Experts of the Committee on the Elimination of Racial Discrimination Commend Pakistan on “A” Status for National Human Rights Commission, Raise Questions on Blasphemy Laws and the Illegal Foreigners Repatriation Plan
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-fourth to twenty-sixth periodic report of Pakistan. Committee Experts commended Pakistan for the recent “A” status awarded to its National Human Rights Commission, while asking questions about the State’s blasphemy laws, and the application of the illegal foreigners repatriation plan.
Yeung Kam John Yeung Sik Yuen, Committee Expert and Country Rapporteur, said it was gratifying to note that the Committee had received a report from the National Commission for Human Rights, informing that earlier this year it had been accredited with an “A” status by the Global Alliance of National Human Rights Institutions. Mr. Yeung Sik Yuen congratulated the Commission for this success and said the efficacity of the action undertaken by the Commission must be commended.
Blasphemy laws, which involved insulting the religion or religious figures, were a matter of great preoccupation in Pakistan, Mr. Yeung Sik Yuen said. The Committee had received reports of persons belonging to ethnic minority groups being falsely accused of blasphemy or otherwise killed or physically attacked before fair trial, including five members of the Ahmadiyya community who were arrested under blasphemy charges in January 2023 for publishing and selling an alleged altered version of the Holy Quran. Did the delegation have information on the number of extra-judicial killings that had taken place in relation to blasphemy accusations? What measures had the State party taken to promptly investigate and prosecute these cases?
Pela Boker-Wilson, Committee Expert and Co-Rapporteur, said that on 26 September 2023, Pakistan internally issued the illegal foreigners repatriation plan which outlined the repatriation of Afghan nationals in three phases. What steps had been taken to ensure that the plan contained provisions for individualised assessments of risks of refoulement, including for Afghan women and children who were victims of trafficking or who may have a justifiable fear of persecution upon return? Could more information be provided on reports that since the enactment of the plan, an estimated 9,000 to 10,000 people originating from Afghanistan had been returned daily?
The delegation said a police official investigating blasphemy cases had to be senior, at least a superintendent. To ensure that justice was met, all police departments in Pakistan had formulated standard operative procedures for the investigation of blasphemy procedures, so no innocent people were framed in the case. After one investigation into blasphemy had been conducted, a member of an ethnic minority was found to be innocent, and a Muslim person who had desecrated the Holy Quran was subsequently arrested and prosecuted. The Criminal Code Procedure brought about the need for blasphemy cases to be investigated by a senior police official; 96 per cent of persons accused of blasphemy cases in jail were Muslims, highlighting that the law was not being discriminatory.
The delegation said the illegal foreigners repatriation plan was not Afghan-specific. The aim was to identify and repatriate illegal, visa overstaying foreigners in a phased matter. The first phase focused on the deportation of individuals in an orderly and just process, keeping in line with human rights obligations. In addition to deportations, there were measures to identify and repatriate individuals holding fraudulent documents, which applied to a large number of Afghans. In some cases, the programme facilitated the relocation of Afghans to third party countries. Following the events of August 2021, Pakistan had opened its doors to Afghans and the State had fulfilled its obligations of non-refoulment at that juncture. Pakistan was fully sensitive to its responsibilities under international law and had gone beyond its international responsibility.
Introducing the report, Samina Mumtaz Zehri, Chairperson of Pakistan’s Senate Standing Committee on Human Rights and head of the delegation, said as one of the first signatories of the International Convention on the Elimination of All Forms of Racial Discrimination, Pakistan remained fully committed to eliminating racial discrimination in all its forms and manifestations. The State recognised the human rights challenges and the enormity of the remaining work. The dialogue with the Committee was part of that long journey.
In concluding remarks, Mr. Yeong Sik Yuen said all parties had been frank and cooperative during the dialogue. He congratulated the delegation for this and wished them a safe journey home.
In her concluding remarks, Ms. Zehri thanked the Committee members for sharing their emotions and sentiments during the dialogue. The State would take measures to make the situation in Pakistan better, with the help of the Committee. As a diverse and vibrant country with multiple ethnic groups, Pakistan had always attached great importance to non-discrimination on the grounds of race and religion, and took great pride in its national diversity.
The delegation of Pakistan consisted of representatives of the Ministry for Law, Justice and Human Rights; the Ministry of Human Rights; the Senate; and the Permanent Mission of Pakistan to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and thirteenth session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 12 August, at 3 p.m. to begin its consideration of the combined fourteenth and fifteenth periodic report of Bosnia and Herzegovina (CERD/C/BIH/14-15).
Report
The Committee has before it the combined twenty-fourth to twenty-sixth periodic report of Pakistan (CERD/C/PAK/24-26).
Presentation of Report
SAMINA MUMTAZ ZEHRI, Chairperson of Pakistan’s Senate Standing Committee on Human Rights and head of the delegation, said as one of the first signatories of the International Convention on the Elimination of All Forms of Racial Discrimination, Pakistan remained fully committed to eliminating racial discrimination in all its forms and manifestations. Pakistani society comprised a motley of ethnic, religious, and cultural groups. The Government continued strenuous efforts to ensure that development benefits reached all its citizens without distinction and discrimination.
The progress demonstrating Pakistan’s commitment to aligning legal and policy architecture and actions with the Convention and the Committee’s advice could be seen in several instances. For instance, after the twenty-fifth constitutional amendment, federally administered tribal areas were merged into Khyber Pakhtunkhwa province. Furthermore, in line with its previous recommendations, the Government completed the enormous task of conducting the country's census in 2023. This was Pakistan’s first-ever digital census, and the current population of Pakistan stood at approximately 241 million. According to the results, the population of key religious minorities in Pakistan had increased.
This year, the National Commission for Human Rights of Pakistan was accredited as an A-status national human rights institution by the Global Alliance of National Human Rights Institutions. The National Commission received a total of 2,455 complaints between 2018 and 2023. Pakistan was cognisant of concerns of the human rights community regarding episodic incidents of violence that impacted religious minorities. In the Punjab province alone, the Government had deployed 364 security personnel permanently for the protection of places of worship of non-Muslims. There were reserved seats for religious minorities in the National and Provincial Assemblies and the Senate. Religious minorities benefitted from a five per cent reserved quota in government jobs.
Pakistan had hosted over four million Afghan nationals in full honour and dignity for over four decades. Hosting such a large refugee population required international cooperation and burden and responsibility sharing, and the State continued to seek international partnerships in this regard.
In Pakistan’s domestic legal framework, clear constitutional and penal provisions strictly prohibited and criminalised the offense of discrimination and its propagation. The term discrimination was adequately covered and considered within the legal and administrative frameworks of the country. Domestic laws, such as the Penal Code, stipulated penalties against perpetrators of discrimination. Pakistan’s superior judiciary had also referred to the Convention’s provisions in several high-profile judgments. Some of the laws enacted by the Federal and Provincial Assemblies during the reporting period included the Hindu Marriage Act 2017, the Enforcement of Women's Property Rights Act 2020, and the Protection of Journalists and Media Professionals Act 2021, among others.
Pakistan’s Electronic Media Regulatory Authority issued an advisory to all television cable operators and media houses to remain vigilant and report any content aimed at inciting religious discrimination and violence. District vigilance and interfaith harmony committees had been established to monitor the state of religious sites and advance peaceful coexistence through the involvement of religious leaders. As part of these efforts, Pakistan proudly inaugurated Gurdwara Darbar Sahib Kartarpur in 2019, understood to be the world’s largest Sikh Gurdwara. The State recognised the human rights challenges and the enormity of the remaining work. The dialogue with the Committee was part of that long journey. Pakistan looked forward to an enriching discussion.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said a few words about Anwar Gamal, who had had a very distinguished career with the Committee as a former member from Pakistan.
Mr. Yeung Sik Yuen said a study had been carried out in 2018 of Pakistan’s international human rights obligations and their domestic implementation. What manner and extent had the Convention been domesticated in Pakistan? The Committee had recommended that a definition of racial discrimination be incorporated in its domestic legislation in line with the Convention. The Committee noted the information provided in the State party’s report that it interpreted minorities as equal citizens of Pakistan in articles within the Constitution. In light of the controversy giving preponderance to religious discrimination as a one size fits all phenomenon, had the State party any serious reason not to provide a comprehensive definition of racial discrimination in its federal law which complied with the definition contained in the Convention?
Pakistan was a Federal Republic comprised of four provinces and one federal capital territory, Islamabad. The Committee was happy to see that in 2018, the federally administered tribal areas were merged with Khyber Pakhtunkhwa. Could the delegation provide a complete list of the domestic legislations which covered the rights of the citizens and the obligations of the State as set down in the Convention? Why had a common initiative by the federal legislature to curb the serious issue of religious intolerance existing nationwide, and all forms of discrimination, not yet materialised? Representatives of a range of religious communities in Pakistan had called for an interfaith tolerance law. Was this initiative being considered by the State?
The report mentioned that the State had promulgated various laws and taken meaningful policy measures to criminalise hate speech and to promote racial and interfaith tolerance. Could the delegation provide the Committee with information on the effectiveness of these laws, with reference to the names and number of cases undertaken to date, their nature and outcomes? How did the legal procedure in cases concerning hate speech differ from that concerning blasphemy? Did Pakistan have any plan to extend the prohibition of organizations that promoted racial discrimination?
Blasphemy laws, which involved insulting the religion or religious figures, were a matter of great preoccupation in Pakistan. The Committee noted the State party’s efforts to prevent misuse of those laws but expressed its concern at the broad and vague definition of offences against religion found in those laws. The Committee was also concerned about frequent reports of false accusations, absence of investigation, and prosecutions, as well as reports that the judges who heard blasphemy cases and those accused of blasphemy faced intimidation, death threats and murder. The Committee recommended that the State party consider repealing the blasphemy laws.
The Committee had received reports of persons belonging to ethnic minority groups being falsely accused of blasphemy or otherwise killed or physically attacked before fair trial, including five members of the Ahmadiyya community who were arrested under blasphemy charges in January 2023 for publishing and selling an alleged altered version of the Holy Quran. Did the delegation have information on the number of extra-judicial killings that had taken place in relation to blasphemy accusations? What measures had the State party taken to promptly investigate and prosecute these cases? There were reports of high-profile victims related to reports of blasphemy who were killed. Had investigations in these cases led to any arrest and prosecution? The report informed that to protect the rights of citizens in respect of blasphemy laws, the procedure had been amended and the preliminary enquiry in blasphemy cases was now carried out by a District Police Officer. Could the delegation inform what was the procedure before the amendment?
Responses by the Delegation
The delegation said the principle of non-discrimination was interwoven into Pakistan’s Constitution and legal framework. Minorities were not only religious in Pakistan. The country was multilingual, multiethnic and multicultural. A police official investigating blasphemy cases had to be senior, at least a superintendent. To promote the rights of religious minorities, Pakistan had introduced a five per cent quota for religious minorities in all jobs. There was also a two per cent quota in educational institutions for religious minorities. Right now, Muslims comprised the majority of those in prison. Pakistan provided scholarships to students of religious minorities every year. The State had recently created a centre for Muslims and Christians to receive complaints and planned to roll these out across the country. There was no ban on freedom of expression in Pakistan. Every citizen in Pakistan was considered equal under the law.
To ensure that justice was met, all police departments in Pakistan had formulated standard operative procedures for the investigation of blasphemy procedures, so no innocent people were framed in the case. After one investigation into blasphemy had been conducted, a member of an ethnic minority was found to be innocent, and a Muslim person who had desecrated the Holy Quran was subsequently arrested and prosecuted. The Criminal Code Procedure brought about the need for blasphemy cases to be investigated by a senior police official; 96 per cent of persons accused of blasphemy cases in jail were Muslims, highlighting that the law was not being discriminatory. The Government of Pakistan were cognisant of the minorities and this was illustrated when the Prime Minister visited a community where houses had been destroyed.
The Government was sensitive when it came to the issue of hate speech against minorities. The Pakistan Electronic Crime Act gave a clear definition of hate speech. In Punjab, there had been 72 cases of hate speech reported between 2022 and 2024, with all being brought to the courts. Most cases had been registered against Christians. Out of 37 persons arrested, 19 persons had been convicted.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, asked about the Criminal Code Procedure which brought about the need for blasphemy cases to be investigated by a senior official. What was the situation before? Who decided whether the case should be prosecuted or not?
A Committee Expert noted that the delegation said that there were 74 reported cases of hate speech and asked how widespread education around the possibility of complaining about hate speech was? It was reported that in 2017, instructions were issued by the Punjab Police to the public to keep an eye on Pashtun street vendors and hotels were instructed not to rent rooms to those who looked like Pashtuns. What information did the delegation have regarding frequent extra judicial killings of Pashtuns? Was it true that a police officer responsible for the extra judicial killings of some 444 ethnic Pashtuns was treated as a hero?
Another Expert said according to the head of the delegation, the criminal system had only recorded five cases of conversion and forced marriage. However, the Committee had information that there had been several cases of abduction, followed by conversion and forced marriage of young girls between the ages of 6 to 16 to their kidnappers. In particular, this referred to a particular ethnic group. Could more information be provided on when the five cases had taken place?
A Committee Expert asked if Pakistan planned to change the law in keeping with the Convention that would encompass all forms of discrimination? What measures were in place to disseminate the new procedure for blasphemy laws?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, thanked Pakistan for sending their follow up report and congratulated the State for obtaining “A” status for the National Human Rights Commission, as this had been one of the issues included in the follow-up. Could an update on the interfaith harmony policy be provided?
Responses by the Delegation
The delegation said the Government had implemented measures to protect minorities, such as forming interfaith harmony units at a district level. The Government of Punjab had launched interfaith harmony units in all sub-districts with significant minority populations. Reports of forced conversion marriage continued to receive the highest consideration of the Government at all levels. Forced marriages were penalised under Pakistan’s Legal Code.
In recent years, legislative developments had taken place to uphold the rights of minorities and prevent forced marriage, including the Hindu Marriage Act 2017. Special protection measures had been instituted to ensure that victims did not have to face accused persons in court, including video testimony.
Judicial decisions in Pakistan had impacted the legal framework concerning the age of marriage. In 2022, a court ruled the marriage of children under 18 was unlawful, and that the marriage would be void. The Child Marriages Restraint Act was being amended to include the age of marriage as 18. Helplines had been established for registration of complaints by women.
In the Pakistan Criminal Procedure, there were two types of offences: cognisable and non-cognisable offences. The offence of blasphemy was a specially reported case which would be investigated by the most senior officers. Once the investigation was complete, it would be decided whether it was fit to be filed in the courts. The National Commission for Human Rights had established an exclusive helpline for complaints on marriages. There were ongoing trainings of judges, prosecutors and police officers to ensure no marriages under the age of 18 took place as per comprehensive personal laws.
Attention was always placed on areas affected by terrorism, as this was something which impacted Pakistan. Under the Anti-Terrorism Act of Pakistan (1987), there was a watch list, as well as a prescribed list.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Co-Rapporteur, said the Committee recognised the efforts carried out by the State party to conclude the 2019 population Census. The Committee recognised the State party’s rich history, including the period between the eighteenth and nineteenth centuries when East Africans were brought to Pakistan as slaves by Arab merchants. The descendants of these East African slaves formed today’s Sheedi community. In light of this reality, did the State party include racial or ethnic composition and variables of self-identification in the different surveys that it conducted?
What was the composition of the population in respect of non-nationals such as migrants, refugees, asylum seekers and stateless persons disaggregated by residence status, gender and age. Did the 2019 Census provide for self-identification beyond pre-coded response options? What steps had the State party taken to collect and evaluate socio-economic indicators across various ethnic minorities to develop evidence-based socio-economic policies?
The Committee was concerned about the continued segregation of ethnic minorities such as the Ahmadis, Hazaras and Dalits in the territory of the State party, noting the discriminating nature of the electoral law requiring separate registration for Ahmadis and a declaration that they were non-Muslims. Against this background, what steps had the State party undertaken to amend existing legislation that served as a legal basis for the discrimination or segregation of minority groups? What measures had been considered to ensure the full and effective participation of ethnic minorities, adopting measures to ensure that minority voters had equal opportunities to vote or participate in politics?
The Committee was concerned about reports that Pakistan had an unofficial caste system that perpetuated the marginalisation of minority communities. A commission reported that non-Muslim minorities, and especially those from the Christian community, ended up with sanitation work due to systemic barriers. Could the State party confirm these reports? What action had been taken to address these reports regarding qualified minorities applying for higher federal jobs?
According to the 2017-2018 Annual Statistical Bulletin of Federal Government Employees, the commission reported that employees belonging to minority groups comprised less than 3 per cent. What long and short-term steps had been undertaken to increase the number of qualified minorities to meet the eligibility criteria for higher government jobs? What concrete action had the State undertaken to ensure a more robust and inclusive implementation of the five per cent quota?
The Committee noted the amended 2019 Punjab Bonded Labor System (Abolition) Act that increased the penalty for bonded labour and provided for adequate numbers of labour inspectors. Could updated information be provided regarding the status of the Baluchistan Bonded Labour Bill? The Committee also recognised the survey conducted on out-of-school children residing with their families in brick kilns, as well as plans to have them enrolled in school. How many out-of-school children identified during the survey had been enrolled in school? The Committee would appreciate detailed information on measures to prevent or target adult bonded labour.
The Committee noted the submission by the State party regarding the resumption of the Sheedi Mela and the holding of the annual Mangho Pir by the Sheedi community. Notwithstanding this, it had been reported that the Sheedis continued to face other forms of widespread discrimination in Pakistan. Could more information on the situation of the Sheedi be provided, including relevant statistical data?
The Baloch formed part of a large ethnic group of Pakistan (five per cent). They also made up a third of the population of Baluchistan, the largest province. The Baloch province was currently experiencing widespread protests led by the Baloch Yakjehti Committee, demanding the release of detained protesters and withdrawal of charges against them. Several people had disappeared and there had been reports of killings and injuries. The Pakistan Commission of Inquiry on Enforced Disappearances had registered over 10,000 cases since 2018. What measures had been taken to investigate, prosecute, sentence and deliver penalties to perpetrators of these enforced disappearances?
The Committee was also deeply concerned about information received regarding major attacks on Hazara minorities, which had occurred at the checkpoints meant to deliver security. Had the State party received complaints in this regard? If yes, what measures had the State party put in place to address the situation?
Responses by the Delegation
The delegation said only half of Pakistan’s Baloch population lived in Baluchistan itself. Baluchistan had seen an increase in attacks by terrorist groups in recent years. The Government’s measures were focused on targeting the terrorist actions occurring in Baluchistan. Recently the Government had also announced five million Pakistani rupees for the families of missing persons. The Government had always upheld the rights for freedom of assembly for civil society in Baluchistan. Recently, a group of the Baloch Yakjehti Committee were stopped after holding a violent demonstration, during which a government office was set on fire and inciteful slogans were chanted. The Committee was an unregistered organization with a history of extremely violent protests. There had been indicators that a suicide bombing threatened the Committee event, which resulted in heightened security measures.
The Government of Pakistan had taken steps to address the observations of the Committee raised in 2016, including the conduct of the national census, which had been completed in 2023. The census recorded that the total of the population identifying as Muslim had reduced slightly to 96.35 per cent, while the population of all major religious minorities had increased.
Minorities living in Pakistan were provided equal protection by law. Several articles of the Constitution specifically protected the cultural, social and economic rights of minorities, offering enhanced safeguards for this group. Employment and government quotas in the public sector had ensured increased participation of this group in employment in the public sector. The five per cent quota ensured minority rights in parliament were safeguarded.
A national action plan was devised in 2014 for countering terrorism and extremism. Effective implementation of the national action plan was being ensured by implementation committees. Around 78 organizations had been prescribed so far under the Anti-Terrorism Act. Operations were being carried out against criminal gangs and militant outfits. There was a substantive population in the Hazara community and substantial security measures had been adopted for this population. Special securities had been arranged for their places of worship and businesses.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Co-Rapporteur, asked about the exclusion of minorities in the previous population census which had not been captured in the 2019 Census.
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, asked for information taken on measures to prevent bonded labour and the impact of these measures? What were examples of investigations and prosecutions of bonded labour cases in different regions?
A Committee Expert said Pakistan still did not seem to recognise caste-based discrimination as an issue in the country. Could the delegation explain this? Because of the concerns around abduction for marriage, Talib parents did not send their girls to schools. Child labour was another serious problem. What measures had been taken to improve this situation?
Another Expert said the Committee had heard news that many places of worship of minority groups had been destroyed in 2023. Had investigations been carried out to determine the perpetrators? Had the minorities benefitted from any reparations? Could information be provided on the Sheedi population?
Responses by the Delegation
The delegation said Sheedi’s were descendants of East Africans brought to Pakistan as slaves, and there were between 250,000 to a million of them in Pakistan. The Sheedi community had been assimilated in society and were Muslims, meaning there was no issue of discrimination. There had been an incident at the cultural fair where a few people died, and the Government was committed to resuming this fair. A member in the Parliamentary Assembly belonged to the Sheedi community. The Constitution of Pakistan strictly prohibited slavery and bonded labour. The Bonded Labour Act was enforced in all provinces in Pakistan, and district vigilance committees had taken action regarding bonded labour. More than 35,000 labour inspections had been undertaken, resulting in 156 arrests. The participation of minorities at all levels was ensured, and there was no discrimination including in access to employment, education and public places.
The Government had appointed more than 11,000 personnel to provide security around religious sites. As seen in the census, ethnic minorities comprised four per cent of the population. As well as the quotas, open seats were also open to minority groups. The highest competitive examination for reaching the top levels of democracy was open to everyone, including ethnic minorities. It was ensured that five per cent of government recruitment would go to those belonging to ethnic minorities.
There was no constitutional, legal or systemic barrier preventing a member of any community to join any business. There was a conspicuous trend of strengthening legal architecture on the right to work in Pakistan. Pakistan worked with the International Labour Organization to establish a decent work entry programme. The current programme had a section to plan projects which focused on protecting workers from vulnerable communities. Sanitary workers were often exposed to toxins and gases and needed training in protective equipment. The Government had undertaken cooperation with the International Labour Organization to extend protection to sanitary and Bricklin workers who worked in brick kilns. Pakistan supported the formation of unions by members of minority groups.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said justice delayed was justice denied. Unfortunately, Pakistan had a backlog of some 2.4 million court cases. What information could be provided on measures taken to reform the court procedures? What procedural hurdles could a victim of racial discrimination expect to encounter? Were there legal aid centres established to effectively support the various ethnic minority groups?
The Committee had received concerning information on the continued practice of Jirgas, all-male councils that resolved disputes traditionally, without involving formal legal proceedings or without the presence of a judge or jury. Although declared unlawful by the Pakistan Supreme Court in 2019, Jirgas continued to operate widely in Pakistan. It had been reported that in extreme cases, Jirgas had even delivered death sentences for women accused of moral transgressions.
It was reported that in May 2024, five members of a Jirga were arrested for arranging a settlement with a defendant accused of raping a minor girl. What was the status of the cases involving the five members of the Jirgas? What steps had been undertaken by the State party to address this practice and give effect to the Pakistani Supreme Court’s declaration against the Jirgas? Did the State envisage legislating at the federal level to prohibit jirgas?
In 2007, Chief Justice Iftikhar Chaudhry and 59 judges were sacked by General Parvez Musharraf, then President of Pakistan. Following a long protest, the deposed judges were reintegrated. President Musharraf himself resigned in 2008 to avoid impeachment. Could the delegation inform whether the two events were directly related?
Earlier this year, seven out of the nine judges of the High Court of Islamabad complained that they had been subjected to pressure in the exercise of their duty by State security officers. Could the delegation inform of any update? How were judges appointed and removed in Pakistan? Was there a minimum qualification for appointment? Was there a legally prescribed age for retirement? Were judges guaranteed security of tenure and what were the permissible grounds for their removal from office? Were minority groups represented in the judiciary? There were judges appointed to sit on the anti-terrorism courts. How were they appointed? What measures were taken to ensure that the family members of victims were effectively compensated?
According to the report, the Federal Government had established the National Commission for Human Rights for a period of four years, and its term had been completed in May 2019. Was there a period of time when there was no operative Commission? The Commission included one representative from minority communities. Did the delegation consider that one representative from the many existing minority communities to represent all minority communities was adequate? Were members appointed for a specified term? Who appointed the Chairperson?
It was gratifying to note that the Committee had received a report from the National Commission for Human Rights, informing that earlier this year it had been accredited with an “A” status by the Global Alliance of National Human Rights Institutions. Mr. Yeong Sik Yuen congratulated the Commission for this success and said the efficacity of the action undertaken by the Commission must be commended. Concerning the case where the Commission took suo motu notice of the desecration of Ahmadi graves in Punjab, leading to the registration of cases against 23 named persons and 15 unknown accused, could an update be provided on the present status of those cases?
The Commission noted with concern the increase in the number of blasphemy cases during the last two years. From 2020 to 2022, the number of incarcerated persons for blasphemy were 11, 9 and 64 respectively. The number surged to 213 last year and to 705 as of 21 June 2024. Many new cases were lodged under the Prevention of Electronic Crimes Act and concerned young persons under 30 years of age. What was being decided on these controversial cases? What were the results of efforts to strengthen the Commission for Minorities? Could information be provided on the mandate, appointment procedure, and decision-making process of the Commission?
Responses by the Delegation
The delegation said various measures had been taken to ensure judicial independence. The Constitution enshrined provisions to protect the judiciary. Judges were appointed through a transparent and merit-based process. The judges of the lower judiciary were appointed through a competitive examination. Judicial academics provided ongoing training for judges to enhance their understanding of laws and their ethical responsibilities. These collective efforts contributed to the strengthening of the independence of the judiciary. There were no judges from minority groups, although they were some members of minority groups employed within the courts. The National Commission of Minorities was established in 2020, comprising of 12 members of different minority groups. The mandate of the Commission encompassed advocacy for the rights of minorities.
The Supreme Court of Pakistan declared Jirgas unlawful in 2019. The cases of the seven judges were currently under investigation. A recommendation had been made to Pakistan by the Committee to expand the jurisdiction of the courts to all territories, which had been completed. This was a reflection of how the legal system in Pakistan was now applicable in all territories. This practice was not widespread in the country. It had been previously well practiced, but legal changes had been made in this regard. The development of law was a longstanding process. The Government of Pakistan did not recognise the Jirgas as a judicial forum but it was accepted by the local population as a cultural system of dispensing justice. The Government had taken action in cases of Jirgas where injustice was served. This was an old practice instigated before the independence of Pakistan. The State was committed to implement its laws and ensure injustice was not committed.
The anti-terrorist court judges came from the High Court and had sufficient experience in their legal professions. They were appointed in consultation with the chief judges of the respective high courts. The National Commission for Human Rights was an independent body created under the Paris Principles. The members of the Commission represented all the provinces, as well as the minorities. The Chairperson had been appointed in 2021. There had been a gap in appointments, due to an order issued by the High Court. The budget had constantly been increased for the Commission. The tenure for appointment for the Chairperson was four years.
Questions by Committee Experts
A Committee Expert asked for more information about girls who had been abducted and forced into conversion and marriage with their abductor. What sentences were handed down for abduction, conversion and forced marriage of minors? Who could request a marriage to be made null and void if the girl was under the age of 18? Was the person who conducted the marriage prosecuted for conducting an illegal marriage? What had become of the complaints received by the National Human Rights Commission? Could the decisions taken on these complaints be challenged?
Another Expert asked for more information on how the National Human Rights Commission operated. How did it exercise its mandate?
A Committee Expert asked for responses on the cases of human rights defenders. Did the attacks against human rights defenders lead to an official investigation? What was the rate of implementation of recommendations from the National Human Rights Commission? How many regional offices did the Commission have throughout Pakistan? There were reports of excessive use of violence in the army. Did culprits appear before the normal courts or was there military jurisdiction?
PELA BOKER-WILSON, Committee Expert and Co-Rapporteur, said according to reports, more than 6,000 acres of land were taken by the army from the Pashtun communities on security grounds, without compensation. This act had led to the displacement of communities and had resulted in forced abductions. Could the delegation provide information in relation to these reports?
A Committee Expert asked what Pakistan could do to improve the capabilities of people of African descent in the country? Could information about discrimination against refugees be provided?
Responses by the Delegation
The delegation said there was a backlog in court cases due to a lack of funds and judges. The State was working on addressing this concern. The National Commission for Human Rights had sub-offices in all four provinces of Pakistan. The Commission had received more than 7,000 complaints and they had all been resolved. The Commission had visited prisons 173 times to look into the lives of prisoners in the country. The National Commission of Human Rights had the powers of a civil court and was able to hear complaints under the Criminal Act. In the province of Sint, litigants could also file a complaint in the Sindi language in the courts. There were no linguistic barriers in Pakistan for litigation purposes.
The entire population of Sheedis living in Pakistan were Muslim. Last night, Pakistan won its first Olympic medal in 40 years; the last time a medal was won by was a member of the Sheedi community. This group was valued within Pakistani society. The Committee had mentioned a report regarding enforced disappearance. In the cases of enforced disappearances, the basis was that ethnic minorities were the target. This was an example of misinformation. A memorandum of understanding had been signed which stated that the Madaris would gradually introduce contemporary subjects into their education curriculum. There were 25,000 Madaris students undergoing vocational training across the country. Students received grants to support accommodation and food expenses and a monthly stipend.
Some political parties had been campaigning on social media against State agencies, including allegations of enforced disappearance. Law enforcement and intelligence agencies fully cooperated with the Commission of Inquiry, and the number of enforced disappearances had reduced significantly since the establishment of the Commission. There were security issues in Baluchistan. State agencies protected the province from terrorist groups.
Religious education had been introduced from grade one for students, enabling children from religious minorities to be able to study their own religions in schools. Textbooks on religious studies for minority groups had been finalised. The school curriculum also integrated human rights and global issues.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Co-Rapporteur, said the Committee noted with serious concern the outcome of the five cases investigated in Lahore District. The Committee would appreciate if the State party could provide information regarding the procedures applied during the investigation to authenticate the ages of the victims in the five cases. Had the State party investigated and prosecuted other cases on forced abduction, conversion or marriage, in which it found the accused person or persons guilty? If yes, what were the penalties applied?
The Committee had received reports that only Muslims were allowed to perform Qurbani, leading to numerous police actions against Ahmadis. It was further reported that various bar associations had issued resolutions explicitly targeting Ahmadis, reinforcing social and legal barriers against their religious practices. In 2021, the Rawalpindi Bar Association escalated this campaign by threatening to take legal action against any government official who failed to prevent Ahmadis from performing the Eid sacrifice, leading to heightened tensions and incidents of violence against Ahmadis during the festival. As a consequence of these respective actions by various bar associations, there had been renewed attacks on prominent jurists belonging to minority communities in Pakistan. Could the State party comment on all of these accusations?
The Committee was also concerned about information regarding about 1.7 million undocumented Afghans who had made Pakistan their home over the last decades, following the deterioration of the security situation in Afghanistan. On 26 September 2023, the State party internally issued the illegal foreigners repatriation plan, which outlined the repatriation of Afghan nationals in three phases. On 3 October 2023, a formal announcement was issued stating the deadline of 1 November 2023 for all illegal foreigners to leave Pakistan.
What steps had been taken to ensure that the illegal foreigner’s repatriation plan contained provisions for individualised assessments of risks of refoulement, including for Afghan women and children who were victims of trafficking or who may have a justifiable fear of persecution upon return? Could more information be provided on reports that since the enactment of the plan, an estimated 9,000 to 10,000 people originating from Afghanistan had been returned daily? Could information be provided regarding widespread reports that an estimated 26,299 undocumented persons and 4,368 documented Afghan asylum seekers were arrested and detained in 2023?
Responses by the Delegation
The delegation said in Pakistan, if any cases were reported on abduction and forced marriage, the age of the victim was determined through a birth registration certificate. If a girl was above 18 years of age, she was allowed to make her own decisions. If the girl was found to be less than 18 years of age, action was taken by the court. There had been numerous cases where girls had been returned to their parents by the court. It was stipulated within the Constitution that any person who was Ahmadi was not allowed to undertake religious practices which offended the Muslim community. The Government had taken serious measures before the ritual of Eid to maintain peace. Because of these measures, there was no serious incidents during the recent Eid.
The State was aware of the Committee’s concerns regarding the situation of non-citizens, including migrants, refugees and asylum seekers in Pakistan. While Pakistan was not a signatory to the 1951 Refugee Convention, it remained committed to the principles of non-refoulement. Pakistan had demonstrated its adherence to its principles through various measures, ensuring the rights of refugees were upheld. Pakistan would continue to facilitate the registration of Afghan refugees in collaboration with the United Nations and other partners. Services had been implemented which were accessible to all and were critical to ensuring Afghan refugees in Pakistan could live with dignity. There were more than 800,000 Afghans who held citizenship cards in Pakistan.
Cards were issued to Afghan refugees to provide them with legal accommodation, and enable them to register their children. A unit had been established to aid and facilitate refugees on issues related to healthcare, education and protection. Refugee children had access to public schools and there were specific schools run by non-governmental organizations that catered to refugees. Also, 10,500 scholarships had been announced for Afghan refugees. There were specialised health services for Afghan refugees, addressing needs such as maternal and child health and chronic diseases. Programmes were in place to provide Afghan refugees with economic stability, setting them up for a sustainable return to Afghanistan.
Hubs had been created to promote cohesion between refugees and their host communities. Pakistan provided legal aid to Afghan refugees in the country. A hosting programme was introduced as a result of the financial, economic and social issues that arose from hosting Afghan refugees for four decades.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Co-Rapporteur, said the questions about the 6,000 acres of land taken from Pashtun communities had not been answered.
A Committee Expert said before the independence of Pakistan, there were wars between Hindus and Muslims. The Pakistani leader, Muhammad Ali Jinnah, had brought peace and stopped the war. Was the Pakistan today the Pakistan of Muhammad Ali Jinnah? It seemed that the history of Pakistan had been forgotten. Was there anybody in Pakistan today who could bring about the message of Muhammad Ali Jinnah?
Another Expert said Pakistan had one of the highest maternal mortality rates in Asia, mainly due to post-partum haemorrhage. The Committee hoped to adopt a general recommendation on racial discrimination and the right to health. The State party needed to acknowledge structural defects and collect data on ethnic women and follow up on maternal mortality rates. Did the State party do this? Did the State party take any measures to disseminate health information among women, in order to help uneducated women to seek health care services?
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said the religion of the Ahmadis had come into effect in 1889. Before 1984, were the Ahmadis considered as Muslims? Ninety-six per cent of the population in Pakistan were Muslim. In other countries, Ahmadis could visit mosques and they were accepted. The treatment Ahmadis received in Pakistan was indefensible. Pakistan had changed. The country should look back at history.
Responses by the Delegation
The delegation said the admiration for Muhammad Ali Jinnah, Pakistan’s leader, was appreciated. Pakistan had engaged actively with the Ahmadi community and was making progress. Ahmadis were declared as non-Muslims which was why they could not partake in certain practices.
The illegal foreigners repatriation plan was not Afghan-specific. The aim was to identify and repatriate illegal, visa overstaying foreigners in a phased matter. Not all Afghans in Pakistan were refugees. The first phase focused on the deportation of individuals in an orderly and just process, keeping in line with human rights obligations. In addition to deportations, there were measures to identify and repatriate individuals holding fraudulent documents, which applied to a large number of Afghans. In some cases, the programme facilitated the relocation of Afghans to third party countries.
Following the events of August 2021, Pakistan had brought opened its doors to Afghans and the State had fulfilled its obligations of non-refoulment at that juncture. This opened the door to a lot of illegal Afghans who came to Pakistan. The number of third country settlements in the last two years had not been more than 30 per cent, due to several challenges, including the end of the COVID-19 pandemic. There were more than 505,000 foreign nationals who had been repatriated, including Afghan nationals. Pakistan was fully sensitive to its responsibilities under international law and had gone beyond its international responsibility. Afghan refugees had been provided full access to health, social and education facilities and had a collaborative relationship. They had been given a place in the economy, society and in the hearts of Pakistan.
There was no ethnic profiling in Pakistan. Twenty-two Christian churches had been rebuilt and renovated. Monetary compensation had been provided to affected families.
Concluding Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, thanked the delegation for sending the follow-up report last time. It was hoped the State would continue this practice.
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said all parties had been frank and cooperative during the dialogue. He congratulated the delegation for this and wished them a safe journey home.
SAMINA MUMTAZ ZEHRI, Chairperson of Pakistan’s Senate Standing Committee on Human Rights and head of the delegation, thanked the Committee members for sharing their emotions and sentiments during the dialogue. The State would take measures to make the situation in Pakistan better, with the help of the Committee. As a diverse and vibrant country with multiple ethnic groups, Pakistan had always attached great importance to non-discrimination on the grounds of race and religion and took great pride in its national diversity. Pakistan faced challenges, including debt, climate change, misinformation, and geopolitical instability. Despite these challenges, the State was committed to upholding the principles of non-discrimination.
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