Experts of the Human Rights Committee Express Satisfaction at “A” Grading of the National Commission for Human Rights of Pakistan, Raise Issues Concerning Attacks on Journalists and Religious Minorities
The Human Rights Committee concluded on Friday, 18 October, its consideration of the second periodic report of Pakistan on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts expressing satisfaction at the “A” grading of the National Commission for Human Rights, and raising issues concerning attacks on journalists and religious minorities.
A Committee Expert expressed satisfaction at the “A” grading of the National Commission for Human Rights and its membership of the bureau of Global Alliance of National Human Rights Institutions. What specific steps had been taken to ensure the continuous ability of the Commission to carry out its mandate fully and independently, in accordance with the Paris Principles?
One Committee Expert said threats, disappearances and killings of journalists were widespread, fuelling a climate of self-censorship. There was near total impunity for violations against journalists. What prosecutions had been issued for crimes against journalists and what measures were in place to address impunity and guarantee remedies for victims and their families?
Another Committee Expert said that religious minorities were subjected to attacks, killings, forced conversions, desecrations of graves, and increased levels of harassment and discrimination. What measures were in place to prevent these acts and protect religious minorities?
Malik Muhammad Ahmad Khan, Speaker of the Punjab Assembly and head of the delegation of Pakistan, introducing the report, said Pakistan’s efforts to strengthen the legal architecture against discrimination had continued since their first review in 2017. Several important legislations had been implemented, including the Hindu Marriage Act 2017, the Protection of Journalists and Media Professionals Act 2021, and the Anti-Rape (Investigation and Trial) Act 2021, among others.
The delegation said that the Government was committed to protecting freedom of expression and had implemented several measures to protect the rights of journalists. Restrictions on freedom of expression were in line with the principles of necessity and proportionality. Committees had been established to investigate violence against journalists and activists.
The delegation also said that the Government was committed to protecting the rights of religious minorities and their places of worship, which at times had been attacked by extremist groups. Officials had apprehended persons who had committed terrorist acts against minorities. A strategy for religious tolerance was developed in 2022 and thousands of special forces had been deployed and various security measures had been implemented to increase the security of religious communities.
In concluding remarks, Mr. Khan said Pakistan continued to make every effort to achieve its foundational ideals, promoting social harmony while responding to grave threats, including limited resources, climate change, and foreign-funded terrorism. The Committee’s advice would help the State party to keep moving forward.
Tania María Abdo Rocholl, Committee Chairpersonin closing remarks, said the dialogue had addressed violence against women, reproductive rights, anti-terrorism measures, separation of the powers, slavery, the rights of children, freedom of movement and expression, the right to peaceful assembly, and the inclusion of asylum seekers and refugees, among other topics. The Committee’s concluding observations would seek to strengthen the implementation of the Covenant in Pakistan.
The delegation of Pakistan was made up of representatives of the Punjab Assembly; the Ministry for Law and Parliamentary Affairs; the Ministry of Human Rights; and the Permanent Mission of Pakistan to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-second session is being held from 14 October to 7 November 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 21 October, to begin its consideration of the third periodic report of Greece (CCPR/C/GRC/3).
Report
The Committee has before it the second periodic report of Pakistan (CCPR/C/PAK/2).
Presentation of Report
MALIK MUHAMMAD AHMAD KHAN, Speaker of the Punjab Assembly and head of the delegation, said Pakistan’s efforts to strengthen the legal architecture against discrimination had continued since their first review in 2017. Several important legislations included the Hindu Marriage Act 2017, the Enforcement of Women's Property Rights Act 2020, the Protection of Journalists and Media Professionals Act 2021, the Transgender Persons (Protection of Rights) Act 2018, the ICT Rights of Persons with Disabilities Act 2020, the Anti-Rape (Investigation and Trial) Act 2021, and the Prevention of Trafficking in Persons Act (2018), among others.
In addition, the Legal Aid and Justice Authority, established under the Legal Aid and Justice Authority Act (2020), provided free legal assistance to marginalised communities, including women, children, and persons with disabilities. Furthermore, other key acts included the Maternity and Paternity Leave Act 2023, the Day Care Centres Act 2023, the Peaceful Assembly and Public Order Act 2024, and the Christian Marriage (Amendment) Act 2024, which raised the minimum age for marriage for Christians to 18 years.
Also, after the twenty-fifth Constitutional amendment, the Federally Administered Tribal Areas were merged into Khyber Pakhtunkhwa province, which enjoyed the uniform application of all laws and the Constitution. Pakistan’s National Commission for Human Rights had received 'A-status' accreditation from the Global Alliance of National Human Rights Institutions, demonstrating its commitment to the Paris Principles. Since its inception, the Commission had received 7,080 complaints, conducted 173 jail visits and 28 fact-finding missions, and published 50 special reports. The budget of the Commission was substantially increased in the last financial year.
The National Gender Policy Framework (2022) presented Pakistan's strategic plan to boost women's involvement in governance, education, and the economy, guaranteeing that women would play a vital role in national development. Provincial initiatives, including the Sindh Empowerment of Persons with Disabilities Act 2018 and the Punjab Reproductive Health Rights and Family Planning Bill 2021, significantly enhanced the safeguarding of women's rights.
Statistical data indicated a notable decline in honour-related crimes and gender-based violence across Pakistan. In Punjab, the number of honour-related murders dropped from 248 cases in 2016 to 150 in 2023, reflecting significant progress. During the reporting cycle, Pakistan enacted laws to protect the rights of the child, such as the Juvenile Justice System Act (2018) and the Zainab Alert Response and Recovery Act (2020). A significant highlight was the launch of the ZARRA mobile app in November 2023, which was developed to enhance child protection by allowing users to report and track child abuse and neglect cases.
The State was fully committed to preventing misuse or abuse of the blasphemy law. The blasphemy law in Pakistan was non-discriminatory and equally protected all Pakistani communities regardless of their religious beliefs. In 2023, the Federal Investigation Agency registered 85 cases of hate speech. During the same year, the Pakistan Telecommunication Authority initiated 4,047 requests to international social media companies to block hate content directed at minorities. Over the past five years, 144 cases of hate speech had been registered by the provincial law enforcement authorities. The Prevention of Electronic Crimes Act was introduced to tackle cybercrimes, including online harassment, hate speech, and incitement to violence.
In 2020, the Government updated the National Action Plan for Human Rights to make it more comprehensive and to address any identified gaps. Additionally, the Human Rights Awareness Programme was launched in 2020 to educate and sensitise the public and office bearers about Pakistan’s international human rights commitments and the follow-up actions being taken. In addition, Pakistan had initiated reforms within the criminal justice system to address issues of overcrowding in prisons, delays in legal proceedings, and allegations of police misconduct.
Over the last year, Pakistan had unfortunately been bracing for yet another tide of terrorist attacks. The State refined the definition of terrorism under the Anti-Terrorism Act 1997, confirming that only actions aimed at achieving ideological, political, or religious goals were considered terrorism. Pakistan continued to face complex issues related to poverty, terrorism, and internal displacement, all of which had a direct impact on the protection of civil and political rights. Gender-based violence and the protection of minorities remained as areas of concern. There had been several reports concerning Afghan refugees in Pakistan. Despite serious financial constraints, Pakistan had hosted over four million Afghan nationals in full honour and dignity for over four decades. The State continued to seek international partnerships in this regard. Mr. Khan said Pakistan looked forward to a fruitful exchange.
Questions by Committee Experts
A Committee Expert asked how far the provisions of the Covenant had been used as a basis for legislation and invoked or applied by domestic courts? What measures had the State party taken to ensure that the Covenant rights were given full effect in domestic legal order? What was the availability of and accessibility to remedies for individuals claiming violations of their rights enshrined in the Covenant? Was there any intention to withdraw the State party’s reservations on articles 3 and 25 of the Covenant? What were the perspectives for acceding to the first and second Optional Protocols to the Covenant in the near future? What was the aim of the lately proposed constitutional amendments, their impact on Pakistan’s “hybrid system”, and why were they raising such strong reactions internally? Had there been any instances of wide and effective public consultations about them?
The Committee expressed its satisfaction at the “A” grading of the National Commission for Human Rights and its membership of the bureau of Global Alliance of National Human Rights Institutions. What specific steps had been taken to ensure the continuous ability of the Commission to carry out its mandate fully and independently, in accordance with the Paris Principles? What assistance was given to the Commission to ensure its ability to investigate all allegations of violations of rights committed by members of the intelligence agencies, police or armed forces? What was being done to facilitate the Commission’s visits to prisons, including the military prisons? What complaints had been received and referrals made, and had the referrals led to prosecutions, convictions and reparations for the victims?
The Expert noted there was no female member in the Pakistani delegation. What was the impact of the legislative measures taken by the State party to achieve full gender equality between men and women, and the empowerment of women, as well as protecting them from all forms of discrimination? What legal and other provisions had been taken by the State to prevent all forms of violence against women, including domestic violence, acid throwing, and harassment, including sexual harassment?
What was the status of the domestic violence bill 2021? Could the delegation report on measures taken to enforce the criminalisation of all forms of rape, including within marriage; address the low level of prosecution and conviction of perpetrators of violence against women; and address regulation and the supervision of the tribal councils (the Jirga) while strictly enforcing legislation prohibition of the application of qisas (equal retaliation) and diyat (financial compensation) laws to the honour-related crimes, as well as the practice of badal el sulah , where a young woman or little girl was given in compensation for blood disputes among men? Could information be provided on the provision of adequate shelters throughout the territory of the State party? What measures were being taken to raise awareness among the population to change the cultural state of mind concerning equality between men and women?
Another Expert asked what measures were in place to ensure independent and effective investigations into corruption, free from political interference? How was the State addressing enforcement challenges, such as budget limitations and staff shortages in anti-corruption bodies? Could the delegation provide details on the internal anti-corruption mechanisms within the judiciary and military, and how did these mechanisms ensure transparency, independence, and accountability? What was the progress made towards the enactment of a Whistleblowers Protection Act and the establishment of a Whistleblower Protection Commission? What measures were in place to protect whistleblowers from retaliation?
Reports indicated that lesbian, gay, bisexual, transgender and intersex persons continued to face increasing violence and discrimination, often unreported due to fear of further persecution and mistrust in law enforcement. What steps was the State party taking to ensure effective investigations into crimes against this group, and to address impunity of perpetrators? How was the State tackling the underlying causes of underreporting by victims, such as fear of police, risk of retaliation by perpetrators, and backlash from family or community members? Could the State party provide disaggregated data on reports of such violence and discrimination?
The Committee was concerned by the May 2023 Federal Shariat Court decision declaring "self-perceived identity" and inheritance rights for transgender persons “incompatible” with the principles of Islam. This had reportedly fuelled further hate speech, violence, and discrimination. Could an update be provided on the appeal of the Federal Shariat Court decision and on the regressive amendments introduced to the Act? What measures were in place to respect, protect, and fulfil the rights of transgender and intersex persons, including legal gender recognition and protection from abusive or unnecessary health interventions?
The criminalisation of same-sex relations under section 377 of the Pakistan Penal Code remained a significant concern. Not only was the criminalisation itself problematic, but it was reportedly used as a tool for persecution, blackmail, extortion, and police abuse against individuals based on sexual orientation and gender identity. What steps had the State party taken to address concerns about such misuse and what efforts had been made to address the impacts of section 377, in perpetuating homophobic and transphobic attitudes?
Pakistan’s restrictive abortion laws created significant barriers to safe abortions. Did the State party have plans to review its abortion legislation to ensure that legal restrictions did not compel women to resort to unsafe abortions? What steps were being taken to educate and train medical service providers to overcome barriers caused by personal beliefs and ensure they provided appropriate care? Could the State party comment on reports of family members of those seeking abortion services being charged? Could the State party elaborate on efforts to further reduce maternal mortality rates and address disparities in access to maternal healthcare based on socio-economic status, ethnicity, and geographical location? Could an update be provided on the Punjab reproductive health rights and family planning bill, as well as similar legislation in other provinces?
Another Expert said in 2017, the Committee expressed concern that the overly broad definition of “terrorism” under the Anti-Terrorism Act encompassed offenses that did not meet standard international definitions of terrorism. What steps was the State party taking to amend the definition of terrorism in the Act? What measures was the Government taking to repeal provisions in the Act that allowed police to search, seize and arrest without a warrant and impose short investigation periods and trial deadlines? How did Pakistan ensure that the Act was not being used to restrict the freedom of expression and religious beliefs of individuals? How did Pakistan ensure that the broad definition of terrorism under the Act was not being misused to target human rights defenders and ethnic minorities? What measures were being taken to ensure that children in anti-terrorism courts received their rights and due process protections? What specialised training and procedures were in place for law enforcement and legal officials to identify and protect children being recruited or exploited by terrorist groups?
The Torture and Custodial Death Act 2022 did not prescribe specific punishments for torture, cruel and degrading treatment, or custodial death. What steps would the Government take to amend the Act in line with international standards to expand the definition of torture to include psychological forms of torture, and provide specific punishment for the offences of torture? How many complaints of torture and custodial deaths had been reported since 2017, and what were the outcomes of these investigations? How many cases had led to prosecutions, and what percentage resulted in successful convictions? What forms of compensation did the Government provide to victims?
The National Commission for Human Rights supervised the Federal Investigation Agency, which had exclusive jurisdiction to investigate torture complaints. However, this framework was hindered by inadequate resources. Reports also indicated widespread torture against women, including incidents of rape, with many victims fearing for their safety and facing reprisal when reporting these abuses. What measures would the Government take to strengthen the effectiveness of the National Commission and the Agency? How would the identities and safety for individuals reporting torture be protected?
In January 2024, Pakistan’s prisons were operating at 152.2 per cent of their intended capacity, with some facilities exceeding 200 per cent occupancy. Reports showed that 73 per cent of prisoners were awaiting verdicts in their cases. What steps was Pakistan taking to adopt non-custodial measures as alternatives to imprisonment? What specific measures was Pakistan taking to align its prison conditions for women with the Bangkok Rules? What measures was Pakistan implementing to investigate reports of abuse by male guards against women prisoners and to hold the perpetrators accountable? What measures was Pakistan taking to end the imposition of prolonged solitary confinement for prisoners? What alternative steps were being taken to effectively ensure the safety of prisoners accused of blasphemy?
An Expert said that in recent years, Pakistan had suffered extreme weather events that had caused the deaths of hundreds of people, including deadly rains and snowfalls in March 2024, a heatwave with temperatures reaching more than 50° in June 2024, in addition to the deadly floods of June/August 2022 which submerged nearly a third of Pakistan and led to the displacement of nearly 8 million people. However, according to the information received, there was no real policy to replace fossil fuels. What were the sustainable measures taken to both remedy and prevent the negative effects of pollution and climate change on the rights protected by the Covenant? Could the delegation explain to the Committee how the "environmental courts" set up at the provincial level worked?
According to information, enforced disappearances were widespread across the territory, and were used as part of the State’s anti-terrorist policy. There had been extra-judicial executions of separatists, political opponents, activists, and journalists. Could the delegation provide the Committee with specific information on what was being done to prevent and punish such violations? What remedies were available to victims to obtain compensation? Did the State intend to reform the Commission of Enquiry to make it functional, independent and effective?
Had Pakistan made any progress in approving additional legislation to do away with the death penalty for those offences which did not fall within the scope of the most serious crimes, including blasphemy? What measures had been taken to ensure that the lower courts followed the practice of the higher courts of limiting the application of the death penalty to lethal crimes? Did Pakistan intend to create a resentencing policy that would reflect the change in legislation on drug-related offences?
The Committee was pleased to be informed about the enactment of the Juvenile Justice Act 2018, which did not allow the death penalty to be imposed on persons under 18 years of age. Could the age determination protocols or safeguards for juveniles in the criminal justice system, that ensured that they were not tried as adults in capital cases, be explained? Could the delegation provide information on the number of minors on death row, including those who committed crimes when they were under 18 years of age? Had stays of execution been issued for persons under 18 years of age?
The Committee welcomed the judgment in the case of Safia Bano v. Home Department, which directly implemented the Covenant and prohibited the execution of persons with severe psychosocial disabilities who were "incapable of understanding the logic of its execution". However, the criminal law and justice reform bill, drafted in January 2022, which revised the Code of Criminal Procedure to include key safeguards and rules from the Safia Bano sentence, was never tabled. Were there any plans to reintroduce this bill as part of the new Government's legislative agenda? Was a pardon or commutation of sentence granted in any of the 103 requests for mercy, including specifically that of a prisoner sentenced to death?
Responses by the Delegation
The delegation said the Constitution of Pakistan protected fundamental rights, which closely mirrored many of the provisions of the Covenant, including the right to freedom of movement, freedom of speech, equality before the law, and the preservation of language, script and culture, among others. The State had enacted many acts across a broad range of topics, which aimed to improve the human rights for people in Pakistan, including the Punjabi Disabilities Act, the Maternity Benefit Act, and the Reproductive Health Act, among others. Pakistan’s legal system ensured that individuals could access justice at various levels and seek redress for the violation of their rights, including through magisterial courts, high courts, gender-based violence courts, juvenile courts and family courts. Pakistan’s judiciary had consistently referenced articles of the Covenant, pertaining to issues including life imprisonment, protection of prisoners’ rights, protection of minority rights, and persons with disabilities, among others.
Pakistan had established a network of Commissions and administrative bodies which were designed to monitor and address various forms of abuse, protect marginalised groups, and provide accountability. These included the National Commission on the Status of Women, the National Commission on the Child, and the National Commission on Enforced Disappearances, among others. Workplace safety and labour laws ensured non-discrimination in various working conditions, and employment rights for all workers. At the time of ratification of the Covenant, Pakistan had entered reservations on two articles, which were reviewed in 2011. Apart from the Constitutional requirements, the State took steps to implement the two articles.
Pakistan’s legal and institutional frameworks were grounded in principles of equality and non-discrimination. The Constitution of Pakistan protected the rights of individuals belonging to different races, tribes, sects, and provinces.
Pakistan had noted reports of media and civil society on enforced disappearances. Pakistan’s Constitution stipulated that no one should be deprived of liberty, unless in accordance with law. If anyone was unlawfully held hostage, this would be in breach of their Constitutional rights. The National Commission of Human Rights investigated human rights violations, including enforced disappearances. The Right to Information Act 2017 provided the public with the right to access information held by public authorities, enabling civil society and families to seek information on enforced disappearances cases. The National Commission on Enforced Disappearances had already addressed a large number of cases of enforced disappearances, and remained engaged in other cases. The number of missing persons had reduced significantly since the establishment of the Commission.
The National Commission on Enforced Disappearance was established to investigate cases and provide recommendations, establishing oversight. A total of 10,524 cases of enforced disappearances had been reported, with 8,077 cases being resolved, equating to around 77 per cent. An initiative sought to provide families with support to help find their loved ones. In various instances, individuals reported missing had been found to be involved in terror-related incidents. In several cases, investigations revealed that people also went missing for other reasons, including legal proceedings abroad. Despite this, Pakistan remained committed to addressing enforced disappearances and ensuring accountability.
The Government had taken several steps to address the issues of overcrowding in detention facilities. A process had been initiated for the construction of a modern prison facility in Islamabad which would hold over 4,000 prisoners; this was expected to be finished in the coming months. Special attention was being paid to women’s hygiene, with essential hygiene products provided in women’s facilities. Health checkups were carried out by female officers to monitor the wellbeing of female inmates. The Government ensured all prisoners, including those accused of blasphemy, were treated in line with international standards. Solitary confinement was limited and subject to strict oversight.
Pakistan enacted the Custodial Death Act and the Custodial Rape Act 2022, which further widened the definition of torture. Allegations of police torture were prominently highlighted and thoroughly investigated. Officers found guilty of such actions faced appropriate punishments, including dismissal, depending on the severity of the offence. The Federal Investigation Agency had established internal accountability measures for monitoring torture. The agency had prosecuted 28 officials, as a result of complaints received. In 2021 alone, 604 police officials were punished as a result of torture, or similar behaviours.
Pakistan took allegations of gender-based violence very seriously. The State had introduced key laws since the last review in 2017, including the Anti-Rape Investigation and Trial Act. Shelters offered medical care and legal guidance to women survivors of violence. The first female Chief of Justice had just been elected. Gender-sensitive inspection teams focused on ensuring equal pay and preventing discrimination in the workplace. Pakistan was committed to ensuring gender equality and protecting women from violence.
The National Commission for Human Rights had sufficient powers and functions to carry out its mandate. The Commission could receive complaints and carry out proceedings in the civil court. It could summon anybody and any documents and make sure a proper enquiry was held. The budget of the Commission had been increased by 200 per cent since 2021. The Chairperson was completely competent to make all expenditures, and was elected in a transparent manner.
Consistent with Pakistan’s Constitution and the Covenant, the Government had taken a considered approach to the death penalty. The moratorium on the death penalty had been lifted following the tragic attack on the Peshawar school, where 150 people lost their lives. There was an elaborate scheme of appeals when it came to cases of capital punishment, which were only tried by district session courts. There were 3,219 people on death row, with only 12 connected to narcotics crimes. Pakistan respected the right to a fair trial.
Despite contributing only 0.9 per cent of the global greenhouse emissions, Pakistan was one of the country’s most vulnerable to climate change. A Climate Change Authority and Council had been established under the Climate Change Act. The National Climate Change Policy had been approved. Mitigation and adaptation issues included a commitment to reducing greenhouse emissions by 50 per cent by 2030. The Government had also committed to generating 60 per cent of energy from renewable sources. Pakistan had four environmental tribunals across different cities; 1,091 complaints had been filed, with 512 relating to air pollution, and 63 per cent of complaints had been resolved.
Questions by Committee Experts
A Committee Expert said enforced disappearance was defined as a unique and integrated act of omission, which represented a grave threat to life and deprivation of liberty. The Commission was insufficient; what were the legal measures handed down in cases of enforced disappearances?
Another Expert said questions on anti-terrorism measures had not been answered. Protections for women in prison and their children accompanying them were not answered. What steps was Pakistan taking to mandate independent human rights defenders to conduct unannounced visits to prisons? Would the families of victims of custodial deaths receive compensation?
An Expert said many answers for questions had not been provided. Could the State party also provide details on the most recent update to the guidelines to post-abortion care? How were these guidelines being disseminated to the public?
Another Committee Expert asked about the latest proposed amendments to the Constitution; had there been a wide and effective public consultation preceding these? Why was there such an internal strong reaction to these? It took a long time to change cultural mindsets. What steps was the Federal Government taking, and what steps were being undertaken at the province level to overcome these problems? What awareness raising campaigns were implemented for redressing the status of women, particularly in rural areas? It was pleasing that the first female judge had been appointed.
An Expert said questions on the death penalty, blasphemy, minors and the death penalty had not been answered. Could the delegation clarify if there were 12 people on death row due to drug-related crimes? The Committee needed to better understand how legislation was implemented, and the link with international law.
Responses by the Delegation
The delegation said no person should be subjected to any custodial disappearance. The National Commission on Enforced Disappearances was fully empowered, headed by a Judge of the Supreme Court, where citizens could make complaints. These complaints were probed in open hearings and there were serious consequences for such acts. Half of the cases of enforced disappearances ended up being people who had fled the country or left with their families.
A data management system was being developed to monitor staff training and performance. The State aimed to create supportive positions for women in detention.
Political parties were engaged in active dialogue regarding the twenty-sixth amendment to the Constitution. Efforts were underway to gain the broadest possible support regarding the amendment. The campaign for a parallel judicial system ran counter to the Constitution and the recommendations of the Committee and was not supported by the Government.
Legislation on sexual reproductive health care provided comprehensive frameworks for safe access to contraception and reproductive health care across the provinces. The Government had authorised the training of midwives and nurses on abortion techniques. The legal framework permitted the termination of pregnancy when the organs of the foetus had not formed and when there were threats to the mother’s life. The percentage of attended births had increased to over 60 per cent. The Committee needed to focus on the progress that Pakistan had made in this regard and look at the issue from a longitudinal perspective.
Progress had also been made in terms of women’s education and representation. In the past, around five per cent of recruits to the foreign service were female; today, some batches had more than 50 per cent female representation.
The Government had filed an appeal against the Supreme Court’s ruling regarding a law on transgender persons’ rights. The Government was committed to upholding transgender persons’ rights and the rule of law.
The National Accountability Bureau was the focal point regarding the State’s efforts to fight corruption. The State party had made progress in examining suspicious transactions, improving financial transparency and protecting whistle-blowers. Special courts had been established to address corruption cases, and data analytics were being used to detect instances of corruption. Identities of persons who reported corruption through a dedicated reporting channel were kept confidential. The Bureau and other bodies had processed several hundreds of thousands of complaints of corruption.
Pakistan had taken several steps to address complaints regarding terrorism laws. For acts to be defined as terrorism, they needed to advance ideological or political causes. Legislation reduced arbitrary judgement regarding what qualified as terrorism. Confessions obtained by public officials could not be obtained through torture; such confessions were inadmissible in courts. The juvenile court heard the cases of juveniles accused of terrorism. The use of force by officials needed to be proportionate. High Courts had appellate jurisdiction regarding judgments on terrorism cases. Pakistan had championed the promotion of human rights while countering terrorism.
Capacity building for law enforcement and other Government officials was a priority for the Government. More than 3,000 officials had been trained in trafficking prevention. Gender sensitive training, rights-based training, and training on processing complaints had also been provided to various officials. No death sentences had been issued for drug smuggling cases; two death sentences had been commuted during the reporting period and none had been carried out.
Questions by Committee Experts
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, commended the State party’s efforts to address the issue of servitude, but noted that more people had been forced to work in servitude over the reporting period, particularly children. What measures were in place to tackle forced labour and sexual exploitation of children? Did the labour inspectorate have appropriate resources to detect forced labour across the State?
Unnecessary barriers were reportedly being imposed on the finances of non-governmental organizations to interfere with their work. Could the delegation comment on reports of harassment of national and international non-governmental organizations? What was being done to remove onerous rules on non-governmental organizations’ activities? What measures were in place to remove the prohibition on student unions?
What progress had been made in making the minimum age of marriage 18 years in all provinces? The number of girls belonging to religious minorities who had been abducted and forced to convert and marry their abductors was alarming. Sometimes these cases did not reach courts, and sometimes courts sent girls back to their abductors. What steps had been taken to prevent abduction, forced conversion, and forced marriage of girls? Could the delegation provide information on convictions, reparations provided to victims, and efforts to improve shelters? How would the State party ensure that the law on child rape was properly implemented?
Only 42 per cent of children under five had been registered. What measures were in place to support birth registration, particularly for marginalised groups? Child offenders often ended up in prisons and there was an absence of rehabilitation programmes and centres. What was being done to address this?
Another Committee Expert said authorities were restricting freedom of movement to supress dissent. Human rights defenders had reportedly faced unjustified travel restrictions. What safeguards were in place to prevent the misuse of exit control lists against human rights defenders? How many review petitions had been filed regarding exit controls? Were court orders to remove individuals from exit control lists respected? What steps had been taken to ensure that all citizens were able to exercise their right to freedom of movement?
In the State party, defamation remained a criminal offence. One law on defamation allowed for fines to be issued without evidence of actual damage. Would the State party remove imprisonment as a punishment for defamation? There were reports of the Government suspending the licences of television channels. Regulations on misinformation could also reportedly be used as a form of censorship. How did the State party ensure that laws were not used to unfairly target journalists? What appeals processes were there for journalists? What steps had been taken to establish a commission to protect the rights of journalists? Threats, disappearances, and killings of journalists were widespread, fuelling a climate of self-censorship.
There was near total impunity for violations against journalists. What prosecutions had been issued for crimes against journalists and what measures were in place to address impunity and guarantee remedies for victims and their families? Frequent internet blackouts and social media shutdowns also raised concerns of censorship. How did these align with the State’s obligations under the Covenant? How would the State party guarantee unfettered access to information?
One Committee Expert said Pakistan had seen a sharp increase in refugees in recent years, particularly from Afghanistan. The State party had made some positive efforts for these refugees, such as extending the validity of their proof of registration cards. However, the repatriation plan announced last year raised concerns about violations of the rights of refugees. The families of persons who had been deported to Afghanistan were often not informed of the deportation. What measures would the State party take to address these issues and ensure individual asylum processing? Were there steps being taken to ratify the 1951 Refugee Convention and the 1954 and 1961 statelessness conventions and to develop a comprehensive law on refugees? What measures were in place to address violence against refugee and asylum-seeking women?
The Prevention of Electronic Crimes Act made online defamation of authorities a criminal offence and allowed law enforcement to collect personal data without a warrant. The intelligence service had been granted powers to conduct surveillance for the purpose of public security and there were multiple reports of unlawful surveillance. Youth had been charged with blasphemy for their social media activities. What measures were in place to prevent the abuse of power under the Act? The data of up to four million social media users was collected in July this year. What was the legal basis of this activity? What measures were in place to prohibit arbitrary surveillance?
The Peaceful Assembly and Public Order Act had been criticised for criminalising peaceful protests, while other laws permitted preventative detention and the arrest of peaceful protesters. What legal safeguards were in place to ensure that these laws were not used to curb gatherings that were critical of the Government? Was there a process for permitting gatherings? There were multiple reports of mass arrests and detention of protesters, including at May 2023 protests. How did the ban of the Pashtun Tahafuz Movement conform with public assembly guarantees? How would the State party ensure that disproportionate force was not used against protesters, investigate such cases, and hold perpetrators to account? What training had been provided for judges to raise their awareness of the rights of protesters? What steps had been taken to permit visits to the State party from Special Procedures mandate holders of the Human Rights Council?
A Committee Expert asked about constitutional reform that was underway, which seemed to be conducted hastily without appropriate consultation with civil society. The amendment to article 175 would create a Constitutional Court that would deprive the Higher Court and Supreme Court of the power to assess cases concerning the Government, giving considerable power to the executive to control judiciary powers. The reform would also modify the composition of the Judiciary Commission to include members of the Senate, who did not have legal training. This would pose serious problems regarding the impartiality of judges. What measures were in place to ensure the impartiality of judges and their protection from interference? What progress had been made to extend the competence of the Higher Court to cases in rural areas?
There were credible reports on the placement of civilians in clandestine detention and the trial of civilians in military courts. The most common penalty imposed by military courts against civilians was the death penalty. What was the State party doing to ensure that civilians were tried in civilian courts?
What measures were in place to promote the participation of women and young people in public and political life? Were there any measures addressing stereotypes against women and young people? How did the electoral list system guarantee pluralism? Ahmadi Muslims had reportedly been excluded from electoral lists and there was also strong opposition in rural areas regarding women political candidates. Was the State party working to address these issues?
Another Committee Expert welcomed the adoption of a resolution by the National Assembly on ensuring the safety of religious minorities, but noted that religious minorities were subjected to attacks, killings, forced conversions, desecrations of graves, and increased levels of harassment and discrimination. What measures were in place to prevent these acts and protect religious minorities? Recent legal amendments had exacerbated the persecution of religious minorities by increasing the punishment of critical remarks against holy persons, deemed “blasphemy”, to up to life imprisonment. Could the delegation provide information on measures taken to strengthen the National Commission on Minorities and to make it an independent institution? Would the State party repeal all blasphemy laws and implement measures to prevent the misuse of these laws? Could the delegation provide statistics on prosecutions and convictions for blasphemy?
Responses by the Delegation
The delegation said the State party was committed to respecting the Covenant regarding the proposed constitutional amendments. The reason for these reforms was to differentiate between constitutional and criminal cases to speed up the processing of cases and reduce the number of persons in pretrial detention. These Constitutional amendments would not compromise the independence of the judiciary; they would rather empower it to operate more effectively. Parliament had to pass the reforms with a two-thirds majority. Proposed amendments were in the public domain and civil society was providing inputs regarding them.
Freedom of religion was protected by Pakistan’s Constitution, which also prohibited discrimination against religious minorities and called for the safeguarding of their rights through various measures. The Government was committed to protecting the rights of religious minorities and their places of worship, which at times had been attacked by extremist groups. Officials had apprehended persons who had committed terrorist acts against minorities. A strategy for religious tolerance was developed in 2022 and efforts were underway to establish a national complaints mechanism to review complaints related to discrimination of religious minorities. Thousands of special forces had been deployed, security cameras had been installed around religious sites, and various security measures had been implemented to increase the security of Hazara and other religious communities.
A total review of the national curriculum had recently been conducted to remove all forms of hate speech against religious minorities and racist stereotypes, and to introduce religious education, which addressed a wide variety of faiths, and human rights education. Children of religious minorities could not be forced to study a religion other than their own. Educators were being trained on the new curriculum.
A serious effort had been made to prevent the misuse of blasphemy laws. There were evidentiary requirements for all decisions on blasphemy crimes. The Government was committed to protecting freedom of expression and had implemented several measures to protect the rights of journalists. Restrictions on freedom of expression were in line with the principles of necessity and proportionality. Committees had been established to investigate violence against journalists and activists. No media licenses had been suspended for coverage of the 9 May protests or terrorist attacks. Restrictions were used to prevent the spread of hate speech that could threaten social harmony. All court cases related to freedom of expression went through proper judicial scrutiny.
The constitutional and legal framework guaranteed the right to peaceful public gatherings. Such gatherings took place regularly. The Government had not issued a blanket ban on public assemblies. There had been riots in which public and private property had been destroyed and violent attacks had been committed. The Government reserved the right to restrict such violent assemblies for the purposes of maintaining public order.
In Pakistan, there were nine juvenile courts working, with 645 juveniles currently facing trial in these courts. No juveniles were on death row. Pakistan had made excellent progress in harmonising laws on child marriages. Legislation had been amended to raise the age of marriage for both girls and boys to 18 in certain provinces. The Ministry of Human Rights had requested provinces that had not yet raised the age of marriage to 18 to do so.
The Penal Code prohibited all forced marriages and provided a punishment of seven years imprisonment for facilitating forced marriages. Kidnapping a woman for the purposes of forced marriage was also prohibited. Incidents of kidnapping and forced marriage were being assessed by courts. The Government planned to set up a commission that was authorised to assess complaints regarding forced religious conversions.
It was not common for civilians to be tried in military courts. Charges that led to the prosecution of civilians in military courts included provoking military personnel and damaging military property. These offences were witnessed in the context of the 9 May 2023 incident. Military courts provided the presumption of innocence, placed the burden of proof on the prosecution, and provided the accused with the rights to legal counsel and to appeal decisions. Persons could not be tried in absentia.
The exit control list was governed by State legislation. The Government could only place persons accused of serious crimes such as terrorism and corruption on the list. Individuals were provided with formal notice of restrictions. There were currently around 4,700 persons on the list, while the names of more than 10,000 persons had been deleted from the list since 2010. Any person placed on the list had the right to a review of the decision. The necessity of retaining individuals on the list needed to be regularly assessed. Persons’ names needed to be automatically removed from the list after 20 days unless it was decided that the restrictions were still necessary. The Government was committed to ensuring that restrictions on the freedom of movement were carried out in accordance with the State’s international obligations. The right to freedom of movement was subject to reasonable restrictions in the interest of public safety.
The Government had undertaken measures to review legislation on electronic crimes to bring it in line with Covenant. Legislation on data collection included guidelines to protect citizens’ data privacy and promoted inclusivity and transparency. Fair criticism of the Government online was not criminalised. Courts could order the collection of data in the interest of public safety. Public officials who breached privacy laws were liable to criminal punishment. Over 1,800 complaints regarding online hate speech had been investigated by the Government.
Around 33 per cent of seats were reserved for women in local governments, and seats were reserved for women at all levels of Government. Elections in which women candidates made up less than 10 per cent of total candidates were nullified. Provinces were required to establish polling stations for women and report on the number of women voters.
Slavery and servitude disproportionately affected marginalised communities. The Constitution and various domestic legislation prohibited slavery, forced labour and child labour. Pakistan was also a member of the International Labour Organization Convention on the worst forms of child labour. Over the reporting period, Pakistan had introduced various national and provincial laws prohibiting child labour and increasing penalties for employing child labourers. The Prevention of Trafficking Act established an anti-child trafficking unit and a hotline for reporting child labour. Many hundreds of child labour inspections had been conducted, resulting in several prosecutions. The Government was working to improve labour conditions in high-risk sectors.
Pakistan had hosted millions of Afghans over four decades. The last major wave of migration to Pakistan occurred in 2021. The Office of the United Nations High Commissioner for Refugees conducted refugee status assessments of asylum seekers, and the State party generally accepted these assessments. The Government had issued proof of registration cards to more than one million Afghans. Refugees were provided with complete access to public and private health centres and educational institutions. There were also efforts to digitise identification cards for refugees. The repatriation of asylum seekers was voluntary and dignified. The Illegal Foreigner Repatriation Act focused on foreigners living illegally in Pakistan, not refugees. Many Afghan refugees had built their lives in Pakistan. Pakistan ensured that it upheld its international obligations regarding the rights of refugees and asylum seekers.
Follow-Up Questions by Committee Experts
A Committee Expert asked how the State party would address gaps in the personal data protection bill regarding its definitions of national security and public interests. How many appeals had been filed regarding abuse of fair trial rights in anti-terrorism cases? Could the delegation comment on a report that a person accused of drug smuggling had been sentenced to death this year?
Another Committee Expert noted increased hate speech and discrimination against religious and ethnic minorities. In Augst 2023, 23 Christian houses of worship were pillaged. What measures were in place to effectively deal with hate speech and effectively investigate such incidents? Did the State party plan to remove the possibility of issuing the death penalty for the crime of blasphemy?
A Committee Expert asked about measures to ensure that the national firewall system and virtual private network restrictions would not be used to censor free speech.
Another Committee Expert cited reports of prisoners being held in pretrial detention for long periods before being charged with terrorism offences, and reports of torture of prisoners. What measures were in place to investigate these alleged violations.
One Committee Expert asked for data on convictions and sanctions imposed regarding cases of corruption. There were four Prosecutor Generals in Pakistan. How did these officials cooperate? How were prosecutors appointed and did they enjoy security of tenure? Were they protected from undue interference from the Government.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, asked for information on sentences issued for offences against children. Could statistics be provided on cases of sexual trafficking of children before the courts?
Responses by the Delegation
The delegation said Pakistan had faced a severe energy crisis recently. In 2019, the Government introduced a renewable energy policy that promoted growth in renewable energy production at a sustainable cost.
There were 527 first information reports lodged on blasphemy cases over the reporting period and 25 convictions were issued.
Pakistan faced serious challenges related to terrorism. The rate of prosecutions and convictions for terrorism cases was low in Pakistan. The State also faced stiff challenges in controlling the threat of drug trafficking. It was trying to balance security concerns and fair trial guarantees regarding these threats. If these activities were not curbed, they would impinge on the rights of the populace.
In the last seven years, 70 laws had been created related to civil and political rights, demonstrating the State’s focus on these rights. The State party had made progress in implementing the Committee’s previous recommendations and would work to implement its upcoming recommendations. The legislature was focused on improving standards to influence change in society. Implementing the various legislative acts was a huge challenge with the State’s limited resources.
Closing Remarks
MALIK MUHAMMAD AHMAD KHAN, Speaker of the Punjab Assembly and head of the delegation of Pakistan, said protecting and promoting all human rights remained a work in progress in Pakistan. The State party was grateful for the Committee’s advice in furthering this common cause. Pakistan continued to make every effort to achieve its foundational ideals, promoting social harmony while responding to grave threats. The State had limited resources, was severely affected by climate change, and faced the continuing threat of foreign-funded terrorism. It would continue to exert efforts to address these challenges. Guaranteeing and implementing human rights obligations was much more complex than developing laws. Significant resources needed to be mobilised in defence of human rights. The Committee’s advice would help the State party to keep moving forward.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said the dialogue had addressed human rights matters, gender equality, violence against women, reproductive rights, anti-terrorism measures, separation of the powers, prevention of torture, slavery, the death penalty, the rights of children, freedom of movement and expression, the right to peaceful assembly, and the inclusion of asylum seekers and refugees, among other topics. The Committee’s concluding observations would seek to strengthen the implementation of the Covenant in Pakistan.
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CCPR24.022E
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