March 28, 2024
By Xari Jalil
LAHORE
International human rights watchdog Amnesty International has given recommendations to the newly elected Government of Pakistan to prioritize and uphold human rights in the country. In this newly released report centered around the issues of human rights violations plaguing Pakistan and their solutions, Amnesty has highlighted that Pakistan has rights obligations in accordance with the rights guaranteed by the Constitution of Pakistan, 1973 and the country’s commitment to international human rights treaties, (including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Social and Cultural Rights (ICESR) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to which Pakistan is a state party).
Since before the 2024 general elections, there has been a pattern of human rights violations, and now after the formation of the government there is not even a dedicated human rights minister. Amnesty has urged that the government must ensure, that the Ministry of Human Rights is not overlooked and adequate resources are provided for it to function and carry out its work.
Freedom of expression/media freedom
Repressive laws such as the PEMRA (Pakistan Electronic Media Regulatory Authority) Ordinance 2002 and PECA (Prevention of Electronic Crimes Act) 2016 along with their accompanying rules and codes have impacted freedom of expression.
Criminal laws are used to instill censorship and stifle freedom of expression by targeting journalists, human rights defenders and people who are critical of the authorities. Further, journalists have been subjected to intimidation, harassment, violence and enforced disappearances across the country. In the lead-up to the 2024 General Election, internet platforms were shut down thrice, and “X”, formerly twitter, has been blocked for over a month since 17 February 2024. Mobile services were also shut down on the day of the election, 8 February 2024.
RECOMMENDATIONS
- Amend laws restricting the right to freedom of expression, e.g. PEMRA Ordinance and the PECA. All laws should be in line with international human rights laws and obligations. including Pakistan’s obligations under Article 19 of the International Covenant on Civil and Political Rights.
- Repeal criminal defamation laws contained in PECA and Sections 499 and 500 of the Pakistan Penal Code, 1860.
- Immediately lift the ban on social media platforms, including X, and ensure uninterrupted access to digital platforms and internet services by amending Section 37 of PECA and de-notifying the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2021.
- Withdraw all draft laws and proposed Bills aiming to restrict the right to freedom of expression, including the proposed e-Safety Bill, 2023.
Freedom of peaceful assembly
The Constitution of Pakistan guarantees the right to freedom of peaceful in its Article 16. However it is subject to restrictions through restrictive or vague laws including Section 144 CrPC, 1898, Maintenance of Public Order Ordinance (MPO) 1960 allowing for preventative detention, the Anti-Terrorism Act, 1997 and several sections of the Pakistan Penal Code relating to sedition (section 124A) and unlawful assembly (sections 141 to 146).
Section 144 has been used quite often to impose blanket restrictions on public protests and gatherings, placing the onus on activists and political organizers to obtain administrative permission to exercise a constitutionally guaranteed right.
Arrests and detention of those protesting are a regular occurrence, even if they are peaceful. Mass arrests and detentions after 9 May 2023 resulted in months long detentions for at least over a thousand protestors and 103 civilians, who are currently being tried under military courts. Use of force through batons, water cannons, teargas, and, on occasion, rubber bullets and fire ammunition has been occurring frequently.
RECOMMENDATIONS
• Unconditionally release all peaceful protestors under detention and ensure those
under trial are given access to a fair trial as per international human rights
standards.
• End excessive use of force against assemblies and protests through the adoption
and implementation of international human rights standards, such as UN Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, for law
enforcement agencies when dealing with protestors.
• Amend laws criminalizing the right to freedom of peaceful assembly in line with
international human rights standards. Repeal laws allowing blanket bans on
assemblies, such as section 144 of the Code of Criminal Procedure, and other laws
imposing authorization regimes requiring permits for assemblies and protests.
Refugees & asylum seekers
Amnesty noted that the caretaker government’s decision gave rise to an increase in harassment, discrimination, and evictions. Afghan refugees have also been arbitrarily detained through the use of laws such as the Foreigners Act, 1946. Refugees inside Pakistan face substantial in accessing registration centers operated by UNHCR and Society for Human Rights and Prisoners’ Aid (SHARP) to obtain documents. The decision to deport refugees has impacted women and children the most, especially girls, as well as journalists, human rights defenders, women protestors, religious minorities, artists, and former government officials who had fled the Taliban. Whoever is left of these vulnerable groups is living in anxiety of being deported or at imminent risk upon deportation.
Even before the introduction of the Illegal Foreigners Repatriation Plan in September 2023, Afghan refugees in Pakistan faced a difficult situation due to the country’s lack of a national law protecting refugees. The plan, spearheaded by the Ministry of Interior, includes the deportation of Afghans with Afghan Citizen Cards (ACCs) and Proof of Registration (PoRs) in later stages. The continuation of this plan by the new government is highly concerning.
Adding to the challenges, Pakistan is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
RECOMMENDATIONS
• Immediately stop the crackdown against, and harassment of, Afghan refugees and
reverse the decision to forcibly deport refugees (in line with international
legal obligations including the principle of non-refoulement.)
• Create well-resourced and accessible pathways for the registration of refugees,
taking proactive measures to facilitate refugees at risk and those facing barriers due to gender, disability, language, among others.
• Fulfil Pakistan’s international human rights obligations including under the International Covenant on Civil and Political Rights, 1966 (ICCPR) and the Convention Against Torture, 1984 (CAT) by respecting the absolute prohibition to return anyone, including Afghan refugees, to a country where they would be at real risk of being subjected to torture or other serious human rights violations.
• Ratify the 1951 Refugees Convention and its 1967 Protocol.
• Develop a comprehensive national legal framework to regulate access to refugee status and rights in line with international refugee law and amend the Foreigners Act to prevent penalization of refugees entering Pakistan.
• Provide protection to all at-risk refugees in compliance with Pakistan obligations under the principle of non-refoulement, and consider all Afghan women and girls fleeing Afghanistan as prima facie refugees under the 1951 Refugee Convention and 1967 Protocol, due to the persecution they risk because of their sex and gender.
Women and gender-diverse groups
Women, girls, transgender and other gender-diverse people face substantial issues of systemic discrimination, gender-based violence, harassment, and barriers to political participation in Pakistan. There remains a substantial voter gender gap of 9.94 million in the country. So-called ‘honour killings’ remain rampant and emerging forms of violence such as technology-facilitated gender-based violence have created additional challenges. While gender-based violence is prevalent, laws directed at tackling this violence are faced with an ineffective judicial system where conviction rates for gender-based crimes remain between 1 to 2.5%.
Shelter homes, women protection centers and gender-based violence courts envisioned under existing laws are not adequately implemented due to cuts in funding and de-prioritization.
Women and minor girls from religious minority communities face high rates of forced conversions mostly accompanied by (forced) early-age marriages.
There has been a significant rollback on the rights of transgender people after a 2023 verdict by the Federal Shariat Court on the Transgender Persons (Protection of Rights) Act 2018 denied transgender and gender-diverse people the right to self-identify their gender.
Laws required to protect women and gender-diverse people regularly face opposition from
lawmakers and religious groups. Legislative proposals to raise the age of
marriage for girls from 16 to 18 years have faced opposition in Parliament. In 2021, the
Prohibition of Forced Conversion Act, 2021 was rejected by the Parliamentary Committee
to Protect Minorities from Forced Conversions. Women-led protests face significant barriers
and backlash, seen particularly in the opposition to the annual Aurat Marches across the
country on International Women’s Day.
RECOMMENDATIONS
• Immediate passage of the Domestic Violence (Prevention and Protection) Bill and
effective implementation of domestic violence laws in the provinces.
• Ensure effective implementation of laws aimed at tackling gender-based violence, harassment and technology-facilitated gender-based violence through gender sensitive and survivor-centric reforms in the judicial system, ensuring that perpetrators of gender-based violence are held accountable through fair trials without recourse to the death penalty.
• Restore provisions of the Transgender Persons (Protection of Rights) Act 2018 granting rights to transgender persons and reject all proposed amendments to the Transgender Act that violate international human rights laws and standards, particularly the right to privacy, bodily autonomy and non-discrimination.
• Pass effective legislation regarding forced conversion and early-age marriages in line with Pakistan’s international law commitments.
Rights of religious minorities
Religious minorities, mainly consisting of Christians, Hindus, Shias and Ahmadis, face religion-based discrimination and persecution in Pakistan. The weaponization of the blasphemy laws, carrying the death penalty, remains a major issue regularly leading to violence as seen in Jaranwala on 16 August 2023, resulting in attacks on at least 24 church buildings and 80 Christian houses. The Ahmadiyya community faces similar violence under the pretext of blasphemy and other discriminatory laws. The Shia community is also targeted through target killings, attacks on imambargahs, and sectarian violence as was seen in Parachinar, Kurrum in 2023. Shia Muslims of Hazara ethnicity are particularly targeted.
Religious (and sectarian) minorities in Pakistan face the intersection of religious and caste-based discrimination, often relegated to stigmatized professions and discriminated against in social, political and economic matters. The National Commission for Human Rights finds that 80% of all religious minority government employees are employed in low pay work, particularly sanitation work, rather than higher grades of employment which include managerial and clerical work.
RECOMMENDATIONS
• Amnesty has urged to repeal the blasphemy laws, particularly sections 295 to 298 of the Pakistan Penal Code, 1860. Pending repeal, establish a moratorium on all executions and commute death sentences under the law.
• Ensure that perpetrators of violence against minorities are held accountable through effective, independent and impartial fair trials without recourse to the death penalty.
• Repeal discriminatory, anti-Ahmadi laws such sections 298B and 298C of the Pakistan Penal Code and section 48-A of the Election Act, 2017.
• Enact laws recognizing caste-based discrimination, and create mechanisms to allow victims of economic and social caste discrimination perpetrated by public and private actors to report it and seek redress.
Trial of civilians in military courts
The use of military courts for civilian trials became institutionalized in Pakistan through the 21st and 23rd Constitutional Amendments, passed in 2015 and 2017 respectively. These included temporary provisions, expiring after two years on March 30th, 2019, but the military courts have continued to operate beyond this date.
A case in point is the trial of Idris Khattak. Despite his disappearance in November 2019, he was tried in a secret military court under the Official Secrets Act and sentenced to 14 years in prison. This practice has been widely criticized as a violation of international human rights law.
- Secrecy and Lack of Fairness: Military court trials lack transparency, as media, families, and independent observers are excluded. Additionally, the conviction rate for civilians in these courts between 2015 and 2019 was reportedly a high 99.2%, with a significant number receiving death sentences. These trials raise concerns about limited access to legal counsel and the right to appeal.
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Recent Developments: In October 2023, the Supreme Court upheld the right to a fair trial by declaring military trials of civilians unconstitutional. However, this decision was challenged through an internal appeal, and in December 2023, a larger court bench temporarily suspended the ruling, allowing these trials to continue until a final judgment is reached.
RECOMMENDATIONS
• Immediately suspend all military trials of civilians, present all civilians currently under trial by military courts in front of relevant criminal courts and all those under trial be given access to fair trial rights guaranteed under international human rights law.
• Commute sentences of all those serving convictions passed by military courts and, if deemed necessary by independent criminal prosecutors, present them in front of relevant criminal courts for an immediate and open trial that meets fair trial standards as per international human rights law and Pakistan’s obligations under the International Covenant on Civil and Political Rights.
• Pending suspension of military trials of civilians, take effective measures to ensure that all military trials meet international fair trial standards.
• Amend the Army Act, particularly sections 2 and 59, to ensure no trial of civilians take place by military courts.
For what Amnesty International has recommended the government regarding enforced disappearances and arbitrary detentions, read this:
Amnesty International & HRCP call out government on enforced disappearances
Climate justice
Pakistan is one of the most vulnerable countries to the climate crisis and environmental degradation, subject to frequent flooding, droughts, heatwaves, and hazardous levels of air pollution. Despite being responsible for less than 1% of global greenhouse gas emissions,
Pakistan bears the brunt of climate change. Nevertheless, the Government lacks adequate preparedness to respond to rapid and slow onset events induced by climate change and needs to develop effective systems to mitigate loss and damage.
To view the session on Climate Change and Flooding in Pakistan held at the AJCONF 2022, click on the link below.
The impacts of climate change are disproportionately experienced by marginalized groups, including lower income communities; women and gender-diverse groups, children, older people, persons with disabilities and populations located in climate-vulnerable locations such as Gilgit-Baltistan and areas of Sindh and Balochistan. Amnesty International’s report on climate-induced heatwaves in Jacobabad and Lahore found that climate conditions severely impacted people’s health, resulting in heatstroke, fatigue, breathing difficulties and fever.
Major cities in Pakistan consistently rank as one of the most air polluted cities in the world, impacting people’s rights to life, health and clean, healthy and sustainable environment.
RECOMMENDATIONS:
• Collect, update and disseminate information about climate change and its impacts, including early warning information regarding climate effects and climate-related disasters and events.
• Develop plans for climate-induced disaster relief especially for vulnerable populations.
•Protection: People need social safety nets to handle climate impacts like job loss, health problems, and displacement. Compensation: People experiencing climate-related losses should have access to financial assistance and legal recourse.
Inclusivity: All efforts to address climate damage must be fair and consider the needs of disadvantaged groups.
Death Penalty
Pakistan’s use of the death penalty raises human rights concerns. It is applied for crimes that are not considered serious under international law, such as some non-lethal offenses and also blasphemy. After a 2014 attack, Pakistan lifted a moratorium on executions and has carried out over 508 executions; 6039 people are currently on death row as of October 2023. While executions have not happened since 2019, new sentences are still imposed. Pakistan has not committed to abolishing the death penalty by ratifying a key international treaty.
RECOMMENDATIONS
• Abolish the death penalty; and pending abolition, reinstate the official moratorium on executions.
• Pending full abolition, review and amend legislation to restrict the application of the death penalty to the most serious crimes, meaning crimes of extreme gravity involving intentional killing, ensuring that death penalty is removed as a punishment for speech and drug related offences in line with international legal standards.
• Pending full abolition, repeal the application of mandatory death penalty to offences, including blasphemy-related offences.
• Pending full abolition, ensure that all persons facing the death penalty – including those from disadvantaged or marginalized socio-economic backgrounds – are provided access to competent legal assistance, from the moment of arrest or when they first face criminal charges, all the way through to appeals and other recourse procedures, and that proceedings meet international standards for a fair trial.
• Publish and publicly share country-wide data on the number of executions scheduled or carried out, death sentences imposed, people on death row, death sentences commuted, pardons and status of mercy petitions broken down by date, location, gender, age, nationality and other status, and crime.
Providing security while preserving human rights
Violence linked to security concerns has risen sharply in Pakistan over the past year, particularly in the run-up to the 2024 General Election. Political figures and their associated buildings have been targeted in shootings, grenade attacks, and even murders. This surge is especially concerning in Khyber Pakhtunkhwa and Balochistan provinces. Reports indicate a significant toll in the first two months of 2024, with 177 deaths and 253 injuries from these attacks.
Pakistan has a history of enacting broad security laws to address security threats. These laws include the Anti-Terrorism Act (1997), Protection of Pakistan Act (2014), Fair Trial Act (2013), relevant sections of the Prevention of Electronic Crime Act (2016), and various regulations regarding loudspeakers and sound systems. These laws are concerning because they grant the government broad discretion to monitor, detain, and prosecute individuals based on what’s deemed to be in the “national interest.”
RECOMMENDATIONS
• Repeal and significantly amend legislation restricting the right to freedom of expression, privacy, peaceful assembly, liberty and fair trial on the basis of national security, ‘anti-terrorism’, and public order to ensure full compliance with international human rights standards.
• Conduct effective and impartial investigations into the targeted attacks on political workers and opponents and hold suspected perpetrators to account through fair trials and without recourse to the death penalty.