August 9, 2024
By Xari Jalil
LAHORE
The National Commission for Human Rights in Pakistan has presented a report evaluating the country’s adherence to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). This convention is a fundamental human rights treaty to which Pakistan is a party, and defines racial discrimination as any form of distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin.
Based on this definition, it is evident that various forms of racial discrimination exist within Pakistan. This includes issues revolving around ethnic marginalization and lack of political representation, religious and sectarian discrimination, socio-economic disparities, and refugee populations.
The NCHR in its 2024 report has highlighted the steps taken by the government and state of Pakistan to try and bridge the gaps but it also specifies that the implementation of several laws and policies are yet to be seen.
For example, while individuals from religious minority communities were appointed to high level government positions, including Krishna Kumari and Mahesh Kumar Malani, and the government undertook initiatives to preserve and protect religious sites of minority communities like thee Katas Raj Temples and the Kartarpur Corridor, there have been many instances where there has been extreme violence too against the minority communities like the Jaranwala incident, various instances of lynchings on allegations of blasphemy, etc. Most importantly, these incidents have also illustrated the lack of public faith in the system of accountability and justice in the country.
As a result, discriminatory practices and social exclusion continue to be normalized in many communities, making it difficult to achieve genuine societal change.
The NCHR has published its Minority Rights’ report which outlines all activities undertaken by the Commission pursuant to each of its mandates. Between January 2022 and July 2023, the NCHR undertook 133 cases concerning the protection of minority rights. These cases included 76 complaints and 57 suo motu actions. The highest number of cases were in Punjab, and the second highest were concentrated in Sindh. NCHR has been actively involved in engaging with relavant departments and following investigations, and undertaking various actions to ensure that religious minority communities get justice.
Recommendations given by NCHR
- Develop an all-party consensus government policy on addressing religious extremism
- Re-examine blasphemy cases
- Employment and Minority Quotas
- Eliminate Bonded Labour
- Ensure transparency in hiring of minorities.
- Religious and Ethnic Violence – Ensuring speedy investigation and justice
- Madrassa Reform: NCHR also looks forward to seeing substantive movement on the government’s pledge to ensure reform in the Madrassas education system as reflected in its 20 point National Action Plan 2015, which followed a devastating attack on the Army Public School Peshawar in 2014 This may also entail nationwide consultations with religious groups so as to create emphasis on human rights and citizen’s responsibilities for a more tolerant and responsible society.
- Implementation of the Justice Jilani Judgement SMC1 of 2014. The NCHR advises the Government of Pakistan to take measures to effectively implement the decision in suo motu action SMC1 of 2014. The judgement required the Government to constitute a taskforce mandate to develop a strategy for religious tolerance, reform school curricula to promote a culture of religious and social tolerance, undertake appropriate steps to deal with hate speech online, establish an empowered National Council for Minorities, establish special police force with professional training to protect the places of worship of minorities, capacitate law enforcing agencies to promptly take effective actions when incidents against minorities occur etc. These measures continue to be needed and thus the Government must give due regard to the implementation of the directives under this Judgement.