Tag: (HRCP)

Lahore, April 10, 2023 (PPI-OT):Marking 50 years to the day since the Constitution of 1973 was passed by the National Assembly, the Human Rights Commission of Pakistan (HRCP) notes that, in a history interspersed with periods of autocratic military rule and attempts to grossly undermine representative governments, this was the first time that a constitution was drafted and passed unanimously by a democratically elected assembly. While it is not a perfect document, the 1973 Constitution has played a pivotal role in shaping the country’s democratic system and federal character, and in upholding the fundamental rights of its citizens.

The moral worth of a country’s constitution lies in its ability to put in place a structure of government that defines limits to the exercise of authority by institutions of the state, and to lay down the rights, obligations and attendant principles that must be drawn upon when interpreting the law. In this sense, the 1973 Constitution was significant in recognising and guaranteeing certain basic rights to all citizens, regardless of their religion, race or gender. It enshrined fundamental rights such as freedom of speech, religion, assembly and association, freedom from slavery, as well as the right to a fair trial, due process and equality before the law. It also established an independent judiciary to protect these rights and ensure they were enforced. It sought to protect the rights of women, religious minorities and marginalised communities, and provided for affirmative action to address historical injustices.

Perhaps most significantly, the 18th Amendment to the Constitution, passed in 2010, is a testament to the resilience and evolution of Pakistan’s democratic system. It devolved greater powers to the provinces, transferred key powers from the president to the prime minister and the Parliament, and ensured greater financial autonomy for the provinces. In a time, fraught with political discord, HRCP calls on all political stakeholders and citizens to rally behind the shared values of the 1973 Constitution. At the same time, HRCP believes that the spirit of the Constitution provides the necessary room to review and improve the state’s ability to secure all people’s rights without any grounds for discrimination.

For more information, contact:
Chairperson,
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Lahore, April 06, 2023 (PPI-OT): On concluding an extraordinary meeting to deliberate on the current political crisis and constitutional impasse, the Human Rights Commission of Pakistan (HRCP)’s governing council has resolved that it is of utmost importance to uphold and strengthen the democratic process.

HRCP is deeply concerned that this crisis has resulted in polarization across the political spectrum. This state of affairs was, regretfully, triggered by events that were designed to stall the democratic process and undermine the efficacy and legitimacy of Parliament. One political party first abandoned the National Assembly and then dissolved two provincial assemblies. Others in government blocked the subsequent reversal of this move by thwarting the opposition’s attempt to return to the National Assembly.

Despite its considered view that the dissolution of the Punjab and KP assemblies was politically expedient, HRCP is concerned that these assembly elections have been postponed till October by the Election Commission of Pakistan. We are also aware of legitimate apprehensions that such decisions could become a precedent to be used to derail the democratic process in the future. Accordingly, there must be consensus among all political parties and stakeholders on the rationale for such a delay. They should also recognise that this is an unwelcome precedent and must not recur. The election process must also remain free, fair, credible and transparent, and the results acceptable to all political stakeholders.

HRCP notes with dismay the judicial overreach in conflict with the constitutional principle of the trichotomy of powers. There is a need to dispel the impression that, in interpreting the Constitution, the Supreme Court enhances its own powers at the expense of other democratic institutions. The judiciary must safeguard its independence, integrity and credibility. It must resist any urge to interfere in the domain of other constitutional bodies and instead help strengthen all such institutions by giving them the room to resolve issues that fall within their constitutional remit. We also firmly believe that there is no room for threats of any undemocratic interventions.

HRCP strongly condemns violent and unlawful behaviour by political elements aimed at creating disorder to further their political agendas. At the same time, HRCP denounces the strong-arm tactics and disproportionate use of force by the state as a means of political repression. We are deeply concerned to observe that this has involved resorting to the use of colonial laws of sedition, unwarranted charges of terrorism against political opponents, enforced disappearances, and attempts to gag freedom of expression through ill-conceived proposals and actions through PEMRA.

Ultimately, the crux of the ongoing crisis is political and not legal. There is no other option for the political opposition and the government but to hold serious and meaningful dialogue in Parliament to resolve this in the larger interests of Pakistan’s people.

For more information, contact:
Chairperson,
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Lahore, March 18, 2023 (PPI-OT): On concluding a high-profile fact-finding mission to Khyber Pakhtunkhwa (KP), the Human Rights Commission of Pakistan (HRCP) has observed widespread frustration among residents of the newly merged districts, who continue to wait for the state to fulfil its pledge to integrate these areas with the rest of the province by securing its people’s civil, political, social and economic rights under the Constitution. The mission comprised HRCP chairperson Hina Jilani, vice-chair HRCP KP Akbar Khan, and HRCP members Jamila Gillani and Professor Ijaz Khan. The team spoke to a range of civil society members, journalists, lawyers, and district administration officials in Bannu, Peshawar, Khyber and Swat.

The mission is concerned over undue delays in the transfer of power to the civil administration and elected representatives in western KP, following the 25th constitutional amendment in 2018. The much vaunted merger was intended to make basic facilities and fundamental rights available to this region, including protection of life and property, education and healthcare, water and electricity, and access to justice, including through courts in the vicinity. While some progress has been made, it has simply been too slow.

Of particular concern to the mission is the resurgence of militancy in KP, compounded by reports of extrajudicial killings and enforced disappearances. The continued presence and control of security forces in the newly merged districts appear to have undermined the authority of the local government and civil administration. It is also a bone of contention for local residents who question how peace will be maintained if the region remains hyper-securitized. In this context, HRCP was alarmed by reports of continued restrictions on freedom of movement and speech, including widespread self-censorship.

HRCP welcomes the recent local government elections, but observes that the effectiveness of this system has been compromised by lack of funds released to elected representatives, many of whom have complained they lack even a workspace. Indeed, HRCP is alarmed by allegations from multiple sources that the funds that should have been transferred to the local authorities for the merger and subsequent development schemes have either been siphoned off as a result of corruption or diverted to other regions.

Nonetheless, the mission was particularly moved by the spirit of resistance that local residents in Swat have continued to display in the shape of ulasi pasoon [the people’s uprising], making it clear they are not willing to tolerate militancy any longer. The process of restoring law and order in the newly merged districts, albeit slow, is visible in the form of robust policies for police reforms and capacity building. Above all, HRCP was pleased to observe a robust political mobilisation among the youth of the newly merged districts, who have no qualms in exercising their constitutional right to freedom of expression and peaceful assembly by making legitimate demands of the state.

For more information, contact:
Chairperson,
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Lahore, February 28, 2023 (PPI-OT):On concluding a two-day rights camp in Cholistan, the Human Rights Commission of Pakistan (HRCP) has called on the government to take immediate steps to ensure that Cholistan’s people are no longer deprived of the rights to which they are entitled as equal citizens of Pakistan.

Based on the testimonies that HRCP has documented, foremost among people’s demands is that land in this area be allotted only to native Cholistan’s in accordance with the law. HRCP continues to receive reports that large tracts of land are being allotted to non-locals and that land allotment to locals is being arbitrarily delayed by the Cholistan Development Authority.

People have also demanded that Cholistan be made a separate district, consolidating those parts that currently fall within Bahawalpur, Bahawalnagar and Rahimyar Khan into a contiguous district. This would give the Cholistani people the opportunity to elect their own national and provincial assembly members, thereby better representing their needs and interests. It would also give them their own domicile and corresponding quotas in employment and education.

Of particular concern to HRCP are Cholistan’s women, religious minorities and gender minorities. HRCP fully supports their demand for better access to healthcare, education and livelihood opportunities without any discrimination based on gender, gender identity or faith.

Access to water and grazing land remains integral to Cholistan’s survival, given that it’s semi-nomadic population depends almost solely on agriculture and livestock. Given the growing likelihood of extreme weather events, such as droughts, in the future, the government must ensure that the area’s population has access to adequate water for the consumption of humans and livestock.

HRCP also demands that the indigenous identity of Cholistan’s native population be recognized and protected. The national census should recognize Marwari speakers as a distinct linguistic group, while the Punjab government must develop a strategy in consultation with Cholistan’s people to ensure that their rich built heritage, artisanship and biodiversity is preserved.

HRCP recommends that the Punjab Assembly hold a special session on the problems faced by the people of Cholistan and promulgate appropriate laws to redress the longstanding grievances of this population.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Lahore, February 25, 2023 (PPI-OT):A fact-finding mission led by the Human Rights Commission of Pakistan (HRCP) has demanded a high-profile inquiry into a tragic boating accident in Kohat in which 53 children and a seminary teacher drowned in Tanda Dam. The mission has found that sheer negligence, poor inter-institutional coordination, weak enforcement of boating regulations and inadequate maintenance protocols were responsible for the high number of casualties.

The children were students at a local seminary and had been taken out on the dam in a small boat, which capsized when it could no longer bear the load. This violation of their right to life and safety is cause for serious concern, especially given the lackadaisical response of the seminary head who owed a duty of care to his young charges.

While the mission’s report – released earlier today – could not establish specific culpability, it finds considerable evidence to suggest that the seminary head, the Irrigation Department and civil administration all bear responsibility for the accident. The FIR lodged failed to reflect this. No arrests were made and the investigation process leaves much to be desired.

Although boating has been banned in Tanda Dam since 2022, weak enforcement has meant that tourists continue to take boats out onto the water, including many that are not fit for purpose. Given the sheer number of casualties, HRCP calls for a joint investigation team to conclusively establish culpability and bring those responsible to account in a manner proportional to the gravity of the negligence.

The mission recommends improved coordination between all institutions overseeing the dam, with clearly defined responsibilities in each case. Emergency services must be bolstered to include trained divers able to respond adequately and in time. Appropriate action must be taken to ensure that the ban on boating is enforced and the public made fully aware of the consequences of violating it.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org

Lahore, February 19, 2023 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) announced the launch of its study titled A Clarion Call for Climate Justice: The human rights cost of the 2022 floods at the Karachi Literary Festival. The study examines the impact of the 2022 floods through the lens of climate justice – the concept that those who are most vulnerable to the climate crisis are often the most impacted by its effects.

Outlining the causes of the disaster and the effectiveness of the state’s response, the study found that the rights of vulnerable communities were severely affected, particularly their rights to life, health, food, sanitation, shelter and livelihood. The study also draws on expert analysis from a high-profile roundtable held by HRCP in December 2022, and includes case studies from different parts of Pakistan about the human rights challenges faced by flood-affected persons and relief workers.

The study recommends a national climate adaptation plan be adopted to address gaps in planning, implementation, resource rationalisation and readiness of response to climate disasters. It also recommends the state take concrete steps for preparedness such as mapping vulnerability zones, instituting early warning systems and investing in low carbon technologies.

Finally, the state must empower local governments and work with civil society networks to directly engage with affected people for more effective monitoring and on-ground delivery of services. While the state’s efforts to secure reparations from high-emitting countries are commendable, urgent steps must be taken to build Pakistan’s resilience to the climate crisis, and with haste if our most vulnerable communities are not to be left behind.

For more information, contact:
Chairperson
Human Rights Commission of Pakistan (HRCP)
Aiwan-i-Jamhoor, 107-Tipu Block,
New Garden Town, Lahore-54600
Tel: +92-42-35864994
Fax: +92-42-35883582
Email: hrcp@hrcp-web.org
Website: www.hrcp-web.org