HRCP – Page 2 – Newswire Pakistan

March 24, 2022March 25, 2022

Government reference on 63-A seeks to manipulate constitutional process

Lahore, March 24, 2022 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) is deeply concerned by the situation that has developed in the wake of the no-confidence motion moved by the opposition parties against the Prime Minister. It is regrettable that a process that is well within the ambit of the Constitution and clearly defined in it has been made controversial and the basis for greater political polarisation in an attempt to trigger a constitutional crisis in the country.

HRCP firmly believes in constitutionalism and the primacy of the Parliament in undertaking processes within their domain. Measures to obstruct parliamentary functions and the smooth conclusion of a constitutional process are no less than attempts to derail the democratic process and deny people the benefit of their right to representative government. Both the government and the opposition are obliged to adhere to the rule of law defined by the Constitution.

Neither taking matters to be settled in Parliament to the streets, nor seeking the intervention of other institutions to determine the fate of a process that is within the parliamentary domain can be in the public interest. It is certainly no way of showing the respect that the institution of Parliament merits in a democratic dispensation. A show of disdain for parliamentary action permitted by the Constitution itself would be a measure for assessing any chief executive’s commitment to democratic rule.

The consequence of defection of a member of the ruling party in the National Assembly is clearly spelt out in Article 63-A of the Constitution. Yet the government has sought interpretation of this constitutional clause in a reference submitted in the Supreme Court. In consonance with the position on the issue taken by most legal experts, HRCP believes that the legislature’s intention in adding Article 63-A was to provide a specific consequence of defection – the loss of that parliamentarian’s seat, not disqualification for life or indeed any other consequence that might jeopardise respect for the constitution, the supremacy of parliament and the fundamental rights of parliamentarians as elected members of the House. Any attempt to read more into the consequence of defection in the context of Article 63-A would be no less than rewriting the constitutional provision.

HRCP acknowledges and fully respects the mandate and authority of the Supreme Court to interpret constitutional provisions. It is also confident that the Court is able to discern an attempt by anyone to abuse the process of the Court and will effectively defeat any move intended to involve the Court in political controversies designed to obstruct a constitutional process.

Civil society remains indispensable to the democratic dispensation. It cannot be a silent spectator of events that could result in regressive long-term constitutional effects. HRCP is, therefore, under an obligation to draw public attention to the apprehensions foretold by the emerging crisis that threatens democracy, the rule of law and a peaceful political environment in the country, even if the success of the no-confidence move is dependent on the defection of people from the ruling party.

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

March 17, 2022March 18, 2022

HRCP calls for revision of laws constraining freedom of assembly

Lahore, March 17, 2022 (PPI-OT): The Human Rights Commission of Pakistan (HRCP) has, in partnership with the International Federation for Human Rights (FIDH), released a study titled Freedom of Peaceful Assembly in Pakistan: A Legislative Review. The study identifies the laws and procedures that are used to restrict the constitutional right to freedom of peaceful assembly, either directly or indirectly. These include provisions in the Pakistan Penal Code, the Criminal Procedure Code, the Maintenance of Public Order Ordinance, the Police Order, the Anti-Terrorism Act, the Prevention of Electronic Crimes Act and other ancillary laws.

The study maps the range of situations and provinces/areas in which these laws and procedures have been used to restrict this right between 2010 and 2020. Of the 858 assemblies that took place during this period, the study notes at least 392 instances in which curbs on the right to freedom of assembly were disproportionate and unwarranted, involving excessive use of force, arbitrary arrests or detentions, registration of criminal and terrorism charges against participants, imposition of wholesale bans, and other attempts to obstruct assemblies.

The report underscores a massive disconnect between domestic law and international human rights standards related to freedom of assembly, despite Pakistan’s binding legal obligation to bridge these gaps after ratifying the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR).

The report recommends reassessing the current legislative framework, which is still deeply rooted in colonial-era policing strategies; creating and enforcing better protocols for law enforcement agencies that involve training in human rights and crowd-management practices, with emphasis on minimal use of force; allowing unrestricted media and digital access to assemblies; and facilitating free speech and movement for all assemblies rather than imposing content-based restrictions or blockading routes.

Provided they are non-violent in action and in speech, assemblies demanding the realisation of fundamental rights and advocating change are essential for a truly democratic society. People’s constitutional right to assemble must be actively protected.

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

March 9, 2022March 10, 2022

Modern slavery: HRCP report on trafficking in women and girls

Lahore, March 09, 2022 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) has released a study titled Modern slavery: Trafficking in women and girls in Pakistan, which identifies Pakistan as a source, transit and destination country for human trafficking. Although it is difficult to determine the magnitude of the crime – given lack of reliable data – HRCP is particularly concerned by the network of trafficking that exists internally, spanning sex trafficking, forced child labour, bonded labour, forced begging and forced marriage. Economically vulnerable women and under-age girls are targeted in particular.

The study explains why it is difficult to address trafficking compared to other human rights violations from the dearth of reliable data on trafficking and constant underreporting to lack of implementation of existing anti-trafficking legislation. Moreover, the pervasive lack of awareness of the various dimensions of trafficking, and gaps in coordination among stakeholders such as the FIA and law enforcement agencies, are added challenges.

The report recommends that an effective system to collect, compile and report data on the dimensions of human trafficking be developed as a matter of priority. The capacity of law enforcement agencies to identify and report trafficking must also be strengthened immensely. Finally, the government must allocate adequate resources to implement anti-trafficking laws, encouraging better coordination among stakeholders, with targeted interventions for groups that are specifically vulnerable to trafficking.

March 8, 2022March 9, 2022

HRCP mission to South Punjab finds serious rights violations

Multan, March 08, 2022 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) has concluded a high-profile fact-finding mission to southern Punjab, comprising chairperson Hina Jilani, vice-chair Punjab Raja Ashraf, Council member Nazir Ahmed, and regional coordinator Faisal Tangwani.

The team has noted that women in the tribal areas of Dera Ghazi Khan and Rajanpur remain subject to harmful customary practices, with karo-kari and wani still entrenched in the fabric of their society – to the extent that even the Border Military Police does not provide the protection that victims are entitled to. Moreover, many women are denied the right to citizenship documents by male members of their families and, as a result, have no political voice.

Of particular concern is the situation of religious minorities in the province: the blasphemy laws are commonly used to intimidate Hindu and Christian families for purposes of land grabbing. Forced conversions remain common: in one case brought to the team’s attention, a landlord forcibly married the daughter of a Hindu tenant.

HRCP is alarmed to learn that the district vigilance committees that were set up to monitor and report the use of bonded labour remain non-functional. The restoration of the peshgi system by the Punjab government, amending the Punjab Bonded Labour System (Abolition) Act 1992, is deplorable and must be rolled back immediately. It is also of grave concern that, according to the bonded labourers HRCP spoke to, they receive a daily wage of PKR 800 while the minimum wage is PKR 1,300. Additionally, in the power loom industry, workers allege that they are compelled to work 16-hour days and have no recourse to social security or compensation in case of accidental death or injury.

A serious allegation made by residents of Cholistan is that their applications for allotment of the land they have been settled on for centuries remain pending, with reports that the military have taken over large areas of this land. In addition, the severe scarcity of water and lack of schools for residents needs to be addressed.

The team has also noted that lady health workers have continued to struggle without adequate security during their work, often putting their lives at risk in the line of duty and with negligible benefits to compensate them.

HRCP is also greatly concerned to find that cultivable land in Multan is being allocated to defence housing associations, with reports of local residents being harassed if they refuse to sell. HRCP urges the Punjab government to take serious note of human rights violations in southern Punjab and take concrete and transparent steps to improve the situation.

March 7, 2022March 8, 2022

HRCP releases I A Rehman Research Grant Report on media censorship

Lahore, March 07, 2022 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) is proud to release its report, Truth Comes at a Price: Censorship and the battle for an independent media. Produced as part of the prestigious I. A. Rehman Research Grant Series, the report was authored by senior journalist Razeshta Sethna and documents the stifling media environment in Pakistan following the 2018 elections, which the author contends has compelled journalists and editors to work at even greater personal risk than before.

Relying on evidence from respondents associated with the print, electronic and digital media, the report documents the frequency and types of attacks on journalists and asks whether such attacks have changed face as journalists increasingly use online platforms to hold power to account.

Sethna finds that the incumbent government has served the interests of the state more than any previous government when it comes to muzzling critical news coverage. She argues that press censorship, regulatory media control mechanisms and intimidatory tactics have worsened as the government and security apparatus subvert freedom of expression and access to public information.

The report demonstrates how the media remains hostage to repressive tactics and documents how women journalists in particular have experienced increased threats and harassment in the line of duty. It also shows how both the government and state have pushed the media into a tight corner, compelling owners and editors to follow certain directives or face the consequences. Finally, the report pays particular attention to the media landscape in Balochistan and Khyber Pakhtunkhwa, where threats to journalists and media blackouts have severely compromised the public’s access to information.

The report can be accessed at http://hrcp-web.org/hrcpweb/wp-content/uploads/2020/09/2022-Truth-comes-at-a-price.pdf

February 23, 2022February 24, 2022

Dr Mehdi Hasan: A man of unwavering principles

Lahore, February 23, 2022 (PPI-OT):The Human Rights Commission of Pakistan (HRCP) is devastated by the loss of Dr Mehdi Hasan, former chairperson and member of the present Council, who passed away earlier today. A veteran journalist, public intellectual and one of Pakistan’s foremost media historians, Dr Hasan was twice elected chairperson of HRCP and five times as an office bearer of the Pakistan Federal Union of Journalists.

As a teacher of journalism at the University of the Punjab and subsequently at Beaconhouse National University, he nurtured several generations of reporters and columnists, always emphasising the integrity of facts and evidence. Underlying his soft-spoken demeanour was a political astuteness that few can lay claim to. It was to Dr Hasan that many leading politicians – his former students – turned for advice. It was advice he gave invariably without fear or favour.

A proudly secular man, Dr Hasan had the courage of his convictions and long warned that Pakistan could not hope to become a true democracy so long as it pandered to religious nationalism. His unwavering commitment to freedom of religion, expression and opinion gave direction to human rights defenders and progressive journalists across Pakistan, scores of whom would congregate at his home in Lahore out of a shared love of poetry and political anecdotes. Dr Hasan will be sorely missed and we extend our deepest condolences to his family and friends.