“It is unfortunate that Pakistan’s views and ground realities have not been reflected in the statement issued.”
Pakistan urges the United Nations High Commissioner to avoid comments on the 27th Constitutional Amendment “that reflect political bias and misinformation.”
United Nations High Commissioner for Human Rights Volker Türk warned Saturday that Pakistan’s hasty constitutional amendments “seriously undermine judicial independence and raise serious concerns about accountability and respect for the rule of law.”
In response, the Ministry of External Affairs issued a statement on Sunday, rejecting the High Commissioner’s concerns and insisting that “the constitutional amendments adopted by the Parliament of Pakistan followed due procedures enshrined in the Constitution of Pakistan.”
Türk argued that such changes go against the principles that form the basis of the rule of law and ensure the protection of human rights in Pakistan.
Under the amendments approved on 13 November, a new Federal Constitutional Court (FCC) has been given exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments go against the separation of powers that underpins the rule of law and safeguards the protection of human rights in Pakistan.
The statement maintains that “It is unfortunate that the views and ground realities of Pakistan have not been reflected in the statement issued.”
Read: COAS Asim Munir’s tenure to be restarted after military command reforms
It goes on to make it clear that “Pakistan remains fully committed to the protection, promotion and defense of human rights, human dignity, basic freedoms and the rule of law enshrined in the Constitution of the Islamic Republic of Pakistan.”
The 27th Constitutional Amendment
Under the amendments approved on 13 November, a new Federal Constitutional Court (FCC) has been given exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments go against the separation of powers that underpins the rule of law and safeguards the protection of human rights in Pakistan.
The systems of appointment, promotion and transfer of judges have been modified in a manner that raises serious concerns that the structural independence of Pakistan’s judiciary will be undermined. The first FCC Chief Justice and the first set of FCC judges have already been appointed by the President on the advice of the Prime Minister.
“These changes, taken together, risk subjecting the judiciary to political interference and executive control,” Türk said.
“Neither the executive nor the legislature should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making.
Read more: Pakistan law modifies UN human rights chief’s alarm
“A fundamental measure of judicial independence is the isolation of a court from political interference by the Government. If judges are not independent, experience shows that they have difficulty applying the law equally and defending the human rights of all in the face of political pressure.”
“Sweeping immunity provisions like these undermine accountability, which is a cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” Türk said.
“I am concerned that these amendments could have far-reaching consequences for the principles of democracy and rule of law that the Pakistani people hold dear,” Türk added.
The Amendment also changed the military command structure, the Chief of the Army will also act as the Chief of Defense Forces (CDF). The tenure of the CDF will begin from the date of official notification and the bill abolishes the post of Chairman of the Joint Chiefs of Staff Committee (CJCSC).
