- All legislation, amendments exclusive domain of parliament: FO
- It highlights that due procedures were followed to adopt adjustments.
- Ministry says Pakistan is committed to protecting rights, freedoms.
ISLAMABAD: Expressing deep concern, Pakistan has categorically refuted the unfounded and misplaced apprehensions of the United Nations High Commissioner for Human Rights over the recently passed 27th Constitutional Amendment.
In a statement issued on Sunday, the Ministry of Foreign Affairs highlighted that the constitutional changes were adopted by a two-thirds majority in parliament and that “all legislation, as well as any amendments to the Constitution, remain the exclusive domain of the elected representatives of the people of Pakistan.”
“Democracy and democratic methods constitute the basis of civil and political rights and, therefore, must be respected,” he stated.
The ruling coalition, earlier this month, passed the 27th Constitutional Amendment in the Senate and the National Assembly amid resistance from opposition benches, which finally came into effect on November 13 after the consent of President Asif Ali Zardari.
The amendment was first approved by the Senate; However, the AN approved it with 234 votes and added adjustments, which were once again approved by the Senate by 64 votes (two-thirds majority in the 96-member Chamber).
Key provisions of the 27th Amendment
- The Chief of Staff of the Army will assume the position of Chief of the Defense Forces
- The titles of field marshal, marshal of the Air Force and admiral of the fleet will remain for life
- The current Chief Justice will remain CJP till the end of the current term.
- Senior judge between SC CJ and FCC CJ to be appointed as Chief Justice of Pakistan
- Establishment of the Federal Constitutional Court
- Equal provincial representation approved in the Federal Constitutional Court
- FCC empowered to receive suo motu notifications on petitions
- President and Prime Minister to play key role in judicial appointments
- Limited presidential immunity if the president assumes any public office after his term in office
- Judicial Commission will decide transfer of Superior Court judges
- Objections to transfers will be reviewed by the Supreme Judicial Council
However, United Nations High Commissioner for Human Rights Volker Turk, in a statement issued on Friday, said the adjustments “seriously undermine judicial independence” while raising serious concerns about accountability and respect for the rule of law. The news reported on Friday.
“Under changes adopted on November 13, a new Federal Constitutional Court (FCC) has been granted powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases,” the statement reads.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk 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,” added the UN official.
Reacting to Turk’s statement, the FO today highlighted that the constitutional amendments adopted by parliament followed due procedures enshrined in the country’s Constitution.
“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 FO statement said.
Observing that it was regrettable that Pakistan’s views and ground realities were not reflected in the statement issued, the FO urged the UN high commissioner for human rights to “respect the sovereign decisions of Pakistan’s parliament and avoid comments that reflect political bias and misinformation.”
