‘It is regrettable that Pakistan’s views, ground realities were not reflected in the statement issued’
Pakistan urges the United Nations High Commissioner to avoid commentary on the 27th Constitutional Amendment “that reflects political bias and misinformation”.
The UN High Commissioner for Human Rights, Volker Türk, on Saturday, cautioned that Pakistan’s hurried constitutional amendments “seriously undermine judicial independence, and raise grave concerns about accountability and respect for the rule of law”.
In response, the Ministry of Foreign Affairs released a statement on Sunday, rejecting the concerns of the High Commissioner and insisting that “The constitutional amendments adopted by the Parliament of Pakistan followed due procedures as enshrined in Pakistan’s Constitution”.
Türk argued that such changes run counter to the principles that form the foundation of the rule of law and guarantee the protection of human rights in Pakistan.
Under the amendments approved on November 13, a new Federal Constitutional Court (FCC) has been vested with exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in Pakistan.
The statement argues that “It is regrettable that Pakistan’s views and ground realities were not reflected in the statement issued”.
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It goes on to make clear that “Pakistan remains fully committed to protecting, promoting, and upholding human rights, human dignity, basic freedoms and the rule of law as enshrined in the constitution of the Islamic Republic of Pakistan”.
The 27th Constitutional Amendment
Under the amendments approved on November 13, a new Federal Constitutional Court (FCC) has been vested with exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in Pakistan.
The systems for appointment, promotion and transfer of judges have been changed in a manner raising serious concerns about undermining the structural independence of Pakistan’s judiciary. The first chief justice of the FCC and the first set of FCC judges have already been assigned by the president on the advice of the prime minister.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Türk said.
“Neither the executive nor legislative 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.
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“A core measure of judicial independence is a tribunal’s insulation from political interference by the Government. If judges are not independent, experience shows that they struggle to apply the law equally and to uphold human rights for 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 risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear,” Türk added.
The Amendment also changed the military command structure, the Army Chief will also serve as the Chief of Defence Forces (CDF). The CDF’s tenure will start from the date of official notification and the bill abolishes the position of Chairman Joint Chiefs of Staff Committee (CJCSC).
