PAKISTAN: UPR report lacks objective realism and denies the reality concerning human rights - Part I | WPN World People News

For the United Nations Universal Periodic Review (UPR) on Pakistan, the country presented a four-year working report of how the government improved the state of human rights in Pakistan. Ms. Hina Rabbani Khar, the foreign minister leading the Pakistan delegation, presented the report to the UN.

The UPR is a process in which the UN Human Rights Council (HRC) reviews a country on the basis of that country's voluntary pledge, made to the HRC. Pakistan in 2008, when it was first elected to the HRC, had pledged that it would follow its commitments under international human rights law. Pakistan was elected from 13 nominations from Asia. The pledge and the treaty obligations, by international law, estops Pakistan from failing to fulfil the promises that it has made to the HRC as well as to the international community, and above all to the people of Pakistan.

The Pakistan delegation covered the 12 areas where it claimed that the government had achieved progress during the four years which is summarised by the UN OHCHR in its website, as follows:
•Pakistan had taken several steps to restore the democratic nature of state institutions, including but not limited to the release of political prisoners and the lifting of media restrictions;
•The period between 2008 and 2012 had proved challenging for Pakistan given, among other things, terrorism and natural calamities; despite these challenges, Pakistan remained steadfast in its commitment to promote and protect human rights;
•A number of laws were passed by the Parliament to strengthen human rights, including legislation to create a National Commission for Human Rights in May 2012 in compliance with the Paris Principles, and the promulgation of more than half a dozen laws for the promotion and protection of women's rights and to prevent violence against women;
•Pakistan ratified the International Convention on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in June 2010 and the Convention on the Rights of Persons with Disabilities and the Optional Protocol of the Child Rights Convention (CRC) concerning the sale of children in August 2011;
•The High Commissioner for Human Rights visited Pakistan in June 2012 that provided an opportunity for the High Commissioner to observe first-hand wide-ranging measures taken by Pakistan in the promotion and protection of human rights;
•That the country has made extraordinary efforts and sacrifices to eradicate the scourge of terrorism and to build a peaceful and stable region; and highlighting the reaction the world witnessed to the heinous attack on young Ms. Malala Yousafzai cited as an example;
•Concerning minorities, seats have been reserved for minorities in the National Assembly, the Senate and the Provincial Assemblies;
•In 2008, the Right to Information was guaranteed by the Constitution as a fundamental right;
•Pakistan is host to one of the world's largest refugee populations, with more than three million refugees for more than 30 years; the massive floods and rains of 2010 and 2011 caused dislocation of 2.6 million people; the authorities have fully integrated human rights and gender sensitive training in their activities;
•The special attention given by the government to the political, social and economic emancipation of women and protection of the rights of other vulnerable groups including children and minorities; and the laws passed in that regard;
•In response to questions posed by states, the delegation noted that Pakistan has been undertaking numerous measures to promote inter-faith harmony; and, in terms of blasphemy, between 2007 and 2010, 253 individuals were convicted under the Blasphemy Law of which 244 were Muslim, which dispelled the notion that the law was designed to target non-Muslims;
•Responding to other questions, Ms. Rabbani Khar said that there is a national commission on enforced disappearances, legislation to protect women, children and minorities, including legislation on combating attacks against women, and a constitutional right allowing for free, universal and primary education.

The Asian Human Rights Commission (AHRC) welcomes the summary by the UN Office of the High Commissioner on Human Rights (OHCHR). However the AHRC has serious concerns about the speech made by Ms. Rabbani Khar, who failed to state, when the government will recalibrate domestic laws to meet international human rights standards, as required by the treaty obligations binding Pakistan.

The AHRC is of the opinion that the government's presentation was a poor attempt to disguise the actual situation of human rights in the country. The issues related to wide spread corruption; the impunity given to the supra constitutional forces; the absence of the rule of law; killings of the persons from different Muslim minorities sects; the continuous persecution of the Ahmadis; increasing incidents of forced conversion to Islam and forced marriages - particularly sponsored by the members of the parliament belonging to ruling party; the reasons for the exodus of the Hindus to neighbouring India and the lack of government protection for the members of these communities; persecution of religious minorities; holding of Jirgas (an illegal practice of arbitrary dispute settlement by the powerful groups); honour killings; trafficking of women and children; widespread torture in custody; disappearances after arrests; extrajudicial executions by the police and by the armed forces; the ongoing assassinations and harassment of journalists; conversion of Sindhis - the indigenous people of Sindh province into an ethnic minority; unequal water distribution among the different provinces; poor industrial working conditions including minimal health guarantees; inadequate housing and educational facilities; and bad governance and corruption in the judicial system were intentionally left out by Ms. Rabbani Khar in her report as if the minister does not believe that these are rights violations.

The minister tried hiding behind terrorism, posing it as an excuse to the government's failures and instead highlighted the controversial and inexcusable drone attacks and religious extremism. In fact, what Pakistan faces today in the form of religious extremism and other forms of uncontrolled violence committed against the people of Pakistan, is the result of a failed justice framework in that country. Contrary to the minister's speech, seeking and highlighting excuses for the government's failures, it is the failure of the government for the past six decades in establishing and nurturing a stable rule of law framework is what that has mould Pakistan into what it is today. Unless drastic and time bound efforts are not taken, the country will continue its rapid downward spiral into destruction.

The minister said "… Pakistan has now ratified seven out of nine core international human rights treaties. Joining these international human rights instruments demonstrates Pakistan’s commitment to international human rights standards. We are now focused on implementing these instruments at the national level. An inter-ministerial process has been set up to coordinate implementation and to prepare reports for the treaty bodies."

While the government has passed legislation on the women's issues and for their protection, it has miserably failed to enforce any of these legislations. Cases reported by the AHRC globally from Pakistan illustrate that women and children continue to be treated as beasts of burden.

The government has ratified the ICCPR, CAT, ICESCR, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the CRC. However, the country is yet to have legislations that would let these international human rights commitments, as justiciable rights with remedies in Pakistan.

Due to the absence of a functioning criminal justice framework and weak prosecution, torture in custody and extrajudicial executions have increased rapidly in comparison with previous years. Every police station has its own private torture centres besides their lock ups. Every cantonment area of the armed forces runs at least one torture centre and the Inter-Services Intelligence (ISI) offices have their 'safe houses'. The Air Force and Navy also operates their torture cells. The AHRC has documented numerous cases in which these centres are positively identified, and the information sent to the authorities. But no actions followed to end these illegal and inhuman torture cells.

source: Asian Human Rights Commission