UN High Commissioner for Human Rights Volker Turk said on Friday that Pakistan’s “hastily adopted” constitutional amendments seriously undermine judicial independence and raise grave concerns about military accountability and respect for the rule of law.
In a statement issued in Geneva, the human rights chief said the latest constitutional amendment, like the 26th amendment last year, had been adopted without broad consultation and debate with the legal community and wider civil society.
Turk 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.
“Under the changes adopted on November 13, a new Federal Constitutional Court (FCC) has been given powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases,” the statement read.
It added that the systems for appointing, promoting and transferring judges changed in a manner raising “serious concerns about undermining the structural independence of Pakistan’s judiciary”.
Turk noted that the president and prime minister had already assigned the chief justice and the first set of FCC judges.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk was quoted as saying.
“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.
“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.”
The UN also noted that the 27th amendment establishes lifetime immunity from criminal proceedings and arrest for the president, field marshal, marshall of the air force and admiral of the fleet.
“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,” Turk was quoted as saying.
“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.”
On November 13, the president signed the 27th Constitutional Amendment into law hours after the Senate approved the bill for the amendment after voting on it for a second time amid the opposition’s protest.
Announcing the result, Senate Chairman Yousuf Raza Gilani said 64 votes had been cast in favour of the bill and four against it. “So the motion is carried by the votes of not less than two-thirds of the total membership of the Senate, and consequently, the bill stands passed.”
The House first voted on the bill clause by clause and then by division. While clause-by-clause voting was under way, slogans of aain ki tabahi, na manzoor (destruction of the Constitution, unacceptable) filled the house, prompting Gilani to say at one point, “No slogans”.
The bill was initially presented in the Senate for voting on November 10 and passed the same day. It was then referred to the NA, which approved it with some amendments yesterday. Therefore, the proposed legislation was again presented in the Senate to consider the latest changes.
