Zafar Iqbal

Consular protection is a vital service that governments provide to their citizens who travel or reside in foreign countries. It involves assisting them in cases of emergency, such as arrest, injury, illness, death, or loss of documents. Consular protection also includes informing them of their rights and obligations under the host country’s laws, facilitating their access to legal representation and consular visits, and liaising with local authorities and family members. Consular protection is based on the principle of sovereign equality and mutual respect among states, as well as the obligation to protect the human rights and dignity of individuals.

Pakistan is a country with a large diaspora, estimated at over 10 million people, who live and work in various regions of the world, especially in the Middle East, Europe, and North America. These overseas Pakistanis contribute significantly to the economy and development of their homeland through remittances, investments, trade, and cultural exchanges. They also face various challenges and risks in their host countries, such as discrimination, exploitation, abuse, violence, and legal problems. According to the Ministry of Overseas Pakistanis and Human Resource Development, there are currently 13,456 Pakistanis imprisoned abroad, mainly in Saudi Arabia, the UAE, Iraq, Bahrain, Oman, and Qatar, and 7,860 of them are under trial. Many of them are accused of minor offenses, such as overstaying their visas, working without permits, or violating labor laws. However, due to their lack of education, language skills, and legal awareness, they often fail to defend themselves effectively and end up in prolonged detention or harsh punishment.

The plight of these Pakistani prisoners has been a matter of concern and debate for the government, the parliament, the civil society, and the media in Pakistan. In 2017, the Lahore High Court, in a landmark judgment, ordered the government to formulate a comprehensive policy on consular protection in accordance with the Vienna Convention on Consular Relations of 1963, to which Pakistan is a party. The court also directed the government to allocate adequate funds and resources for the provision of legal aid, repatriation, and rehabilitation of Pakistani prisoners abroad. However, the implementation of this judgment has been slow and unsatisfactory, as the government has not yet devised a uniform and effective consular protection policy despite repeated reminders and recommendations from various stakeholders, including the Senate Standing Committee on Human Rights.

The need for a robust and coherent consular protection policy for Pakistanis abroad is urgent and imperative, not only for the sake of their welfare and rights but also for the reputation and interests of Pakistan as a responsible and respected member of the international community. Such a policy should be based on the following principles and objectives:

• To ensure that all Pakistani citizens abroad are registered with the nearest Pakistani diplomatic mission and have access to timely and accurate information on the laws, regulations, and customs of the host country, as well as the services and facilities available to them.
• To establish a network of trained and dedicated community welfare attachés (CWAs) in countries with a large Pakistani presence who can provide consular assistance and protection to Pakistani nationals in need in coordination with the local authorities and the relevant ministries in Pakistan.
• To enhance the capacity and professionalism of the Pakistani diplomatic staff and the overseas employment promoters (OEPs) in dealing with the issues and problems of Pakistani workers and migrants abroad and to ensure their accountability and transparency.
• To strengthen the cooperation and communication between the Pakistani diplomatic missions and the civil society organizations, both in Pakistan and abroad, that work for the welfare and empowerment of overseas Pakistanis, especially the vulnerable and marginalized groups, such as women, children, and refugees.
• To promote the engagement and participation of the Pakistani diaspora in the social, economic, and cultural development of Pakistan and to facilitate their integration and reintegration in the host and home countries, respectively.
• To pursue bilateral and multilateral agreements and mechanisms with the countries of destination and transit on issues such as visa facilitation, labor rights, social security, legal assistance, prisoner exchange, and repatriation in line with international standards and best practices.

A uniform consular protection policy for Pakistanis abroad would not only benefit the individuals and families involved but also enhance the image and influence of Pakistan in the world. It would also reflect the commitment and responsibility of the government to protect and serve its citizens, wherever they may be, and to uphold the values and principles of human rights, justice, and dignity. Therefore, it is hoped that the government will take swift and serious steps to formulate and implement such a policy, with the involvement and input of all the relevant stakeholders, and in accordance with the directives and expectations of the judiciary and the parliament. Therefore, foreign embassies of Pakistan must work hard to provide consular protection to jailed Pakistanis abroad. 

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