Tariq Mahmood Awan
There is a need to write more on human rights in Pakistan. Pakistan may have legislative, executive or judicial protections for human rights. However, creating awareness is the foundation of implementing human rights. I have worked in the Human Rights Department of Punjab for three years and have come to know that it is the government against whom most of the people have grievances about violating human rights. Apart from governmental violations, there are severe social and cultural violations. Therefore, there is a dire need to work on both levels: state and society. I would begin my argument with a Quranic verse.
‘Mankind! We created you from a single (pair) of male and female and made you into nations and tribes where you may know each other. Verily, the best honoured of you in the sight of Allah is the most righteous of you (Al-Hujrat: 13).
The creative foundation of Humankind is dignity, equality and parity. Therefore, human rights are a fundamental obligation. A human right is a right that belongs to every person simply for being human, regardless of any other status. Human rights are essential for many reasons, such as human rights ensure that needs are met, such as food, water, shelter, health, and education. They protect vulnerable groups from abuse, such as minorities, women, children, and people with disabilities. They also allow people to stand up to societal corruption and injustice and to express their opinions freely. Human rights encourage freedom of religion, belief, culture, and respect for diversity. Finally, they allow people to love who they choose and to form meaningful relationships.
Human rights are critical for human dignity, culture and values because they recognize the inherent worth and potential of every human being. They also promote the development of a just and peaceful society that respects human diversity and pluralism. Human rights are based on universal principles that reflect the common values of humanity, such as equality, justice, freedom, and solidarity.
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Likewise, Article 1 of the Universal Declaration on Human Rights (UDHR) by the United Nations declares that all humans are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Harmoniously, Articles 14, 25 and 15 to 20 of the Constitution of Pakistan protect the dignity, equality and liberty of the citizens. Hence, all human rights codes depict absolute universality regarding instincts and natural rights. Then, there is a substantive convergence on the cultural, religious, economic and political rights, but still, a meaningful procedural divergence exists connecting cultural, political and economic interests among states.
Constitutionally, Pakistan is a federal parliamentary democracy. Human rights are protected as fundamental rights in the Constitution of Pakistan. Article 8 of the Constitution provides that any law repugnant to fundamental rights is void. Hence, this protection proves the significance of human rights for the state and society. Article 9 protects the security of a person—and article 10 guarantees safeguards to arrest and detention. Article 10A protects the right to fair trial and due process. Article 11 prohibits slavery and forced labour. Article 12 protects against retrospective punishment. Article 13 protects against double punishment and self-incrimination. Article 14 provides human dignity and prohibits torture to extract evidence.
Article 15 provides freedom of movement. Article 16 includes freedom of assembly. Article 17 provides freedom of association. Article 18 guarantees freedom of trade, business or profession. Article 19 has freedom of speech, and 19A delivers the right to information. Article 20 ensures freedom to profess religion and to manage religious institutions. Article 21 provides safeguards against taxation for any particular religion. Article 22 provides safeguards to educational institutions in respect of religion. Article 23 provides the right to acquire, hold and dispose of property in any part of Pakistan. Article 24 bestows protection of property rights. Article 25A enforces that all citizens to be equal before the law. Article 25 provides the right to education. Article 26 ensures that there shall be no discrimination regarding access to public places. Article 27 protects against discrimination in services. Article 28 allows people to preserve language, script and culture.
Besides, Chapter II of the Constitution enunciates principles of policy. These principles are the collective rights of the society. Article 31 explains that the Islamic way of life shall be promoted. Article 32 provides for the promotion of local government institutions. Article 33 provides for the discouragement of parochial and other similar prejudices. Article 34 ensures the full participation of women in national life. Article 35 protects marriage and family life. Article 36 provides safeguards and protection for minorities. Article 37 categorically affords the promotion of social justice and eradicating social evils. Article 38 enforces the advancement of the social and economic well-being of the people. Article 39 offers the participation of people in the Armed Forces. Article 40 strengthens bonds with the Muslim world and promotes international peace. Hence, fundamental rights and principles of policy are the anthology of human rights.
The knowledge gap is the fundamental cause of deteriorating human rights in Pakistan. Awareness of the contents and motivation of human rights is instrumental for better implementation of human rights. The best mode to fill the knowledge gap is to incorporate the canons of fundamental rights in the educational syllabus of the nation, followed by other awareness campaigns. Societal, cultural, political and religious awareness is vital to undo the lock of despondency. Individuals, institutions and organizations should play a pivotal role in creating the indispensable dissemination of Human Rights.
The Constitution provides the judicial remedy to citizens to enforce Human Rights. Article 184 (3) empowers the Supreme Court to enforce public rights on matters of public interest. Article 199 of the Constitution empowers the High Courts to execute writs against government functionaries to enforce fundamental rights. Application of section 491 of the Criminal Procedure Code 1898 provides that a person within the limits of its appellate criminal jurisdiction be brought up before the court to be dealt with according to law. Then, a remedy is available under section 220 of the Pakistan Penal Code alongside several legislative protections.
Inherently, judicial enforcement of human rights has been long-winded across the world. Hence, judicial enforcement is instrumental and improved standards in civil and criminal justice systems will improve implementation. Overhauling of judicial practices shall explicitly enhance improvement in implementing Human Rights in Pakistan.
Administrative remedy to human rights is the way forward. The mode is competent, prompt and unswervingly linked to the foundation of implementation. Pakistan is confronting a capacity crisis, which is choking the governance and service delivery. Pakistan guarantees potent constitutional and legislative support to the cause of human rights, but administrative bottlenecks are making us lag far behind in implementation. Human rights are devolved as a provincial subject, and provinces require functional Human Rights departments.
Besides, implementation is only possible by raising a functional Human Rights Service HRS and devolving the function to the districts by erecting district setups. Federal intervention in provincial implementation is unconstitutional. Functional Human Rights Departments and Human Rights Services are instrumental in the cause of implementation.
The coded rules and laws of public organizations should be revamped in order to achieve administrative capacity and functionality. Public and private partnership is key for the cause of implementation. Almost all federal and provincial organizations have inserted human rights in their organizational rules of business according to Article 139. If only these rules of business are administratively implemented by the departments, the implementation will improve significantly.
Then, human rights in Pakistan face many challenges, such as violence, discrimination, corruption, and extremism. According to Human Rights Watch, the government has failed to protect the rights of women, minorities, journalists, political workers and civil society activists. Therefore, it is critical to create awareness for implementing human rights in Pakistan both at governmental and social levels. Following steps may work for the cause of implementing human rights in Pakistan.
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The government should repeal or amend the laws that are used to suppress dissent and freedom of expression, such as the sedition law, the criminal law, and the cybercrime law. These laws are often abused to target critics and opponents of the government and to stifle independent freedom of expression.
The government should also ensure accountability for human rights violations by state and non-state actors. The government should investigate and prosecute cases of torture, extrajudicial killings, enforced disappearances, and attacks on civilians. The government should also re-think using military courts for civilian cases and ensure fair trials for all accused.
The government should take effective measures to protect the rights of women, children, minorities, and transgender people. The government should enforce laws against domestic violence, child marriage, forced marriage, and honour killings. The government should also control discrimination and violence against minorities, such as Christians, Hindus, and Shiites. The government should also recognize and respect the rights of transgender people to identity, health, education, and employment.
Accordingly, the government should cooperate with the United Nations’ human rights mechanisms and implement their recommendations. The government should ratify the outstanding human rights treaties and protocols, such as the Convention against Torture and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. The government should also submit its overdue reports to the treaty bodies and engage constructively with the special procedures and the universal periodic review. Therefore, all branches of government, legislature, executive and judiciary, must play their role in the cause of human rights in Pakistan.
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