- Any legislation, amendment exclusive domain of Parliament: FO
- Emphasizes that the necessary procedures were followed to adopt the adjustments.
- The ministry says Pakistan is committed to protect rights and freedoms.
ISLAMABAD: Expressing deep concern, Pakistan has categorically refuted the unfounded and misplaced apprehensions by the United Nations High Commissioner for Human Rights over the recently adopted 27th constitutional amendment.
In a statement released on Sunday, the Ministry of Foreign Affairs stressed that the constitutional amendments were adopted by a two-thirds majority of Parliament and that “all legislation, as well as any amendment to the Constitution, remains the exclusive domain of the elected representatives of the people of Pakistan.”
โDemocracy and democratic methods constitute the foundation of civil and political rights and must therefore be respected,โ he said.
Earlier this month, the ruling coalition passed the 27th constitutional amendment in the Senate and National Assembly despite resistance from the opposition benches, which finally came into force on November 13 after the assent of President Asif Ali Zardari.
The amendment was first passed by the Senate; however, the NA approved it by 234 votes and added modifications, which were once again approved by the Senate by 64 votes (two-thirds majority of the 96 members of the House).
Key provisions of the 27th Amendment
- Chief of Army Staff to assume role of chief of defense forces
- The titles of Marshal, Marshal of the Air Force and Admiral of the Fleet will remain for life
- The outgoing chief justice will remain CJP until the end of his current term
- The most senior among SC CJ and FCC CJ will be appointed as Chief Justice of Pakistan
- Creation of the Federal Constitutional Court
- Equal representation of provinces approved by the Federal Constitutional Court
- The FCC has the authority to take suo motu notice of petitions
- President and prime minister to play key role in judicial appointments
- Limited presidential immunity if the president assumes public office after his term
- Judicial Commission to decide on transfer of High Court judges
- Objections to transfers will be considered by the Supreme Judicial Council
However, UN High Commissioner for Human Rights Volker Turk said in a statement Friday that the changes โseriously undermine judicial independenceโ while raising serious concerns about accountability and respect for the rule of law. News reported Friday.
โAs part of the changes adopted on November 13, a new Federal Constitutional Court (FCC) was given powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only handle civil and criminal cases,โ the statement said.
โThese changes, taken together, risk subjecting the judiciary to political interference and executive oversight,โ Turk was quoted as saying.
โNeither the executive nor the legislature should be able to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making process,โ added the UN official.
Reacting to Turk’s statement, FO today stressed that the constitutional amendments adopted by parliament followed the procedures laid down in the country’s Constitution.
โPakistan remains fully committed to the protection, promotion and respect of human rights, human dignity, fundamental freedoms and the rule of law, as enshrined in the Constitution of the Islamic Republic of Pakistan,โ the FO statement said.
Noting that it was unfortunate that Pakistan’s views and ground realities were not reflected in the issued statement, FO urged the UN High Commissioner for Human Rights to “respect the sovereign decisions of the Pakistani parliament and avoid comments that reflect political bias and misinformation.”
