“It is regrettable that Pakistan’s views and ground realities were not reflected in the statement issued”
Pakistan urges UN High Commissioner to avoid comments on 27th constitutional amendment “that reflect political bias and misinformation”.
The United Nations High Commissioner for Human Rights, Volker Türk, warned on Saturday that Pakistan’s rushed constitutional amendments “seriously undermine judicial independence and raise serious concerns about accountability and respect for the rule of law.”
In response, the Ministry of Foreign Affairs issued a statement on Sunday rejecting the High Commissioner’s concerns and insisting that “the constitutional amendments passed by the Parliament of Pakistan followed the procedures laid down in the Constitution of Pakistan.”
Türk argued that such changes went against the principles that form the foundation of the rule of law and guarantee the protection of human rights in Pakistan.
Under the amendments approved on November 13, a new Federal Constitutional Court (FCC) was given exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments go against the separation of powers that underpins the rule of law and guarantees the protection of human rights in Pakistan.
The statement said that “it is unfortunate that the views and ground realities of Pakistan were not reflected in the statement issued.”
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It then states that “Pakistan remains fully committed to protecting, promoting and upholding human rights, human dignity, fundamental freedoms and the rule of law, as enshrined in the Constitution of the Islamic Republic of Pakistan.”
The 27th Constitutional Amendment
Under the amendments approved on November 13, a new Federal Constitutional Court (FCC) was given exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments go against the separation of powers that underpins the rule of law and guarantees the protection of human rights in Pakistan.
The systems of appointment, promotion and transfer of judges have been changed in a manner that raises serious concerns about undermining the structural independence of Pakistan’s judiciary. The first chief judge of the FCC and the first group of judges of the FCC have already been appointed by the president on the advice of the prime minister.
“These changes, taken together, risk subjecting the judiciary to political interference and executive control,” Türk said.
“Neither 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.
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“An essential measure of judicial independence is the protection of the court from political interference by the government. If judges are not independent, experience shows that they struggle to apply the law equally and uphold human rights for all in the face of political pressure.”
“Immunity provisions as broad as these undermine accountability, which is the cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” Türk said.
“I fear that these amendments risk having considerable consequences on the principles of democracy and the rule of law dear to the Pakistani people,” Türk added.
The amendment also changed the military command structure, the army chief will also perform the functions of the chief of defense forces (CDF). The tenure of the CDF will begin from the date of official notification and the bill abolishes the post of Chairman of the Joint Chiefs of Staff Committee (JCSC).
