UN High Commissioner for Human Rights Volker Türk said today that Pakistan’s “hastily adopted” 27th constitutional amendment seriously undermines judicial independence and raise grave concerns about military accountability and respect for the rule of law.
The world body’s human rights chief said the latest constitutional amendment, like the 26th amendment last year, was passed “without broad consultation and debate with the legal community and wider civil society.”
The United Nation’s statement came after the parliament approved sweeping structural changes in the judicial system and grant lifelong immunity from criminal proceedings to army leaders. The measure was later signed into law by President, who will also be off-limits for the law.
Pakistan’s Foreign Ministry dismissed the criticism, saying the South Asian country – with a long history of military rules undermining democracy – remains “fully committed to protecting… basic freedoms and the rule of law as enshrined in the constitution”
In the UN statement, Türk warned the amendments “run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights” in Pakistan.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” said Türk. “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 amendment also establishes lifetime immunity from criminal proceedings and arrest for the President, Field Marshall, Marshall of the Air Force and Admiral of the Fleet, the statement noted.
“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,” said Türk.
Pakistan’s statement termed UN human rights chief’s remarks as “baseless.
Islamabad said, “it is regrettable that Pakistan’s views and ground realities were not reflected,”
Muhammad Luqman is Associate Editor at Views News Now. He writes on wide-ranging issues including economy, South Asia, the Middle East, agriculture, economy and innovation. Luqman has worked some of the leading news organizations and won acclaim for his original and research-based works.
