Pakistan: Do not leave the UPR recommendations in a vacuum

Last Update 14 March 2013

Oral Statement on the Adoption of the Outcome Report of the Universal Periodic Review of Pakistan

International Federation for Human Rights (FIDH)
Human Rights Commission of Pakistan (HRCP)

22nd Session of the United Nations Human Rights Council
March 14, 2013

FIDH and HRCP urge Pakistan to implement into domestic law all international instruments (ICCPR, CAT, CRPD and OP-CRC-SC) it ratified since its first universal periodic review in 2008. While welcoming Pakistan's recent cooperation with the UN system,[1] we call on the Government to extend invitations to key special procedures including the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (who requested an invitation in 2006, 2008, 2010, 2012), the Special Rapporteur on the situation of human rights defenders (2008, 2010) and the Special Rapporteur on freedom of religion and belief (last visit in 1995). FIDH and HRCP will also closely monitor the developments of the National Commission for Human Rights to be established under the National Commission for Human Rights Bill 2012.

The Government of Pakistan must step up its efforts to protect religious minorities from physical attacks, forced conversion and socio-economic discrimination, especially in light of the recent outburst of violence against Shia communities. In addition, it should urgently amend discriminatory laws which strongly contribute to the persecution of minorities, in particular Section 298-B and 298-C of the 1984 ordinance, which declare illegal for Ahmadis to act or look like Muslims, to practice or propagate their faith and to call their worship place a "mosque". FIDH and HRCP are relieved that 14-year old Rimsha Masih was cleared of all charges on 20 November 2012 a few weeks after her arrest on blasphemy charges. Her security and the one of the Christian community she belongs to must be guaranteed.

The status of Pakistani women remains, in spite of new legislation, extremely dismal. The government's mobilization following the attempted murder of the young Malala Yousafzai last October cannot hide the lack of action to fight violence against women and girls, sexual exploitation, "honor killings" as well as remedy to the specific challenge of girls' access to education, which Malala raised. Social discrimination against women partly results from the patriarchal system in place in Pakistan and the extreme poverty which the Government must fight by all means. Effective measures must also be implemented to abolish all forms of economic and physical exploitation, based on the National Policy and Plan of Action for the Abolition of Bonded Labour (2001).

While recognizing the great challenges resulting from the flows of internally displaced people in Pakistan, FIDH and HRCP insist on the need to focus on sustainable development and not only disaster relief, in order to mitigate the effects of natural disasters in the future.

HRCP and FIDH are extremely concerned by the insecurity of human rights defenders and journalists investigating human rights violations in Pakistan. HRCP has lost three district coordinators in 2011, namely Siddique Eido, who was abducted by men in security agencies uniform, Naeem Sabir and Zarteef Afridi. On 2 February 2013, Malik Jarar, HRCP's council member, was shot dead by unknown assailants, most probably for sectarian reasons. Sixteen journalists were killed in 2011, nine in 2012, which ranks Pakistan third as most dangerous country for journalists.

The hanging of Mohammed Hussain by military authorities on 15 November 2012 brought to an end the de facto moratorium in place since December 2008, contradicting the positive remarks by several member States in their interactive dialogue with Pakistan in the previous month. The number of death sentences has remained high (1183 from 2008 to 2012) and there were 7,046 death row inmates in Pakistani jails by the end of February 2013. This trend must be reversed and an official moratorium immediately implemented.

While FIDH and HRCP deplore the killing of thousands of members of national security forces by radical groups, we recall that what the Government of Pakistan called "the epic struggle against terrorism" during the UPR must absolutely take place in full respect with international human rights standards. Summary killings, torture and enforced disappearance are prohibited under all circumstances under international law. Pakistan's claim to join as full member the Shanghai Cooperation Organization sends a negative message in this regard, since the core values of the SCO are to merge the fight against "terrorism, separatism and extremism" in a way that has, in the past, lead to numerous human rights violations, including the forced deportation of people at risk of persecution.

It is not surprising that the only recommendation (out of 166) which didn't enjoy the support of Pakistan, concerned the situation in the province of Baluchistan. HRCP's recent investigations in this volatile region revealed State responsibility in many cases of enforced disappearance, as well as an inappropriate government's response to the many grievances by the people of Baluchistan. The Commission of Inquiry on Enforced Disappearance must be vested with greater authority and resources and the Government of Pakistan must ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

All these actions are even more urgent in the outlook of the upcoming elections in May 2013 which will most likely intensify the level of political violence which has, since 2011, caused hundreds of victims in Karachi alone. Elections, which will be a crucial test for Pakistan's democracy, will be successful if and only if conditions for free and fair elections are set and the participation of women as candidates and voters is ensured throughout the country.

Last by not least, the Government of Pakistan must reinvigorate genuine efforts to build a tolerant and cohesive society, and break the impression that there is "organized intolerance toward religious minorities in Pakistan" as was denied by the Government during the interactive dialogue.

Footnotes

[1] As illustrated by the successive missions by the human rights commissioner, the Special Rapporteur on the independence of judges and the working group on enforced disappearance in 2012.