Islamabad [Pakistan], December 23 : The Human Rights Commission of Pakistan (HRCP) recently raised alarm over the newly passed Peaceful Assembly and Public Order Act 2024, which was fast-tracked through Parliament in just four days.
According to the Commission, this law severely undermines the right to peaceful assembly, a fundamental freedom already subjected to extensive and often restrictive regulations in the country.
The HRCP's statement on X highlights the law's potential to stifle citizens' ability to exercise their democratic rights, creating what it describes as a "chilling effect" on fundamental freedoms.
The HRCP's latest report, the eighth in its Legislation Watch Cell series, critically examined the implications of this new legislation. The Commission argued that the law is a direct violation of citizens' right to freedom of peaceful assembly as guaranteed under Article 16 of Pakistan's Constitution. It also contravenes international law and establishes best practices in democratic societies.
Key concerns raised by HRCP include the law's provision that forces public assemblies into designated areas, often far from the intended audience, rendering them less impactful and effective. This provision, HRCP argues, effectively renders public protest powerless by limiting the ability to draw attention to key issues.
Furthermore, the Act imposes a burdensome permission regime that makes spontaneous assemblies nearly impossible. The law requires organizers to seek prior approval from authorities, a process that gives local district magistrates wide-ranging powers to revoke or alter permissions, even after approval has been granted. This leaves organizers in a constant state of uncertainty, with the risk of last-minute cancellations or prohibitions.
Perhaps most concerning, according to HRCP, are the severe penalties it imposes on participants of 'unlawful' assemblies, a vague term with no clear definition in the law. The Act also gives law enforcement broad discretion to use force in dispersing gatherings, with no clearly defined criteria for when such force may be deemed necessary.
HRCP's report paints a stark picture of how the Peaceful Assembly and Public Order Act 2024 could significantly undermine Pakistan's democratic space. By effectively criminalizing public protest and giving authorities unchecked powers to control assembly, the law appears poised to curtail civil liberties and weaken the democratic fabric of the nation. HRCP calls for a thorough review of the legislation to ensure it does not infringe on the rights of Pakistan's citizens or violate international human rights standards.
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