Geneva, Nov 28 The UN High Commissioner for Human Rights Volker Turk on Friday raised serious concerns over Pakistan’s new constitutional amendments, warning that they counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in the country.
In a statement, Turk stated that the latest constitutional amendment, like the 26th Amendment, had been adopted without broader discussion with the legal community and people of Pakistan.
According to the changes adopted on November 13, a new Federal Constitutional Court (FCC) has been granted powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases.
"These changes, taken together, risk subjugating the judiciary to political interference and executive control. 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," he said.
Turk added: "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."
Pakistani President Asif Ali Zardari signed the 27th Constitutional Amendment Bill on November 13, following its approval by both houses of Parliament. With his assent, the bill has now become part of Pakistan's Constitution.
The amendment grants lifelong immunity to the President, Field Marshal, Marshal of the Air Force and Admiral of the Fleet from criminal proceedings and arrest, according to the statement.
Volker Turk stated, "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."
"I am concerned that these amendments risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear,” he added.
Last week, the Human Rights Council (HRC) of Pakistan condemned the "illegal arrest and five-hour detention" of its member Farwa Askar and Pakistani journalist Alifia Sohail.
According to the rights body, the arrest took place outside the Karachi Press Club during a "peaceful" protest against the country's 27th Constitutional Amendment on November 21. It termed the incident a grave violation of freedom of expression and human rights.
"Alifia Sohail is a prominent journalist who has fearlessly reported on social issues, while Farwa Askar is a human rights activist who has been struggling to protect fundamental rights in Pakistan. Their arrest and illegal detention is not only a violation of the Constitution of Pakistan but also a reprehensible attempt to suppress journalism and the human rights movement," the HRC Pakistan stated.
The rights body demanded an immediate investigation into the officers involved in the arrest and insisted they be punished.
It also urged the authorities to respect the rights of citizens peacefully protesting against the 27th Constitutional Amendment and to ensure the safety of journalists and human rights activists so that they can carry out their work without fear.
On November 18, the joint opposition alliance of Tehreek Tahaffuz-e-Ayeen-Pakistan (TTAP) carried out a protest rally from Parliament House to the Supreme Court in Islamabad against the 27th Constitutional Amendment.
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