The International Commission of Jurists (ICJ) today welcomed the UN Human Rights Committee’s Concluding Observations and recommendations on Pakistan following the Committee’s review of the country’s second periodic report under the International Covenant on Civil and Political Rights (ICCPR).
The ICJ also urged the Pakistani authorities to implement the recommendations to ensure compliance with Pakistan’s human rights obligations under the ICCPR.
The UN Human Rights Committee, the treaty-monitoring body that oversees States’ implementation of and compliance with the ICCPR, reviewed for the second time Pakistan’s human rights record under the Covenant on 17 and 18 October 2024.
It issued its “Concluding Observations”, along with its recommendations, yesterday, on 7 November 2024. The Committee’s Concluding Observations are highly authoritative and highlight the Committee’s concerns and make recommendations to Pakistan on improving the implementation of the ICCPR.
The Committee recommended that Pakistan should take certain measures, including:
- Abrogate the jurisdiction of military courts over civilians and bring their proceedings into full conformity with the right to a fair trial;
- Release on bail all civilians detained under the jurisdiction of military courts;
- Criminalize all forms of enforce disappearances, including those of short duration;
- Ensure all allegations of enforced disappearances and extrajudicial killings are promptly and thoroughly investigated; all perpetrators are prosecuted and punished with penalties commensurate with the crimes’ gravity;
- Assess the mandate of the Commission of Inquiry on Enforced Disappearances and the impact of its work, with a view to ensuring an institution that is fully independent, impartial, transparent and effective in advancing access to justice;
- Uphold and strengthen the provisions of the Transgender Persons (Protection of Rights) Act 2018, and repeal or refrain from adopting any legislative or other measures that limit the scope of protection of the Act;
- Adopt comprehensive legislation prohibiting discrimination, and ensure access to effective and appropriate remedies for victims;
- Put an end to irreversible and invasive medical interventions, especially surgical operations, on intersex children unless such interventions constitute an absolute medical necessity; and
- Ensure the death penalty is provided only for the “most serious crimes” involving intentional killing.
In September 2024, the ICJ made a submission on Pakistan to the Human Rights Committee in advance of its review.
In its submission, the ICJ raised concern about:
- The continuing practice of enforced disappearances, including “short-term disappearances”, and the ongoing impunity for cases of enforced disappearances;
- The inadequate mandate and functioning of the Commission of Inquiry on Enforced Disappearances;
- The incompatibility of military trials of civilians with the right to a fair trial;
- The impunity for human rights violations against transgender people and other gender and sexual minorities; and
- The irreversible and invasive medical interventions, especially surgical operations, on intersex children.
The Human Rights Committee’s Concluding Observations and recommendations on Pakistan reflect the ICJ’s concerns.
Contact
Livio Zilli, ICJ Senior Legal Advisor and UN Representative (Geneva), e: livio.zilli(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan, e: reema.omer(a)icj.org
Background
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010.
Following ratification/accession, every State party to the ICCPR is required to submit periodic reports containing information on the implementation of each provision of the treaty.
Pakistan submitted its second periodic report in June 2022. In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepared a List of Issues containing particular issues of concern to the Committee, and asking questions it saw fit in light of those concerns.
The answers provided by the State party to these questions, as well as other information submitted by civil society and others formed the basis of the “review” of the State’s compliance with the treaty, which was carried out on 17 and 18 October by the Human Rights Committee in Geneva, Switzerland.
During the review, the Committee met with Pakistan’s delegation, headed by Malik Ahmed Khan, Speaker of the Punjab Assembly, who presented answers to the List of Issues and responded to the Committee’s questions.