HRCP hails event

Press Release, August 18

 

Lahore: While hailing General (R) Pervez Musharraf’s resignation from presidentship as the logical result of the people’s verdict of February 18, the Human Rights Commission of Pakistan (HRCP) has stressed the sobering effect of the development and reminded the coalition partners that satisfaction of the people’s heightened expectations will now demand greater sincerity and resoluteness than before. In a statement issued here today, the HRCP chairperson, Asma Jahangir, said:

 

Although General (R) Musharraf’s decision to quit before getting impeached will be considered one of his rare acts of kindness to the people, no tears will be shed for him. If he really cared for Pakistan as much as he claimed in his long peroration today, he should have resigned much earlier, as soon as the February 18 results were out. Indeed he might well have desisted from subverting the constitution nine years ago. But while the coalition partners and the people at large have good reason to celebrate their victory, the present is a sobering moment. Now the people’s expectations, already high after February 18, will soar even higher. The government will be tested to the extreme in meeting these expectations. Unity of democratic forces, effective supremacy of parliament, and consolidation of institutions of governance, the judiciary foremost among them, will be essential for pulling the state out of the mire created by a dictatorship. The issues that will brook no delay are: steps to fight ongoing insurgency in the north and the plight of the internally displaced persons as a result thereof; a crash programme to deal with the economic crisis, especially the rising cost of living and unemployment; and the urgency of guaranteeing the security of life and liberty. The people also must not forget that constant vigil is the price of liberty. And of progress too.

 

Asma Jahangir

Chairperson

Redeem all your pledges, says HRCP

Press Release, August 8

 

Lahore: Commenting on their Thursday’s decisions, the Human Rights Commission of Pakistan (HRCP) has called upon the members of the ruling coalition to redeem all their pledges to establish democracy and supremacy of parliament, restore judges and the independence of the judiciary, and secure the people’s release from grinding poverty and unemployment, with the seriousness that their obligation demands. In a statement issued here today HRCP Chairperson Asma Jahangir said:

 

On Thursday the leaders of the coalition parties stopped their gyrations and chose to move in a direction the people can recognize and understand. It was time they did so and arrested the process of the citizens’ frustration at lack of the new government’s interest in honouring the electorate’s unmistakable verdict of February 18. They will be forgiven their dithering over several precious months if they redeem their pledges with the seriousness and the sense of urgency their responsibilities demand. These pledges are: a complete break from authoritarianism, transition to democratic governance and establishment of the supremacy of parliament; restoration of judges and independence of the judiciary; and a concerted campaign to alleviate the socio-economic plight of the people, especially to secure their release from grinding poverty, unemployment and the various forms of denial of their basic rights and freedoms. For the citizens elections and change of regime are not meant to provide only for the advancement of a few, nor are they matters for academic quibbling or rhetorical flourishes, these are merely mile posts on their journey towards freedom, security and prosperity. The coalition leaders’ earnestness in resolutely pursuing the course they have chosen alone will guarantee them the public support without which the state cannot achieve anything. Besides, no political arrangement can survive by adding fresh pledges to older, unfulfilled commitments. The conseques of allowing the latest resolution to meet a fate similar to that of the Charter of Democracy or the Murree Declaration will be too dreadful to be imagined.

 

Asma Jahangir

Chairperson

SAARC states urged to attend to people’s rights and needs

Press Release, July 31

 

Lahore: While welcoming the SAARC Summit in Colombo (August 2-3, 2008), the South Asians for Human Rights (SAHR), a regional body of human rights activists, has commended the SAARC governments’ decision to address people’s daily concerns – food, water, energy and environment, and urged the member states to ensure social justice by ensuring the promotion of people’s fundamental rights.

 

In a statement issued by the SAHR chairperson and co-chairperson, Mr. I.K. Gujral (India) and Dr. Hameeda Hossain (Bangladesh), the organization drew SAARC members’ attention to several grave situations in the region. It said:

Text of proposed constitutional package

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We are sharing with you the complete text of the proposed constitutional package so that you may also be able to examine it according to your perception and further be able to use it for research and reference usage.

 

You might also like to see our previous blog post “HRCP’s study of the proposed constitutional package” for our comments and input.

 

 

POINTS FOR DECISION

The provisions of the following Articles are subject to Decision after consu1tation with the Coalition Partners

(1) Tenure; of Judges (Article 179 and 195)

(2) Article 243 and 243A.

(3) Restoration of Judges (270CC)

(4) Validation of Ordinances (Article 270AAA)

Draft

Note: This is not a Sacrosanct Document and can be changed or altered  by Coalition Partners in the Parliament and others.

A Bill further to amend the Constitution of the Islamic Republic of  Pakistan Whereas it is expedient further to amend the Constitution of the  Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

HRCP’s study of the proposed constitutional package

Press Release, June 7, 2008

 

The Human Rights Commission of Pakistan has studied the proposed constitutional package floated by the Pakistan People’s Party. There is no doubt that the present Constitution, which contains several amendments, particularly those inserted through the brute force of dictators require wide ranging amendments so that the country can embark on a constitutional rule. At the same time, the package does not fulfill a number of requirements and is tailored to suit the interests of the current set-up, rather than to deepen democratic governance. HRCP wonders how the PPP proposes to secure support to their package as clearly they do not have the two-thirds required for Constitutional amendments. As such the few pressing issues, including of the restoration of the judges will painfully linger to the detriment of the country and the democratic transition.

 

There are a number of positive amendments. The change of name of NWFP to Pakhtoonkhwa, the demise of Article 58(2) B, reserved seats for minorities in the Senate and the restoration of the executive authority with the Prime Minister are steps in the right direction. HRCP also welcomes the amendments regarding the selection and appointment of judges to the superior courts and in restricting sitting judges from taking on other high official assignments. There is though a contradiction. Sitting judges cannot be appointed as a Chief Election Commissioner or to other non-judicial posts but can still be members of the Election Commission.

 

HRCP rejects the requirement of the Prime Minister of being a Muslim as added by the Package amendment to Article 91. It is disappointing that a party who prides on its democratic credentials should discriminate amongst citizens on the basis of religion. The package has also not touched upon Articles 62 and 63, that require members of the parliament to be “pious” and their qualification is based on vague and subjective criteria of the “goodness” or otherwise of an individual. Similarly, the restriction on the election of a person for more than two terms to be Prime Minister is kept intact.

 

The suo motu powers of the Federal Shariat Court to take up any law and strike it down, as being repugnant to Islam is being kept intact, while the original jurisdiction of the Supreme Court to hear matters of public importance with reference to the enforcement of Fundamental Rights is severely curtailed by the Package. Under it, the Supreme Court can only pass a declaratory order under its inherent powers and will be not be able to enforce its rulings providing relief to the victims. HRCP is mindful that judges must act and select cases of “public importance” with due care and through well-reasoned judgments, yet the Package amendment will be a serious blow to the enforcement of fundamental rights of vulnerable groups and individuals in Pakistan.

 

HRCP rejects the wording of “reappointment” of the pre 3^rd November judges as recommended under Article 270 CC of the Package. It could also be misconstrued especially as the two consecutive terms of the Chief Justice appear to have been deliberately kept vague. As such the Package leaves an impression that the formula of minus-one and plus-one has been adopted, which has firmly been rejected by the lawyers community and civil society. It will lead to a worse judicial crisis that will have long-term repercussions.

 

The intention of the package appears to undermine the independence of the superior courts. The composition and powers of the Judicial Commission are arbitrary. The Commission has the potential of turning itself into a menacing watchdog rather than an impartial tribunal. By allowing, the Judicial Commission to make a code of conduct for the superior judiciary the authors of the Package have subjugated the Supreme and High Courts to a body of retired persons. The requirement of Commission members to be “non-politicized” is vague and absurd. Who decides what is “non-politicized” and how can any person of knowledge and standing be politically empty? HRCP is amazed that a political party should frown upon anyone who is “political” and prefers to hand their destiny in the hands of those who are bankrupt of political thought. Such train of thinking usually originates from military bases rather than from political parties.

 

HRCP hopes that the PPP will take on board the suggestions made to it by all political forces and make clear decisions on the Constitutional direction it wishes to pursue. Priorities must be set as several issues are at stake and must be resolved through the Parliament, but the Package must not keep all of them hostage to a collective decision in a single Package. The present draft of the Package is totally unconvincing, both in its intent and substance, in dealing with the political crisis left behind by Musharaf and his military predecessors.

 

Asma Jahangir

Chairperson

HRCP expresses support for the Long March

Press Statement, 6 June 2008

 

Karachi: Co-Chairperson of Human Rights Commission of Pakistan, Senator (R) Iqbal Haider, has expressed wholehearted support of HRCP to the lawyers movement for restoration of the judges, independence of judiciary & rule of law. He has assured the lawyers community of participation of HRCP, its office bearers & members in the “Long March” of the lawyers from Multan to Islamabad, for achievement of the said noble causes, which are imperative for the protection of the human rights and national interest.

 

Mr. Haider stated that there is no tenable reason or justification for connecting the restoration of the judges of the superior courts and their Chief Justices with the Constitutional Package.

 

Mr. Haider emphasised that the delay in restoration of the judges as was committed by the Shaheed Chairperson, Muhtarma Benazir Bhutto as well as in the Murree Declaration, is not in the interest of the country or of the ruling coalition parties, because this delay is promoting unrest and uncertainty in the country and jeopardizing & harming functioning, image and credibility of the Federal Government and its coalition parties. The Government should realize the importance of this issue and the earlier the judges are restored unconditionally, the better it would be for the coalition partners in the Government, as well as in the interest of the people.

 

Senator (R) Iqbal Haider, Co-Chairperson

HRCP delegation met with the Chief Minister of Sindh

HRCP delegation met with the Chief Minister of Sindh

 

HRCP has been holding consultations on human rights issues confronting the country. With a new democratically elected government in power, HRCP believes it is time to share concerns and proposals with political leaders.

 

Therefore, a delegation of the Human Rights Commission of Pakistan headed by Iqbal Haider, Co-Chairperson HRCP, comprising of Uzma Noorani, Asad Iqbal Butt, Sindh Council Members of HRCP, and Ejaz Ahsan, Program Coordinator, HRCP had a meeting with Mr. Syed Qaim Ali Shah, Chief Minister of Sindh at CM House on June 5, 2008.

 

HRCP delegation shared a copy of policy statement of HRCP on critical issues of human rights, for the consideration and support of PPP leadership . This policy statement was adopted by the General Body at HRCP’s Annual General Meeting held recently.

 

CM promised moving necessary resolutions and bill for legislation wherever required, for expeditious implementation of the recommendations of HRCP on human rights issues.

 

HRCP also expressed concern over marrying off 15 under-age girls to settle tribal dispute through a jirga held in Chach village, Kashmore-Kandhkot and demanded that the provincial government take immediate action against all those responsible for the illegal and inhuman decisions and ensure immediate release of the minor girls.

 

Iqbal Haider also presented the recently published, Annual Report of HRCP “State of Human Rights in 2007″ to the CM.

 

Policy Statement of HRCP

Speech of Muneer Malik, former president of Pakistan Supreme Court Bar Association at the award ceremony at South Korea

FOR IMMEDIATE RELEASE, AHRC-ANM-006-2008
June 2, 2008

An Announcement by the Asian Human Rights Commission

 

ASIA: Speech of the Mr. Muneer Malik, former president of Pakistan Supreme Court Bar Association at the award ceremony at Gwangju at South Korea

 

We wish to share with you the following speech of Mr. Muneer Malik, delivered on his acceptance of the Gwangju Prize for Human Rights. He received the human rights award on May 18, 2008 on the occasion of the 518 International Solidarity Program, held in commemoration of the great people’s movement in Gwangju, South Korea against the military dictatorship and for democracy.

 

Valedictory Speech of Munir Malik

Human rights have suffered in Pakistan

Press Release, March 13

Lahore: The situation of human rights and of human rights defenders in Pakistan has seriously deteriorated over the past year, according to the Paris-based International Federation for Human Rights (FIDH).

FIDH said this in a communiqué following a recent fact-finding mission in Pakistan in collaboration with the Human Rights Commission of Pakistan (Feb 24-Mar 3) to assess the situation of human rights and of human rights defenders in the country.

FIDH said that among the most flagrant human rights violations that the mission documented were “enforced “disappearances”, generalised attacks against civilian population during popular gatherings, or during military operations, repression of movements seeking recognition of their identity, in particular in Balochistan, deterioration of the condition of women, discrimination against religious minorities, restrictions to the freedom of the media, persecution, summary and arbitrary arrests of human rights defenders”.

FIDH faulted US interference in Pakistan for the deterioration. “Many of those attacks are committed under the guise of the fight against terrorism, with the active support of the United States. The interference of this foreign power in Pakistan contributes in a significant way to the deterioration of human rights in the region.”

The mission called for an immediate release of the Supreme Court Chief Justice and his family; reinstatement of deposed judges; respect for the physical and psychological integrity of all Pakistani human rights defenders; and respect for the independence of the judiciary.

The mission called upon the political parties emerging as significant players after the February 18 elections to work for the rule of law in Pakistan, through human rights protection, non-discrimination, notably based on gender or the religion and freedom of expression.

Iqbal Haider

Secretary-General

Black Flag Hoisting Ceremony held at the residence of the Secretary General of HRCP

Black Flag Hoisting Ceremony held at the residence of Mr. Iqbal Haider, the Secretary General of HRCP, March 10, 2008

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Endorsing the call of Barrister Aitzaz Ahsan, President Supreme Court Bar Association to commemorate the Black Flag Week in and outside Pakistan from March 9 – 16, 2008, and to express HRCP’s solidarity with the lawyers’ movement, the Black Flag Hoisting Ceremony was held at the residence of Mr. Iqbal Haider, the Secretary General of HRCP on Monday, the 10th of March 2008 at 05:00 pm.

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Prominent among the participants were Ms. Zohra Yusuf, Vice Chairperson, HRCP Mr. Asad Iqbal Butt, Council Member HRCP, Ms. Uzma Noorani, Council Member, HRCP, Mr. Roland D’Souza, Council Member, HRCP, Mr. Manzoor Razi, Railway Workers Union, Mr. Liqauat Sahi, Democratic Workers Union of State Bank, Mr. Ayub Qureshi, National Party, Mr. Rahat Saeed, Irtiqa Foundation, Dr. Riaz, International Socialist Party,  Mr. Akhter Baloch, Mr. Kamran Noorani, Mr. Riaz of Shirkatgah, Mr. Jan Alam of  PPP, Mr. Ali Yawar, Mr. Abdul Hai, Mr. Jawed Iqbal Burqi, Ms. Tarranum Khan and Mr. Muhammad Ejaz Ahsan, Program Coordinator of HRCP.