Persistence of Enforced Disappearance

Enforced disappearances continue to be a critical human rights issue in Pakistan. The Committee raised concern over the widespread practice of enforced disappearance, particularly in Balochistan, being used as a part of the State’s anti-terrorism policy and as a tool to repress protestors, journalists and minorities. Questions were also asked about the effectiveness and independence of the Commission of Inquiry on Enforced Disappearances. While the delegation claimed certain progress made by the Commission in addressing reported cases, the Committee pointed out that the government of Pakistan did not disclose information about its members and financing despite the Supreme Court ruling of January 2024.

Concerns were also expressed over cases of short-term disappearances, where individuals are allegedly abducted, held outside the legal framework, and later reappear facing charges in military courts. Requesting information about concrete actions taken, including investigations, prosecutions, convictions and sentences handed down as well as remedies provided for the families of disappeared, the Committee underscored the need for legal reforms to explicitly criminalise enforced disappearances within Pakistan’s legal framework, in particular in the criminal code.

Discrimination and violence against LGBTIQ+

While pointing out that the Constitution of Pakistan does not provide comprehensive protection against all forms of discrimination, the Committee expressed concern that same-sex relations were criminalised by the Penal Code of Pakistan. Cases of discrimination and violence against LGBTIQ+ persons seemed to be increasing, although many cases remained unreported due to fear of further persecution and mistrust in law enforcement, while the level of impunity was disturbingly high.

Questions were also raised particularly regarding the situation and rights of transgender persons. A Committee member was deeply concerned over the May 2023 Federal Sharia Court decision declaring self-perceived identity and inherent rights for transgender persons incompatible with principles of Islam, which further fuelled hate speech, discrimination and violence against them. Committee’s questions in this regard remain largely unanswered by the delegation.

Increasing religious intolerance and the blasphemy law

Review of Pakistan by the Human Rights Committee in Geneva, Switzerland

The Committee expressed grave concern over the deteriorating situation of the religious freedom amid rising religious radicalism and increasing intolerance, discrimination and violence against religious minorities. This includeddiscriminatory legislations and persecution such as through the Criminal Law Amendment Act of 2023, lynching, mob attacks and targeted killings, forced conversions, desecration of places of worship and cemeteries, and accusation of blasphemy. In doing so, the Committee also highlighted the recent threat issued by the TLP to the Chiniot district administration to destroy Ahmadi mosques and graves.

The fact that blasphemy was still a capital offence in Pakistan as well as the misuse of the blasphemy law, and the impact of the blasphemy accusations, especially in inciting violence against the accused were also particular issues addressed by the Committee. Several questions were posed by Committee members to the delegation in this regard, especially concerning measures taken to repeal or amend blasphemy law, to ensure proper and rapid police investigation before consideration of blasphemy accusation and to deal with hate speech and hate crimes against religious minorities.

Moreover, referring to the case of a student convicted of blasphemy, who has reportedly been in solitary confinement since 2014 and was sentenced to death in 2019, it was asserted by Pakistan that solitary confinement was necessary to protect individuals accused of blasphemy due to threats in the general prison population. However, the Committee pointed out that it ran afoul of the Mandela rules and could be regarded as torture.

Regrettably, despite numerous questions raised by the Committee, no concrete answer was given by the delegation during the review.

Watch the dialogue again here (part 1) and here (part 2).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue.

Recommendations of the Human Rights Committee

The Concluding Observations on Pakistan’s second periodic report were released on 7 November, 2024. The State party is requested to provide, by 8 November, 2027, information on the following recommendations (summarized):

Counter-terrorism measures

Recalling its previous recommendations, the Committee urged the State party to review the Anti-Terrorism Act 1997 to ensure the definition of terrorism is clear, precise, and adheres to principles of legality and legal certainty. The Act should be amended to remove antiterrorism courts’ jurisdiction over juvenile offenders and include procedural safeguards in line with articles 14 and 15 of the Covenant. The State party must ensure that the Act and other counter-terrorism laws are not misused to unjustifiably restrict Covenant rights, such as life, liberty, and freedom of expression, or to target human rights defenders, minorities, journalists, or activists.

Independence of the judiciary

The Committee urged the State party to ensure the independence, impartiality, and safety of judges and prosecutors by aligning judicial frameworks with the Covenant and international standards through transparent consultations. It called for measures to prevent political pressure or interference and to ensure fair judicial appointment and disciplinary processes. Adequate resources should also be allocated to strengthen the justice system.

Freedom of expression and safety of journalists and human rights defenders

In accordance with article 19 of the Covenant and general comment No. 34 (2011), the State party should:

• (a) Ensure the right to freedom of expression online and offline by repealing restrictive legislation, ending undue measures like internet shutdowns, and establishing an independent body to oversee censorship decisions.
• (b) Avoid adopting laws like the E-Safety Authority Bill 2023 or measures such as a nationwide firewall and ensure broad consultations with stakeholders.
• (c) Decriminalize defamation and prevent the misuse of sedition and counter-terrorism laws to silence dissent.
• (d) Investigate and prosecute cases of enforced disappearances, torture, or killings of journalists and activists, ensuring victims receive reparations.
• (e) Guarantee the safety and independence of journalists, human rights defenders, and civil society actors.
• (f) Foster a pluralistic media landscape by implementing the Protection of Journalists and Media Professionals Act 2021 and establishing its associated commission.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Pakistan on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.