+92 42 3586 4994

hrcp@hrcp-web.org

+92 42 3586 4994

hrcp@hrcp-web.org

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Publications

Making Elections Credible

Elections in Pakistan are a contested subject, with the losing side invariably questioning the election’s outcome. The role of undemocratic forces in manipulating the election results has now been established beyond a doubt, putting the integrity of the whole exercise under question. Since elections play a vital role in the strengthening of democracy by letting the people express their will through their votes, this lack of credibility has had serious conse- quences for the country’s political stability. It would not be incorrect to say that unelected forces in Pakistan consider the electoral sys- tem as a mere tool to fulfill the claims of procedural democracy, which effectively does little to change the balance of power in favour of elected people. The Human Rights Commission of Pakistan (HRCP) has remained committed

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The Ailing Prisoner

In a country where the health sector in general has not been a priority of successive governments, healthcare for prisoners has fared worse. The prison service in Pakistan is arguably one of the most neglected public sectors. Our criminal justice system, parts of which still exist as ossified remnants of colonial times, imagines prisons asplaces that redress crimes against society at best and not as places that rehabilitate inmates into productive citizens, least of all heal them of the negative impact of committing crime. On top of that, many of Pakistan’s central and district jails are overcrowded, with a significant majority of prisoners being under trial, while their medical facilities are inadequate. There is a constant influx of individuals who are addicted to drugs with precarious health conditions which further burdens the fragile prison healthcaresystem. Former inmates also report abuses of human rights in prisons as, barring some exceptions, the manner in which custodial staff members deal with captive populations across Pakistan is bereft of compassion. Corruption among the prison staff and impunity for their conduct impacts the grant of health facilities; bribery can buy certain privileges while the poor prisoners are deprived of their rightful share. Moreover, the doctors

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LEGISLATION WATCH CELL

Custodial torture is endemic in Pakistan’s criminal justice system and commonly perceived as an unofficially sanctioned component of investigation. It is used routinely to extract evidence—despite this being prohibited under Article 14(2) of the Constitution—and as an alternative means of punishing individuals in custody. In Pakistan, public officials, including law enforcement agencies and security forces, are known to employ torture and other cruel, inhuman and degrading treatment or punishment against people in their custody, regardless of the victim’s age, gender or health.

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HRCP general body calls for consensus on civilian autonomy, climate justice and land rights

Karachi, 17 November 2024. On concluding its 38th annual general meeting, the general body of the Human Rights Commission of Pakistan (HRCP) draws urgent attention to deteriorating human rights and weakening democracy. It strongly opposes the proposed amendment to the Anti-Terrorism Act 1997 that seeks to authorize the armed forces and civil armed forces to employ 90-day preventive detention. Where the state should be focusing on efforts to uphold the rule of law, reduce violence against women, children and transgender persons, protect the rights of workers and peasants, and fulfil people’s right to health and education, it has instead prioritized its own authority at the expense of democratic norms and people’s fundamental rights. HRCP calls on all political parties to reach a consensus on civilian autonomy and guarding federalism. The government must focus on strengthening trade unions and seriously consider instituting a living wage, especially for vulnerable workers. HRCP also believes that the provision of healthcare and education is the duty of the state. Student unions must be restored and special attention paid to the plight of incarcerated fisherfolk, stateless persons and rising suicides triggered by poverty, particularly in Thar. The contentious provincial labour codes must be revisited in consultation

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Constitutional Cover for Local Governments

Citizens consume governance directly at the local level; local governments serve as agencies responsible for delivering vital services. However, despite citizens’ repeated demands and over a dozen court verdicts,1 localgovernments in Pakistan have remained, at worst, non-existent, at best, patchy, invariably denied adequate resources through the Provincial Finance Commissions. Irrespective of which political party has been inpower, provincial governments have remained reluctant to empower local tiers of government, often perceiving them unnecessarily as rivals for financial resources and political power. The Human Rights Commission of Pakistan (HRCP) has long recognised that effective, representative and well-resourced local governments are an important measure of the health of a democracy. Drawing on existingconstitutional provisions and international best practices, this policy paper attempts to provide a context for HRCP’s advocacy as well as proposing amendments to Article 140-A of the Constitution, which provides brieflyfor local governments as a responsibility of the provinces, but goes no further in terms of what local governments are responsible for and how their scope of responsibilities should be safeguarded—a criticism levied by many political experts.

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