On this International Women’s Day, the Human Rights Commission of Pakistan (HRCP) commends the resilience of working women in the face of harmful misogynistic attitudes and unprecedented economic instability. However, it is gravely concerning that Pakistan continues to lag behind global economies in addressing chronic gender disparities.

According to the 2023 Global Gender Gap Index, Pakistan ranks 143rd out of 146 countries for women’s economic participation and opportunity. The 2020-21 Pakistan Labour Force Survey also found that women account for only 23.5 percent of the total labour force despite constituting a significant 49.4 percent of the working-age population. Moreover, women, particularly Christians and Hindus, are continuously denied their rightful inheritance due to a lack of implementation of laws guaranteeing their rights.

More inclusive measures to ensure women’s right to vote and contest elections must also be enacted for true political representation. The state must further take actionable steps to provide more economic opportunities for women, protecting their right to work in a dignified environment free from harassment and with equal pay. Working women are the backbone of global economic development; their inclusion in Pakistan’s workforce must be encouraged regardless of whether they are married or unmarried.

Finally, HRCP demands the state pay heed to the rights of incarcerated women, many of whom suffer in jails with poor hygienic conditions, little access to healthcare and limited economic recourse for legal representation. The state must do more to uphold their rights, including their right to due process under the law in cases of under-trial female prisoners who have yet to be produced before courts. The demands of Baloch women calling for the return of their disappeared loved ones must be met as well. Pakistan’s international obligations and commitment to meeting the Sustainable Development Goals mandates gender equality be upheld in every sphere.

Asad Iqbal Butt
Chairperson

The post HRCP demands measures for women’s economic empowerment and gender parity appeared first on Human Rights Commission of Pakistan.

31 October 2023

Excellency,

Re: Open letter calling for the protection of Afghan refugees in Pakistan

The Human Rights Commission of Pakistan (HRCP) is greatly concerned by the Pakistan government’s decision to expel all undocumented foreigners by 1 November 2023, the bulk of whom comprise Afghan nationals. HRCP strongly believes that this decision—which will apply to an estimated 1.7 million Afghans—could trigger a humanitarian crisis. The decision amounts to forced repatriation, which is not recognised under international customary law, and will invariably affect vulnerable refugees and asylum seekers, which include women, children, the elderly, persons living with disabilities, persons from low-income groups, and Afghans at risk because of their professions—many of whom fled Afghanistan after the Afghan Taliban took over the government in August 2021.

Despite drawing criticism from human rights organisations and networks, the government has shown no signs of reconsidering this decision, having gone so far as to prevent prominent members of civil society from expressing their views on this matter at public events. The interior minister Sarfraz Bugti has also made it clear that this phase will be followed by the deportation of foreigners with legitimate documents, including Afghans with proof-of-residence cards. Press reports indicate that 77 Afghan refugees with legitimate documents have already been deported from Khyber Pakhtunkhwa ahead of the 1 November deadline. Additionally, HRCP has received worrying reports of Afghan refugees having been harassed, intimidated, extorted and arrested by law enforcement personnel, following the government’s original announcement.

While HRCP recognises that the government may have legitimate security concerns tied to a small number of foreign nationals resident in the country illegally, we believe that humanitarian concerns must override security interests. Moreover, such decisions do not fall within the mandate of an unelected caretaker government. We also believe that refugees and asylum seekers should be allowed to thrive along with their hosts and that the rights of both are not mutually exclusive.

Regrettably, Pakistan is not a signatory to the 1951 Refugees Convention, lacks a national asylum system and addresses issues related to Afghan refugees through ad hoc and discretionary policies. However, the country is bound by the universally binding customary law of non-refoulement, which prohibits deporting anyone to a place where they would face a real risk of persecution, torture, ill treatment, or a threat to their life. This includes an obligation not to pressure individuals, including registered refugees, into returning to places where they face serious risk of such harm. HRCP believes that the Pakistan government’s actions in this context amount to violations of international customary law, given that the prevailing circumstances in Afghanistan are not at all conducive to the safe return and reintegration of vulnerable refugees and asylum seekers.

We strongly urge the Office of the United Nations High Commissioner for Refugees to call on the Pakistan government to:

1. Immediately extend the 1 November deadline, giving all undocumented refugees and asylum seekers the chance to obtain legal documentation of their status.
2. Ensure that no migrants, refugees or asylum seekers with legitimate documentation are expelled without just cause.
3. Ensure that all refugees and asylum seekers, whether undocumented or otherwise, are treated with dignity and not subjected to harassment or intimidation under any circumstances.
4. Categorise refugees and asylum seekers based on their vulnerability, and facilitate their access to documentation of their status in collaboration with the United Nations Refugee Agency and International Organization for Migration.
5. Devise and implement a rights-based domestic policy on refugees enabling repatriation that is voluntary, complies with international standards of dignity and safety, and is based on informed consent for return and reintegration.
6. Revisit the Foreigners Act 1946, which is a colonial remnant and flawed piece of legislation, and replace it with a more progressive law that protects the rights of noncitizen residents.
7. Sign the 1951 Refugees Convention and the 1967 Protocol Relating to the Status of Refugees.

Yours sincerely,

Hina Jilani
Chairperson

Cc. His Excellency António Guterres, United Nations Secretary-General
His Excellency Volker Türk, United Nations High Commissioner for Human Rights

The post Open letter calling for the protection of Afghan refugees in Pakistan appeared first on Human Rights Commission of Pakistan.

On 28 May 2024, a fact-finding mission led by the Human Rights Commission of Pakistan (HRCP) visited Sargodha. The mission comprised Maheen Pracha (staff member), Asad Jamal (lawyer and human rights activist) and Yaqoob Khan Bangash (academic and human rights activist). They met local religious, community and political leaders from the Christian community, senior police officers, members of the victim’s family, and various residents of Mujahid Colony. The mission’s terms of reference were to:

– Ascertain the facts of the case, including what triggered the mob, what allegations were made and against whom, the basis for these allegations, the mobilization of the mob, the extent of violence, and the response of law enforcement teams.

– Investigate the persecution of the Christian community and Christian-Muslim relations in the area before the incident.

– Assess the role of the civil administration and law enforcement agencies, with a special focus on steps taken to ensure the safety of religious minorities following simmering religious tension in Maryam Town, Sargodha, in September 2023.

– Probe persistent underlying religious and political tensions that may have instigated violence against the Christian community and steps taken by authorities to resolve these tensions.

– Evaluate the sense of insecurity among the Christian community and precautionary measures taken by them.

– Investigate claims of deviation from due process while lodging FIRs against Christian community members following this violent episode.

– Assess (a) the reasons for the Punjab government’s efforts to seemingly downplay the incident and (b) the efficacy of such a strategy.

The post Allegations of blasphemy and mob violence in Mujahid Colony, Sargodha appeared first on Human Rights Commission of Pakistan.

Unfortunately, the political and economic scenario was not as optimistic. As the governments tried to negotiate kinder deals with international lenders, the economy took a nosedive. Inflationary pressure made ordinary people’s lives more difficult; businesses were stalled, leading to unemployment and poverty.

It was a year of political unrest and instability, exposing the fragile moorings of our democratic system like never before. The legislature and executive struggled with a crisis of credibility, and the judicial overreach, instead of solving the ensuing constitutional and political crises, only made matters worse. Draconian colonial-era laws continued to be used, as generously as before, against political opponents throughout the year. Moreover, people’s rights to privacy and dignity were violated in the form of audio and video leaks, with no one taking the necessary steps to fix responsibility for undertaking this illegal invasion of privacy and seeking accountability from those found responsible for such acts.

Resurgence of terrorism and the fact that the year witnessed the highest number of terrorist attacks in five years is of serious concern.

It was indeed the most inopportune time for the climate-change induced catastrophic floods to strike all four provinces of the country as well as Gilgit-Baltistan in July, with devastating consequences for individual lives, livelihoods, agricultural land and houses, education and health. These losses overburdened the reeling economy in the last six months of the year.

The Human Rights Commission of Pakistan (HRCP) was particularly concerned about the threatened reversal of transgender rights during the year. The progressive federal act of 2018, which was a result of a year-long consultative process, was made unduly controversial in and outside the courts and legislature. Meanwhile, over 19 transgender persons were murdered and hundreds faced violence. Thus, the State of Human Rights in 2022 addresses this as the key theme of the year.

As with preceding reports, this report delves into a wide spectrum of human rights violations. Following last year’s pattern, this year’s report comprises separate chapters on the federating units, Islamabad Capital Territory, and the administrative units of Azad Jammu and Kashmir and Gilgit-Baltistan.

HRCP was happy to note that, despite political upheavals, some progressive legislation was put into effect, both in the federal parliament and the provincial assemblies. These include laws against workplace harassment, torture and custodial deaths, decriminalising suicide at the federal level, and laws for raising minimum wages, enhancing punishment for crimes against children, providing universal healthcare, restoring student unions, regularising katchi abadis, setting up and empoering provincial human rights and women rights commissions, and providing for the welfare of senior citizens at the provincial level. We are also pleased with the Supreme Court ruling in March that the Constitution does not disown Ahmadis as citizens or deprive them of their fundamental rights, and welcome the appointment of Justice Ayesha Malik as the first female judge of the Supreme Court.

Yet, other depressing developments and human rights violations far outweigh these gains. We are concerned that despite being functional theoretically, both the National Commission for Human Rights (NCHR) and the National Commission on the Status of Women are waiting to be provided resources for an efficient running.

Although local government elections were held in three of the provinces, these were obligated on the orders of the superior courts. It was evident from the failure to adequately furnish the local governments with resources and authority that the political elements of the state lacked the commitment to facilitate the established of a fully functional local government system. Participants of a national conference on the subject organized by HRCP strongly argued for a comprehensive local government scheme, defining its role and functions, through an amendment in Constitution.

HRCP was alarmed by a decision of the Government of Punjab to incorporate a mandatory declaration of belief in the finality of prophethood and fears that such unnecessary intrusion of the state in personal matters of Muslims will fan more extremist views.

There was no respite from cases of enforced disappearances which saw an uptick in Balochistan and elsewhere following a suicide bombing in Karachi in April. The law that criminalises enforced disappearances still faces unnecessary procedural delays. The report notes with concern that freedom of expression as well as freedom of movement and assembly remained compromised throughout the year. Cases of blasphemy, mob lynchings, forced conversions, desecration of Ahmadiyya places of worship, discrimination and persecution of minorities continued during the year. Women became victims of honour crimes, rape, domestic violence and acid attacks, in addition to experiencing discrimination and marginalization in the political, social and economic spheres.

The report also notes the human rights violations of children, labourers, persons living with disabilities, refugees and internally displaced persons and regrets that the prevailing social and economic conditions enhance their vulnerability to neglect, abuse and exploitation.

Despite the challenging conditions, HRCP’s nine offices across Pakistan and governing Council actively worked in the field, and stayed engaged in advocacy and lobbying work. Apart from several reactive fact-finding missions, three thematic fact-finding missions were conducted in South Punjab, Gilgit-Baltistan and Balochistan during the year. More than a hundred mobilisation, outreach, advocacy and policy meetings, and seminars were held, and 25 publications released. Three national conferences on electoral reforms, local governments and access to citizenship rights for itinerant workers were organised. The I. A. Rehman Research Grant was granted this year to lawyer Usama Khawar. HRCP was pleased to award a certificate of merit to human rights activist Salahuddin Siddiqui from Sindh for his tireless work in the flood affected areas. We also set up a legislation watch cell and released its first report on federal budget allocations to the NCHR. Our complaints desks functioned effectively at all regional offices.

HRCP was deeply grieved by the loss of its Council member Akhtar Baloch this year. A highly respected journalist and progressive activist, Mr Baloch served as the Sindh coordinator for HRCP’s network of core human rights defenders, leaving behind a legacy of dedication and commitment that will be remembered.

In the end, I would like to acknowledge the effort put into compiling this report by our contributors, including Mehlab Jameel, Council member Farhatullah Babar, Dr Mahvish Ahmad, Akbar Notezai, Muhammad Badar Alam, Alefia T Hussain, Israruddin Israr, Jalaluddin Mughal, Shujauddin Qureshi, Zebunnisa Burki and Bilal Abbas. Special thanks are owed to Maheen Pracha, Maheen Rasheed, Ali Haider, Zarnaab Adil Janjua, Aymen Fatima and Adeel Ahmed who assisted in conceptualising and editing the report with the Director Farah Zia. I am grateful to the Secretary-General Harris Khalique for his constant and valuable guidance in preparing the report.

HRCP deeply appreciates the work of all human rights defenders who continue fearlessly to struggle for the realisation of human rights for all within Pakistan and globally. On its part, HRCP too remains committed to the promotion and protection human rights for all without any distinction or discrimination on grounds of gender, race, religion, sect or belief, ethnicity, area of origin, disability, sexual orientation, or socioeconomic status. We will continue to struggle for a more equitable, and just world in the years to come.

The post State of Human Rights in 2022 appeared first on Human Rights Commission of Pakistan.