HRCP demands civilian supremacy

By Myra Imran
June 01, 2023

ISLAMABAD: The Human Rights Commission of Pakistan (HRCP) said that it ‘strongly objected’ to the tactics being employed to reverse-engineer the democratic process in the country.

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“HRCP opposed what it saw as political engineering in the 2018 elections, but it objects just as strongly to the tactics employed in the attempt to reverse-engineer the democratic process,” HRCP Chairperson Hina Jilani said in a press conference in Islamabad. The statement read out by Jilani also said that delaying elections beyond October 2023 would amount to derailing democracy and would only worsen the current political crisis. In a statement issued on Wednesday, the HRCP says warns all political stakeholders that unless they desist from any further measures that could imperil the country’s fragile democracy, they may find themselves unable to steer the country safely through the multiple crises it is facing.

The HRCP has closely monitored the ongoing political crisis and notes with great alarm that civilian supremacy has emerged as the greatest casualty. “The government’s inability—or unwillingness—to safeguard civilian supremacy or to preserve the dignity of Parliament has proven tremendously disappointing. At the same time, the political opposition’s history of hostile politics and contempt for the rule of law has played no small part in triggering the wanton destruction of property during 9–10 May. These were not peaceful protests. The evidence points to acts of arson, rioting, looting, vandalism and trespass onto state and private property” says the statement.It further says that the judiciary too has been found wanting, its unity and non-partisanship compromised, with serious implications for the trichotomy of powers. The HRCP regretted that the failure of the judiciary to credibly maintain its independence and impartiality has exacerbated the rule-of-law crisis in the country.

The statement states that while many allegations of violence and custodial torture against political workers and PTI supporters—including women and minors—have yet to be verified, all such allegations merit independent investigation. “HRCP reminds the authorities that torture or any form of degrading treatment of persons in custody are serious violations of human rights.

The disappearance of at least two journalists must also be investigated in a transparent manner, the findings made public and the perpetrators held strictly to account.” “While those responsible for the destruction of public and private property must undoubtedly be held accountable, there is ample provision in civilian laws for this.

It says that while all political parties must adhere to democratic, peaceful and bona fide means to further their political agendas, the HRCP sees no benefit to Pakistan’s polity in banning a political party. “We consider any step by the government to ban the PTI both reckless and disproportionate. In the long term, it would strengthen a bad precedent and prevent political parties from developing naturally in line with the wishes of their electorate.” The HRCP insisted that, under no circumstances should national elections be delayed beyond October 2023. “Such a step by the government would amount to derailing the democratic process and compound the current political instability. Anything less than free, fair and credible elections in an environment that allows the exercise of all fundamental freedoms, will leave the country open to further ill-judged and undemocratic political ‘experiments’.”

The HRCP expressed deep concerned over the “rapid pace at which non-political forces are wresting the space for which Pakistani civil society has fought long and hard. The democracy that Pakistan’s people want and deserve cannot be built on fluid loyalties and shifting narratives.

“Anything less than free, fair and credible elections in an environment that allows the exercise of all fundamental freedoms, will leave the country open to further ill-judged and undemocratic political ‘experiments’,” the statement said. HRCP also said that the greatest ‘casualty’ in the ongoing political crisis is civilain supremacy and Pakistan’s ‘fragile’ democracy could be in danger. “The government’s inability—or unwillingness—to safeguard civilian supremacy or to preserve the dignity of Parliament has proven tremendously disappointing.” The statement also said that the ‘unity and nonpartisanship’ of the judiciary had been compromised and has led to a worsening of the crisis of rule and law in the country. The statement also said that while the claims being made by the PTi about custodial torture of its workers have not been verified, it is important to clear up facts through an independent and transparent investigation.

HRCP said that the PTI’s ‘contempt’ for the rule of law had played a role in creating the events of May 9 and the people behind them must be held accountable, but the matter of civilains being tried under military courts was concerning. It also raised objections on the seemingly arbitrary manner in which cases were being sent to the military courts.

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