‘Proposed constitutional amendments must not infringe on fundamental rights’

Islamabad: Given the controversy surrounding the proposed constitutional amendments package, the Human Rights Commission of Pakistan (HRCP) felt it necessary to organise a national consultation to find a minimum common agenda among civil society, the legal community and political parties.

Introduced by secretary-general Harris Khalique, the meeting was moderated by HRCP co-chair Munizae Jahangir and director Farah Zia. Lawyer Hina Jilani put forward the following demands on behalf of civil society: an official draft of the bill must be made public and circulated and consensus built accordingly; no amendment must be allowed that cedes more authority to institutions not defined in Article 7 of the Constitution or that enables them to avoid accountability; civil society will not tolerate any change in the Constitution that infringes on Article 8; and any constitutional amendment must involve a wider range of political stakeholders over and above Parliament alone. Terming the process an ‘ambush’, National Democratic Movement leader Afrasiab Khattak said that an authentic draft of the bill was necessary.

Mustafa Nawaz Khokhar pointed out that hasty legislation contravened parliamentary norms, while lawyer Danish Afridi felt that the timing of the amendment was questionable. Abid Saqi, former vice-chair of the Pakistan Bar Council, also questioned the authorship of the bill, calling for greater transparency.

Lawyer Salahuddin Ahmad felt there was no practical way of dividing constitutional jurisdiction between the Supreme Court and a constitutional court. PTI secretary-general Salman Akram Raja said that any amendment that allowed the government to ‘handpick’ constitutional court judges would hamper the independence of the judiciary.

This was echoed by Awaam Pakistan leader and former prime minister Shahid Khaqan Abbasi, who said that the amendment was a means of controlling the judiciary. Lawyers Munir Kakar and Munir Malik added that the proposed amendment would undo the gains of the 2007 lawyers’ movement. Lawyer Reema Omer felt that instituting constitutional courts was too radical a change in the current political context.

Although supporting the notion of a constitutional court, PPP leaders Nayyar Bukhari and Farhatullah Babar agreed that greater legislative transparency was critical. Constitutional expert Zafarullah Khan, journalists Nasir Zaidi and Asmatullah Niazi, and Joint Action Committee convenor Irfan Mufti said that any constitutional amendments must be based on political dialogue, consensus and public endorsement.

Awami Workers Party representative Aasim Sajjad Akhtar pointed out that even this consultation reflected the polarization inherent in society. Responding to participants, PMLN leader Aqeel Malik said that the government had complied with the legislative process laid down in the National Assembly rules. He held that the bill would not infringe on Articles 8 or 199(4).