EU explains what Pakistan needs to do

ISLAMABAD: The European Union’s, High Representative of the Union for Foreign Affairs and Security Policy, in Brussels, has released an over 12,000 word, Joint Staff Working Document on Pakistan, in which it points out that there are 289 recommendations, to which the government should respond by March 2018.

It is mixed report where the EU notes that the government has made positive moves but much more is left to be done.

The EU welcomed ratification by Pakistan in recent years of a number of international instruments, including the Convention on the Rights of Persons with Disabilities, the Optional Protocol to the CRC, CCPR, CAT and the Convention against Transnational Organised Crime.

The report is based on the EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Pakistan covering the period 2016-2017. The lengthy report focusing on dozens of issues points out that freedom of expression has come under further strain in the last two years. The government and the security forces are increasingly applying pressure on the print and broadcast media to suppress any critical coverage, in particular of the armed forces, using intimidation tactics, discrete pressure and selectively applying a media code of conduct. In 2017, social media also came under pressure, with legal grounds offered by the new cybercrimes law enacted in August 2016.

A campaign against 'blasphemy on social media' has been launched, in which the allegation of blasphemy is effectively used to suppress public opinion online. The Human Rights Committee recommended Pakistan in its report to ensure that criminal laws are never improperly used against journalists or other dissenting voices and that all reported cases of harassment, disappearances and killings of human rights defenders are promptly and thoroughly investigated and prosecuted. The registration process of international NGOs (INGOs) continues to be slow and nontransparent. INGOs and national NGOs are required to obtain a no-objection-certificate (NOC) for their activities, which is often difficult or not granted at all. Furthermore, they experience threats, intimidation and are sometimes banned by the authorities on 'security' grounds. Human rights defenders and civil society activists are particularly at risk, and there are reports of murders and arrests on dubious grounds in connection with the aforementioned campaign against blasphemy on social media. Enforced disappearances and extra-judicial killings remain a grave concern and there has been an increase in the number of cases reported by human rights organisations in the past two years.

The EU says that during the reporting period 2016-2017, improvements have been noted on the institutional side, with the establishment of TICs, an intensified debate about human rights, a more active role of Parliament and the Ministry of Human Rights, the adoption of a National Action Plan on Human Rights and increasingly active and effective independent oversight bodies, such as the National Commission on Human Rights and the Commission on the Status of Women. The establishment of the National Commission on the Rights of the Child is also a welcome development. There have also been important developments in legislation on the rights of women and children, most notably on violence against women, honour killings, rape and sexual abuse and exploitation of children.

Efforts have also continued to curb hate speech. The new electoral reform bill represents an important step for democracy in Pakistan. However, effective implementation continues to be a concern. There is a need for sustained strengthening of institutions and implementation of legislation, particularly the National Action Plan on Human Rights, across all territories of Pakistan. There is a lack of reliable data, monitoring and evaluation. There are a number of areas where the situation remains unchanged or where there are worrying developments. Only limited action has been taken to address the longstanding issue of enforced disappearances and extrajudicial killings.

Likewise, the government has not taken effective action to address the widespread use of torture. The application of the death penalty and executions remain a grave concern, while a review of the crimes carrying the death penalty would be a welcome first step in the right direction. While some actions have been taken regarding freedom of religion or belief, for example against hate speech, the blasphemy laws and related campaigns in social media, the difficult situation of religious and ethnic minorities continues to be a concern.

There are serious concerns about freedom of expression, freedom of association and assembly, the situation of human rights defenders and civil society activists, and the overall 'shrinking civil society space'. The picture of Pakistan's performance on human rights during the reporting period remains mixed. The lack of progress in certain areas can to some extent be explained by the many challenges faced by the government, including the difficult security situation, and the lack of resources and capacity.

Recent positive steps taken with regard to the establishment and increased independence of national oversight bodies, as well as the introduction of new legislation will still need time and dedicated effort to translate into a more effective implementation of Pakistan's human rights obligations. Pakistan must therefore step up its efforts and take more proactive, sustained and forceful action to implement legislation and to address problematic areas. In this context, it is important that Pakistan follows-up on the recommendations provided by the UN Human Rights Treaty Bodies, addressing identified shortcomings and strengthening the overall implementation of the relevant treaty obligations.

The EU reports that the military, intelligence and paramilitary forces have been implicated in a significant number of cases of extrajudicial executions involving torture and enforced disappearances. It also noted that certain legislation, including the Aid of Civil Power Regulation, amendments to the Army Act and provisions in the Anti-Terrorism Act have aided in creating de facto immunity for members of the security forces engaged in torture. In this connection it was also observed that the National Commission for Human Rights was prevented from investigating complaints involving the military or the intelligence agencies.

Pakistan is requested to follow up on the recommendation to repeal all blasphemy laws or to amend them in compliance with the strict requirements of the Covenant; and to ensure the investigation and prosecution of those involved in incitement of or engagement in violent acts against others based on allegations of blasphemy. Pakistan's efforts to implement the environmental conventions have improved. With legislative measures largely in place, Pakistan now looks towards strengthening institutions to achieve a sustained level of implementation of the conventions, especially those pertaining to environmental and climate change. An integrated approach could help to advance on different dimensions of sustainable development. Decentralised renewable energy systems could help to ensure stable and pollution-free access to electricity. The report points out that efforts are being made to strengthen the anti-corruption framework, including through review of legislation and awareness building. This is strongly encouraged. Closer coordination of law enforcement agencies, more readily shared information, and more efficient use of limited resources would enable Pakistan to more effectively reduce drug trafficking. Overall, further steps have been taken by the provinces to adopt legislation and to develop procedures and guidelines to implement the ILO fundamental conventions, also in the context of devolution of labour rights from the federal to the provincial levels. While this process is still not complete, it has moved forward during the reporting period.

However, implementation and enforcement of laws and regulations continue to be a problem, although some provinces have stepped up efforts to improve enforcement. Further efforts are needed to improve the labour inspection system and overall working conditions. The work undertaken by the Ministry of Overseas Pakistanis and Human Resource Development to develop a national labour protection framework and by the federal and provincial authorities to strengthen the labour inspection system aim to improve compliance with rights and standards. Labour force and child labour surveys are going on, thus improving data availability.

The gradual opening for the formation of trade unions in the informal sector is also positive.

Regarding child labour, some progress can be noted, in particular the effort made by Punjab to address child labour in brick kilns. Only limited efforts were undertaken to improve gender discrimination in employment and to tackle discrimination against persons with disabilities and other vulnerable groups. Overall, there has been some progress and commitment to improve the implementation of the ILO fundamental conventions.

On the security front, the situation has improved at the surface with the heavy engagement of the army in several regions (Fata and Karachi), but remains a problematic as the root causes of terrorism have not been tackled. The ongoing national action plan against terrorism led to a two-year extension of the jurisdiction over civilians of the military courts in terrorism cases, while the situation with regard to the lifting of the moratorium on the death penalty is unchanged since 2015.

The substantial engagement of Pakistan in fighting terrorism has led to a considerable loss of lives and of budgetary resources that otherwise could have been used for socio-economic development. The fight against terrorism has also overshadowed other critical issues, among which the protection and promotion of human rights.

Parliament, through the standing committees on human rights of the Senate and the National Assembly, has started to play a more active part in holding the government accountable on human rights. The women's caucuses, established at federal and provincial parliaments, are becoming more active.

The EU however expressed concern on a number of issues relating to the obligations under the CCPR, a few of which are mentioned below. It requested, in accordance with its procedures, Pakistan to follow up, within one year, with information on the implementation of some of the Committee's recommendations. The first recommendation for Pakistan to follow up on is to reinstate the moratorium and consider the abolition of the death penalty; or at least to ensure that death penalty is only provided for the "most serious crimes", that no one under the age of 18 or with serious psychological or intellectual disabilities is subjected to it and that execution protocols are followed. Pakistan is to further follow up on the recommendation to criminalise and put an end to the practice of enforced disappearances and secret detention, and to ensure the prompt investigation of cases of enforced disappearances and extrajudicial killings. The report recommended to progressively develop and apply appropriate indicators on the implementation of economic, social and cultural rights to facilitate the assessment of progress for various segments of the population. Over the last two years, the present government kept economic growth as a priority and has achieved some results, including through a reform programme supported by the IMF and an effort to improve energy supply.

This has led to a stabilisation of the economy and an improvement in annual growth rates from 4 percent to an expected 5.5-6 percent for 2017-2018.