1.5 International Human Rights at the Domestic Level

Pakistan’s existing legal framework is articulated by Article 268(7) of the Constitution, which states that “all laws (including Ordinances, Orders-in-Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extraterritorial validity…”. While the words of the provision do not explicitly mention inclusion of international law, the text strongly implies it.^[1]  Due to this, international obligations form a significant part of the domestic rule of law and for the complete protection of the rule of law within the State, human rights commitments remain essential.

The chapter on Fundamental Rights within the Constitution of Pakistan, which is essential to the protection of the domestic rule of law echoes many of the provisions of the ICCPR. A few such provisions are provided below:

No person shall be deprived of life or liberty save in accordance with the law. (Article 9, Constitution of Pakistan)

No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. (Article 9(1), ICCPR)

No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds of such arrest. (Article 10(1), Constitution of Pakistan)

Anyone who is arrested shall be informed, at the time of arrest, of all the reasons for his arrest and shall be promptly informed of any charges against him. (Article 9(2), ICCPR)

Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (Article 11(1), Constitution of Pakistan)

No one shall be held in slavery;slavery and the slave trade in all their forms shall be prohibited. (Article 8(1), ICCPR)

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Figure 1.2 – International Human Rights Instruments and Corresponding Constitutional Provisions

International Law is widely entrenched in the domestic legal framework of Pakistan. There are various pieces of domestic law that replicate international law almost verbatim. The chapter on Fundamental Rights in the Constitution of Pakistan is identical to some of the provisions of the ICCPR. There are several other laws in Pakistan which closely correspond with provisions of international treaties which Pakistan has ratified. A few examples include:

INTERNATIONAL INSTRUMENT	CORRELATING DOMESTIC LAW
Chapter VII of the United Nations Charter and all subsequent Security Council Resolutions	United Nations (Security Council) Act 1948
Freedom of Association and Protection of the Right to Organize Convention, 1948 and Right to Organize and Collective Bargaining Convention, 1949	Industrial Relations Ordinance 1969
Certain provisions of the International Covenant on Civil and Political Rights and United Nations Standard Minimum Rules for the Treatment of Prisoners The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, more commonly known as “Bangkok rules”.	Pakistan Prison Rules 1978
Convention for the Suppression of Financing of Terrorism, International Convention for the Suppression of Terrorist Bombings and Security Council Resolutions 1267, 1373, 1456	Anti-Terrorism Act 1997
United Nations Convention against Transnational Organized Crime, United Nations Convention against Corruption and Financial Action Task Force (FATF) Recommendations	Anti-Money Laundering Act 2010
General Agreement on Tariffs and Trade	Anti-Dumping Duties Act 2015
Afghanistan-Pakistan Transit Trade Agreement	Afghanistan-Pakistan Transit Trade Rules 2011
Common Article 3 to the Geneva Conventions and Customary International Humanitarian Law	Actions (in Aid of Civil Power) Regulations 2011
Framework Convention on Tobacco Control	Prohibition of Smoking and Protection of Non-Smokers Health Ordinance 2002
Chemical Weapons Convention	Chemical Weapons Convention Implementation Ordinance 2000
United Nations Framework Convention on Climate Change and Kyoto Protocol	Environmental Protection Act 1997
Chicago Convention on International Civil Aviation	Civil Aviation Authority Ordinance 1982
United Nations Convention on the Law of the Sea	Territorial Waters and Maritime Zones Act 1976
Convention for the Protection of Cultural Property in the Event of Armed Conflict	Antiquities Act 1975
Vienna Convention on Diplomatic Relations 1961	Diplomatic and Consular Privileges Act 1972
United Nations Convention on the Carriage of Goods by Sea	Carriage of Goods by Sea Act 1925

Figure 1.3 – International Instruments and Corresponding Domestic Laws

The fact that some provisions directly reference international instruments within their actual text indicates the willingness of the legislature to comply with international law and acute cognizance of the need to implement international law as well.