2.2 International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) establishes a framework for States to protect and promote the civil and political rights of their citizens, whilst also emphasizing on the importance of rectifying violations of these rights. With 53 Articles, the ICCPR consists of substantive, implementing and derogation provisions. The substantive provisions create, define or regulate rights, these include Articles 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27. The implementing provisions highlight implementation procedures and preclude the signatory parties from refusing compliance with certain obligations, such as Articles 2, 4(2), 44, 48, 49, 50 and 51. Finally, the derogation provisions, i.e. Articles 4(2)-(3) and 5(2), allow for the signatory parties to refuse compliance with certain obligations.

In order to monitor implementation of the ICCPR, the Convention created the Human Rights Committee (HRC), the treaty-body mandated with monitoring State Party implementation of the Convention. Like the other treaty bodies, the HRC comprises independent experts responsible for monitoring progress under the ICCPR through compliance reports submitted by States Parties. Compliance reports are prepared and submitted by States Parties to a Convention as a measure of progress (or lack thereof) at given intervals and in a specified format.

Under certain conditions the Human Rights Committee may consider individual petitions alleging violations of rights guaranteed under the ICCPR. Pakistan has not ratified the First Optional Protocol to the ICCPR and has therefore not recognized the competence of the Committee to consider individual communications. However, there are other domestic mechanisms in place for complaints regarding human rights violations such as the helpline service established by the Ministry of Human Rights. Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty. Pakistan submitted its initial state report to the Human Rights Committee in October 2015. In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepared a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns. The answers provided by the State party to these questions, as well as other information submitted by civil society and others formed the basis of the “review” of the State’s compliance with the treaty, which was carried out on 11 and 12 July by the Human Rights Committee.^[1]

In the National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 produced in 2017, HRC also commended the Lahore High Court. The report reads, “In 2005, a law was passed which encouraged persons with disabilities to join public service. This ensured their participation in decision making at all levels in the public sector. Recently, Lahore High Court, in a landmark judgment of 11 January 2017 struck down the discriminatory provision of Civil Services Rule and allowed persons with disabilities to join all services on the basis of equality.”^[2]

Under the domestic legal framework in Pakistan, provisions of the Constitution and Domestic Laws also reiterate similar rights as protected by the ICCPR. For example, Article 2 of the ICCPR which promotes non-discrimination corresponds with Articles 25 and 26 of the Constitution of Pakistan, imposing equality of citizens and non-discrimination in respect of access to public spaces.

There are various domestic legislations in place which correspond and uphold the rights guaranteed by the ICCPR as well. These will be discussed in detail in the sections ahead with specific focus on arrest, detention, deprivation of their liberty, torture, abuse, fair trial, non-discrimination in the administration of justice, the rights of the child and juvenile justice systems, and right to life and security.

It is also pertinent to note that following the 18^th Constitutional Amendment, provincial governments have established Human Rights Departments at the provincial level that supplement the work of the Federal Ministry of Human Rights. Other bodies which regulate human rights in Pakistan include the National Commission of Human Rights (NCHR), National Commission on the Status of Women (NCSW), National Commission for Minorities, and the National Commission on the Rights of the Child (NCRC). The Election Commission of Pakistan also plays a crucial role in the protection of civil and political rights guaranteed under the ICCPR.