The Islamabad High Court has ordered that the government of Pakistan must appoint a new head of the National Commission for Human Rights immediately. The court accused Pakistan’s government of spending almost two years deliberately impeding the appointments of the new Commission members.

Since May 2019, new Commission members have been needed. However, in a process which should have taken one month, no appointments have been made nearly two years later. The Prime Minister, Imran Khan and his government have been accused of obstructing accountability and reporting of human rights abuses through such hindrance.

RESTRICTION ON THE COMMISSION’S WORK COINCIDING WITH INCREASE IN HUMAN RIGHTS VIOLATIONS

Against a background of a growing number of enforced disappearances, harassment of human rights defenders and journalists, and violence against women, Pakistani authorities have employed a repressive approach towards criticism of the government.

The National Commission for Human Rights (NCHR) was established in 2012, with the first term of the Commission coming to an end in May 2019. It is the responsibility of the government’s Ministry of Human Rights to supervise the appointment of the Commission. The appointees are supposed to be impartial, non-political figures, acting to “promote, protect and fulfil human rights”.

The NCHR have a plethora of powers to review proposed and existing legislation in relation to human rights, conduct investigations into allegations of abuse, review and report on the Pakistani government’s implementation of human rights, make recommendations, and develop a national plan of action for the promotion and protection of human rights.

An initial advert for the positions was posted in May 2019, however, it was later withdrawn. Further, in July 2019, the advert reappeared, but it included an age-limit condition, stating no member of the commission could be over the age of 65. This was subsequently challenged in court. However, according to Akhtar Cheema, a lawyer and former legal adviser to Pakistan’s senate, this restriction was deliberately imposed to delay the appointments. Cheema expresses “the government knew it would be challenged in the court of law and delay the process of the selection”.

The independent organisation had previously published 35 reports, including a report into torture by Pakistani authorities. It is believed that this report tarnishing its image upset the government, and thus the organisation was directly punished. Ali Nawaz Chowhan, the first chairperson of the NCHR, stated; “they want us to lie to represent a positive image of Pakistan, but I believe it is better to uplift the image of Pakistan by ensuring human rights”. Pakistan has failed to implement the human rights conventions, and instead of acting on human rights violations, has focused on punishing those who work on reporting and promoting human rights.

In response to accusations that the government is sabotaging the NCHR, Pakistan’s Human Rights Minister, Dr. Shireen Mazari, reasoned that the opposition leader was sent a list of preferences in December, yet they have not responded with their preferences, stating that “the laziness is from the side of the opposition, not the government”. However, at that time, the opposition leader was in jail, on allegations of money laundering.

The government is clearly threatened by the truths which may be revealed if such an impartial organisation was able to hold the government to account. One such truth may be regarding enforced disappearances.

ENFORCED DISAPPEARANCES

Enforced disappearances are the detention of an individual in which the state denies holding the person, or refuses to provide information on their whereabouts. This practice is strictly prohibited in international human rights law. Irrespective of its blatant illegality, this is a long-standing operation carried out by military-linked agencies in Pakistan.

In 2019, there was a glimmer of hope to end this abuse through a drafted bill to criminalise enforced disappearances in the country. However, the bill has remained at the draft stage for over two years.

In February 2021, families of those who have been forcibly disappeared staged a sit-in in Islamabad. The sit-in ended after Imran Khan agreed to meet members of the group and directed his office to “ascertain quickly the exact status of the missing family members”. It is hoped that this pledge will be pursued and authorities will demonstrate political commitment to end enforced disappearances.

Although the recent Islamabad High Court order is highly promising for the impartial NCHR to resume with new members appointed, it is a small step towards the greater accountability which is necessary to end human rights abuses in Pakistan.

Tilly recently graduated with an LLB (Hons) from the University of Birmingham. At University, she volunteered for Birmingham’s Free Legal Advice Group. She is interested in social justice, particularly women’s rights. In September, she will begin the LPC at BPP University.

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