Pakistan
The 2010 UN
Development Index ranked Pakistan at 125 out of 169 countries, down from 112 in
2008. Global indices relating to gender,
children’s rights and corruption showed Pakistan near the bottom. Women and vulnerable groups faced legal
discrimination and high levels of abuse and violence. Weaknesses in the rule of law, along with a
dysfunctional criminal justice system, restricted access to justice for the
vast majority of those who needed it.
NGOs continued to make allegations of extra-judicial killings, other ill
treatment and torture by state agencies.
Devastating flooding in August coupled with poor governance resulted in
the ineffective delivery of basic services such as education and
healthcare. Freedom of expression and of
religion or belief remained limited, in part because of repressive measures by
the state, but also because of increased religious conservatism within society,
and the activities of violent extremist organisations. The ongoing conflict in the border regions
caused a huge displacement of the resident population, and associated rights
violations.
Internal
instability, conflict and humanitarian disaster have taken their toll on human
rights. However, the current
administration did make some progress, notably ratification of the
International Covenant on Civil and Political Rights and the Convention against
Torture (although with reservations); reform of the constitution to
decentralise power; and moves towards electoral reform. The democratically elected government of Asif
Zardari passed the halfway mark of its term in office, a notable landmark in a
country where no elected government has seen out its tenure. A vibrant media and civil society continued
to flourish, albeit within certain parameters, and the judiciary, although
heavily politicised, remained highly independent of the executive.
Pakistan
remains one of our highest foreign policy priorities, and 2010 saw ministerial
visits from the Foreign Secretary William Hague, Home Secretary Theresa May,
International Development Secretary Andrew Mitchell and Minister without
Portfolio Baroness Warsi. Implementation
of Pakistan’s international human rights commitments is integral to ensuring
long-term prosperity and stability, and is in our national interest.
In 2010 the
FCO continued to work closely with other UK government departments, the government
of Pakistan, other governments and NGOs to address key human rights
challenges. In particular, we focused on
supporting the government of Pakistan in ratifying and implementing key
international human rights instruments; tackling the discrimination and abuse
faced by women and minority groups; and enhancing international coordination on
human rights. Our lobbying contributed
to the government of Pakistan’s decision to ratify the International Covenant
on Civil and Political Rights and the Convention against Torture, although we
are concerned by the reservations that it made when doing so. Our support also helped the Ministry for
Women’s Development to make significant progress towards the criminalisation of
domestic violence, along with other legal measures to remove discrimination
against women. We also provided capacity
building and support to civil society groups to support their work in speaking
out against extremism and intolerance, and in support of democracy and reform.
The year 2010
was an extremely challenging one for Pakistan, and 2011 is likely to follow a
similar course. It is estimated that 20
million people were directly affected by the unprecedented flooding. We are working closely with Pakistan and
international partners to ensure that there is a credible recovery plan in
place.
We will
continue to intervene on human rights issues in Pakistan where we believe we
can make a positive difference. For
2011, our focus will be on four key priorities: to support an end to
discrimination and violence against women; to strengthen freedom of expression,
religion and belief; to encourage stronger implementation of Pakistan’s
international commitments; and to build the capacity of civil society and
bodies mandated to challenge the state’s effectiveness on human rights, such as
the Parliamentary Committee for Human Rights.
Elections
The elections
of 2008 were described by the EU as relatively fair and free. Election observation missions made several
recommendations about how the electoral process could be improved. The Election Commission of Pakistan, with the
support of the international community, continued to push ahead with its five-year
strategy for electoral reform, which began in 2009; this is focused on policy,
administrative and legal reforms. Some
real progress was made during the course of 2010. The list of registered voters continued to be
revised by the National Data Registration Agency in conjunction with the
Election Commission, who also put in place several internal reforms to improve
the way they work. We have been highly
supportive of these efforts and have lobbied the government and parliament on
the need for such reforms. There is
senior political support for change in this regard but the momentum needs to be
maintained to ensure freer and fairer elections, scheduled for 2013.
Access to justice
The justice
sector in Pakistan is under-trained, often politicised, corrupt and
under-resourced. The courts currently
face a backlog of more than 1 million cases.
Successful convictions are rare.
Police investigations are often seriously flawed, based on allegation
rather than evidence, and trials cannot be described as either fair or free in
many cases, being marked by delay and intimidation. The government has made little progress on a
comprehensive national strategy towards improving the situation, instead
focusing on ad hoc measures such as increasing police salaries in Punjab. This is in part because the responsibility for
formulating and implementing policy rests with the provincial rather than the
federal-level government. The chief justice
of the Supreme Court published a national judicial policy to tackle some of
these issues amongst the judiciary in 2009, which in 2010 achieved a slight
reduction in the huge backlog of cases.
Because the
problems are on such a significant scale, we focused on particular issues or
areas where we can make a difference. In
2010, we worked with local partners to improve the awareness of legislation
around juvenile detainees which led to improved handling of these cases in
several large districts across Pakistan.
Project work focused on informing local police and other officials about
forced marriage and child abduction issues to prevent them from happening,
particularly to UK nationals, and to handle these cases sensitively when they
occurred. This work received positive
feedback from those involved. With an
estimated 2,000 deaths due to terrorism in Pakistan in 2010, we also worked with the police and the military to
strengthen their legislative framework to tackle this violence. We delivered training to the Pakistan
military and police that incorporated relevant human rights components, which
was monitored and evaluated within this context.
Rule of law
The
rule of law is fundamental to tackling many of the challenges faced by
Pakistan, from the effective protection of human rights to poverty reduction
and good governance. It is at the heart
of a stable democracy and strong civilian institutions. However, the rule of law remains weak. This has led to widespread allegations of
human rights violations and a poor response from the criminal justice system to
the continued terrorist and sectarian violence which killed thousands of people
in 2010.
This
issue is a matter of concern for the Pakistani people; 39% felt law and order
was the most serious issue facing the government in a 2010 UK-Gallup poll. The British Council’s “Next Generation
Report” showed 30% felt injustice was the main reason for violence and terror
in Pakistan. The reasons behind weaknesses
in the rule of law in Pakistan are complex, and require significant senior
political will to overcome them.
In addition
to terrorist-related atrocities, 2010 saw continued and serious allegations of
disappearances, abductions and extra-judicial killings made against state
security forces and the police by international and national human rights
organisations. In response to a video,
purporting to show extra-judicial killings in Swat, posted on YouTube and aired
on BBC News on 2 October, the Chief of Army Staff launched an official enquiry
which has yet to report publicly. We
raised our concerns with the military and the government at the most senior
levels. Human rights bodies continued to
record deaths in police custody, which they alleged were the result of torture
or other ill treatment.
Civil society
organisations reported enforced disappearances and extra-judicial killings,
including targeted killings, in Balochistan.
As a result of civil society lobbying, in early 2010 the Supreme Court
called on the Ministry of Interior, the military and the intelligence agencies
to defend themselves against allegations of enforced disappearances involving
hundreds of specific individuals. The
government, military and intelligence agencies were called before the Supreme
Court and several people were released from illegal detention. The Ministry of Interior established a cell to
examine the remaining “missing persons” and committed to work with all parts of
the security apparatus to report back on the whereabouts of these individuals. The UK, alongside EU partners, supported
these moves towards greater transparency and continued to advocate full
disclosure of the whereabouts of all those missing.
Death penalty
Twenty-seven
offences carry the death penalty in Pakistan, and the country has more than
7,000 inmates on death row. There is
significant public support for capital punishment, including for blasphemy
offences. However, in 2010, no one was
executed by the state. In October 2009,
the prime minister began a consultation with provincial governments about the
legislation governing the use of the death penalty. This consultation is ongoing and there is a de facto moratorium on its use. We welcomed this, but continued to work with
civil society, and lobby the government and parliament – alongside the EU – to
reform the relevant legislation with a view to abolishing the death penalty.
Torture and other ill
treatment
The
media and civil society made regular allegations of torture in 2010. Torture is prohibited under the constitution
of Pakistan. A large number of these
alleged incidents are reported to have occurred in police or security agency
custody during attempts to extract confessions or force cooperation with an
investigation. Similar abuse has also
been widely reported in prisons, perpetrated by both officers and inmates.
The
extent of such abuse is hard to determine given the nature of the problem and
the lack of accurate data, but the number of allegations remained fairly
consistent. In 2010 the Pakistani
government ratified the Convention against Torture and the Ministry of Human
Rights is clear that its intention is to prevent such mistreatment of
individuals. However, by the end of 2010
Pakistan had yet to withdraw or amend the reservations it had lodged against
some of the core provisions of this treaty when ratifying it. It had also not amended the national law to
bring it into line with international minimum standards.
Prisons and detention issues
At the end of
2010 the prison system was operating at 194% capacity, with more than
two-thirds of all detainees in ‘pre-trial’ detention, detained for months or
years before facing trial. Most
detainees endured harsh, basic conditions and limited recourse to legal
aid. In 2010 efforts were made by the government
of Pakistan to segregate vulnerable prisoners by reducing the number of
juveniles in detention and placing women in female-only detention centres. However, a lack of reliable data makes it
difficult to assess the extent to which these efforts have been successful. The president has also led efforts to improve
the conditions for those convicted or awaiting trial for capital offences. The current government claimed to have
released all “political prisoners” – which numbered in their hundreds during
the Musharraf era – but there is limited objective evidence available to
support such statements. There is no
effective national policy towards managing the increasing numbers of detainees.
In 2010, we
worked with senior prison officials in different provinces in Pakistan to
enhance their understanding of international best practice, exposing them to
offender management in the UK, and our ongoing efforts to improve and reform
our own system.
Human rights defenders
Civil society
in Pakistan is vibrant and energetic, with thousands of NGOs involved in
advocacy and grass-roots support.
However, NGOs can face threats from violent extremists, bureaucratic
hurdles and political pressure. As a
result, the NGO community does exercise a degree of self-censorship. During 2010, we engaged with the government
of Pakistan on behalf of specific NGOs that have faced particular problems,
urging the government to protect the fundamental rights of all citizens, as
laid out in the Pakistani constitution.
Through the EU, we raised our concerns regarding human rights defenders
with the government of Pakistan.
There was
slow progress towards setting up a Human Rights Commission for Pakistan. The federal Ministry of Human Rights has
undertaken to pass the necessary legislation in 2011. A Human Rights Commission for Pakistan will
be a vital pillar to help ensure that the fundamental rights of all Pakistanis
are upheld by working to provide a more secure environment in which NGOs can
operate.
Freedom of expression
In 2010 media
freedom continued to improve, with more of the press openly challenging the
government and increasingly the military and security agencies over matters
such as enforced disappearances. The
constitutional reforms included a new article which guaranteed the right of
every citizen to freedom of information.
This was partly influenced by a UK-funded project to promote the value
of improved freedom of information in support of better governance. We worked closely with the Ministry for
Information to support its work to formulate a freedom of information law,
through the provision of information and exposure to the UK system and the
challenges we have faced in implementing such a law.
However,
despite these positive developments, Reporters Without Borders rated Pakistan
as 151 out of 178 countries in its “Freedom Index 2010”, making it one of the
most dangerous countries in the world to be a journalist. There were several high-profile cases last
year where journalists were attacked by unknown assailants. Several journalists were killed in the border
areas in terrorist incidents.
In order to
restrict media reporting of issues deemed to be of national security, the
Pakistani government made moves to amend the current legislation governing the
activities of the media by imposing fines and the threat of imprisonment for any
reporting considered to be detrimental.
These changes are still proceeding through parliament. The government also intervened to block
transmission – via the state regulatory authority – of several channels,
including the BBC Urdu radio service.
This action was challenged in the Supreme Court, who ruled in the
media’s favour, ending these restrictions.
Effective self-regulation has yet to take root, and much of the media is
heavily politicised and partisan, and liable to interference by powerful corporate
owners. Overall, the media continued to
become more open and hold the government to account, although some outlets
remained focused on conveying the “official” position on many issues. We lobbied strongly at senior levels against
media restrictions.
Freedom of religion and belief
The
assassination of the governor of Punjab in early January 2011 because of his
outspoken position in favour of religious tolerance indicated an increasing
culture of intolerance and violence perpetrated against minority groups and
their supporters. The blasphemy
legislation continued to be misused to target both Muslims and non-Muslims,
often resulting in prison sentences. In
one high-profile case, Asia Bibi became the first woman to be sentenced to
death for blasphemy. Several people
accused of blasphemy died in custody, or were murdered by unknown individuals
when they were granted bail or acquitted.
Attacks against Christians and other religious minorities, particularly
Ahamadis, continued, with suicide bombers in Lahore killing more than 100
people in May. The case of Shazia Masih,
an adolescent girl employed illegally as a domestic servant who was allegedly
tortured and murdered by her employers, underlined the marginalised position of
the Christian community.
The
government’s Ministry of Minorities, along with the president and the prime minister,
have made public their commitment to protect minorities and their freedom to
worship. Some positive measures have
been taken such as reserving quotas in the public sector and parliament for
minorities and setting up complaints procedures for those encountering
discrimination or abuse. However, this
is countered by a growing culture of intolerance led by religious groups who
have stepped into the gap left by the government’s inability to deliver justice
or basic services. We continued to
support those who wish to see reform through lobbying and project work. Parliamentary Under-Secretary of State
Alistair Burt has engaged regularly on this issue with Pakistan’s Minister for
Minorities Shahbaz Bhatti. Unfortunately
efforts by the Pakistani government to reduce the abuses associated with the
blasphemy law have been stalled by public opposition to any reform following
the assassination of Governor Taseer, and there is little likelihood of
much-needed reform in the near future.
Women’s rights
International
and national NGOs report serious concerns about the extent of violence against
women, with discrimination against women enshrined in law. The 2010 UN Development Programme Gender
Equality Survey showed that women represented only 21% of the workforce. Human Rights Watch estimated that 90% of
women in Pakistan are affected by some kind of domestic abuse. Violence against women, including sexual
violence, continued to be reported by the media in 2010. The Federal Shariat Court issued a highly
unwelcome judgment reinstating its right to act as the court of final appeal on
cases of rape, which it had previously given up in response to significant
domestic and international pressure during the previous decade.
We actively
supported the work of the Ministry for Women’s Development, both financially
and politically. The ministry drafted,
and at the end of 2010 was currently working with parliament to pass, two bills
to criminalise domestic violence and to make it easier to convict those
responsible for acid attacks, or similar crimes against women. However this legislation became stuck in
parliament owing to opposition from the religious conservatives. There continued to be a strong and outspoken
civil society campaigning on women’s issues. Several high-profile roles in government are
filled by women, including the speaker, who is the first female speaker in
South Asia, and the president of the Supreme Court Bar Association. Women played an active role in the parliament
this year, tabling as much as 80% of the legislation according to one
monitoring body, and actively debating key issues on the floor of the assembly.
We continued
to work to support civil society and those parts of government which aim to
support and protect women. Progress
remains slow, and moves towards greater empowerment for women are challenged by
the gradual growth of a culture of intolerance within Pakistani society,
exploited by extremist groups for their own agendas. However, ministerial and senior-level
intervention, UK-supported activity around international days to mark women’s
rights, and a campaign of action to prevent domestic violence helped to reinvigorate
the public debate and maintain momentum towards reform. Through public engagement with women
parliamentarians and activists, we also helped to protect and encourage these
leaders to challenge abuse and discrimination and reduce the risk of reprisals.
Children’s rights
The situation
for children in Pakistan was not significantly improved in 2010. Despite the efforts of civil society and the
international community, UNICEF and Save the Children estimate that millions of
children still suffer as bonded labourers, often as a result of their parents’
poverty. Access to primary school
education remained limited, with only 57% of children enrolled. Progress to further education was also
restricted. According to the UN
Development Programme, 2010 statistics showed that only 23% of women and 46% of
men had a secondary education and the education received was often of poor
quality. The floods in August adversely
affected children in terms of their environment, education and health, with the
Department for International Development (DFID) estimating that more than
10,000 schools were damaged or destroyed.
This was exacerbated by terrorist attacks in the border regions that
often focused on schools and female students.
For these
reasons, a central part of our development programme is to improve the quality,
access to, and availability of primary schooling in Pakistan. Improvements have been made at national,
provincial and community levels to the way the education sector functions, but
there is still some way to go before Pakistan can be said to have reached the
Millennium Development Goal for education of ensuring that all children have
access to a full primary school education.
We continue to lobby the government at all levels and to work with civil
society to advocate for education reform and better conditions for children.
