Pakistan is violating Covenants of civil and political rights. : Kachkol Ali Advocate

The intelligence agencies of Pakistan have snatched the inherent rights of the human rights defenders in Balochistan. Pakistan is behaving as a deep state. All the organs of the state including media are in control of military. In the name of so-called security nation, there is always an atmosphere of undeclared emergency. This narrative of the state has created an uncertainty internally in country. Precisely because of exercising the power of derogation in pretext to avoidimplement the fundamental rights which are enshrined in the constitution and other laws of the land. Thus, when it comes to national security, the elements of arbitrariness generally overshadowthe logic, limits of the international laws are exposed, and its interdependence with human dignity encounters great difficulty. Therefore the peoples of Pakistan are facing the existing regimes on this interdependence. Firstly we should know what actually the existing regime is? Thereafter we should evaluate its cumulative impact in perspective of Pakistan.

The existing regimes, the inherent right of every sovereign state to carry out its activities, including the promotion and protection of human dignity, in accordance with the law, encompasses its authority to impose restrictions. In this direction article 29 of the Universal Declaration of Human Rights says that in exercise of his rights and freedoms, everyone shall be subjected only to such limitations as are determined by law solely for the purpose of securing due to recognition and respect for the rights and freedom of others and of meeting the just requirements of morality, public order and general welfare in a democratic society. Although this article provides the legal basis of the human rights limitations’ regime, it does not mention national security as a ground for imposing limitations and restrictions.

However under article 4(1) of Civil and Political Rights says in time of public emergency which threatens the life of nation and the existence of which is officially proclaimed, the states parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international laws and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

Sub article 2 of article 4 says, that no derogation from articles 6,7, 8(paragraphs 1 and 2),11,15,16 and 18 may be made under this provision. Sub article 3 of article 4 hold that any state party to the present Covenant availing itself of the Rights of Derogation shall immediately inform the other state parties to the present Covenant. Through the intermediary of the Secretary General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Now come to the point and see whether Pakistan is observing the relevant provisions of the present Covenant? Not at all. Pakistan is ignoring all the virus of the provisions. Pakistan has not been declared that there is an emergency. That is crystal clear violation of the article 4 of the Covenant. Pakistan is seriously breaching 4(2)of the present Covenant; article 6 of the Covenant states that every human being has the inherent right to life. Article 7 says that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 8 says no one shall be held in slavery, and slave trade in all their forms shall be prohibited.