Introduction - Pakistan: Legal & Rights Policy Analysis
Promoting and upholding human rights in the realm of international development entails a complicated undertaking characterised by intricate dynamics of both obstacles and prospects . The simultaneous pursuit of sustainable development on a global scale, while also ensuring the protection and advancement of human rights, is a goal that is both ambitious and necessary . The problems associated with this undertaking are considerable, accentuated by the inherent variations in viewpoints of human rights among different nations and cultures. The constant challenge lies in finding a careful equilibrium between honouring cultural relativism and providing a generally acknowledged framework. In addition, the conflict arising from the ideals of national sovereignty and the global dedication to human rights presents further challenges in incorporating rights-based approaches into development initiatives. However, some organisations see democracy human rights and the rule of law as distinct fields that support a fundamental understanding of governance that is more technically based and revolves around public resource management.
The pursuit of human rights within the framework of international development presents significant obstacles as well as encouraging prospects. The convergence of human rights and development constitutes a multifaceted terrain, necessitating the negotiation of deep political, socio-economic, and cultural intricacies. There exist numerous obstacles in the realm of human rights, encompassing a wide array of global perspectives and the frequently conflicting objectives of sovereign nations . In the context of sustainable development, states such as Pakistan face the challenge of balancing economic progress with the safeguarding and advancement of human rights for their whole population. Pakistan has ratified seven out of the nine fundamental United Nations (UN) human rights treaties, as well as all eight of the main “International Labour Organisation” (ILO) agreements. The legal framework in Pakistan comprises a wide range of rights with a specific focus on labour rights such as the eradication of child labour the establishment of minimum wage standards the prohibition of forced labour, and the prevention of discrimination . The country has additionally enacted a range of legislation aimed at safeguarding the human rights of its inhabitants in several domains, such as land ownership, tax noncompliance, ecological conservation, and efforts to combat corruption.
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Background and Context
The matter within the more expansive framework of global development
Pakistan is currently facing a severe and alarming energy crisis . In recent times, there has been an escalation in concerns regarding the disparity between energy use and production capability, posing significant challenges to Pakistan's socioeconomic stability . Therefore, it is imperative to investigate the correlation between power use, power costs, urban transition, other electricity usage, and economic growth in Pakistan throughout the period spanning from 1970 to 2018. To conduct an analysis, it is beneficial to utilise the second-generation econometric technique developed by Lee and Strazicich (2013), known as the Augmented Autoregressive Distributed Lag (AARDL) model, as well as the Frequency Domain Causality (FDC) approach . These methods are valuable in identifying the long-term, medium-term, and short-term relationships between variables.
The 18th modification that was ratified in April 2010, can be seen as the most significant modification to the Constitution of Pakistan given its extensive implications . The restoration of the parliamentary character of the Constitution resulted in a redefinition of the relationship between the Parliament and the judiciary . This was achieved through the proposal of parliamentary scrutiny on top judicial appointments and the devolution of several significant tasks to Provincial Governments. The redistribution of duty and authority in a decentralised manner created the framework within which different institutional actors reevaluated their responsibilities in a disputed environment in the period after the Amendment . Nevertheless, the process of implementation has proven to be a significant obstacle due to both covert and overt resistance from the federal bureaucracy, which often exhibits a strong reluctance towards resource and authority transfers.
The connection between International Law and Development Pakistan
"The Right to Development in International Law" thoroughly examines the concept of the right to development (RTD) within the framework of international law, constitutional rights, and the Islamic notion of social justice in the context of Pakistan . It subsequently delves into the domestic implementation of the right to development, focusing on the case of Pakistan . This country is currently experiencing significant changes in its internal governance systems and grappling with the difficulties of upholding the principles of the rule of law. The case of “Messrs. Najib Zarab Ltd. v. Government of Pakistan” was deliberated upon by the Karachi High Court, shedding light on the intersection of domestic and international legal frameworks. In this particular case the primary inquiries pertained to the recognition and implementation of international law mandates and recommendations inside the legal framework of Pakistan. Additionally, the existence and nature of these mandates along with the counsel they supplied were also subjects of investigation.
Literature Review
Challenges in Advancing Human Rights Policies in Pakistan
The term "Human Rights" encompasses a collection of legal and moral entitlements that are inherent to all individuals as members of the human species . These rights are inherent and universally applicable to individuals worldwide, regardless of their race, colour, gender, language political affiliation or other beliefs. Human rights are commonly understood to possess four fundamental characteristics universality, inalienability, inherentness and indivisibility. These characteristics collectively serve the purpose of safeguarding the lives of individuals with dignity. The UN outlines eight prerequisites for effective governance . It ensures that the views of minorities are taken into account, that corruption is kept to a minimum and that the voices of the most vulnerable sections of society are heard . Additionally, it satisfies the needs of the present and future societal generations. Pakistan's dynamic socio-political landscape presents a range of hurdles for the advancement of human rights policies within the nation . One of the main issues is Pakistan's heterogeneous cultural landscape which calls for a careful balancing act between universal human rights norms and cultural relativism. In order to make sure that policies are seen as reflecting and honouring local customs rather than as imposing foreign values that is imperative to resolve this contradiction .
Pakistan is currently experiencing elevated prevalence rates of both communicable and non-communicable diseases leading to a dual burden of disease (BOD) that is disproportionately affecting individuals with lower socioeconomic status . Approximately 50% of the burden of disease (BOD) is attributed to communicable diseases, health disorders connected to pregnancy, and malnutrition. Among young children diarrhoea and respiratory illness continue to be the primary causes of mortality . Maternal mortality resulting from preventable causes such as sepsis, haemorrhage and hypertensive emergencies is prevalent. Pakistan is among the three countries that continue to have endemic polio.
Evaluated the issues related to governance, the rule of law, and the effectiveness of existing institutions
The rule of law has an impact on government leaders and groups in many ways. They are accountable for their deeds, and whatever they do ought to be supported by the law. This suggests that those in charge are responsible for their decisions . The use of Pakistan's blasphemy laws as a weapon against religious minorities and those who practise other religions is still prevalent.
Human Rights Watch has recommended that the Pakistani government impose a moratorium on the blasphemy legislation as a preliminary measure towards its repeal, citing the law's consistent association with violent incidents . In addition, there are still significant issues with forced marriages, acid attacks, rape, "honour" killings, domestic abuse, and other types of violence against women and girls in Pakistan . This is exacerbated by ineffective laws and insufficient law enforcement. Unlike Bangladesh, Malaysia, and Indonesia, Pakistan does not yet have any laws against domestic abuse.
Investigate the barriers to the realization of socio-economic rights and the protection of vulnerable populations
Blasphemy charges have continued to incite violence against Muslims and other religious minorities in Pakistan . In one such case from January, a lady was found guilty of sending lewd texts on WhatsApp and was given the death penalty. In February, a mob in the Khanewal district lynched a man to death on the charge that he had torn pages from the Holy Qur'an . That was a sad event. An more troubling occurrence happened in Ghotki in October when a physically challenged man drowned at a shrine after being accused of blasphemy. The Domestic Violence (Prevention and Protection) Bill of 2021 was approved by the senate that same year, but the National Assembly did not pass it. During this legislative standoff, there have been a number of high-profile incidents of violence against women.
Violence and discrimination against the transgender population continued in Pakistan despite the Transgender Rights Act of 2018. The Federal Shariat Court heard a challenge to the Act in September from Senator Mushtaq Ahmad Khan of the Jamat-e-Islami party. Khan said that the Act promoted homosexuality and went against the declared Islamic objectives in the Constitution. The Council of Islamic Ideology has recommended that the government form a committee to evaluate the legislation. Additionally, it is worth noting that Pakistan exhibits significant prevalence rates of hepatitis B and C within its general population, affecting approximately 7.6% of individuals. This places Pakistan as the sixth country with the highest incidence of tuberculosis globally. The nation possesses a distinct geographic region characterised by a high prevalence of malaria, as well as a concentrated presence of HIV within populations at elevated risk. There is a need for enhanced disease surveillance and response systems throughout the entire country to effectively address other vaccine-preventable diseases and emerging infections. Pakistan exhibits a notably high rate of underweight children within the South Asian region. The implementation of the Sustainable Progress Goals (SDG) was driven by the ethical premise of ensuring that no individual or group is excluded, hence prioritising social justice and equity as fundamental aspects of progress . Universal health coverage (UHC) is a significant policy instrument for attaining enhanced accessibility to healthcare services, mitigating financial risks, and promoting the overall health of the community. It plays a crucial role in ensuring equitable access to and utilisation of healthcare services, leaving no one behind .
Theoretical Overview
Pakistan interprets international treaties and customary international law according to the 'dualist' viewpoint. This hypothesis states that whether or not Pakistan's municipal legal system incorporates international provisions will depend on the subject matter. This determines whether domesticating international law by legislative or executive action can facilitate its applicability in Pakistani courts. The definition of the requirements that each individual must fulfil in order to live a life with at least some dignity and well-being serves as the moral foundation for human rights. These rights comprise all the protections (negative rights) and benefits (positive rights) necessary for such a life these include rights that ensure access to needs like healthcare and protection from cruel treatment, like torture. This fundamental goal has been encapsulated in several significant declarations and legal treaties during the last several decades. It was clear that the government was failing to take responsibility for the corruption and misbehaviour of the security forces, which allowed the offenders to live in an atmosphere of impunity . Reports of corruption or violations of human rights committed by public servants were typically looked into by the authorities, who would then take appropriate action. The concept of human rights being universally applicable, as evidenced by the inclusion of such rights in publications like the Universal Declaration of Human Rights, emphasises the notion that these rights are innate to every person, regardless of cultural or national distinctions . The inclusion of theories pertaining to governance and the rule of law introduces supplementary perspectives that underscore the significance of proficient institutions and legal structures in upholding and protecting human rights. Scholars frequently utilise ideas of sustainable development in the field of international development, contending that the achievement of human rights is an inherent component of sustainable socio-economic advancement .
An environment of lawlessness marked by violence, abuse, and intolerance against social and religious groups has been encouraged by the existence of militant organisations and nonstate actors on a national and international scale . Terrorist violence exceeded the level of the previous year, and nonstate actors' breaches of human rights were a contributing factor in the occurrence of these situations. Many people have died as a result of terrorist and cross-border militant attacks that target police, soldiers, and civilians. Targeting terrorist and militant groups, the military, police, and other law enforcement agencies regularly carried out significant operations. t is necessary to situate the theoretical foundations within the country's own socio-political dynamics. This entails acknowledging the significance of cultural sensitivity and tailored strategies for advancing human rights, while operating within the wider framework of global norms and principles .
Legal Policy and Analysis
Demonstrated the strategies for effective implementation of human rights policies in the development of Pakistan
The judiciary operates independently in a sovereign state, yet it is nonetheless linked to the state and its obligations . Even if it operates independently from the legislative and executive branches of government on the inside, its acts provide an additional public face of the state. This suggests that, like the executive and legislative branches, the court has a responsibility to contribute to the domestic application of international law. Since Pakistan is an essential component of the federal government, the court cannot disregard its obligations to make sure the country abides by international agreements. Adhering to local law while acknowledging international law is insufficient. The judiciary is expected to take the lead in determining Pakistan's implementation of international legal standards.
An example of this can be found in the Zewar Khan case, where the Supreme Court upheld the Durand Line as the internationally accepted border between Pakistan and Afghanistan. This decision upholds and agrees with the executive branch's position about the legitimacy of the Durand Line. By adopting this legal stance, the Pakistani government can thereby actively further its diplomatic and global objectives.
Pakistan received a significantly higher number of recommendations in its third authorised presentation for the Universal Periodical Review (UPR) in 2017 compared to its previous submission in 2012 that accumulated a total of 289 recommendations. A total of 111 state delegations provided remarks, with 14 states submitting their questions in advance. The proposal for the Mid-term Review of the United Nations Country Team (UNCT) was formulated by the Human Rights Task Force (HRTF) that is a thematic group on human rights within the United Nations in Pakistan . The development of this proposal was conducted under the supervision of the UNCT and with the guidance provided by the UN Resident Coordinator's Office . This contribution is founded upon and intricately connected to the proposals put out by the “Human Rights Council” (HRC) and the “United Nations Country Team” (UNCT) “Universal Periodic Review” (UPR) participation. Furthermore, it is in accordance with the official “Universal Periodic Review” (UPR) submission of Pakistan.
The UNCT specifically calls on the Pakistani government to continue guaranteeing the full protection of refugees' fundamental human rights, including those of men, women, and children . This entails providing them with unfettered access to chances for employment, healthcare, and education on an equal basis. This help ought to go on until they are able to willingly, safely, and dignifiedly return home. The UNCT pledges to keep supporting and working with the Pakistani government to protect the rights of refugees .
Pakistan is focusing on bringing its policies closer together and enhancing coordination among various stakeholders. The “Sustainable Development Goals” (SDGs), which include improved governance and environmental, social, and economic sustainability, are recognised as being interdependent by the country. Externalities are often generated as a result of these connections. Pakistan is striving to maximise positive impacts—also referred to as "synergies"—while minimising negative effects, or "trade-offs". For example, the country monitors two key indicators for SDG target 3.9 (reducing deaths and diseases connected to pollution) through multiple departments, each of which assesses the information in a unique way .
Pakistan responded by holding extensive nationwide consultations and releasing the “National Health Vision” (NHV) 2016–2025. The process of political devolution in Pakistan has bestowed provincial healthcare systems with the responsibility of designing and organising institutions, programmes, and services for the delivery of healthcare. The significance of responsibility and leadership lies in the context of health-related Millennium Development Goals (MDGs), which were not fully accomplished, necessitating further efforts to address the more demanding targets of the Sustainable Development Goals (SDGs). The legislative backing for research and education has been reinforced by acts like the Pakistan Health Research Council Act of 2016 and the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act of 2016.
Assessed the efficacious policy for mitigating obstacles and optimising prospects
Encouraged Although there is a strong sense of impunity in Pakistan, views on the level of government accountability vary by city. Quetta respondents are the most critical of government accountability, while Lahore respondents are the most supportive . This necessitates the creation of an unbiased court, an open and responsible legal system, and a just and equitable legal system . As a check on the abuse of power by the legislative and executive branches, an independent judiciary is essential to maintaining the rule of law. Eighty-two percent of respondents surveyed depicted that had dealt with legal matters at some point during the preceding two years. Concerns about public services, customer complaints, and community and natural resources were the most common ones. Merely 14% of them sought the intervention of a third party or authority to resolve the conflict, mediate, or make a decision. Almost half of the respondents stated that their legal issue had resulted in hardship, with stress-related illnesses being the most common type of hardship highlighted.
The presence of varying local conditions across different locations has presented a multitude of difficulties and opportunities in regard to the application of global sustainability frameworks such as the “Sustainable Development Goals”. The implementation of a bottom-up transformative process, spearheaded by local communities, cities, and enterprises, holds significant potential for attaining sustainable objectives. This method is particularly advantageous as it allows for customization to suit the specific circumstances of each individual environment. Based on an extensive analysis of scientific literature and policy implementations, this study examines key obstacles encountered in the pursuit of local sustainability . These barriers encompass divergent perspectives on local objectives, conflicting interests among different groups of stakeholders, and the potential threats arising from future uncertainty.
The preservation of peace is contingent upon the adherence to the rule of law, as articulated by the General Assembly and Security Council in their joint resolutions about the revision of the reconciliation architecture. The United Nations system must enact a comprehensive and coordinated policy in order to sustain global peace . The formulation of this strategy should be predicated upon the establishment of coherence across political, security, development, human rights, gender equality, and rule of law endeavours, while concurrently endorsing efforts put forth by Member States. The reinforcement of the rule of law necessitates the adherence to international legal norms, particularly those pertaining to the utilisation of force, alongside the recognition that States bear a primary obligation to safeguard their populace against crimes of a grave nature, such as crimes against humanity, war crimes, genocide, and ethnic cleansing. The principle of the rule of law is a fundamental component of both the humanitarian and human rights agendas. It serves as the foundation for the humanitarian protection system and plays a critical role in comprehending and resolving the underlying factors contributing to statelessness and displacement.
Pakistani laws are not adequately enforced for a number of reasons. One of the main causes is corruption, which undermines the rule of law and has an impact on the operation of the judicial system. Wealthy and powerful individuals usually succeed in avoiding the law that disproportionately burdens those without these advantages. When it comes to law enforcement the lack of resources and poor institutions make things even more difficult. In Pakistan, ineffective law enforcement is caused by a number of factors including low public faith in law enforcement backlogs in court cases and political meddling in the judicial system. As a check on the abuse of power by the legislative and executive branches, an independent judiciary is essential to maintaining the rule of law. It guarantees that everyone is subject to the same laws and is held accountable for their acts regardless of status or position. Furthermore, judges must be appointed purely on the basis of their qualifications and moral character outside of political influence, and without consideration for their political allegiance.
Critical Analysis and Discussion
There are many obstacles in Pakistan's way of achieving the "Sustainable Development Goals (SDGs)". Inadequate coordination may make it harder to achieve these goals leading to unnecessary labour and a failure to establish productive partnerships. Furthermore, the involvement of stakeholders in various consultation procedures is restricted due to this lack of coordination. The overall lack of understanding and awareness of policy coherence and the interconnectedness of the SDGs that is essential for developing effective policies to achieve these goals is another significant barrier. Low grassroots awareness also impedes programmes and projects related to the SDGs.
The Pakistani government is committed to ensuring that its organisational policies and frameworks that conducive to promoting growth and sustainable development. This commitment also extends to resolving contemporary challenges in order to effectively implement the 2030 agenda in alignment with the country's national development objectives. The government aims to establish distinct duties and responsibilities within the federal, provincial, and local levels, foster synergistic interactions and mitigate resource deficiencies through innovative funding strategies. Promoting technology transfer from industrialised nations and establishing alliances among all stakeholders are additional essential approaches. However, due to its enormous population spread over a large geographic area and its fiscal constraints, Hence, Pakistan confronts various challenges, particularly in meeting nutrition-related criteria.
Reactive approaches to human rights focus on prosecuting lawbreakers while simultaneously providing victims with security, relief, and rehabilitation. It entails bringing attention to bystanders—those who are neither directly harmed nor in violation—in order to spur action and concern. To identify systemic issues in governance institutions, development organisations like the UNDP need to use this technique. Violation patterns point to institutional weaknesses that need to be strengthened or changed, particularly in the areas of implementation and law enforcement.
However, the proactive strategy that is crucial for institutions like the United Nations Development Programme (UNDP), encompasses four primary techniques: The work aims to explore various strategies for improving the efficacy of mechanisms that safeguard human rights, including the judiciary, human rights commissions, ombudsmen, and media. Additionally, it examines the potential for enhancing normative processes within the United Nations (UN) system through operational activities . Furthermore, it investigates the role of development programmes in promoting the realisation of human rights in diverse areas such as poverty reduction, crisis management, health, environmental sustainability, and democratic governance. 1) Enhancing public awareness regarding human rights issues and the available channels for seeking redress, potentially through educational initiatives.
A significant obstacle to the promotion of human rights is armed war and other grave security threats. Human rights breaches have been linked in studies to wars like the US "war on terror." Numerous studies continuously indicate that instances of human rights breaches are more prone to occur during periods of armed conflict. During periods of crisis, human rights organisations frequently face allegations of being a threat to security. In the context of the Israeli-Palestinian conflict, several governmental authorities and civil society organisations have identified some groups that express dissent towards government policies as potential threats to the overall security of the nation.
However, the simple act of ratifying these agreements does not suffice to enhance the safeguards for human rights. In a general sense, the efficacy of these agreements is contingent upon the magnitude and engagement of the domestic civil society.
The ramifications of corruption often become increasingly apparent in relation to economic, societal, and cultural rights. In contrast to civil and political rights, which generally entail state non-interference in individual liberties, these rights are commonly perceived as necessitating a higher level of public expenditure. Conversely, the complete realisation of all human rights may necessitate a substantial allocation of public resources. The International Covenant on Economic, Social, and Cultural Rights (ICESCR) upholds the principle of "progressive realisation," recognising that countries with limited resources may need more time to effectively implement economic, social, and cultural rights. This proposition posits that while states are obligated to commence the pursuit of fundamental rights promptly, they may use a gradual approach commensurate with their financial capabilities.
Conclusion
In conclusion, the representation of the human rights situation raises a number of important issues that point to underlying structural problems. These incidents include killings that occur without cause or consent, kidnappings, and torture carried out by governments or their proxies. Uncertainties regarding respect for the rules of law and justice are highlighted by the frequency of unfavourable conditions in prisons, cases of arbitrary detentions, and the imprisonment of people for political purposes.
Acts of violence directed towards journalists and the enactment of laws restricting free speech and the media highlight the significant limitations on exercising one's right to free speech. The previously mentioned concerns also extend to digital domains, where notable restrictions on internet freedom are observed. Furthermore, strict laws that impact non-governmental and civil society organisations severely restrict the exercise of the rights to peaceful assembly and association.
There are severe restrictions on the exercise of religious freedoms, which is a sign of larger issues with discrimination and intolerance. Laws that make consenting adult same-sex relationships illegal are a reflection of underlying discrimination based on sexual orientation.
Recommendations
In order for Pakistan to significantly improve its human rights situation and conform to the global goals for environmentally friendly development, it is essential for the country to implement an all-encompassing strategy that incorporates modifications to the legal framework of the nation, advancements in socioeconomic conditions, and inclusive governance. After that will Pakistan be able to meet the global goals for sustainable development and significantly improve its human rights situation.
Alterations to existing institutions as well as the applicable laws are a plausible candidate for a large part in the solution. It is absolutely necessary for Pakistan to take decisive action against instances of human rights breaches such as extrajudicial executions, incidents of forced disappearing, and instances of torture. This can be performed by performing an in-depth review of its legislative framework and making any adjustments that are deemed essential in order to guarantee that it complies with the predetermined norms and criteria relevant to international human rights. This needs laws that impose constraints to be either repealed or revised, ly those that violate the rights of individuals to freedom of speech and communication and have an excessively detrimental effect on communities that are already marginalised.
The imperative to address widespread socio-economic inequality is crucial in the pursuit of advancing human rights. The realisation of basic rights is frequently impeded by factors such as poverty, limited access to education and disparities in resource allocation. In order to effectively promote sustainable development it is imperative to accord priority to inclusive economic growth with the implementation of social welfare programmes. The fundamental importance lies in guaranteeing political dedication to the protection and promotion of human rights. It is vital to exert endeavours in order to cultivate political determination throughout various tiers of government, hence establishing a governance framework that adheres to the fundamental tenets of transparency, accountability, and inclusivity. Pakistan has the potential to derive advantages from engaging in international collaborations and establishing partnerships with esteemed organisations such as the United Nations and regional entities. Participating in productive debates and exchanging knowledge helps bolster the nation's ability to effectively implement human rights policies. The alignment of national development plans with human rights concepts, specifically the Sustainable Development Goals (SDGs), presents Pakistan with a valuable prospect to include human rights considerations into its policy framework . The integration of social and economic factors in development ensures a comprehensive and all-encompassing approach.
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