ISLAMABAD: UN High Commissioner for Human Rights Volker Türk this week raised alarm over Pakistan’s recent constitutional amendments, saying that they undermine judicial independence and raise “grave concerns” over military accountability and rule of law.
Signed into law earlier this month, Pakistan’s 27th constitutional amendment empowers a new Federal Constitutional Court (FCC) to hear constitutional cases, replacing the previous authority of the Supreme Court. The government has been empowered to make decisions about the transfer of judges and appoint the FCC’s judges.
The amendments also elevate Army Chief Field Marshal Syed Asim Munir to the new post of Chief of Defense Forces. They also grant lifetime immunity from criminal proceedings and arrest for the president, field marshal, marshal of the air force and admiral of the fleet.
Pakistan’s government has said the parliament reserves the right to amend the constitution as per law. It defended the changes to the constitution, saying the FCC will reduce the backlog of cases pending before the Supreme Court, ensuring speedy dispensation of justice to the masses.
“UN High Commissioner for Human Rights Volker Türk said today that Pakistan’s hastily adopted constitutional amendments seriously undermine judicial independence, and raise grave concerns about military accountability and respect for the rule of law,” said the UN Human Rights Office of the High Commissioner on Friday.
Türk warned the amendments had been adopted “without broad consultation and debate” with the legal community and civil society. He warned the amendments run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in Pakistan.
“Neither the executive nor legislative should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making,” the UN rights chief said.
He criticized the lifetime immunities from criminal prosecution undermine accountability, which he noted remains a cornerstone of the human rights framework and “democratic control of the armed forces under the rule of law.”
“I am concerned that these amendments risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear,” Türk added.
