Human Rights in Pakistan

The situation of human rights in Pakistan is complex as a result of the country’s diversity, large population, its status as a developing country and a sovereign, Islamic republic as well as an Islamic democracy with a mixture of both Islamic and colonial secular laws. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the right to bear arms.

The founder of Pakistan Muhammad Au Jinnah wanted Pakistan to be a moderate secular state blended with some Islamic values and principles. Nevertheless, Pakistan’s status as an Islamic Republic should not be confused or compared with other Islamic Republics in the region, such as the Islamic Republic of Iran. Unlike Iran, Pakistan is not a theocracy, but rather an Islamic democracy.

Although the government has enacted measures to counter any problems, abuses remain. Furthermore, courts suffer from lack of funds, outside intervention, and deep case backlogs that lead to long trial delays and lengthy pretrial detentions. Many observers inside and outside Pakistan contend that Pakistan’s legal code is largely concerned with crime, national security, and domestic tranquility and less with the protection of individual rights.

In May 2012, President Asif Ali Zardari signed the National Commission for Human Rights Bill 2012 for the promotion and protection of human rights in the country. Provincial and local governments have arrested journalists and closed newspapers that report on matters perceived as socially offensive or critical of the government. Journalists also have been victims of violence and intimidation by various groups and individuals. In spite of these difficulties, the press publishes freely, although journalists often exercise self-restraint in their writing.

Societal actors also are responsible for human rights abuses. Violence by drug lords and sectarian militia claims numerous innocent lives, discrimination and violence against women are widespread, human trafficking is problematic, and debt slavery and bonded labor persist.

Furthermore, the social acceptance of many these problems hinders their eradication. One prominent example is honor killings. Many view this practice as indicative of a feudal mentality but others defend the practice as a means of punishing violators of cultural norms and view attempts to stop it to as an assault on cultural heritage.

The major human rights problems included extrajudicial killings, disappearances, and torture. Poor prison conditions, instances of arbitrary detention, lengthy pretrial detentions, a weak criminal justice system, insufficient training for prosecutors and criminal investigators, a lack of judicial independence in the lower courts, and infringements on citizens’ privacy remained problems. Harassment of journalists, some censorship, and self-censorship were problems. There were some restrictions on freedom of assembly. Corruption was widespread within the government and lower levels of the police forces, and the government made few attempts to combat the problem. Rape, domestic violence, sexual harassment, honor crimes, abuse, and discrimination against women remained serious problems. Religious freedom violations, as well as violence and discrimination against religious minorities continued. Child abuse and exploitive child labor we’re problems. Widespread human trafficking, including exploitation of bonded laborers by land owners; forced child labor; and commercial sexual exploitation of children remained problems, as did lack of respect for worker rights. Some killings of individuals accused of crimes allegedly resulted from extreme physical abuse while in official custody.

During the year the nongovernmental organization (NGO) Society for Human Rights and Prisoners’ Aid (SHARP) reported 72 civilian deaths after encounters with police and 168 deaths in jails. an increase from the previous year. The police stated that these deaths occurred when suspects attempted to escape, resisted arrest, or committed suicide. Human rights observers, family members, and the media reported that security forces staged many of the deaths. Lengthy trial delays and failures to discipline and consistently prosecute those responsible for abuses contributed to a culture of impunity.

Mob violence remained a problem. During the year politically motivated disappearances continued. There were reports of disappearances in nearly all areas of the country. Some police and security forces held prisoners incommunicado, refusing to disclose their location. The Supreme Court continued its hearings on missing persons’ cases. In March the federal government formed a three-member judicial commission headed by a retired Supreme Court judge to look into the issue of disappearances. The commission’s mandate included preparing a comprehensive list of missing persons, suggesting ways to trace the missing persons, and finding those responsible for their disappearance. In May the commission held several meetings and recorded statements of family members and government officials. The HRCP reported that the creation of a commission on enforced disappearances did not appear to satisfy the hopes of the families of those who disappeared.

The law prohibits torture and other cruel, inhuman, or degrading treatment, but there were reports that security forces, including intelligence services, tortured and abused individuals in custody. During the year the NGO SHARP reported 4,069 cases of torture by police. During the year a significant increase in the total number of torture and rape cases was observed. Human rights organizations reported that methods of torture included beating with batons and whips, burning with cigarettes, whipping soles of the feet, prolonged isolation, electric shock, denial of food or sleep, hanging upside down, and forced spreading of the legs with bar fetters. Torture occasionally resulted in death or serious injury. Observers noted the underreporting of torture throughout the country.

There were accusations of security forces raping women during interrogations. The government rarely took action against those responsible. The HRCP annual report stated there were “592 cases of kidnapping for ransom in the Khyber Pakhtunkhwa, 241 in Balochistan, 244 in Punjab, and 163 in Sindh. “Prison conditions were often extremely poor and failed to meet international standards. Overcrowding was common, except for the cells of wealthy or influential prisoners. Prisons and detention centers were largely managed by the provincial governments. Human rights groups that surveyed prison conditions found sexual abuse, torture, and prolonged detention prevalent. The conditions in many of the prisons are so inhumane that criminals often leave more hardened than before their arrest.

Inadequate food and medical care in prisons led to chronic health problems and malnutrition for those unable to supplement their diet with help from family or friends.in many facilities provisions for sanitation, ventilation, temperature, lighting, and access to potable water were inadequate.

Prisoners sometimes also had to pay bribes, and bureaucratic procedures slowed access to medical care Foreign prisoners often remained in prison long after completion of their sentences because they were unable to pay for deportation to their home countries. There were various reports of prison riots during the year. Grievances that provoked the riots included overcrowding. deprivation of legal rights, slow disposition of cases, behavior of the jail administration, and lack of facilities. Police reportedly sometimes tortured and mistreated those in custody and at times engaged in extrajudicial killings.

According to SHARP, more than 100,000 prisoners occupied 73 jails originally built to hold approximately 36.000 persons. Police often did not segregate detainees from convicted criminals. Prisoners with mental illness usually lacked adequate care and were not segregated from the general prison population. Prison officials often kept juvenile offenders in the same facilities as adults, but in separate barracks. Despite keeping juveniles in separate barracks, at some point during their Imprisonment, children would be mixed with the general prison population. Often children were subject to abuse, rape, and violence from other prisoners and prison staff. Rather than being rehabilitated, the majority of child prisoners became hardened criminals by spending long periods in the company of adult prisoners.

Women were held in separate spaces from men in some, but not all, prisons. There were many reports of violence against women and rape in the prisons. Authorities at the local, provincial, and national level permitted some human rights groups and journalists to monitor prison conditions for juveniles and female inmates. According to SHARP, the government did little to improve conditions in detention facilities and failed to monitor existing conditions. As a result the situation appeared to deteriorate. Reports of torture increased during the year. The law prohibited arbitrary arrest and detention, but authorities did not always comply. Frequent failure to punish abuses created a climate of impunity. Police and prison officials frequently used the threat of abuse to extort money from prisoners and their families. There were improvements in police professionalism during the year. As in previous years, the Punjab provincial government conducted regular training and retraining in technical skills and protection of human rights for police at all levels.

There were reports that authorities filed FIRs without supporting evidence to harass or intimidate detainees or did not file them when adequate evidence was provided unless the complainant paid a bribe. There were reports that some police detained individuals arbitrarily without charge or on false charges to extort payment for their release. There were reports that some police also detained relatives of wanted individuals to compel suspects to surrender. Police routinely did not seek a magistrate’s approval for investigative detention and often held detainees without charge until a court challenged the detention. Some women in detention were sexually abused. When requested, magistrates approved investigative detention without determining its cause. In cases of insufficient evidence, police and magistrates sometimes colluded to issue new FIRs, thereby extending detention beyond the 14-day period.

Some Sindhi and Baloch nationalist groups claimed that their members were marked for arrest arid detained based on their political affiliation or beliefs.

During the year militant and terrorist activity continued in different areas of KP and FATA, and there were numerous suicide and bomb attacks in all four provinces and FATA. Militants and terrorist groups, including the TIP, the main Taliban militant umbrella group in the country, targeted civilians, journalists, schools, pro-government community leaders, security forces, and law enforcement agents, killing hundreds and injuring thousands with bombs, suicide at Lacks, and other forms of violence. Militant and terrorist groups often attacked religious minorities. A low- level insurgency continued in Balochistan.

During the year there were reports of civilian casualties and extrajudicial killings committed by government security forces during operations against militants. The human rights situation in KP and FATA did not improve. As many as 977 persons were killed there, while another 1,765 were injured in suicide attacks and bombings. Militants in KP and FATA blew up 85 boys’ and 55 girls schools.

The law provides for freedom of speech and of the press, and the government respected these rights in practice. Citizens generally were free to criticize the government publicly or privately without reprisal; however, they were restricted when criticizing the military. The government impeded criticism by monitoring political activity and controlling the media, and security forces at times harassed journalists. There were instances of the government shutting down private television channels and blocking certain media outlets from broadcasting. Journalists and their families were arrested, beaten, kidnapped, and intimidated by militants and criminal elements, leading many to practice self-censorship.

The law provides for criminal penalties for official corruption; however, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The NAB established v accountability courts to consider corruption cases. Some human rights groups charged that the NAB was a deviation from the normal justice system and that the government influenced the NAB. .

Corruption was pervasive in politics and government and various politicians and public office holders faced allegations of corruption, including bribery, extortion, cronyism, nepotism, patronage, graft, and embezzlement. Transparency International report indicated a rise in corruption. The police and the bureaucracy continued to be seen as the two most corrupt public sector institutions. .

Corruption within the lower levels of the police was common. The July survey by Transparency International noted that the major cause of corruption was lack of accountability, followed by lack of merit and low salaries. Some police were known to charge fees to register genuine complaints and accepted money for registering false complaints. Bribes to avoid charges were commonplace. Critics charged that SHOs’ appointments were politicized. Women also faced significant discrimination in employment awl were frequently paid less than men for similar work. In many rural areas of the country, strong societal pressure prevented women from working outside the home. .

The law prohibits slavery and all forms of forced labor. In practice the government did not enforce the prohibitions effecti4ely, and there were numerous instances in which such practices occurred. National legislation protects children from exploitation in the workplace; however, enforcement of child labor laws was weak, and child labor, including forced or bonded labor. remained a serious, pervasive problem. .