UN expresses concern over hasty constitutional amendments in Pakistan

He emphasized that these reforms seriously undermine judicial independence, military accountability, and respect for the rule of law in the country.


The head of UN human rights stated that the latest constitutional amendment had been passed without consultation or debate with the legal community and civil society, and it contradicts the principle of separation of powers—a principle that protects the rule of law and human rights in Pakistan.


Under these reforms, which were approved on November 13, a "Federal Constitutional Court" has been granted jurisdiction over constitutional cases, eliminating the previous authority of the Supreme Court in this area. From now on, the Supreme Court in Pakistan will only handle civil and criminal cases.


The systems for appointing, promoting, and transferring judges have also been altered, raising serious concerns about the erosion of the structural independence of Pakistan's judiciary. The first president of this new court and the first group of its judges have been appointed by the president in consultation with the prime minister.


The UN Commissioner added: "One of the key criteria for judicial independence is that courts be shielded from political interference by the government. If judges are not independent, they cannot enforce the law impartially or defend human rights against political pressures."


The amendment also creates lifelong immunity from criminal prosecution and detention for the president, field marshal, air chief marshal, and admiral of the navy. He noted: "These reforms, by establishing immunity, undermine the principle of accountability, which is one of the fundamental pillars of human rights and democratic oversight of the armed forces under the rule of law."


The UN Commissioner concluded: "These reforms will have far-reaching and dangerous consequences for the principles of democracy and the rule of law, which the people of Pakistan hold dear."

Volker Türk, the United Nations High Commissioner for Human Rights, expressed his concern in a statement regarding the hasty constitutional reforms in Pakistan.

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