iv id=

This non-recognition of one of the most vital functions of the international collective was evident from systematic acts of omission. While Pakistan had honoured its adherence to the non-enforceable Universal Declaration of Human Rights (UDHR) of 1948 by incorporating most of its provisions in its constitution, it completely ignored the two more important constituents of the International Bill of Rights, namely, the two covenants of 1966 (ICESCR and ICCPR) till 2004 when the ICESCR was signed.

And although Pakistan ratified the Convention for the Elimination of all forms of Racial Discrimination (CERD) of 1966 in the same year, the Convention on the Rights of the Child (CRC) of 1989 in 1990 and the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 1979 in 1996, its record of implementing these treaties has been, on the whole, dismal.Besides, the government's lack of interest in special procedures has often bordered on contempt for the system. The special rapporteurs (especially on right to information, independence of the judiciary, rights of women) were denied visits to Pakistan and if the rapporteurs on freedom of belief and torture were extended one-visit facility the reluctance to be open with them was hardly concealed. Above all, instead of acknowledging and helping the Pakistanis who had created a niche for themselves in the UN system, our diplomats sometimes tried to earn their keep by running them down.

Queries received from the rapporteurs were often answered after long delays or not at all and when the government did choose to respond its replies were usually incomplete and evasive. Its reports to committees on CRC and CEDAW were neither comprehensive nor wholly truthful and, contrary to treaty obligation, neither the reports nor the relevant committees' observations were shared with the people.

The sole purpose of recalling this unenviable past is to persuade the authorities to eschew actions and attitudes that not only affected Pakistan's standing in the international human rights fraternity but also, and more importantly, deprived the people of this country of the benefits of humankind's advances in defining basic human rights and devising the means of their realisation.

With the latest ratifications Pakistan has become a party to the key human rights instruments — UDHR, ICESCR, ICCPR, CEDAW, CRC, CERD and CAT. This means that the government must now pay due attention to the obligations it has assumed by adhering to these treaties and standards. The very first task is to sensitise the ministries/departments concerned withn the task of implementing the human rights instruments, such as the ministries of law and justice, parliamentary affairs, human rights, foreign affairs, interior, education, health, minority affairs, women development and information, about their responsibilities and the best ways to discharge them. At the same time the government should use its information services to make the people aware of their rights as defined in the international treaties.

The state functionaries and the public both need to be informed of the place of ICCPR (as well as ICESCR) in the mechanism for the enforcement of rights. To begin, with, the covenant amplifies the rights inscribed in the UDHR. For instance, ICCPR amplifies the right to protection against unlawful detention by declaring that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation” (Article 5).

Similarly, the covenant lists seven conditions that constitute the minimum guarantees to fair determination of any criminal charge against anyone (Article 14). While calling for prohibition by law of any propaganda for war the covenant also declares that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law” (Article 20).

As regards the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), all concerned must be made to comprehend the meaning of torture as pain or suffering, physical or mental, deliberately caused by or at the instigation of a public official for obtaining confession/information, or as punishment, or for coercion/intimidation.

The state's obligations have been summed up in Article 2 of the convention (i) the state shall take effective legislative, administrative, judicial or other measures to prevent (not merely to punish) acts of torture on its territory; (ii) no circumstances (war, political instability or public emergency) may be invoked to justify torture; and (iii) any order from a superior authority may not be invoked as a justification for torture.

The government must also realise that adherence to international human rights treaties demands enabling all citizens to enjoy their basic rights. Quite a few rights are not covered by Pakistan's statutes; these gaps should be filled at the earliest. In many areas laws and procedures need refinement and elaboration. This and the obligation to file periodic reports on compliance with treaty provisions demand the creation of a mechanism for overseeing implementation, reporting and studying the feasibility of a continuous review by a domestic authority.

In order to facilitate enforcement of human rights treaties special protocols have been attached to many of them. The government must take a look at these protocols. Pakistan signed the two excellent protocols to the CRC — one on the use of children in war and the other on the sale of children and their use for prostitution/pornography — in 2001, and it is time both were ratified.

The protocol to CEDAW need not be ignored any longer. The ICCPR has two essential protocols. The first one that allows citizens of a state party access to the UN redress mechanism is not favoured by many states but the second one only seeks the abolition of the death penalty, and its ratification will be in accord with the present government's policy.

In the beginning administrators in all countries are rarely enthusiastic about their human rights responsibilities, particularly if they involve restrictions on their arbitrary use of power, but wherever the task is sincerely pursued promotion of human rights becomes as magnificent an obsession and as rewarding as true love. So let it be in Pakistan too.