LAHORE: There exists a massive disconnect between domestic law and international human rights standards related to freedom of assembly, despite Pakistan’s binding legal obligation to bridge these gaps after ratifying the international covenant on civil and political rights and international covenant on economic, social and cultural rights.

The Human Rights Commission of Pakistan (HRCP) has, in partnership with the International Federation for Human Rights (FIDH), released a study titled “Freedom of peaceful assembly in Pakistan: A legislative review,” which points out the dichotomy.

The study identifies the laws and procedures that are used to restrict the constitutional right to freedom of peaceful assembly, either directly or indirectly. These include provisions in the Pakistan Penal Code, the Criminal Procedure Code, the Maintenance of Public Order Ordinance, the Police Order, the Anti-Terrorism Act, the Prevention of Electronic Crimes Act and other ancillary laws.

Study identifies laws used to restrict constitutional right

The study maps the range of situations and provinces/areas in which these laws and procedures have been used to restrict this right between 2010 and 2020. Of the 858 assemblies that took place during this period, the study notes at least 392 instances in which curbs on the right to freedom of assembly were disproportionate and unwarranted, involving excessive use of force, arbitrary arrests or detentions, registration of criminal and terrorism charges against participants, imposition of wholesale bans, and other attempts to obstruct assemblies.

About the media, the report notes that generally, media outlets and journalists enjoyed unrestricted access to all manners of assemblies. In rare cases, however, it became apparent that the media had been specifically directed not to cover certain events.

From 2018 till 2020, the PTM staged numerous rallies, demonstrations, political gatherings and protests all over the country. It raised several issues, including but not limited to racial profiling and marginalisation of Pashtun citizens in ex-FATA, extra-judicial killings and enforced disappearances at the hands of security forces, and the continued presence of landmines in certain tribal districts.

Shockingly, virtually none of their activities was covered by electronic media, leading to the impression that unidentifiable actors, most likely from within the state machinery, had imposed an unspoken and unannounced ban on media coverage of the PTM.

The report recommends reassessing the current legislative framework, which is still deeply rooted in colonial-era policing strategies; creating and enforcing better protocols for law-enforcement agencies that involve training in human rights and crowd-management practices, with emphasis on minimal use of force; allowing unrestricted media and digital access to assemblies; and facilitating free speech and movement for all assemblies rather than imposing content-based restrictions or blocking routes. The deployment of armed forces or paramilitary groups to police assemblies should be avoided at all costs and must be kept as a measure of last resort. Where they are requisitioned to contain crowds, they should be subservient to civilian authorities and the state must ensure that they have adequate knowledge of crowd control and management.

Published in Dawn, March 18th, 2022