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Pakistan is not implementing its Constitution and Magna Carta of Humanity-Kachkol Ali Advocate

Pakistan is not implementing its Constitution and Magna Carta of Humanity-Kachkol Ali Advocate


13 / 12 / 2021 Report 182


Today the famous 'Universal Declaration of Human Rights' was promulgated on 10th December, 1948 by the General Assembly of the United Nations. Even today is the day United Nations Universal Declaration of Human Rights , but the Pakistan ‘s Police are seriously violating Articles 13 and 20 of the universal Declaration :

Art.13 holds that everyone has the right to freedom of movement and residence within the borders of each state .

Whereas the indigenous peoples of Gwader under International law and as fiduciary , Public institution Pakistani Police or other law enforcers bear obligations to safeguard their subjects , in this direction Pakistani institutions must observe the Kantian Principle of non-instrumentalization action by ensuring that all persons are regarded always as ends-in- themselves and never as mere means. On this fiduciary theory of the state of the state, human rights come into focus as institutionally grounded, therefore Pakistani ruler  must keep it in their minds because a state’s fiduciary obligations or responsibilities are constitutive of its legal authority , Public institutions including Police can not violate these obligations . See page 52 vol 34 , Human Right Quaterly . Human Rights, emergencies, and the Rule of Law.

Art. 20 (1) of universal Declaration says that everyone has the right to freedom of peaceful assembly and association.

But regrettably the rulers of Pakistan neither respect the International Law and instruments nor it own constitution. For the purpose of brevity please read Articles 15 and 16 of Pakistan constitution.

Article 18 holds that everyone has the right to freedom of thought, conscience and religion ; this right includes freedom to change his religion or belief, and freedom ,either alone or in Community with others in public or private , to manifest his religion or belief in teaching , practice , worship and observance . Unfortunately in Pakistan bigotry has been indoctrinated by the state as an element being systematic weaponised against dissidents and different of ideology and fact that religious militancy is patronized the militarized state apparatus and religious leaders and parties, crucial example is the recently unfortunate tragic lynching of a Sri Lankan factory manager in Sialkot.

There are thirty Articles in the Declaration inscribed political, civil, social, economic and cultural rights of the peoples. Including four freedoms expressed by the American president Franklin D Roosevelt :

  1. a) Freedom of speech and expression.

  2. b) Freedom of belief and religious activities.

  3. c) Freedom from want and

  4. d) Freedom from fear.

The Declaration is exemplary and advisory in nature. It prescribes normal standard of the Human Rights to be provided to all men of the world by their states, after making appropriate legislation. For this purpose necessary clauses and Article to be included in their constitutional documents.

 The Universal Declaration of Human Rights is only inspiring and recommendatory.

Since this Declaration is not binding under international law on the signatories, therefore, the General Assembly of the U. N. O. adopted two Covenant on 16th December, 1966 which became into force on 3rd January, 1976 those are binding to the state parties in accordance with its terms subject to reservations.

Both the Covenant cover all the Rights of people mentioned in 30 Articles of the Universal Declaration of Human Rights, as under:-

  1. Civil and Political Rights and

  2. Economic, Social and Cultural rights.

Bread and liberty are two sides of the same coin, and deprivation of either must inevitably damage the fabric of the other. The freedom to agitate for bread and substance to fight for one's liberties are concomitant. As a matter of fact the Universal Declaration of Human Rights encompasses within itself the political rights of life, liberty and security of person (Article 3), and the economic right that everyone has the right to work and protection against unemployment (Article 23).

The Universal Declaration of Human Rights, International Covenant on Civil And Political Rights,the International Covenant on Economic, Social and Cultural Rights constitute a trinity often called the magna carta of humanity.

Speaking generally, many fundamental freedoms of the international magna carta find a place in Pakistan Constitution, but due to lack of enforcement by Judiciary and non implementation by the parliamentarians precisely because both organs of the State are under the influence of security establishment, therefore, the rule of life and of law leave millions of humans right less animals under the sovereign so-called Islamic Republic of Pakistan.

The great orator Isocrates says "The soul of the state is its constitution which has the same power as the mind over the body, for it is that and nothing else which deliberates on everything, which tries to preserve what is good and to avoid disaster. Laws, politicians, private citizens, all must necessarily take on its likeness and act in accordance with whatever kind of constitution they live. "

It would not be out of place to mention here that CHAPTER 1. FUNDAMENTAL RIGHTS Articles 8-28 R /W Article 4 of the Constitution of the Islamic Republic of Pakistan.

Here we peruse Articles of Fundamental Rights which are being seriously infringed and abridged by the state's security forces and law enforcement agencies.

Article 8. Laws inconsistent with or derogation of Fundament Rights to be void. Evidently, in the name of national security with clumsy grounds and non - derogable civil and political rights such (torture, enforced disappearances and summary executions) are being always violated, by security forces and law enforcers across the country, in particular in Balochistan.  Why eras no state of emergency permits the state security forces to exercise the right of derogation in an absolute or arbitrary manner. Which is crystal clear violation of Article 4 of the ICCPR and peremptory norms of international law.

Article 9. Security of person:-

No person shall be deprived of the life or liberty saves in accordance with law.

This is the first Article in relation with the Fundamental Rights of person. As per this Article two securities are provided i.e. one protection of life and the other protection of liberty. Life and liberty of any person cannot be deprived except after due process of law. Prima fecia in Pakistan, particularly in Balochistan scenario is alarming, neither the life of Baloch are safe nor their civil liberties are protected, rather they are at the mercy of the security forces. Summary executions are the order of the day.

In the Article 3 of the United Nation's Universal Declaration of Human Rights, 1948 the Right of Security been provided as under:-

Everyone has the right to life, liberty and the security of person. By using the term 'in accordance with law' means that ever person has well recognized and inviolable Right and not beyond the Right available in the doctrine of 'due process'. The Right includes the Right of fair trial in an impartial court with the consultation and advice of advocate of his or her choice.

In case emergency declared and Fundamental Rights are suspended, the Article 4 of Pakistan constitution remains in existence and applicable.

Article 10. Safeguard as to arrest & Detention.

No person (who is arrested), shall be detained - in-custody, Without being informed, as soon as may be, of the Grounds for such Arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

  1. Every person who is arrested and detained in custody shall be produced before a Magistrate, within a period of twenty - four hours of such arrest.

The Article 9 of the United Nation's Universal Declaration of Human Rights provides a common rule of identical nature under the head:

No one shall be subjected to arbitrary arrest, detention or exile.

Arbitrary and administrative detention are being conducted by the state security forces across Balochistan, thousands are detained including women and girls are languishing sexual violence in torture cells and military internments, without trail.

Article 14. Inviolability of dignity of man etc.

(1) The dignity of man and subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

It is appears from the current affairs that law enforcement agencies in particular paramilitary forces don't not bother what is dignity of man and the privacy of home. They often raided and looted the homes, abducted women and girls and put them in internments and torture cells.withou access to their families and lawyers.

In the United Nation's Universal Declaration of Human Rights the Article 12 emphasis more or less the same concept of Rights as under:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attack upon his honor and reputation, everyone has the right to the Protection of the law against such interference or attacks.

Article 1. Of the Declaration mandates that all human beings are born free and equal in dignity and rights.

Article 5 says that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 15. Freedom of movement, etc.

Every Citizen shall have the right to remain in, and (subject to any reasonable restrictions imposed by law in the public interest), enter and move freely throughout Pakistan and to reside and settle in any part thereof.

It is pertinent to mention that Baloch has been deprived from this inherent right, there are hundreds barriers and chains are installed on every routes and roads where security forces humiliated them. Rather many have been enforced disappeared in the way on their journey and eliminated or abducted now they in torture cells or custodially killed or through engineered fake encounter and law enforcers repression on the other. Which demonstrates constitutionalised State terrorism.

Article 13 of the Universal Declaration of Human Rights holds that everyone has the right to freedom of movement and resistance within the borders of each State.

  1. Everyone has the right to leave any country, including his own and to return to his country.

Article 16. Freedom of Assembly. Every citizen shall have the right to assembly peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

This inherent Right of Baloch has been snatched since a decade, only those political parties can mobilize and arrange to assembly on the sweet will of the security establishment. Any reasonable restrictions has always been misappropriated and misinterpreted by the state security forces or on their discretion through police officers and law enforcement agencies.

Article 20 (1) of Universal Declaration says That  everyone has the right to freedom of peaceful assembly and association.

  1. No one may be compelled to belong to an association.

Article 20. Freedom to profess religion and to manage religious institutions:

  1. a) every citizen shall have the right to profess, practice and propagate his religion, and

  2. b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

It is regrettable to state that in Pakistan the minorities are leading a miserable life, textbook example is is Asia Bibi was wrongly involved in a blasphemy case was sentenced death penalty by the trial court and the high Court of Lahore upheld the conviction of the trial, on 31.10.2018 the apex court of Pakistan set aside the judgments of trial court and first appellate court and acquit her, as we observed what was the reaction of the the state sponsored fanatic, they threatened judges and the government, Asia Bibi after acquittal yet her life is in danger.

Article 18 of the universal Declaration holds everyone has the right to freedom of taught, conscience and religion, this right include freedom to change his religion or belief, and freedom either alone or in community with other and in public or private, to manifest his religion or belief in teaching practice, worship and observance.

It is pertinent to mention here that in this global village the international human rights organizations ask the UNO and its sister organizations regarding Fundamental Rights for the peoples of Pakistan in particular Baloch enforced disappearances persons, the victims of the relatives are sitting in the front of Quetta press Club since many years.

The behavior of the state and government revealed that they have no respect for Upholding the rule of law, Supremacy of constitution and inherent citizens rights which are enshrined in the constitution of Pakistan which I hereinabove discussed to some extent in details.

Rule of law is the foundation of Human Rights. How strong is the foundation is to be judged both by substantive law and procedure remedies.

In September 2005 the Council of the International Bar Association passed a resolution in which it said:

The Rule of Law is the foundation of a civilized society. It establishes a transparent process accessible and equal to all. It ensures adherence to that both liberate and protect. The IBA calls all countries to respect these fundamental principles. It also calls upon all members to speak out in support of the Rule of Law within their respective communities.

While the resolution attempted no definition, it listed certain components of the rule of law, among them an independent, impartial judiciary, presumption of innocence and the right to fair trial and public trail without undue delay. It described as 'unacceptable' arbitrary arrests, secret trail, indefinite detention without trial, cruel or degrading treatment or punishment and intimidation or corruption in electoral process.