Key Points
- Pakistan dismissed UN Human Rights Office concerns as “baseless” and “misplaced.”
- The 27th constitutional amendment was passed by a two-thirds majority in Parliament, following due constitutional procedures.
- Pakistan emphasized that all legislation and constitutional changes are the sovereign prerogative of its elected representatives.
- The government reaffirmed its commitment to human rights, dignity, freedoms, and the rule of law.
- Islamabad expressed regret that its perspective and ground realities were not reflected in the UN statement.
- Pakistan urged the UN High Commissioner to respect parliamentary decisions and avoid politically biased commentary.
ISLAMABAD: Expressing deep concern, Pakistan has strongly rejected what it described as “baseless” concerns raised by the Office of the United Nations High Commissioner for Human Rights regarding the country’s 27th constitutional amendment.
In an official response on Sunday, Pakistan expressed deep concern over what it called “ungrounded and misplaced apprehensions” aired on behalf of the UN office about legislation passed by a two-thirds majority in the Pakistani Parliament.
“Like all parliamentary democracies, all legislation and constitutional amendments fall within the exclusive domain of the elected representatives of the people of Pakistan,” the statement said. “Democracy and democratic methods form the bedrock of civil and political rights and must be respected.”
The government emphasized that the constitutional amendments were adopted following the procedures enshrined in Pakistan’s Constitution and reiterated its commitment to protecting and promoting human rights, human dignity, basic freedoms, and the rule of law.
While Pakistan acknowledged the importance of the work of the UN High Commissioner for Human Rights, it expressed regret that its perspectives and ground realities were not reflected in the UN statement.
Pakistan called on the High Commissioner to respect the sovereign decisions of its parliament and avoid issuing commentary it described as politically biased or misleading.
The 27th Amendment
The 27th Amendment, which came into effect on November 13 following President Asif Ali Zardari’s assent, was first passed by the Senate and subsequently approved by the National Assembly with 234 votes.
The House introduced certain tweaks, which were once again approved by the Senate by 64 votes, meeting the two-thirds majority requirement in the 96-member chamber.
The UN High Commissioner for Human Rights, Volker Turk, in a statement on Friday had expressed concern that the amendment “seriously undermines judicial independence,” arguing that the establishment of a new Federal Constitutional Court (FCC) with authority over constitutional cases risks subjugating the judiciary to political interference.
Turk emphasized that “neither the executive nor legislative should be in a position to control or direct the judiciary.”
Key Provisions of the 27th Constitutional Amendment
Chief of Army Staff to assume role as Chief of Defence Forces
Lifetime titles of Field Marshal, Marshal of Air Force, and Admiral of Fleet preserved
Incumbent Chief Justice (CJ) to complete current term
Senior-most among Supreme Court CJ and FCC CJ to be designated Chief Justice of Pakistan
Establishment of a Federal Constitutional Court with equal provincial representation
FCC empowered to take suo motu notice upon petitions
President and Prime Minister to play key roles in judicial appointments
Presidential immunity limited if assuming public office post-tenure
Judicial Commission to decide transfers of High Court judges; objections to be reviewed by Supreme Judicial Council
Pakistan reiterated that democratic procedures and parliamentary sovereignty are central to the nation’s constitutional framework, and stressed that the amendment was passed in line with these principles.
