United Nations: UN Slams Pakistan: 27th Amendment Weakens Democracy, Threatens Judicial Independence
United Nations - UN Slams Pakistan: 27th Amendment Weakens Democracy, Threatens Judicial Independence
The United Nations has voiced strong objections to Pakistan's recently passed 27th Constitutional Amendment, warning that it could severely undermine the country's democratic framework and the independence of its judiciary. Volker Türk, the UN High Commissioner for Human Rights (OHCHR), expressed profound concern over these changes, stating that they've far-reaching implications, posing a significant threat to democratic principles, military accountability, and the rule of law.
The Controversial 27th Constitutional Amendment
Pakistan's parliament hastily passed the 27th Constitutional Amendment on November 13. Under this amendment, a new 'Federal Constitutional Court' (FCC) has been established and entrusted with the authority to hear constitutional matters, while this power was previously held by Pakistan's Supreme Court, which will now be restricted to civil and criminal cases only. This shift effectively strips the Supreme Court of one of its most critical functions, diminishing its supremacy and influence. Plus, the amendment grants lifelong immunity from criminal proceedings or arrest. To the President, Field Marshal, Air Force Marshal, and Navy Admiral. This provision offers unprecedented legal protection to the military leadership, effectively shielding them from any form of accountability.Rise of a Potential Dictator
The provisions of this amendment have raised fears that Pakistan's first Chief of Defense Forces (CDF), Asim Munir, could become a dictator. The lifelong immunity granted to military leadership places them beyond legal scrutiny, removing any effective checks on their power. Volker Türk has expressed deep concern over this situation, as it concentrates excessive power in an individual or institution, which is detrimental to a democratic system, while when military chiefs receive such broad immunity, they're enabled to make decisions without fear of repercussions, increasing the risk of arbitrary actions and abuse of power.UN's Deep Concerns Over Democratic Principles
Volker Türk stated on Friday that these amendments were passed without broad consultation, legal experts, or civil society participation. He noted that similar haste was observed with the 26th amendment last year, indicating a pattern of implementing significant constitutional changes without adequate debate and consensus. Türk warned that these changes contradict the principle of separation of powers, which is the cornerstone of the rule of law and the protection of human rights. The separation of powers ensures that the three branches of government—executive, legislative, and judicial—maintain checks and balances on each other, but this amendment disrupts that balance.Erosion of Judicial Independence
According to the United Nations, this move by Pakistan will weaken its judiciary. Specifically, the appointment of the first FCC judges by the President, on the advice of the Prime Minister, raises concerns about political interference. Türk emphasized that neither the executive nor the legislature should have the authority to control or direct the judiciary, stressing the importance of keeping the decision-making process free from political influence, while he reiterated that judicial independence is evaluated by how insulated tribunals are from government interference. If judges aren't independent, they fail to apply the law equally and protect human rights under political pressure. What's more, extensive changes have been made to the process of appointing, promoting, and transferring judges, which could further undermine the structural independence of the judiciary.Weakening of Accountability Mechanisms
Türk clarified that the extensive immunity granted to military officials. Would weaken the human rights framework and democratic checks and balances. He stated that such provisions destroy accountability, which is the bedrock of democracy, especially in a country like Pakistan, while when powerful individuals and institutions are granted immunity from legal accountability, they aren't held responsible for their actions, increasing the likelihood of corruption and human rights violations. This situation also erodes public trust and makes citizens feel that the law isn't applied equally to all.A Call for Reconsideration and Dialogue
These amendments in Pakistan come amidst opposition pressure against the Imran Khan government, where allegations of military influence on the judiciary have long persisted. The United Nations has urged Pakistan to reconsider these changes and involve civil society in a comprehensive dialogue, while human rights activists are labeling these changes as a 'constitutional coup,' designed to solidify military dominance and push the country towards a more authoritarian regime. Türk concluded by stating that democracy and the rule of law are paramount for the people of Pakistan, and it's the duty of every government to protect these principles. It's crucial to ensure that the country's constitutional framework doesn't undergo changes that jeopardize its democratic future.