- All legislation, amendments Parliament’s exclusive domain: FO
- stresses that proper procedures were followed to adopt the tweaks.
- The ministry says Pakistan is committed to protection of rights, freedoms.
ISLAMABAD: Expressing deep concern, Pakistan has categorically refuted the baseless and misplaced apprehensions on behalf of the United Nations High Commissioner for Human Rights over the recently passed 27th constitutional amendment.
In a statement issued on Sunday, the Ministry of Foreign Affairs highlighted that the constitutional amendments were passed by a two-thirds majority of Parliament and that “all legislation, as well as any amendment to the Constitution, remains the exclusive domain of the elected representatives of the people of Pakistan”.
“Democracy and democratic methods form the basis of civil and political rights and must therefore be respected,” it said.
The ruling coalition had earlier this month passed the 27th constitutional amendment in the Senate and National Assembly amid opposition from opposition benches, which eventually came into effect on November 13 after President Asif Ali Zardari’s assent.
The amendment was first passed by the Senate; However, the NA approved it by 234 votes and added amendments, which were once again approved by the Senate by 64 votes (a two-thirds majority in the 96-member House).
Key Provisions of the 27th Amendment
- Chief of Army Staff to assume the role of Chief of Defense Forces
- Field Marshal, Marshal of Air Force, Admiral of Fleet titles remain for life
- The sitting Chief Justice remains the CJP until the end of the current term
- Senior-majority among SC CJ and FCC CJ will be appointed as Chief Justice of Pakistan
- Creation of the Federal Constitutional Court
- Equal provincial representation approved in the Federal Constitutional Court
- FCC authorized to take suo motu notice of petitions
- President and Prime Minister to play a key role in judicial appointments
- Presidential immunity limited if the president assumes public office after the term of office
- Judicial Commission to decide transfer of Supreme Court Judges
- Objections to transfers must be dealt with by the Supreme Judicial Council
However, UN High Commissioner for Human Rights Volker Turk had said in a statement issued on Friday that the adjustments “seriously undermine judicial independence” while raising serious concerns about accountability and respect for the rule of law. The news reported Friday.
“Under the amendments passed on November 13, a new Federal Constitutional Court (FCC) has been given powers over constitutional matters, replacing the previous authority of the Supreme Court, which will now hear only civil and criminal cases,” the statement read.
“These changes together risk subjecting the judiciary to political interference and executive control,” Turk said.
“Neither the executive nor the legislature should be able to control or direct the judiciary and the judiciary should be protected from any form of political influence in its decision-making”, the UN official added.
In response to Turk’s statement, the FO emphasized today that the constitutional amendments adopted by parliament followed due procedures enshrined in the country’s constitution.
“Pakistan remains fully committed to protecting, promoting and upholding human rights, human dignity, fundamental freedoms and the rule of law as enshrined in the Constitution of the Islamic Republic of Pakistan,” the FO’s statement read.
The FO noted that it was regrettable that Pakistan’s views and realities on the ground were not reflected in the statement issued, and urged the UN High Commissioner for Human Rights to “respect the sovereign decisions of the Parliament of Pakistan and avoid comments that reflect political bias and misinformation”.
