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UN Warns Pakistan Of Serious Consequences Over New Constitutional Amendments

The United Nations has raised serious concerns over Pakistan’s latest constitutional amendments, cautioning that the changes could weaken judicial independence and damage the country’s democratic framework. UN High Commissioner for Human Rights Volker Türk issued a detailed warning, saying the amendments were pushed through quickly without meaningful consultation with legal experts or the public.

In a video message released on the United Nations’ official SNS platform, Türk said Pakistan’s new amendment follows the same pattern as the earlier 26th Amendment which was also passed without adequate dialogue. He noted that such decisions undermine essential checks and balances within Pakistan’s governance structure.

According to Türk, the amendments pose grave risks to judicial independence, military accountability and respect for the rule of law. He said the changes appear to place the judiciary under direct influence of political leadership and executive authority and that this shift could have far-reaching consequences for democratic norms.

The amendments passed on 13 November created a new Federal Constitutional Court that now holds authority over constitutional cases. This change effectively removes the Supreme Court’s earlier power to hear constitutional matters since it will now handle only civil and criminal cases. Türk said this restructuring weakens the institutional strength of the judiciary and raises concerns about its long-term independence.

The appointment, promotion and transfer of judges have also been altered. Officials and observers fear the new system gives the executive excessive control. The President has already appointed the first Chief Justice of the Federal Constitutional Court and its initial batch of judges on the advice of the Prime Minister. Türk said such decision-making patterns risk exposing the judiciary to political pressure and reducing its ability to deliver impartial justice.

He added that no branch of government should have the power to influence or control the judiciary. He emphasised that the strength of any judicial system lies in its independence from political actors. When judges face pressure, he said, they struggle to apply the law equally and uphold human rights for every citizen.

Another major concern highlighted by the UN Chief relates to the amendment’s provision of lifelong immunity from criminal proceedings and arrest for the President, the Field Marshal, the Marshal of the Air Force and the Admiral of the Fleet. Türk said such sweeping immunity weakens accountability which is a fundamental element of democratic oversight and the rule of law, especially regarding the armed forces.

Pakistan’s Parliament approved the 27th Constitutional Amendment Bill earlier in November and President Asif Ali Zardari signed it on 13 November after its passage through both houses. Once approved by the President the bill became part of Pakistan’s Constitution.

The adoption of the amendments comes at a time when Pakistan’s military has gained unprecedented authority. Army chief General Asim Munir recently took charge as the country’s first Chief of Defence Forces, a position that centralises control of the armed forces.

Meanwhile, the Human Rights Council of Pakistan condemned what it described as the illegal arrest and detention of activist Farwa Askar and journalist Alifia Sohail who were protesting peacefully against the amendment outside the Karachi Press Club. The Council said both individuals were held for five hours before being released.

Türk concluded that the amendments risk altering Pakistan’s democratic structure and threaten principles that the Pakistani people value deeply. He urged the government to reconsider the changes through open dialogue, public participation and adherence to democratic norms.

(The content is sourced from agencies and has not been edited by mtimes.co.in.)

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