International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) establishes a framework for States to protect and promote the civil and political rights of their citizens, whilst also emphasizing on the importance of rectifying violations of these rights. With 53 Articles, the ICCPR consists of substantive, implementing and derogation provisions. The substantive provisions create, define or regulate rights, these include Articles 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27. The implementing provisions highlight implementation procedures and preclude the signatory parties from refusing compliance with certain obligations, such as Articles 2, 4(2), 44, 48, 49, 50 and 51. Finally, the derogation provisions, i.e. Articles 4(2)-(3) and 5(2), allow for the signatory parties to refuse compliance with certain obligations.
| ARTICLE | CONTENT |
| Article 1 | Self-determination |
| Article 2 | State Party obligations (taking legislative or other measures to protect the rights enlisted in the Covenant; providing the right to legal recourse to those whose rights have been violated even where the violation was committed by someone acting in an official capacity) |
| Article 3 | Equal right of men and women to enjoyment of civil and political rights |
| Article 4 | Public emergency provisions |
| Article 5 | Restriction and derogation provisions |
| Article 6 | Right to life |
| Article 7 | Prohibition against torture, cruel, inhuman or degrading treatment or punishment |
| Article 8 | Prohibition against slavery, servitude and forced or compulsory labour |
| Article 9 | Right to liberty and security |
| Article 10 | Treatment of persons deprived of their liberty |
| Article 11 | Prohibition against imprisonment for failure to fulfil contractual obligation |
| Article 12 | Right to liberty of movement |
| Article 13 | Provision on lawful aliens |
| Article 14 | Due process and fair trial guarantees |
| Article 15 | Prohibition against retrospective liability and punishment |
| Article 16 | Right to recognition before the law |
| Article 17 | Protection against arbitrary or unlawful interferences with privacy, family, home or correspondence |
| Article 18 | Right to freedom of thought, conscience and religion |
| Article 19 | Right to freedom of expression |
| Article 20 | Prohibition of propaganda for war and incitement |
| Article 21 | Right of peaceful assembly |
| Article 22 | Right to freedom of association |
| Article 23 | Protections afforded to family (marriage and responsibilities) |
| Article 24 | Protections afforded to children (registration, nationality) |
| Article 25 | Right to take part in public affairs, vote and have access to public service |
| Article 26 | Non-discrimination guarantee |
| Article 27 | Protection of ethnic, religious and linguistic minorities |
| Article 28 | Provision on the establishment of the Human Rights Committee |
| Articles 29-30 | Elections to the Human Rights Committee |
| Articles 31-39 | Provisions on the composition, functions and re-election with regard to the Human Rights Committee |
| Articles 40-47 | Submission of State Party reports, inter-state complaints procedure, recourse for settling disputes, submission of annual reports by the Human Rights Committee |
| Articles 48-53 | Provisions on ratification, entry into force, extension of Covenant to all units of a Federation, amendments and languages in which the Convention’s texts are authentic |
| Figure 2.1 – Summary of the ICCPR |
In order to monitor implementation of the ICCPR, the Convention created the Human Rights Committee (HRC), the treaty-body mandated with monitoring State Party implementation of the Convention. Like the other treaty bodies, the HRC comprises independent experts responsible for monitoring progress under the ICCPR through compliance reports submitted by States Parties. Compliance reports are prepared and submitted by States Parties to a Convention as a measure of progress (or lack thereof) at given intervals and in a specified format.
Under certain conditions the Human Rights Committee may consider individual petitions alleging violations of rights guaranteed under the ICCPR. Pakistan has not ratified the First Optional Protocol to the ICCPR and has therefore not recognized the competence of the Committee to consider individual communications. However, there are other domestic mechanisms in place for complaints regarding human rights violations such as the helpline service established by the Ministry of Human Rights. Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty. Pakistan submitted its initial state report to the Human Rights Committee in October 2015. In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepared a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns. The answers provided by the State party to these questions, as well as other information submitted by civil society and others formed the basis of the “review” of the State’s compliance with the treaty, which was carried out on 11 and 12 July by the Human Rights Committee.[1]
In the National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 produced in 2017, HRC also commended the Lahore High Court. The report reads, “In 2005, a law was passed which encouraged persons with disabilities to join public service. This ensured their participation in decision making at all levels in the public sector. Recently, Lahore High Court, in a landmark judgment of 11 January 2017 struck down the discriminatory provision of Civil Services Rule and allowed persons with disabilities to join all services on the basis of equality.”[2]
Under the domestic legal framework in Pakistan, provisions of the Constitution and Domestic Laws also reiterate similar rights as protected by the ICCPR. For example, Article 2 of the ICCPR which promotes non-discrimination corresponds with Articles 25 and 26 of the Constitution of Pakistan, imposing equality of citizens and non-discrimination in respect of access to public spaces.
| ICCPR PROVISION | CONSTITUTIONAL PROVISION |
| Article 2: Non-Discrimination | Article 25: Equality of Citizens
Article 26: Non-discrimination in respect of access to public spaces |
| Article 3: Equal Rights of Men and Women | Article 25: Equality of citizens |
| Article 4: Provision for derogation and non-derogation | Article 8: Laws inconsistent with or in derogation of fundamental rights to be void |
| Article 6: Right to Life | Article 9: Security of person |
| Article 7: Prohibition against torture, cruel, inhuman or degrading treatment or punishment | Article 14: Inviolability of dignity of man, etc. |
| Article 8: Prohibition of slavery, servitude and compulsory labour | Article 11: Slavery, forced labour, etc. prohibited |
| Article 9: Right to liberty and security of person | Article 9: Security of person |
| Article 10: Treatment of Accused | Article 10: Safeguards as to arrest and detention |
| Article 12: Right to liberty of movement and choice of residence | Article 15: Freedom of movement, etc. |
| Article 14: Due process and fair trial guarantees | Article 10A: Right to fair trial |
| Article 15: Prohibition of retrospective punishment | Article 12: Protection against retrospective punishment |
| Article 17: Prohibition against arbitrary or unlawful interference with privacy, family, home or correspondence | Article 14: Inviolability of dignity of man, etc. |
| Article 18: Right to freedom of thought, conscience and religion | Article 20: Freedom to profess religion and to manage religious institutions |
| Article 19: Right to hold opinions/freedom of expression | Article 19: Freedom of speech, etc. |
| Article 21: Right of peaceful assembly | Article 16: Freedom of assembly |
| Article 22: Freedom of association | Article 17: Freedom of association |
| Article 23: Family and marital rights | Article 35: Protection of family, etc. |
| Article 24: Child protection/registration and rights | Article 35: Protection of family, etc. |
| Article 25: Right to take part in conduct of public affairs/vote/serve | Article 27: Safeguard against discrimination in service |
| Article 26: Non-Discrimination and Equal Protection of the Law | Article 25: Equality of citizens |
| Article 27: Minority rights to enjoy their culture, profess and practice their religion and use their own language | Article 28: Preservation of language, script and culture |
| Figure 2.2 – ICCPR and corresponding Constitutional Provisions
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There are various domestic legislations in place which correspond and uphold the rights guaranteed by the ICCPR as well. These will be discussed in detail in the sections ahead with specific focus on arrest, detention, deprivation of their liberty, torture, abuse, fair trial, non-discrimination in the administration of justice, the rights of the child and juvenile justice systems, and right to life and security.
It is also pertinent to note that following the 18th Constitutional Amendment, provincial governments have established Human Rights Departments at the provincial level that supplement the work of the Federal Ministry of Human Rights. Other bodies which regulate human rights in Pakistan include the National Commission of Human Rights (NCHR), National Commission on the Status of Women (NCSW), National Commission for Minorities, and the National Commission on the Rights of the Child (NCRC). The Election Commission of Pakistan also plays a crucial role in the protection of civil and political rights guaranteed under the ICCPR.
[1] https://www.icj.org/pakistan-ensure-effective-implementation-of-human-rights-committee-recommendations/
[2] https://www.ohchr.org/EN/HRBodies/UPR/Pages/PKindex.aspx