Law and justice system in any country and human rights are entirely separate domains and require separate ministries/committees in countries like Pakistan where conditions of human rights are peculiar and provision of justice is weak. Although, on papers, the constitution of country provides separation of judiciary from the executive, and independence of judiciary, the ground reality takes a 180 degree turn from it.
On one side as the United Nations Universal Declaration of Human Rights defines and secures human rights, constitution of Pakistan has also enshrined rights that specifically cater human rights such as Articles nine, 11, 20 and 25. The said articles provide right to life, liberty, freedom of religion, prohibit slavery and ensure equality of citizens.
Over the years, instead of getting better, situation of human rights have worsened in Pakistan. Trend of extrajudicial killings, militancy, sectarian attacks against Shia community and religious minorities, enforced disappearances, bonded and forced labour and women rights violation are on the rise.
Merger of Standing Committees
After holding the power in center, PML-N decided to cut number of ministries in the cabinet and merged Ministry of Human Rights with Ministry of Law and Justice through notification on June 7, 2013. By doing so, standing committees for both the said ministries were also merged as per rules one ministry holds one standing committee.
The decision of PML-N to keep the cabinet small was appreciated but merging human rights ministry with that of law and justice has created some serious implications as both the ministries have conflicting mandate. Similar kind of decision was made, when PML-N assumed power back in 1997. The Ministry of Law and Justice have the mandate to secure states position in court by defending existing laws. On the other side, Ministry of Human Rights works to redress the victims of human rights violations and safeguard their rights by urging government to make appropriate laws and amend exiting legislation according to the need. After the union, the said ministries cannot work independently on their mandate, thus affecting functions of both domains.
The union of ministries and in turn standing committees directly affects position of Pakistan in many ways as the dissolution of Standing Committee on Human Rights will undermine monitoring of human rights and their violation. After 18th amendment, the subject of women development along with rights of non-Muslim citizens, children and youth were kept under Human Rights Ministry will not be dealt properly.
Also the Ministry of Law and Justice cannot handle the representation of human rights issues at international and domestic fronts due to ongoing cases against the state institutions in Supreme Court and other courts.
Merger of said ministries also caused uproar in the civil society and spokesperson of Human Rights Ministry shared concerns by demanding full-fledged Human Rights Ministry with a Federal Minister respected for the contributions in human rights.
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