This page summarizes cases raised with Pakistan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Pakistan.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Pakistan, English).
Observations
The Special Rapporteur regrets that no reply has been received from the Government of Pakistan to the allegation letter sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in this communication.
The Special Rapporteur remains gravely concerned by the alleged extrajudicial killing of Mr. Zarteef Afridi from the Human Rights Commission of Pakistan (HRCP). He is gravely concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in Pakistan, notably of those working for the HRCP as two other members of the organisation, Mr. Siddique Eido and Mr. Naeem Sabir, were reportedly subjected to abduction and subsequent killing in early 2011. He underscores that it is the responsibility of the State to ensure that those exercising their rights to freedom of peaceful assembly and of association are duly protected. A thorough and independent investigation into the killing of Mr. Zarteef Afridi should be conducted, and those responsible should be held accountable. He requests the Government to keep him informed about the investigations conducted in relation to the aforementioned case.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Pakistan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur takes notes of the responses of the Government of Pakistan in which it acknowledged receipt of his communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications.
The Special Rapporteur is deeply disturbed about the killing of the seven SWWS staff members. He urges the authorities to conduct a thorough and independent investigation into this appalling case. Those responsible should be held accountable, and victims should be provided with full redress.
The Special Rapporteur further urges the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He also urges the authorities to take all relevant measures to ensure that any individual and legal entity, including political parties, can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Pakistan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur takes note of the responses of the Government of Pakistan acknowledging receipt of his communications. He however regrets that the Government provided no substantial response to any of the communications sent since 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges again the authorities to provide as soon as possible detailed responses to all the concerns raised in the communications.
The Special Rapporteur remains gravely concerned about the killing of a woman human rights defender and her sister and acts of harassment against family members. He is also seriously preoccupied by defamation campaigns and threats against human rights defenders, as well as the forced closure of the Association of Global Humanists and Ethics, which works, inter alia, in support of women’s rights and girls’ education.
The Special Rapporteur recommends that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of peaceful assembly and of association without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Pakistan of his country visit requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur takes note of the responses of the Government of Pakistan acknowledging receipt of his communications. However, he regrets that the Government failed to provide substantial responses to the questions raised in the communications since the establishment of the mandate in 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate and urges again the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and of association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
Environment in which these rights are exercised
The Special Rapporteur reiterates his grave concern at the killing of a lawyer and member of the Punjab office of the Human Rights Commission of Pakistan that appears to be the direct result of his peaceful work promoting and protecting human rights. He emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 3 of the Universal Declaration of Human Rights. In light of the threats that followed the attack, he remains similarly concerned about the physical integrity and safety of civil society activists who work on blasphemy cases in Pakistan. He requests the Government to keep him informed about the current status of investigations, prosecution and protection plans put in place in Pakistan to ensure that human rights defenders, and in particular lawyers, are able to carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
In addition, the Special Rapporteur appeals to the Government for detailed information on the measures taken in relation to the alleged intimidation of the chairman of the Voice for Baloch Missing Persons in March 2014 and attacks against his family for his legitimate work and participation in a peaceful assembly in October 2013. He also asks the authorities to keep him informed about the actions taken with regard to the threats against the chairman and the vice-chairman of the aforementioned organization for their collaboration with the Working Group on Enforced or Involuntary Disappearances during its visit to the country in September 2012. He remains greatly concerned by these allegations of reprisals and echoes the Human Rights Council resolutions 12/2, 24/24 and 27/38, which condemn all acts of intimidation or reprisal by Governments and non-State actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights
The Special Rapporteur takes this opportunity to remind the positive obligation of State Parties to the International Covenant on Civil and Political Rights to guarantee the protection of the rights contained under the Covenant against violations by their agents and by private individuals or entities, which includes the obligation to take appropriate measures to prevent, investigate, prosecute and punish those responsible and repair the damage caused (CCPR/C/21/Rev.1/Add.13, paragraphs 8 and 18). In turn, he warns against situations that may seriously impair the enjoyment of these rights (A/HRC/20/27, paragraph 20).
Negative obligation of the State to not unduly interfere with these rights
The Special Rapporteur reminds authorities that they must ensure that everyone can peacefully express their views without any fear; they also have a negative obligation not to obstruct the exercise of the right to freedom of association, which includes guaranteeing that both registered and unregistered association can seek and secure funding and resources without discrimination (A/HRC/20/27, paragraphs 64 and 68). He notes with concern that associations’ ability to access funding appears compromised by the Foreign Contributions Bill 2013 and the policy regulating organizations receiving foreign contributions, which only consider registered associations eligible for foreign funding and resources. Additional provisions regulating associations receiving foreign funding, which introduce intrusive requirements, allow for the State to unduly interfere with associations’ areas of work and activities, and provide for insufficient safeguards are of grave concern to the Special Rapporteur and require revision in accordance with international human rights law and standards. Similarly, the Special Rapporteur warns against the vague definitions contained in the said bill that may lead to arbitrary applications of the law.
The Special Rapporteur encourages Pakistan to overturn any legislation that curtails the right to freedom of peaceful assembly. Moreover, he articulates that States cannot refer to additional grounds to restrict this right other than the limited ones contained in the International Covenant on Civil and Political Rights, and cannot loosely interpret international obligations to restrict the right to freedom of association (A/HRC/23/39, paragraph 30).
Country visit
In reference to the country visit requests he sent in September 2011 and October 2013, the Special Rapporteur would like the Government to take note of his desire to carry out a country visit to Pakistan in the framework of his mandate. He thanks the Government for its acknowledgment of his country request on 28 September 2011 and hopes to receive a positive reply from the Government, in the spirit of Human Rights Council resolutions 15/21 and 24/5 which calls upon States to consider favourably his or her requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communications sent during the reporting period, and reminds the Government of Pakistan that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in these letters, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his grave concern about the killing of Mr. Mehsud, which illustrates the violent and dangerous conditions facing journalists, media workers and human rights defenders in Pakistan when exercising their legitimate rights to freedom of opinion and expression and of association. He urges the authorities to undertake a thorough and independent investigation into this case, hold the perpetrators accountable, and provide remedies to the family of the victim.
In relation to the case of Mr. Baloch, the Special Rapporteur reiterates his concern about his arrest, incommunicado detention and charges brought against him, which he believes are in linked to his legitimate human rights work and peaceful social activism. Concern is also reiterated in relation to the conditions of his detention, given that neither his family nor his legal counsel has reportedly been allowed to visit the detainee. He urges the authorities to release Mr. Baloch without delay.
More generally, the Special Rapporteur urges the Government to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Pakistan, as indicated by his letter sent in September 2011 and October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
None
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
