{"id":9499,"date":"2024-10-22T12:16:33","date_gmt":"2024-10-22T12:16:33","guid":{"rendered":"https:\/\/hrcp-web.org\/hrcpweb\/?p=9499"},"modified":"2024-10-22T12:16:33","modified_gmt":"2024-10-22T12:16:33","slug":"hrcp-concerned-about-impact-of-26th-amendment","status":"publish","type":"post","link":"https:\/\/hrcp-web.org\/hrcpweb\/hrcp-concerned-about-impact-of-26th-amendment\/","title":{"rendered":"HRCP concerned about impact of 26th Amendment"},"content":{"rendered":"

Press release<\/p>\n

HRCP concerned about impact of 26th Amendment<\/b><\/p>\n

Lahore, 22 October 2024<\/em>. The Human Rights Commission of Pakistan (HRCP) has expressed strong reservations over certain aspects of the Constitution (Twenty-Sixth Amendment) Act 2024, which was passed into law on 21 October.<\/p>\n

Although the amendments are more tempered than those proposed in earlier drafts, HRCP\u2019s fear that the Act will erode judicial independence has not been allayed. First, the manner in which constitutional benches are to be established, as well as their composition, raise serious concerns that, in practice, the credibility of these benches may be compromised by direct political influence.<\/p>\n

Second, the composition of the special parliamentary committee that will nominate the chief justice of Pakistan (comprising members of the Senate and National Assembly according to their parties\u2019 proportional representation) gives the government of the day a dangerous advantage, potentially subjugating the judiciary in contravention of Pakistan\u2019s obligations under Article 14 of the ICCPR.<\/p>\n

HRCP does not object to the amendment to Article 184(3) under which constitutional benches cannot exercise suo moto jurisdiction. HRCP also acknowledges that Article 9A, which makes the right to a clean, healthy and sustainable environment a fundamental right, is a significant and long-overdue amendment, which the government must implement urgently.<\/p>\n

Of deep concern to HRCP are the political opposition\u2019s allegations of coercion with respect to supporting the passage of this Act. These are extremely serious and must weigh on the conscience of those who proposed the Act. Such allegations must not be dismissed out of hand. HRCP reiterates that the absence of careful and sustained public debate on a single, official version of the bill\u2014which any constitutional amendment warrants\u2014also raises questions as to the legitimacy of its intent.<\/p>\n

Asad Iqbal Butt
\nChairperson<\/p>\n<\/div><\/div><\/div>