1. HUMAN RIGHTS
Human rights are moral principles or norms, which describe certain standards of human behavior, and are regularly protected as legal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings “regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution
1.1. The Universal Declaration of Human Rights
The passage of the Universal Declaration of Human Rights by the United Nations General Assembly on December 10, 1948, was a hallmark of the historic movement toward recognizing human rights following the atrocities of World War II. The declaration was the first widely recognized, or internationally agreed upon, standard of human rights. Signatory countries included the United States, India, China, Brazil, Pakistan, and the United Kingdom, among many others. While a few countries abstained from voting on the declaration, absolutely none voted against its adoption. While there is no definition of human rights that is absolutely and completely agreed upon by everyone, the U.N. Declaration provides an excellent foundation from which to consider what rights should be included in human rights. Not only was it the first internationally agreed-upon standard, but it continues to hold a central position in the discussion of human rights today. The Universal Declaration of Human Rights lists inalienable rights that people possess simply by virtue of being people.
Article Summary
1 All people are free and equal, and should act towards one another accordingly. 2 Everyone is entitled to the same rights. 3 Everyone has the right to life.
4 No one shall be a slave.
5 No one shall be tortured or punished in cruel or degrading ways.
6 Everyone is a person according to the law. In other words, people cannot be considered less than human according to the law.
7 Everyone is equal before the law. In other words, people cannot be treated differently by the law depending on their race, sex, class, etc.
8 The state should try to remedy violations of peoples’ human rights.
9 People cannot be arbitrarily arrested.
10 People are entitled to a trial with an unbiased jury.
11You are presumed innocent until proven guilty, and the state cannot retroactively charge you with something that is newly illegal but wasn’t illegal at the time you committed the crime.
12 Everyone has the right to privacy and cannot be arbitrarily surveilled.
13 You can freely move within a country and between countries.
14People have the right to find safety in another country if they are being persecuted for their political views, but not if they are fleeing other criminal charges such as murder.
15 Everyone has the right to be a citizen of a country and the right to change his or her citizenship status to another country.
16 People have the right to marry, and the marriage must be consensual for the individuals getting married.
17 You have the right to own private property and not have your property taken away arbitrarily.
18 People have the freedom of thought/religion.
19 Everyone is allowed to think as he or she chooses and people have the right to access and share information.
20 You can politically assemble or congregate with others without repercussion, but you cannot be forced to join an organization against your will.
21 Everyone has the right to participate in their government and have his or her government respond to his or her needs/wishes.
22 You have the right to a social environment that facilitates your development as a person.
23 You have the right to work for a fair wage that is equal to others doing the same job. Equal pay for equal work, in other words.
24 People have the right to have time for leisure. This includes reasonable workday lengths and paid holidays.
25 Every person has the right to life, and a healthy one at that, even if he or she is unemployed.
26Primary education shall be free, and access to higher education should be based on merit. Your education should include an insistence on recognizing the importance of peace, justice, and equality.
27You have the right to participate in the cultural advancement of your community and you have the right to utilize knowledge/discoveries/products that are your invention.
28 People are entitled to a social system that supports these rights.
29 Your rights may only be restricted if you are infringing upon the rights of others.
30 None of the above can be interpreted as giving you the right to infringe on others’ human rights.
2. HUMAN RIGHTS IN PAKISTAN
The situation of human rights in Pakistan is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign, Islamic republic as well as an Islamic democracy with a mixture of both Islamic and secular laws. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the (conditional) right to bear arms. The Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an independent judiciary, independent Human Rights commission and freedom of movement within the country and abroad. However it is debatable how much these clauses are respected in practice.
2.1. Political Freedom in Pakistan:
Although Pakistan was created to uphold the principles of democracy, its history is rife with Military coups in Pakistan, and for most of its history after independence has been ruled by military dictators who declare themselves president. The Pakistani general election, 2013 were the first elections in the country where there was a constitutional transfer of power from one civilian government to another. The elections were marred by terrorist attacks that killed hundreds and wounded more than 500 and widespread rigging of polls, the highest in the country's recorded history
2.2. Freedom of the press
Freedom of the press is complicated, in general freedom of the press is allowed but any reports critical of the government policy or critical of the military are censored. Journalists face widespread threats and violence making Pakistan one of the worst countries to be a journalist in, with 61 being killed since September 2001 and at least 6 murdered in 2013 alone.
2.3. Miscarriage of Justice
Security forces routinely violate the human rights in the course of counter terrorism operations in Baluchistan and elsewhere. Suspects are frequently detained without charge and or convicted without a fair trial. Thousands of people rounded up as suspected
terrorists continue to languish in illegal military detention without being produced in court or being prosecuted. The army continues to deny independent monitors, lawyers, relatives or humanitarian agencies access to the prisoners
2.4. Violence against Women
Domestic violence in Pakistan is an endemic social problem. According to a study carried out in 2009 by Human Rights Watch, it is estimated that between 70 and 90 percent of women and girls in Pakistan have suffered some form of abuse. An estimated 5000 women are killed per year from domestic violence, with thousands of others maimed or disabled. The majority of victims of violence have no legal recourse. Law enforcement authorities do not view domestic violence as a crime and usually refuse to register any cases brought to them. Given the very few women's shelters in the country, victims have limited ability to escape from violent situations. Human Rights Watch said in its report released in 2014 that "Violence against women and girls – including rape, Honor killings, Acid attacks, Domestic violence and Forced marriage all remain serious problems in Pakistan. Despite high levels of domestic violence, the parliament has failed to enact laws to prevent it and protect women." Rape in Pakistan came to international attention after the politically sanctioned rape of Mukhtaran Bibi. The group War Against Rape (WAR) has documented the severity of rape in Pakistan, and the police indifference to it. According to Women's Studies professor Shahla Haeri, rape in Pakistan is "often institutionalized and has the tacit and at times the explicit approval of the state". According to a study carried out by Human Rights Watch there is a rape once every two hours and a gang rape every hour. According to lawyer Asma Jahangir, who is a co-founder of the women's rights group Women's Action Forum, up to seventy-two percent of women in custody in Pakistan are physically or sexually abused. There have been several thousand "honor" killings in Pakistan in the past decade, with hundreds reported in 2013. An Amnesty International report noted "the failure of the authorities to prevent these killings by investigating and punishing the perpetrators." Honour killings are supposed to be prosecuted as ordinary murder, but in practice, police and prosecutors often ignore it. Women's eNews reported 4,000 women attacked by Bride burning in Islamabad's surroundings over an eight-year period and that the average age range of victims is between 18 and 35 with an estimated 30 percent being pregnant at the time death. Shahnaz Bukhari has said of such attacks Either Pakistan is home to possessed stoves which burn only young housewives, and are particularly fond of genitalia, or looking at the frequency with which these incidences occur there is a grim pattern that these women are victims of deliberate murder
2.4.1. Notable attacks against women
On 9 October 2012, the Pakistani Taliban claimed responsibility for attempting to assassinate 15-year-old Malala Yousafzai. They vowed to continue to target her for promoting education for women and girls. In response, a new law was signed by the President on 20 December, guaranteeing free and compulsory education to boys and girls between the ages of five and 16. On 4 July 2012, women’s human rights activist Fareeda Kokikhel Afridi was killed in a drive-by shooting as she left her home in Peshawar for work in the Khyber Tribal Agency. Local civil society groups said she had been targeted for promoting the human rights of women. The authorities failed to bring the perpetrators to justice In 2007, Kainat Soomro a 13-year-old was kidnapped at gunpoint and gang raped. Her family faced widespread condemnation for refusing to "honor" kill their daughter and faced several attacks which resulted in the death of her brother. Her rapists were all acquitted and she was put under trial for premarital sex which is a crime under Islamic law. On June 2002, Mukhtaran Bibi was gang raped on the orders of a tribal council and paraded naked in front of a cheering crowd of 300 people. She did not commit suicide, as is customary in gang rape incidents in Pakistan, but instead attempted to seek justice. After nearly a decade after the incident 5 of the 6 accused of gang raping her were acquitted while the sixth faces life in prison. She continues to face widespread discrimination in Pakistan and has been subject to house arrest, illegal detention and harassment from the government and law enforcement agencies
2.5. Political abuse of human rights Provincial and local governments have arrested journalists and closed newspapers that report on matters perceived as socially offensive or critical of the government or military. Journalists also have been victims of violence and intimidation by various groups and individuals. In spite of these difficulties, the press publishes freely on other matters, although journalists often exercise self-restraint in their writing to avoid inuring the wrath of the government or military. In 2001, citizens participated in general elections, but those elections were criticized as deeply flawed by domestic and international observers. Societal actors also are responsible for human rights abuses. Violence by drug lords and sectarian militias claims numerous innocent lives, discrimination and violence against women are widespread, human trafficking is problematic, and debt slavery and bonded labor persist. The government often ignores abuses against children and religious minorities, and some government institutions and Muslim groups have persecuted non-Muslims and used some laws as the legal basis for doing so. The Blasphemy law, for example, allows life imprisonment or the death penalty for contravening Islamic principles, but legislation was passed in October 2004 to attempt to counter misuse of the
Furthermore, the social acceptance of many these problems hinders their eradication. One prominent example is honor killings (“karo kari”), which are believed to have accounted for more than 4,000 deaths from 1998 to 2003 .Many view this practice as indicative of a feudal mentality and falsely anathema to Islam, but others defend the practice as a means of punishing violators of cultural norms and view attempts to stop it to as an assault on cultural heritage.
2.6. Humanitarian response to conflict
Violence in Pakistan and the Taliban conflict with the government have heightened humanitarian problems in Pakistan. Political and military interests have been prioritized over humanitarian considerations in the offensives against the Taliban, and issues are likely to get worse as people are encouraged back home prematurely and often face once again being victims of the Taliban terrorists. Displacement is a key problem and humanitarian organizations are failing to address the basic needs of people outside displacement camps, nor are they able to address issues such as the conduct of hostilities and the politicization of the emergency response. Researchers at the Overseas Development Institute argue that aid agencies face dilemmas with engaging with the government, as this does not always produce the desired results and can conflict with their aim of promoting stability and maintaining a principled approach. A principled approach limits their ability to operate when the government emphasizes political and security considerations.
2.7. Internally displaced people
There were over 500,000 people displaced in 2008 mainly from the Federally Administered Tribal Areas (FATA) on the border with Afghanistan, and a further 1.4 million from Khyber-Pakhtunkhwa in May 2009. By mid-July 2009, Pakistan’s National Database and Registration Authority (NADRA) put the total of Internally Displaced People (IDPs) at just over 2m, while unofficial figures are as high as 3.5m. Most of those displaced (up to 80%) were taken in by relatives, friends and even strangers – Pashtun communities in particular have displayed great efforts in assisting the displaced despite their own high levels of poverty. Still others use schools, but only a small minority live in approximately 30 official camps, mainly in the Khyber-Pakhtunkhwa province of Pakistan
2.8. Discrimination against religious minorities
Pakistan is known for widespread discrimination against religious minorities, with attacks against Christians, Hindus, Ahmadiyya, Shia, Sufi and Sikh communities being widespread. These attacks are usually blamed on religious extremists but
certain laws in the Pakistan Criminal Code and government inaction have only caused these attacks to surge higher. Sunni militant groups operate with impunity across Pakistan, as law enforcement officials either turn a blind eye or appear helpless to prevent widespread attacks against religious minorities
2.8.1. Human rights violations of Ahmadi
several minority Muslim communities, such as the Ahmadiyya have been attacked in pogroms in Pakistan over the years. The human rights violation of the Ahmadiyya have been systematic and statesponsored. General Zia, the military dictator of Pakistan, went many steps further in 1984, when to gain the support of Islamic fundamentalists in Pakistan, he promulgated the anti-Ahmadiyya Ordinance XX that added Sections 298-B and 298-C in Pakistan Criminal Code.
2.8.2. Controversial blasphemy laws
In Pakistan, 1.5% of the population are Christian. Pakistani law mandates that any "blasphemies" of the Quran are to be met with punishment. On July 28, 1994, Amnesty International urged Pakistan's Prime Minister, Benazir Bhutto to change the law because it was being used to terrorize religious minorities. She tried, but was unsuccessful. However, she modified the laws to make them more moderate. Her changes were reversed by the Nawaz Sharif administration which was backed by Religious/Political parties.
2.8.3. Intolerance against Hindus and other minorities
As of April 2012, Pakistan did not provide a legal system for registration of marriages for certain minorities including Hindus, Sikhs, Buddhists, Jains and Bahá'í. Denial of recognition of Hindu marriages is often used to intimidate and harass Hindus. Married Hindu women have been forcibly kidnapped and married to Muslims, and are left without legal recourse due to inability to prove their previous marriage. It also makes it difficult for Hindus to obtain the Computerized National Identity Card. The increasing Islamization has caused many Hindus to leave Hinduism and seek emancipation by converting to other faiths such as Buddhism and Christianity. Such Islamization include the blasphemy laws, which make it dangerous for religious minorities to express themselves freely and engage freely in religious and cultural activities. Minority members of the Pakistan National Assembly have alleged that Hindus were being hounded and humiliated to force them to leave Pakistan. Hindu women have been known to be victims of kidnapping and forced conversion to Islam. Krishan Bheel, one of a handful of Hindu members of the National Assembly of Pakistan, came into news recently for manhandling Qari Gul Rehman, who had repeatedly provoked him by making declaratory statements against his religion
2.8.4. Forced conversions
Forced and coerced conversions of religious minorities to Islam occurred at the hands of societal actors. Religious minorities claimed that government actions to stem the problem were inadequate. Several human rights groups have highlighted the increased phenomenon of Hindu girls, particularly in Karachi, being kidnapped from their families and forced to convert to Islam. The Human Rights groups have reported that the cases of forced conversion are increasing. A 2014 report says about 1,000 Christian and Hindu women in Pakistan are forcibly converted to Islam every year. In 2003 a six-year-old Sikh girl was kidnapped by a member of the Afridi tribe in Northwest Frontier Province; he also claimed the girl had converted to Islam and therefore could not be returned to her family.
3. Conclusion
The expansion of international human rights law has often not been matched by practice. Yet, there is growing consensus that the protection of human rights is important for the resolution of conflict and to the rebuilding process afterward. To achieve these goals, the international community has identified a number of mechanisms both to bring an end to human rights abuses and to establish an environment in which they will be respected in the future. They are not alternatives, but each provides important benefits in dealing with the past and envisioning (visualize) a brighter future.