HRCP Raises Concerns Over 26th Constitutional Amendment

The Human Rights Commission of Pakistan (HRCP) has raised significant concerns regarding certain clauses in the newly enacted 26th Constitutional Amendment, warning about its potential adverse effects.

In an official statement, the HRCP noted that while the amendments are comparatively more moderate than earlier drafts, there are lingering fears that they could jeopardize the independence of the judiciary.

The commission specifically pointed to serious issues surrounding the establishment and composition of constitutional benches, expressing concern that their integrity may be compromised due to political pressures.

Another critical point highlighted by the HRCP was the formation of a special parliamentary committee tasked with the nomination of the Chief Justice of Pakistan. This committee, comprising members from both the Senate and National Assembly, would be formed based on proportional representation from their respective parties. The HRCP cautioned that such a structure could provide the current government with an undue advantage, potentially allowing it to influence judicial matters, which contravenes Pakistan’s commitments under Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

Regarding the specific amendments, the HRCP indicated it has no objections to the changes in Article 184(3), which limits constitutional benches from exercising suo motu powers.

Moreover, the HRCP acknowledged the significance of Article 9A, which enshrines the right to a clean, healthy, and sustainable environment as a fundamental right, calling it a crucial amendment that should be implemented without delay.

In conclusion, the HRCP expressed profound concern over allegations that the government exerted pressure on the opposition to support the act’s approval. It emphasized that these serious allegations cannot be ignored and that the absence of public debate on the necessary government draft for any constitutional amendment raises questions about the legitimacy of the legislative process.