Justice Shah demands improved policies for Pakistanis imprisoned abroad

Islamabad:Justice Mansoor Ali Shah highlighted the need to to adopt a pro-migrant approach and a clear and transparent counsellor policy that reflects citizen’s fundamental rights to address the issues faced by Pakistanis detained abroad.

He was speaking at a high-level policy dialogue, organised by the National Commission for Human Rights (NCHR) and Justice Project Pakistan (JPP) on Thursday. The dialogue highlighted the urgent need for robust policy and institutional reforms to protect the fundamental human rights of Pakistanis imprisoned abroad, as per the Pakistan’s Constitution and international obligations.

The statistics shared at the event show that 23,456 Pakistanis are imprisoned globally as of February 2024, with 10,432 imprisoned in Saudi Arabia, and 5292 in UAE, 387 in Turkey, 40 in Iraq, 463 in Malaysia, 89 in Sri Lanka, 338 in Qatar, 578 in Oman, 59 in Kuwait, 100 in Iran, 371 in Bahrain, 313 in UK and 598 in Greece. Out of total number, 74 per cent are in Saudi Arabia and the UAE.

Organised in commemoration of International Migrants Day, the event, was aimed at addressing the challenges faced by Pakistani migrants and prisoners detained abroad. The dialogue brought together key representatives from the Ministry of Law and Justice, Ministry of Human Rights, FIA, Ministry of Overseas Pakistanis and Human Resource Development, Ministry of Law and Justice, members of the Parliament, diplomats, and civil society actors. The event featured two thematic sessions focusing on prevention and protection, which explored safe migration practices and enhanced consular protection mechanisms. Discussions also centred on the systemic gaps, including inadequate legal representation, consular assistance, and language barriers faced by detained Pakistanis and development of a comprehensive plan of action to improve support systems for Pakistanis imprisoned abroad.

Speaking on this occasion, Justice Mansoor Ali Shah said that counsellors’ access is a fundamental human right. He highlighted the need to look at the issue from constitutional perspective where the fundamental rights of citizens are guaranteed even when they are outside the borders of their country.

“Consular access intersects with the rights to life and dignity. Article 4 of the Constitution of Pakistan places a duty on the Government of Pakistan to ensure its citizen is treated in accordance with the law, ‘wherever he may be’. These rights extend beyond national borders, and are not just diplomatic functions but a state’s legal duty.” He said that Pakistan needs to adopt a pro-migrant approach and a clear and transparent consular policy that reflects citizen’s fundamental rights. Justice Mansoor recommended training of the consular staff not only in diplomacy and law, but also on human rights and international commitments and best practices, public dissemination of data on people detained abroad, accountability mechanisms of consular services and legal support for Pakistani citizens detained abroad.

Justice Shah went on to say "It is unfortunate that despite the Lahore High Court's 2014 directive to the Federal Government to protect our citizens abroad, we still lack a comprehensive consular protection policy. Pakistan must urgently adopt such a policy, centred on the fundamental rights of its people, not just state diplomacy."

In her opening remarks, Senator Quratulain Marri said that for the person imprisoned abroad and his or her family, it is not only a legal issue but a deep personal tragedy. “The challenges faced by Pakistanis imprisoned abroad are enormous. They look towards their leaders and policy makers for protection and support.” She said that to address these issues, a renewed, coordinated and sustained effort is required.

Chairperson NCHR Rabiya Javeri Agha said that most of these detainees lack access to legal aid, translators or even basic consular support. “Their plight highlights glaring gaps in our international engagement and consular protection systems.” She said that while Pakistan has signed prisoner transfer agreements (PTAs) with 11 countries, including Saudi Arabia and UAE, these agreements remain legally dormant. “My appeal to all consular officers in our Foreign Office is to get in touch with the local human rights commissions, who usually have unparalleled access to prisons in their countries and are always willing to help, as we found was the case in Malaysia,” she said.

Others who spoke on the occasion included MNA Shazia Marri, MNA and Advisor to Prime Minister on Law and Justice Barrister Aqeel Malik, MNA Saba Sadiq, Senator Zeeshan Khanzada and Secretary Ministry of Human Rights AD Khowaja. They shared stories from their constituencies and emphasized the critical need for coordinated efforts, particularly in establishing effective prisoner transfer agreements, enhancing capacity of diplomatic missions, raising awareness through most viewed digital media platforms, and aligning consular practices with international best practices.