EU report on GSP+ assessment: NAB under attack for being partial, harsh on opposition, says EU

ISLAMABAD: The European Commission has denounced the National Accountability Bureau (NAB) for being partial against the opposition politicians and soft on government leaders and deterioration of media freedom and underlined the necessity for proper investigation and prosecution of cases of intimidation, abduction, and killing of human rights defenders, lawyers and journalists in its joint staff working document.

The 33-page document, available with The News, is the European Union (EU) Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of Pakistan covering the period 2018-2019.

The paper said to-date there have been no prosecutions for enforced disappearance or extrajudicial killings. Despite the publicly expressed position of elected representatives of the government and active consultations and discussions on the matter, there is no progress in this area. “Shrinking space for civil society, a crackdown on freedom of expression, curtailing media freedom and impunity for crimes against journalists and human rights defenders are areas of serious concern.”

The document said that the jurisdiction over civilians of military courts ended as parliament did not approve its extension in March 2019. However, salient draft legislation on enforced disappearances and labour rights has not progressed. An Anti-Torture Bill (2019) was submitted to the parliament but decision-making is delayed. The trend is negative when it comes to space for civil society and voices of dissent, with a high-level of impunity for perpetrators of crimes against journalists.

Excerpts from the document: The majority of complaint investigations being conducted by the NAB are towards opposition leaders. Very few cases of the ruling party ministers and politicians have been pursued since the 2018 elections, which is considered to be a reflection of NAB's partiality. The leadership of the two main political parties as well as the second tier (former ministers) are in prison mostly for interrogations.

The opposition leader in the National Assembly and former Punjab chief minister has also been in custody for charges against corruption and is on bail now. The opposition parties have expressed intention to do away with the accountability laws once they come into power.

NAB intends to continue with its anti-corruption drive by strengthening awareness with a strong focus on the youth. It plans to establish an exclusive Anti-Corruption Academy for which financial allocation has been requested to the federal government. It also plans to form an anti-corruption forum in collaboration with countries in the region to enhance and strengthen anti-corruption activities across borders. In December 2018, the Supreme Court of Pakistan asked Parliament to amend the accountability law allowing voluntary return of plundered money or else the court would pass an appropriate order in this regard. The process to propose the amendment has already begun.

As for the accountability drive, the government must give more confidence and autonomy to NAB, which should follow Accountability for All in its actions. The drive against corruption is high on the agenda of the government and while NAB is claiming to work independently, it is being widely criticised by the opposition political parties for being mostly active against their leaderships.

The 2017 UN Convention against Corruption (UNCAC) review for Pakistan made several recommendations on criminalisation and law enforcement and international cooperation, including improvements in data collection; increasing the investigative, prosecutorial and enforcement capacities for corruption cases; and ensuring legislation is aligned with the Convention, including laws on whistleblowers and witness protection. The review group also noted good practice in the enabling of the NAB’s autonomous working; and identified technical assistance needs related to the Convention.

There has been a serious deterioration of media freedom in Pakistan, a trend that began in the lead up to the general elections in 2018. A draft proposal by the government to establish media tribunals has not been pursued. Materialisation of these tribunals would be a worrisome development.

The national security is widely used as a pretext for cracking down on freedom of expression. The increasing pressure by security forces, with the tacit approval of the government, on those with dissenting views, including media representatives and human rights defenders, is worrying. Critical opinions of the armed forces are especially taboo, as well as topics considered to be of high security and strategic interest, eg the China-Pakistan Economic Corridor (CPEC). Intimidation tactics are diverse, sometimes extending to family members and in the case of media often lead to self-censorship by journalists and publishers to be able to continue to function.

Opposition parties continue to question the legitimacy of the new government and the transparency and fairness of the general elections in July 2018. The EU Election Observation Mission made a critical assessment of the general conduct of the electoral process, the suppression of media freedom, and civil society in general, and noted interference of the military in favour of a given party.

During the reporting period, the right to freedom of expression continued to be restricted despite the commitment of Pakistan in its statement on the outcome report of the Universal Periodic Review to ‘review and align the legislation with freedom of religion and belief and freedom of expression, as stipulated in the International Covenant on Civil and Political Rights (ICCPR).’ The Human Rights Commission of Pakistan observed that under the usual pretext of ‘national security concerns’, the restrictions on media coverage were stepped up, journalists increasingly took to self-censorship to evade intimidation and threats, cable operators were prohibited from broadcasting certain networks, and the distribution of a national newspaper was severely curtailed.

Several strategic deficiencies have been identified in the regime for the prevention of money laundering and terrorist financing, leading to Pakistan’s inclusion on the grey list of the Financial Action Task Force (FATF) in 2018 and consequently on the EU list of high risk third countries. Pakistan has made a high-level political commitment in June 2018 to address these deficiencies by the implementation of an FATF Action Plan. In relation to prevention of money laundering and terrorist financing, Pakistan’s authorities maintain that as far as the financial sector is concerned the relevant regulators have established an effective supervision regime of their regulated entities.

Despite the fact that the Constitution and laws of Pakistan do not provide a unified definition of racial discrimination but only cover a narrow definition of religious minorities, the Penal Code provides sufficient guarantees for the protection of citizens. Due to a heavy backlog and other structural issues in the judicial system, justice delivery remains slow. The implementation of the Penal Code is far from effective as exemplified by international rankings.

Reports relay that religious minorities in Pakistan continue to face attacks from extremist groups and society at large. Misuse of the country’s strict blasphemy laws results in the suppression of rights for non-Muslims, Shias, and Ahmadis. In 2018 and 2019, the government has taken some positive steps to promote religious freedom and combat religiously motivated violence and hate speech. The provinces were directed to take stringent action against hate speech. Although the blasphemy laws remain unchanged, the Supreme Court judgement and subsequent release of Asia Bibi, and her safe departure from Pakistan were positive developments, although her lengthy imprisonment on death row is a telling evidence of the worrying state of the criminal justice system, as stated by the Supreme Court in its judgement. Following her release, an inter-ministerial committee on religious tolerance has been established and an action plan has been presented to the Ministry of Interior, which is yet to give its approval.

The regulatory framework for International Non-Governmental Organisations (INGOs) registration continues to be broad and vague, with reasons for rejection of registration not clearly provided to the concerned INGOs and remains a matter of concern. This impacts civil space more generally, also having an impact on the NGOs allowed to remain in the country. Seventeen INGOs filed appeals before the Special Committee headed by the Minister for Interior and with Secretaries of the Ministries of Interior, Foreign Affairs, Economic Affairs Division, Additional Secretaries of Interior and Law and Justice Division as members. Some appeals are now in the court of law.

Proper investigation and prosecution of cases of intimidation, abduction, and killing of human rights defenders, lawyers, and journalists is necessary. The federal and provincial governments have taken actions to sensitise police and other law enforcement agencies to accord top priority to such cases but no details have been provided on actual cases of investigation or prosecution as of yet.

In an attempt to address the issue of the misuse of blasphemy law, the procedure to file such a case was reviewed. Now only a district police chief shall investigate in order to establish a blasphemy case. The impact this reform has on addressing miscarriages of justice for those accused of blasphemy remains to be demonstrated. The definition of most serious crimes for which death sentences may be imposed is not aligned with international standards and the ICCPR.

Pakistan has started examining the existing provisions of the Penal Code and the Criminal Procedural Code to determine if the scope of the death penalty can be narrowed down in line with the ICCPR. Although the implicit justification for resuming executions has been to deter terrorism, most of those executed were convicted for non-terrorism related crimes. A reinstatement of the moratorium on executions is not considered, but the number of executions continues to decrease. The government has also carried out a review of the procedural constraints and flaws in the system of mercy petitions.

The option of enhancing the duration of the life sentence is also under consideration. Pakistan has promulgated Pakistan Penal Code (Amendment) Ordinance 2019 on July 12, 2019, dealing with exclusion of punishment of death for people extradited to Pakistan. Pakistan’s legislation falls short of a law specifically defining torture and fails to explicitly criminalise torture as required under the Convention Against Torture (CAT). A draft Torture and Custodial Death Bill (2019) has been presented to the Senate. In the second cycle of the Universal Periodic Review in 2012, Pakistan accepted the recommendation to criminalise enforced disappearances.

The previous National Commission on Human Rights published a report on enforced disappearances in February 2019, recommending the establishment of a Truth and Reconciliation Commission to enquire transparently into the cases of enforced disappearances.

Pakistan has shown commitment in maintaining ratification and meeting reporting obligations to the treaty bodies for the 27 UN conventions. During the current reporting period, improvements have been made in adopting legislation, yet the capacity of institutions to implement and enforce the legislation remains weak. The challenge of availability of reliable data on implementation of treaty body obligations makes it difficult to assess the situation on the ground.

No legislative development on narrowing down the scope of the death penalty in line with the Article 6 of the ICCPR has been demonstrated. Tightened procedures for registration of INGOs (with domestic NGOs facing increasing pressure) and widespread violations of women’s, children's and minority rights were documented during the reporting period. Enforced disappearances and extra-judicial killings remain prevalent. Legislative development to address this, such as criminalisation of enforced disappearances, would be a significant step forward.

Pakistan must demonstrate that it will concretely increase its efforts and take more proactive and sustained actions to implement legislation and to address problematic areas. In this context, it is important that Pakistan follows up on the recommendations provided by the UN Human Rights Treaty Bodies, addressing salient shortcomings and strengthening the overall implementation mechanism of the relevant Treaty Body obligations.

Pakistan needs to continue developing a strong and transparent institutional setup, which should translate its policies and legislation into concrete actions. The Federal and Provincial Treaty Implementation Cells (TICs) should be equipped with appropriate capacities and resources to effectively monitor and coordinate Pakistan’s implementation of its international and domestic law commitments. Cooperation between the Federation and the provinces must be enhanced. The setup of a National Mechanism for Reporting and Follow up and effective coordination with the TICs would be a positive step. Also in line with the recommendations of UN Human Rights Treaty Bodies, strengthening the capacities of the National Commission for Human Rights, adopting legislation on criminalising torture and progress on the definition of the most serious crimes as regards the death penalty, should be pursued.

Overall, further steps have been taken by the provinces to adopt legislation and to develop procedures and guidelines to implement the ILO fundamental conventions, which have resulted in some improvement in child labour. However, labour rights on collective bargain, wage discrimination and forced and bonded labour in agriculture and mining remain a matter of concern. Implementation and enforcement of laws and regulations continues to be a problem, although some provinces have stepped up efforts to improve enforcement. Further efforts are needed to improve the labour inspection system and overall working conditions with enhanced number of labour inspectors in each province.

The Ministry of Overseas Pakistanis and Human Resource Development (MOP&HR) has completed the work on a National Labour Protection Framework, which would include child labour, but the Framework has not yet been formally adopted by the four provinces. Child labour surveys are ongoing in all four provinces and the Labour force survey has been unveiled by the Pakistan Bureau of Statistics in early 2019.

Overall, federal and provincial authorities must continue and further strengthen their efforts, with a particular focus on some of the most problematic issues, notably to ensure the right of trade unions to register and operate, to enhance the functioning of the labour inspection, to improve occupational health and safety of workers, to eradicate bonded labour, and to eliminate the worst forms of child labour. Key areas which need to be prioritised are:

(1) Carry out child labour surveys and include bonded labour in labour force surveys. Ensure proper investigations and prosecution of child and forced labour, trafficking and exploitation. (2) The labour inspection system is too weak to ensure its crucial function of proper enforcement and overseeing the application of labour laws and safety standards. The number of labour inspectors is too low and they lack technical and other capacity to perform their tasks. (3) Align labour legislation with the ILO conventions 87 and 98 on Freedom of Association and Collective Bargaining. Ensure application of labour laws in Export Processing Zones and Special Economic Zones. Pakistan has actively participated in regional initiatives such SAWEN (South Asia Wildlife Regional Initiative – a regional initiative for wildlife).

There is a growing awareness of effective implementation of these conventions among civil society organisations. The Pakistan government of (Ministry of Climate Change) and other departments, including forest departments, as well as Pakistan customs, have improved their vigilance to combat illegal trafficking of wildlife exports. With relation to climate change, Pakistan is committed to implement its Nationally Determined Contributions (NDC).

Pakistan is a member of the Nationally Determined Contributions (NDC) Partnership, a coalition of governments and international institutions working together to ensure countries receive the tools and support they need to achieve ambitious climate and sustainable development targets. Pakistan needs to improve on the regulatory mechanism to implement the conventions pertaining to environment. In this connection, a concrete wildlife protection programme is required to be developed for the Deosai region. Likewise, a Hazardous Waste Management Policy and the rules for trade control of Wild Fauna and Flora are required to be formulated on priority.

Pakistan continues to face drug control challenges. Plans to increase the country’s Anti-Narcotics Force are welcome. However, further challenges remain in closing the routes for smuggling and enhancing cooperation within region. Efforts are being made to strengthen the anti-corruption framework, including through enhancing its capacity. This should be strongly encouraged.

Pakistan was granted GSP+ in 2014 and has shown commitment to maintaining ratifications and meeting reporting obligations to the United Nations Treaty Bodies for the 27 UN Conventions. A new government came into office in August 2018 on an agenda of economic growth, job creation, and fighting corruption and climate change. The government has shown a keen interest in maintaining GSP+ for its economic and trade benefits, notably at the time of requesting and implementing an International Monetary Fund (IMF) loan programme. It is also interested in the GSP+ arrangement as an incentive to sustainable development and good governance. When it comes to effective implementation, Pakistan is making some progress on adopting laws on the protection of women and children rights; elimination of honour killings; protection of transgender persons; protection of the environment; and good governance.

In the fight on drugs, Pakistan leads a UN initiative on education and was removed from the list of cannabis resin production countries. The launch of a national Child Labour Survey is important and implementation of the National Action Plan on Human Rights has started. The Ministry of Human Rights has begun to establish the Human Rights Information Management System (HRIMS) in cooperation with United Nations Development Programme (UNDP) and in consultation with the Office of the High Commissioner of Human Rights (OHCHR). This will strengthen the data collection for Treaty Bodies and GSP+ reporting.

The Ministry of Human Rights’ intention to establish a National Mechanism for Reporting and Follow up (NMRF) and to implement the OHCHR guidelines for Treaty Reporting Monitoring and follow up mechanisms are positive steps. A public announcement to this effect would be welcome. With support from the EU, the Ministry of Human Rights is leading a national awareness raising campaign on women's and children's rights. However, to be effective it will require sustained political focus combined with the necessary resources.

Of concern is the status of the National Commission for Human Rights (NCHR). The tenure of the commissioners expired in May 2019 and new commissioners are yet to be appointed1 , which is hampering the operation of the institution. Other challenges to the implementation and enforcement of the UN Treaty Body Obligations include: (i) the devolved provincial powers (18th amendment to the Constitution of Pakistan); (ii) limited institutional coordination and lack of institutional capacity, scarce human and financial resources; and (iii) overriding army and security (counter-terrorism) concerns.

Priorities A GSP+ monitoring mission took place in October 2018 and concluded with priority areas for action. These include, among others, actions in the area of freedom of expression, prevention of torture; reducing the scope for the death penalty and simplifying the procedure for granting mercy petitions; domestic violence; forced, bonded, and child labour; labour inspection; freedom of association; anti-money-laundering; interfaith dialogue policy; and the establishment of a Truth and Reconciliation Committee for victims of enforced disappearances.

The enactment of the Transgender Persons (Protection of Rights) Act in 2018, represents an important milestone in defending the rights of transgender people as equal citizens. The Act acknowledges the right of transgender people to self-identify according to their self-perceived gender identity and forbids discrimination in employment, housing, education, health, and harassment.

The federal government has finalised the Domestic Violence (Prevention and Protection) Bill, 2019. Senate passed the Child Marriage Restraint Bill, 2019. The passing of the Zainab Alert, Response and Recovery Act, 2019 in response to continual reporting of sexual assault incidents against children is another positive step.

The National Commission for Human Rights has formulated Policy Guidelines for the protection of human rights defenders. These have been endorsed by the parliament. The federal government has drafted the Journalist Welfare and Protection Bill in 2019 and has active consultations and discussions on addressing enforced disappearance and secret detention. Passing and enacting the Bill would be a strong signal of Pakistan’s commitment to international standards and human rights. A hot line for journalists under threat has been installed so journalists can inform the government of any potential or actual threat.

Concerning cooperation with the UN, the invitation to Pakistan of the Special Rapporteur on the Right to Food is a positive step. Moreover, the capacity building activities carried out in the past years with the Office of the High Commissioner of Human Rights (OHCHR), to the benefit of both National Commission on Human Rights (NCHR) and National Commission on the Status of Women (NCSW) and the legislature are welcome developments. This should be sustained and expanded to the police and the judiciary.

In the meantime, after his recent visit to Brussels, Adviser to Prime Minister on Commerce Abdul Razak Dawood said he found all senior officials of EU Commission very supportive of extending GSP+ status to Pakistan. He said that he successfully convinced the officials and let them know about Pakistan endeavours on progress on four areas of concern for EU that include the current status of implementation of labour laws, child labour and bonded labour; status of human rights in Pakistan; and transparent process of registration of INGOs.

He felt he was able to convince them and in response the EU authorities concerned responded saying they wanted Pakistan to prove progress on the identified areas of concern. He said that the Commission will soon recommend to EU parliament for extension of ongoing GSP Plus to Pakistan and added that the EU Monitoring Mission will visit Pakistan in April and will hold meeting with officials of various ministries and Attorney General of Pakistan, who is head of Treaty Implementation with EU.