Sweep of Enforceable Rights of Man and Legal Implications of Iccpr & Cat Covenants

SWEEP OF ENFORCEABLE RIGHTS OF MAN AND LEGAL IMPLICATIONS OF SWEEP OF ENFORCEABLE RIGHTS OF MAN AND LEGAL IMPLICATIONS OF ICCPR & CAT COVENANTS By Mr. Justice Ali Nawaz Chowhan The President of Pakistan has recently ratified two important UN Covenants: (i) International Covenant on Civil and Political Rights (ICCPR) and; (ii) Convention Against Torture (CAT). The covenants were adopted by the UN Resolutions of 1966 and 1975 respectively. But the ratification was getting delayed. Pakistan has now become a signatory to key human rights instruments i.e. International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of Persons with Disabilities (CRPD), Universal Declaration of Human Rights `(UDHR), Convention on the Elimination of all forms of Discrimination against Women (CEDAW), Convention for the Elimination of Social Discrimination (CERD), Convention on the Rights of the Child (CRC) and the recent two. 2. Both covenants are in furtherance of the principles laid in the Universal Declaration of Human Rights and establish, through treaty of nations, the right of man to enjoy freedom, dignity, right of self-determination and by virtue of the latter he can freely determine his political status and can pursue his economic, social and cultural development. He is to be guaranteed the right of freedom of thought; conscience; religion and to manifest his religion or belief in worship practice and teaching. He is not to be subject to inhuman or degrading treatment or punishment. A special right is created for under 18 in the matter of death penalty. A minor is to be protected by his family, society and State. 3. The States are required to provide justice to the citizens on basis of recognized principles and are required to ensure observance of these rights domestically. The Government having taken obligations under these treaties is now required to sensitize its concerned quarters for effective implementation. 4. Through these covenants a Committee against torture is to be appointed for observance of human rights. The States have been asked to implement the provisions of these covenants and make laws accordingly. The Committee formed under these covenants can always be approached in case of violation of the covenant either by a State or by an individual. The author has been an International Judge of the United Nation at the Hague, Permanent Judge of the Lahore High Court, a visiting Professor and Co-Chairman of UNESCO Appeal (Judicial) Board--Paris, France.--Email:chowhan2athotmail.com. 5. The fundamental rights enshrined in our Constitution protect the citizens against discrimination, inequality, retrospective punishment and ensure dignity of man, freedom of trade, assembly and association, freedom of profession, religion and to mange, religious institutions, and safeguard against taxation for purposes of any particular religion, protection of property rights, preservation of language, script and culture and right to education. 6. Article 199 of the Constitution makes these provisions justiciable. The provisions of Article 184(3) can also been invoked for bringing a matter of public importance before the Supreme' Court on grounds of violations of fundamental rights. 7. The 18th Amendment has corrected the distortions in Article 2A of the Constitution by re-inserting the word "freely" with the words "profess and practice their religions" in context with minorities. 8. As the covenants are in harmony with the fundamental rights enshrined in our Constitution these can be adopted as laws in view of the principle of incorporation well-known to the international law. The scope of the fundamental rights is thus enhanced and violations of these covenants can be challenged under Articles 199 and 184(3) of the Constitution. A citizen of a State can now approach the redress mechanism of the UN against a grievance under the ICCPR. 9. According to the ICCPR anyone arrested is to be informed at the time of his arrest of the reasons of arrest. In the civilized countries when a man is arrested he is immediately informed of his legal rights and at his request provided services of a lawyer for free legal advice. In the famous case of "Miranda" the USA Supreme Court directed the creation of defence counsel establishment in line with the Prosecutor's Department for rendering help to the needy. 10. Women police stations have since been established to protect the privacy and dignity of women. It is now for the authorities concerned to make required changes in the different statutes dealing with these subjects and cause wide circulation of all the human right instruments for public awareness, while sending copies of the same to the police stations and seminaries and educational institutions all over the country. 11. The ratification by the President is an epoch making even for a country where violations of human rights are being committed with impugnity and where fundamental rights meet with scant respect. This is attributable to bias and low quality of education, lack of proper religious sense and in-doctrination of sinister ideas in the name of creed. These flaws do call for a comprehensive and sociological study at the national and provincial levels under the auspices of Ministries of Law, Religious Affairs and Education. 12. The question still remains how can we ensure implementation of the ideals set in these covenants? The answer to my mind lies in wide dissemination of these ideas and use of the judicial fora. There is need for inclusion of the salient features of the Universal Declaration of Human Rights, the Cairo Declaration of Human Rights, the fundamental rights of the Constitution and the provisions of these two covenants and others regarded as human right instruments as well as the last Khutba of our Prophet (p.b.u.h.) as a compulsory subject in the curriculum of our educational institutions and the seminaries coupled with publicity through the print and electronic media. In fact human rights need to be taught as a subject in all the educational institutions, so that people start respecting the rights of others and an awareness is generated vigorously, which will ameliorate the rampant intolerance and cruel behaviour existing in our society.