Conference on International Human Rights Law (Post Conference Report)
Date.30 Oct, 2022
Historically, Pakistan’s judiciary has emphasised the difference between national and international law, and has required the translation of the latter into the former through domestic legislation. In recent years, however, there has been a marked increase in the application of international law and of the rights guaranteed to the people under international Conventions by Pakistan’s judiciary. There have been several recent judgements stemming from the provincial High Courts and the Supreme Court which have cited international human rights norms contained in UN Conventions such as the ICCPR, CEDAW, CRC, ESCR and the CRPD and interpreted constitutional provisions related to the right of freedom of movement, freedom of expression, the right to life and dignity, and the freedom of association in line with international legal standards.
There is a crucial need to maintain this momentum by highlighting this increased application of international law, and sensitising the judiciary on the international legal standards contained within the conventions and treaties to which Pakistan is a State Party. Furthermore, increased international engagement on a state level necessitates that this sensitisation be extended to government stakeholders, civil society and the general public.
With this aim in mind, Justice Project Pakistan organised a two day conference on the 19th and 20th of October 2022, consisting of several themed panel discussions, opened by provincial High Court justices and composed of public officials, international experts and prominent members of civil society. The panellists highlighted the work being done on the ground in terms of implementing the treaty rights, laid out Pakistan’s international law obligations and the challenges faced in their implementation, and identified key areas that need to be addressed.
The conference was well attended, with the audience ranging from lawyers and law students, to diplomats, and state representatives to activists and prominent members of the civil society. A strong print and digital media presence, constant live tweeting and a livestream of the panels further allowed for the proceedings to be shared with the general public and relevant stakeholders who were unable to attend the conference in person.
The High Court justices who opened each panel spoke of the role the judiciary has played in upholding the rights of the people of Pakistan, both those contained in the Constitution, as well as those enshrined in international conventions to which Pakistan is party. In many cases, the Constitution of Pakistan reflected these international legal standards, leading many of the judges to argue that the issue was not in the law, but rather in the awareness of these laws, and their implementation. Several honourable justices highlighted recent judgments passed by themselves and their peers which directly read from international human rights law, or applied a Constitutional standard that aligned with international law.
The experts who were invited to speak on the panels were chosen based on their expertise in the relevant thematic area, and each panel was carefully curated so as to stimulate a well rounded discussion on domestic and international human rights law and their application in Pakistan. The questions put forward to the panellists were framed to keep the discussion both focused on identifying areas where progress was being made and challenges were being faced. Panellists formulated strategic recommendations to the issues being raised, centred around improving the implementation of Pakistan’s international human rights law obligations. Subsequently, some of those recommendations, such as those pertaining to the Child Justice System, are currently being discussed between the National Commission on Human Rights, the ICT administration and judiciary and independent technical experts, including the ones invited to this conference.
Hence, as mentioned by several panellists, it seems fair to state that this International Conference on International Human Rights Law is only the stepping stone for “much more to come!”.
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