Pakistan rejects UN rights chief’s criticism of recent constitutional amendment

Pakistan dismissed on Saturday a statement from the Office of the UN High Commissioner for Human Rights, calling its concerns over the country’s 27th Constitutional Amendment “baseless” and “misplaced.”

In a sharply worded response, Islamabad said the UN rights office had aired “ungrounded and misplaced apprehensions” about the amendment, which was approved by a two-thirds majority in parliament earlier this month.

The Foreign Ministry said all legislation and constitutional amendments in Pakistan fall solely within the jurisdiction of elected representatives. “Democracy and democratic methods form the bedrock of civil and political rights, and therefore must be respected,” the statement said.

The statement stressed that the amendment was passed through procedures outlined in the constitution and reaffirmed Pakistan’s commitment to protecting human rights, human dignity, fundamental freedoms, and the rule of law.

While acknowledging the importance of the High Commissioner’s work, Pakistan said the UN office’s statement failed to incorporate Islamabad’s perspective or “ground realities.”

The ministry urged the high commissioner to respect Pakistan’s sovereign parliamentary decisions and avoid commentary “that reflects political bias and misinformation.”

What the UN rights chief said

On Friday, UN High Commissioner for Human Rights Volker Türk warned that Pakistan’s newly adopted constitutional amendment threatens judicial independence, military accountability, and the rule of law.

Türk said the amendment, like the 26th amendment passed last year, was adopted without broad consultation with the legal community or civil society. He said the changes run counter to the separation of powers needed to protect human rights.

Under the amendment, adopted Nov. 13, a newly created Federal Constitutional Court will assume authority over constitutional cases, replacing the Supreme Court’s previous jurisdiction. The Supreme Court will now hear only civil and criminal matters.

Türk said new rules governing the appointment, promotion, and transfer of judges raise “serious concerns” about weakening the judiciary’s structural independence. He noted that the first chief justice and judges of the new court were already appointed by the president on the prime minister’s advice.

“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” he said. “Neither the executive nor the legislature should be in a position to control or direct the judiciary.”

The amendment also grants lifetime immunity from criminal proceedings and arrest to the president, field marshal, marshal of the air force, and admiral of the fleet. Türk said such “sweeping immunity provisions” undermine accountability, a “cornerstone of the human rights framework.”

“I am concerned that these amendments risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear,” he added.

The 27th Amendment, signed into law on Nov. 13 by President Asif Ali Zardari, drew criticism from legal experts who said the creation of the Federal Constitutional Court (FCC) would erode judicial independence.

The government rejected those concerns, saying the amendments do not curtail the judiciary’s authority.