UN rights chief voices concern over Pakistan’s new constitutional amendments

UN High Commissioner for Human Rights Volker Türk has noted concerns over Pakistan’s newly adopted constitutional amendments, saying the changes could affect judicial independence and raise questions about accountability mechanisms.

In a statement, Türk said the amendment — adopted on Nov. 13 and similar to one passed last year — was approved without broad consultation with legal experts or civil society. He said the changes may not align with the principle of separation of powers, which underpins protections for human rights and the rule of law.

The amendment establishes a new Federal Constitutional Court (FCC) to oversee constitutional matters, replacing the Supreme Court’s previous authority in those cases. The Supreme Court will now primarily handle civil and criminal appeals.

Türk also pointed to concerns over the new procedures for appointing, promoting and transferring judges, noting that the framework could open space for political influence. The first chief justice and judges of the FCC were appointed by the president on the advice of the prime minister.

“These changes, taken together, could affect the judiciary’s independence,” Türk said. “Neither the executive nor the legislature should be in a position to direct the judiciary.”

He said judicial independence requires protection from political pressure.

Türk further highlighted a clause granting lifetime immunity from criminal proceedings and arrest to the president and certain senior military ranks, including field marshal, marshal of the air force and admiral of the fleet. He said such provisions could weaken accountability and civilian oversight of the armed forces.

“I am concerned that these amendments may have broader implications for democratic processes and the rule of law, which remain important to the people of Pakistan,” he said.

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