FO rejects UN's 'ungrounded, misplaced apprehensions' over 27th Amendment

• All legislation, amendment exclusive domain of parliament: FO
• Stresses that due procedures were followed to adopt tweaks.
• Ministry says Pakistan is committed to protecting rights, freedoms.

ISLAMABAD: Expressing deep concern, Pakistan has categorically refuted the ungrounded and misplaced apprehensions on behalf of the United Nations High Commissioner for Human Rights over the recently passed 27th Constitutional Amendment.

In a statement issued on Sunday, the Foreign Office highlighted that the Constitutional tweaks were adopted by the two-thirds majority of the parliament and that "all legislation, as well as any amendment to the Constitution, remains the exclusive domain of the elected representatives of the people of Pakistan".

"Democracy and democratic methods form the bedrock of civil and political rights, and therefore must be respected," it said.

The ruling coalition, earlier this month, had passed the 27th Constitutional Amendment in the Senate and the National Assembly amid resistance from the opposition benches, which eventually came into effect on November 13 after President Asif Ali Zardari's assent.

The amendment was first passed by the Senate; however, the NA approved it with 234 votes and added tweaks, which were once again approved by the Senate by 64 votes (two-thirds majority in the 96-member House).

Key provisions of 27th Amendment

• Chief of Army Staff to assume role as Chief of Defence Forces
• Field Marshal, Marshal of Air Force, Admiral of Fleet titles to remain for life
• Incumbent chief justice to remain CJP until completion of current term
• Senior-most among SC CJ and FCC CJ will be designated Chief Justice of Pakistan
• Establishment of Federal Constitutional Court
• Equal provincial representation approved in Federal Constitutional Court
• FCC empowered to take suo motu notice upon petitions
• President and prime minister to play a key role in judicial appointments
• Presidential immunity limited if president assumes any public office after tenure
• Judicial Commission to decide transfer of high court judges
• Objections on transfers to be reviewed by Supreme Judicial Council
  

However, UN High Commissioner for Human Rights Volker Turk, in a statement issued on Friday, had said that the tweaks "seriously undermine judicial independence" while raising grave concerns regarding accountability and respect for the rule of law, The News reported on Friday.

“Under the changes adopted on November 13, a new Federal Constitutional Court (FCC) has been given powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases,” the statement read.

“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk was quoted as saying.

“Neither the executive nor legislative should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making", the UN official added.

Reacting to Turk's statement, the FO today accentuated that the constitutional amendments adopted by the parliament followed due procedures as enshrined in the country's Constitution.

"Pakistan remains fully committed to protecting, promoting and upholding human rights, human dignity, basic freedoms and the rule of law as enshrined in the constitution of the Islamic Republic of Pakistan," the FO's statement read.

Noting that it was regrettable that Pakistan's views and ground realities were not reflected in the statement issued, the FO urged the UN high commissioner for human rights to "respect the sovereign decisions of Pakistan's parliament and avoid commentary that reflects political bias and misinformation".