The United Nations Human Rights chief, Volker Turk , has flagged issues regarding Pakistan's 26th Constitutional Amendment, warning that it could severely compromise the judiciary's independence.
In a statement on X, the UN Human Rights office criticised the hasty adoption of the amendments without extensive consultation and debate, emphasising that "Constitutional reforms must be in line with international human rights law."
Similarly, the International Court of Justice (ICJ) has denounced the 26th constitutional amendment as a setback to judicial independence, human rights, and the rule of law in Pakistan. ICJ Secretary General Santiago Canton cautioned, "They erode the judiciary's capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights."
Within Pakistan, lawyers and the Human Rights Commission of Pakistan (HRCP) have voiced their opposition to the amendment, calling for its retraction, as reported by Dawn. Prime Minister Shehbaz Sharif has been actively seeking support from politicians across party lines, engaging with prominent figures such as Fazlur Rehman, the Chief of Jamiat Ulema-e-Islam-F, and Bilawal Bhutto, the chairperson of the Pakistan People's Party.
The Constitution (26th Amendment) Act, 2024, strips the Supreme Court of its suo motu powers, limits the Chief Justice of Pakistan's term to three years, and grants the prime minister the authority to appoint the next CJP from among the three most senior Supreme Court judges. The amendment also includes provisions for the establishment of constitutional benches and performance evaluations for high court judges.
Despite being passed with a two-thirds majority in both the senate and the national assembly, the amendment has sparked widespread protests across Pakistan, with citizens fearing that it will undermine the judiciary's authority.
In a statement on X, the UN Human Rights office criticised the hasty adoption of the amendments without extensive consultation and debate, emphasising that "Constitutional reforms must be in line with international human rights law."
Similarly, the International Court of Justice (ICJ) has denounced the 26th constitutional amendment as a setback to judicial independence, human rights, and the rule of law in Pakistan. ICJ Secretary General Santiago Canton cautioned, "They erode the judiciary's capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights."
#Pakistan: @volker_turk concerned that latest constitutional amendments – adopted hastily, without broad consultation and debate – will seriously undermine independence of the judiciary.
— UN Human Rights (@UNHumanRights) October 22, 2024
Constitutional reforms must be in line with international human rights law. pic.twitter.com/1WvDelniBV
Within Pakistan, lawyers and the Human Rights Commission of Pakistan (HRCP) have voiced their opposition to the amendment, calling for its retraction, as reported by Dawn. Prime Minister Shehbaz Sharif has been actively seeking support from politicians across party lines, engaging with prominent figures such as Fazlur Rehman, the Chief of Jamiat Ulema-e-Islam-F, and Bilawal Bhutto, the chairperson of the Pakistan People's Party.
The Constitution (26th Amendment) Act, 2024, strips the Supreme Court of its suo motu powers, limits the Chief Justice of Pakistan's term to three years, and grants the prime minister the authority to appoint the next CJP from among the three most senior Supreme Court judges. The amendment also includes provisions for the establishment of constitutional benches and performance evaluations for high court judges.
Despite being passed with a two-thirds majority in both the senate and the national assembly, the amendment has sparked widespread protests across Pakistan, with citizens fearing that it will undermine the judiciary's authority.
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