Topic: 53rd Session of the Human Rights Council, Universal Periodic Review Adoptions: Pakistan, Japan, Sri Lanka

10-07-2023

Shruti Lal

Team UN Geneva Researchers,

Global Human Rights Defence.

On      July 10th, 2023,  at the 53rd Session of the UN Human Rights Council, a discussion about the adoption of the Universal Periodic Review (UPR) outcomes for Pakistan was held. The session was opened by the Vice President, who gave the floor to the ambassador of the Islamic Republic of Pakistan, Mr. Khalil- Ur- Rahman Hashmi. Mr. Hashmi thanked the countries present, the troika of Nepal, Argentina, and the Gambia, as well as United Nations entities for their feedback and recommendations. He commented on the positive trend in human rights in Pakistan, and highlighted the extra emphasis being put on rights of women, children, and policies regarding education and health. Additionally, he noted the prioritisation of minority rights, media, and law enforcement, and said these would remain on their agenda but indicated      that some recommendations would not be accepted due to legal limitations.      

Once the floor was opened to the countries’ remarks, Indonesia mentioned the recommendations they had made to Pakistan, which the latter had accepted, such as enforcing poverty alleviation programmes, efforts to uplift socio-economic conditions, efforts to eliminate violence against women, and ensuring the right to education to all children — especially girls . The Islamic Republic of Iran went on to highlight their recommendations regarding enhancing the right to development and increasing the effectiveness of the fight on the impacts of climate change, which are especially important given the floods in Pakistan last year. Iraq thanked Pakistan for accepting their recommendations to overcome the pay gap between men and women in order to conform      with human rights laid out by the Paris principles. Israel notably criticised Pakistan, expressing concern about their human rights condition with a rise in violence against religious minorities and crackdowns on protests. They encouraged Pakistan to take appropriate steps to prevent arbitrary arrest of citizens, to curb violence and the widespread use of the death penalty. Lastly, they also criticised Pakistan’s tightening of blasphemy laws, which they claimed were often used to persecute religious minorities, an issue further discussed by non-governmental bodies in the session.  

Numerous actors from civil society participated in the session asserting more actions to be taken by the Pakistani government in the realm of human rights. Jubilee Campaign, Christian Solidarity Worldwide and the European Centre for Law and Justice voiced their concerns about the poorly defined blasphemy laws in the country, citing that the Anti-Terrorist Act enforced on those accused of blasphemy is unjust and that it creates a mob culture in society.  Regarding healthcare, the Centre for Reproductive Rights, Federation for Women and Family Planning expressed concerns over clandestine abortions, post- abortion cases and maternal mortality (186 deaths per 100,000 live births) along with the need to improve sex education for adolescents. Given that Pakistan has one of the highest rates in South Asia,      the need to focus on HIV/AIDS prevention was spotlighted ( ), and the recommendations made included training of personnel, community-based organisations in accessible locations, and lifting restrictions on contraceptive advertisements. The issue of protect ing the LGBTQ+ community was underlined by Action Canada for Population and Development, and GIN SSOGIE NPC; although they welcomed the recommendations, they voiced concern over the normalisation of transphobia, and the need to include women in climate policy conversations. As Pakistan is yet to develop a comprehensive legislation for the LGBTQ+ community, more work must be done to involve the community in the assessment and implementation of any such policy. Taking cases of minority torture and journalist harassment, Minority Rights Group, CIVICUS, International Federation for Human Rights Leagues lamented the rejection of anti-discriminatory laws for minority groups that challenge the government, attacks on peaceful protests, as well as the arbitrary prison sentences for journalists and political prisoners. 

During his closing remarks, Mr. Hashmi claimed the independence of the judiciary, press, and media in Pakistan, and highlighted the will of his government to take institutional steps to protect human rights. While making      progressive legislation focusing on      marginalised groups known, he also touched upon successful legislation that reformed the juvenile justice system, women’s property rights, custodial death, and anti-harassment protections for women . It was reiterated that although diplomatic and financial support would be extended to the Office of the High Commissioner for Human Rights, the long-term success of the UPR would depend heavily on external factors such as revisiting flaws in economic, taxation, and investment architecture along with governance and policies. Before the decision was taken to adopt the report, Mr. Hashmi stated that “all rights are indivisible” and resolved to take further steps for sustainable development.

Following this, and the periodic review of Japan, it was Sri Lanka’s turn. This was led by the Permanent Representative of the Democratic Socialist Republic of Sri Lanka, Ms. Himalay Subasini. During her speech, she noted several mechanisms instituted by her country for the advancement of minority rights along with those of women and children. Inclusive processes have been constructed with minority parties that have paved the way for truth and reconciliation courts, the development of which will continue      through the drafting of new legislation. The pledge to continue investigations and other support to find missing persons was reiterated, along with a renewed push for stronger labour rights and a better standard of living. Healthcare as a focal point was emphasized numerous times , most importantly as it pertains to those with disabilities and who live in      rural areas. Women’s rights were also well defined, with a commission being established to promote gender equality. 

The Maldives particularly commended the access to mental health services advanced by the government, which is in line with the global targets. The efforts to combat climate change and assist in the protection of migrants and refugees were lauded by Morocco and Nepal. Nigeria praised Sri Lanka’s endeavours to protect children from hazardous labour, while Pakistan applauded its performance in mitigating the socio-economic challenges brought on by COVID-19. 

Several non-governmental organisations made statements during Sri Lanka’s UPR, raising alarm. One of the main issues taken up by them was the attack on dissenting voices: Amnesty International, Humanists International, and Lawyers for Lawyers brought up several cases of arbitrary arrests, witness coercion, lawyers being subject to intimidation and harassment, as well as the criminalisation of human rights activists , trade unionists, students, and comedians.      Christian Solidarity Worldwide brought to the forefront the problems Muslims face, especially highlighting the hate speech they experience , and the need to have a policy framework for addressing it. CIVICUS underscored that Sri Lanka in fact did not implement the recommendations from the last review, and that there is an imminent need to investigate violations by the armed forces. This was propounded by Franciscans International and the Human Rights Watch which claimed the office dealing with missing persons failed to investigate even one case properly. Bringing to the forefront the plight of the LGBTQA+ community, COC Nederland condemned the incitement of all forms of violence against the community, and stated that policies must be inclusive enough to provide them with decent living conditions, education, and access to services.

Noting every point put forth by the stakeholders, Ms. Subasini highlighted that 173 points were supported out of 294 and 121     points were noted. She added that her government was keen on using this as a catalyst to move forward, commending the UPR on being a constructive and genuine dialogue. A steering committee will be established to strengthen law enforcement and look at public justice delivery through holistic strategy. Regarding climate vulnerability, she noted that policies will be implemented to support recommendations pertaining to human rights and the environment and that certain restrictions are needed for public safety and the prevention of disorder, as well as the protection of rights of others. Finally, Ms. Subasini stressed that the recommendations would be considered according to the cultural norms and constitutional values of Sri Lanka.