Upr Briefing

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GOVERNMENT OF PAKISTAN

MINISTRY OF INTERIOR
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BRIEF

Subject: PAKISTAN’S 4TH UNIVERSAL PERIODIC REVIEW (UPR), 30 th


JANUARY, 2023 AT GENEVA

Pakistan’s fourth Universal Periodic Review (UPR) of its human rights record is
scheduled to take place in Geneva on 30 January, 2023. Pakistan has submitted its national
report, which highlights Pakistan’s human rights progress made since its last UPR in 2017.
2. In lead up to actual UPR, Geneva-based NGOs lobby usually brief countries
about the human rights shortcomings in the State under review, and lobby with them to make
recommendations accordingly during the review process. Given their ideological orientation and
affinity, Western countries are very receptive to the civil society’s feedback. In this regard, our
Mission in Geneva has informed that at a pre-UPR session, held in first week of December,
2022, NGOs raised concerns about enforced disappearances, press freedom, minority rights, and
forced conversions & marriages in Pakistan
3. Additionally, it is foreign Office’s assessment that in run-up to our UPR, a
disinformation campaign by our detractors, through funded social media handlers and NGOs
cannot be ruled out. Such a campaign will attempt to bring spotlight on our human rights
vulnerabilities.
4. Alongside other developing countries, Pakistan has been a staunch supporter of
UPR process as a policy tool to advance global human rights agenda through fostering dialogue
and constructive engagement. Therefore, a meaningful and substantive engagement with the
UPR process will reaffirm the importance which Pakistan attaches to this important mechanism
of the UN Human Rights Council.
5. Inputs on following areas identified by Ministry of Human Rights relating to
Ministry of Interior have been furnished to Ministry of Human Rights:

A. Death Penalty:
i. The Ministry of Human Rights commissioned a research study regarding
“Reducing the Scope of the Death Penalty” in line with the International
Covenant on Civil and Political Rights (ICCPR) which has been ratified by the
Government of Pakistan in 2010. Under Article 6(2) of ICCPR, the death penalty
can only be imposed for the “most serious crimes”.
ii. On the recommendations of the Council of Islamic Ideology (CCI) Ministry of
Interior proposed the draft Bill titled “Criminal Laws (Amendment) Bill, 2022
proposing reduction of death penalty to life imprisonment for following offences
under Pakistan Penal Code 1860:
Section 354-A: Assault criminal force women with intent to outrage her modesty
Section 365A: Kidnapping or abducting a person under the age of 14 (fourteen)
Section 365A: Kidnapping of abducting for extorting property, valuable security,
etc.
Section 402B: Punishment for hijacking.
Section 402C: Punishment for harbouring hijacker, etc.

iii. The CCLC considered the Summary titled “Criminal Laws (Amendment) Bill,
2022”, submitted by the Interior Division and approved the proposal with the
following stipulations:

a) Abolishment of the death penalty under sections 354A and 402C of


PPC is recommended with the addition of the words “which may
extend to life impressment”.
b) The abolishment of the death penalty under section 365A and 402B of
PPC was not recommended.
iv. A Brief on Mercy Petitions alongwith data of prisoners convicted on death
penalty in Pakistan is placed at Flag-A.
B. Enforced Disappearances:

i. Criminal Laws (Amendment) Bill, 2022 (Insertion of new Sections 52B, 513 and
514 in PPC and Consequential Amendments in Schedule-II of Cr.P.C) pertaining
to Enforced Disappearance is placed at Flag-B.
ii. Regarding the Bill on Enforced Disappearances, a meeting was held on
12.10.2022 under the Chairmanship of Minister for Parliamentary Affairs and the
contents of the Bill were discussed. The Secretary, Parliamentary Affairs
suggested that the words (“by an agent of the state or by person or group of
persons acting with the authorization, support or acquiescence of the State”)
appearance under Section 52B and its explanation, may be substituted with the
words “public official”.
iii. The latest meeting on the subject was held on 02.12.2022 in the Ministry of
Parliamentary Affairs under the Chairmanship of Mr. Murtaza Javed Abbasi,
Ministry for Parliamentary Affairs to discuss the status of pending bills relating to
GSP+ / EU’s concerns. It was apprised that this Bill was passed by the Senate on
20.0.2022 with amendments and referred back to the originating House/National
Assembly under Article 70(2) of the Constitution. The National Assembly
considered the Bill on 21.10.2022 and another amendment was moved in the Bill
for delegation of the Section 514 of PPC being inserted under clause-3 of the Bill.
At this stage, amendment in the Bill can only be considered by the joint sitting of
the Parliament under Article 70 (3) of the Constitution. Ministry of Law and
Justice also served a notice in the National Assembly for its referral to joint
sitting.
iv. It was concluded that a meeting may be arranged by Ministry of Interior with all
the stakeholders for evolving consensus on the Bill before its referral to joint
sitting of Parliament.
v. A meeting was held with all stakeholders on 29.12.2022. Stakeholders sought
time to firm up their views.
vi. Details of Enforced Disappearances Cases as received from Commission of
Enquiry on Enforced Disappearance is placed below (Flag-C).

C. Blasphemy:
Report on the offences against religion (blasphemy) (in tabulated form for the period
2018-2022) including registered, decided and acquittal cases in Pakistan is placed below
(Flag-D).
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Dated: 24.01.2023

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