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Missing Minority Rights Implementation Missing: Research Report

Missing Minority Rights Implementation Missing: Research Report

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Lahore: On March 19, 2014, 2483 days, six years and nine months after the historic decision on the rights of minorities, Chief Justice of Pakistan Tassaduq Hussain Jilani passed.

During this period, a bench of the Supreme Court conducted 23 follow-up hearings and passed about six dozen orders, yet, given the current pace of compliance, Pakistan is 21 years away from the final line of full implementation. ۔

The study was presented by Peter Jacob, author of the study “Justice Yet Affair” published by the Center for Social Justice (CSJ). The study, which incorporates legal and procedural research methods to draw conclusions, is unique in itself. This is the author’s third publication on the subject. The first was carried out 27 months after the “When Failure to Comply” decision, and the second on June 19, 2019, after the fifth anniversary of the “Long Wait for Justice” decision. The new version, “Justice Still Offers”, examines the institutional aspects. Conflicts erupted along with implementation measures. Nazeer’s in-depth investigations into the rights of minorities in Pakistan were included. Topics covered include the National Commission for Minorities, Protection of Sectarian Property, Employment Quota, Peace Curriculum and a Money Commission constituted by the Supreme Court of Pakistan. There are indications of compliance. This publication is dedicated to the memory of human rights scholar and intellectual, IA Rehman, who passed away on April 12 this year. There is also a foreword to this report in which they have been assisted.

A virtual inauguration of the research study took place on April 30 in Lahore. Justice (Retd) Nasira Iqbal, former UN Secretary General’s Representative on Human Rights Defenders and Chairperson of the Human Rights Commission, historian Dr. Yaqub Khan Bangash, human rights activist and lawyer Saroop Ijaz and Advocate Saqib Jilani represented the state. Jilani spoke at length about not implementing the decision and refraining from following the directive.

Hina Jilani called the study a masterpiece to summarize the Supreme Court’s decision and the events that followed it, and what was observed was insightful. He said that the Supreme Court, through this important decision, has proposed a very comprehensive and precise framework for the protection of the rights of minorities, which, if fully implemented, would provide relief to the minorities. Will provide and on the other hand a social harmony in Pakistan. “This study tells us that despite clear orders in the decision, the federal and provincial governments have not achieved more than 24% compliance even after seven years,” he added.

Talking about the factors that hindered the study, Dr. Yaqub Khan Bangash said that the absence of a legal body to protect and monitor the rights of minorities in the formation of an independent National Minorities Commission was under consideration. Delays will remain in the law, shortcomings in administrative measures such as formation of task forces and lack of comprehensive reforms in the education system. Implementers need to consider prioritizing the effective adoption of the protection framework proposed in this landmark decision.

Emphasizing the importance of the decision, lawyer Saqib Jilani said that the decision has helped the nation to focus on the issues of minorities, while its non-implementation has also exposed the gap in governance. Is. Decision makers as well as the general public must meet the challenge of reforming “our system with a competitive response.” He stressed that under the guidance of a bench of the Supreme Court, a one-member commission has made every effort to serve the nation in difficult times. He reiterated his support for those struggling for justice in Pakistan.

Justice (retd) Nasira Iqbal pointed out that the concept of equal citizenship also needs to be emphasized, transcending faith with equal rights for all. He said that the guiding principle provided by the decision of June 19, 2014 reaffirms the concept of human dignity equal to the lens of the Constitution and human rights. He stressed that Pakistan must modernize its education system and develop a comprehensive curriculum for all as suggested in the court directives.

Human rights activist Saroop Ijaz moderated the debate. At the launch, he hoped that the government would consider recommendations for effective implementation at both the provincial and federal levels to protect the rights of minorities in the light of the decision.

PS Jacob, author and director of CSJ, said that the study “Justice Still Afar” (76%) was an attempt to investigate the reasons for the lack of implementation, which he believed was a challenge. It is very important to empower Pakistan as a society and a state. “The ongoing efforts for the rule of law, respect for human rights and democratic and participatory governance are a testament to the people’s desire for justice and peace in the country,” he said. However, the decision that has been made with this hope is primarily about restoring Pakistan’s potential and critical capacity as an egalitarian and peace-loving society.