ISSUE OF HUMAN RIGHTS IN PAKISTAN --- A Sample Essay

                                    HUMAN RIGHTS--- A Sample Essay

Outline:

1.               Introduction

2.               Human are the rights, which accrue to human being by virtue of what he is.

3.               Human rights are the standards of permitted and forbidden actions in a society which are consonant (consistent) with justice, goodness, or reason.

4.               The western tradition traces the roots of the concept of human rights to the late eighteenth century in the United States and Europe, particularly France.

a.                People were living without rights in state of nature.

b.               The basic purpose of the state is to defend the rights of the citizens.

c.                Welfare and democrat state can establish the rights of the people with any discrimination.

5.               The last sermon of the Holy Prophet (PBUH) on the eve of “Hajja-tul-Wida” is the first ever declarations of human rights in the world.

6.               Human rights do not, of course, negate the sovereignty of states.

7.               Universal Declaration of Human Rights 26^th December 1948.

8.               The present edifice (building, conceptual structure) of the international human rights system rests on the foundation of Universal Declaration of Human Rights.

9.               Whether the situation of human rights in Pakistan has improved or deteriorated in the last couple of years?

10.            “UNESCO”, “Amnesty International”, The UN Human Rights Watch Dog are some of international institutions to ensure the safeguards of human rights in the world.

11.            Demands of Human Rights in a civilized society.

a.                Poverty alleviation.

b.               Free access to justice.

c.                Equal distribution of state sources among the individuals.

d.               Alleviate the discrimination on the basis of cast, creed, religion, colour, etc.

e.                Safe guard of fundamental rights.

12.            Life, Food, Shelter, Self-respect, Freedom of expression etc. are the basic human rights guaranteed by all the constitution of the world.

13.            Islam and Human Rights.

14.             The Condition of Women’s right in Pakistan

15.             Child labour, violation of women rights i.e. the rites of “Wanni”, “Karo Kari” etc., are the curse for the society of Pakistan.   

16.             How human rights can be protected

a.                A fair and independent judicial system.

b.                By creating awareness among the people about their rights.

c.                Rights of the communities must be looked after.

17.             Conclusion.

Introduction:

            The present age is described as the "age of rights" and human rights as the "only political-moral idea that has received universal acceptance." The codification of international law relating to human rights ranks as some of the most signal (noteworthy) achievements of man in the twentieth century. Founded on the Universal Declaration of Human Rights (UDHR), which Henry Steiner has described as the "spiritual parents of other human rights treaties, human rights law is now an indispensable part of the international landscape. The holy Quran and Sunnah lay a great stress on the maintenance of human rights and make it essential obligation for an Islamic government to maintain the system of justice in the society. A fair, just and independent judicial system is the only safeguard of the citizens from tyranny and cruelty on the part of the state machinery or powerful sect of the state. The doctrine of might is right is an outdated concept and has no place in welfare state as the power of state is standing behind every one to protect him from any kind of aggression of any one.

            Human rights do not, of course, negate the sovereignty of states, although they constrain it in important ways. International law does not replace national law; rather, international law instructs sovereign states on internationally accepted human rights and, for the most part, leaves it to states to implement those norms domestically. However, for such an important development, there is a fair degree of ambiguity about the definition or concept of human rights. It means different things to different people. Even within a single society the phrase conjures up (evoke) diferent images, some truly apocalyptic (prophetic, revelatory_ serving to reveal), to different people depending on their political, cultural and religious suasion (formal persuasion as opposed to force).

The Basis of Human Rights:

Essentially, human rights are about justice. Human rights are also about humans, both in the individual and the collective sense. Human are the rights, which accrue to human being by virtue of what he is. These are standards of permitted and forbidden actions in a society which are consonant with justice, goodness, or reason. Such standards are morally or socially correct and held to be justifiably claimed by any person.

            The western tradition traces the roots of the concept of human rights to the late eighteenth century developments in the United States and Europe, particularly France. The French revolution resoundingly (unmistakably; emphatically) proclaimed the slogans of liberty, equality and fraternity (brotherhood) in the declaration of the rights of the citizen and man. The constitution of the newly founded United States of America echoed the same sentiments. The subsequent period was marked by tremendous progress, human and material, in Europe and North America. The populations became enfranchised. Barriers between sexes were gradually dismantled (demolish) though genuine equality is still a far way off. The Second World War sowed the seed for the present shapes of the international human rights movements.

            The present edifice (building, conceptual structure) of the international human rights system rests on the foundation of Universal Declaration of Human Rights. It is briefe document and if examined objectively not a very impressive one. However, over the years it has the bedrock of the international human rights regime. The reason is that it has been owned by nations across the world and can be said to represent the aspirations of all peoples of the world. The UN General Assembly adopted it on 10^th December, 1948.

UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948:

            Almost every nation of the world has adopted the Universal Declaration of Human Rights signifies for human respect and dignity. The whole world commemorates the adoption of Universal Declaration of Human Rights by the United Nations in 1948. This declaration lays stress on every government of the world to create a society free of human sufferings, deprivations and miseries by envisaging the policies which may eliminate injustice, poverty from the society. According to the declaration, every government must establish rule of law and guarantees fundamental rights to all the citizens.  This declaration speaks loudly about the common standards of freedom of speech, liberty, life, respect, nationality, right of equal pay for equal work for everyone, equality before law, etc for every one in the world without any discrimination of cast, creed, colour, religion etc.

The Condition of Human Rights in the World:

            The world is divided into two kinds of human beings i.e. those who have complete human rights on one hand and on the other, those who have been denied of any kind of human rights. The UN's FAO is warning that 27 sub-Saharan countries now need help. It is African agriculture that is in crisis, and according to the International Food Policy Research Institute, has left 200 million people malnourished.

The Human Rights Situation in Pakistan:

            The human rights situation in Pakistan, if the reports international and domestic human rights NGOs, the international and domestic press, and the documentation of the UN human rights mechanism are to be believed, is extremely serious. All human rights are alleged (claimed) to be violated in Pakistan with impunity (without having to suffer the normal injurious consequences (of an action).

            Here it is pertinent to point out that a crime committed by one citizen against another, strictly speaking, is not a human rights violation. It becomes a human rights violation when the state or agents of the state deliberately do not take action to correct the wrong or allow the perpetrator (perpetrate = execute) to go free or to avoid justice. A true human rights violation is one in which the rights of the citizens are violated by the state or the agents of the state or by persons commissioned by the agents of the state.

            Depending on how one sees the issues; the biggest human rights violation in Pakistan are the denial by the state of the rights of citizens of the country to education, food, housing and health fecilities. On the civil and political front, Pakistan is particulalrly vulnerable on rights of minorities, the rights of women, the rights of children, independence of judiciary, arbitrary detention, extra-judicial and summary execution, torture and custodial deaths. Following few instances would support this claim.

1.         About 30,000 women die every year in Pakistan due to complications in delivery and thousands of others develop life-long disability because of pregnancy-related problems. This was stated by the secretary general of the Pakistan Medical Association, Dr Sher Shah Syed.

2.         Pakistan's poor position was seen in UNDP's gender-related development index (GDI) 2005, where Pakistan currently ranks 135 out of 174 countries.

3.         About 25 per cent children were born with low birth weight due to maternal problems and 10 per cent of children do not reach their first birthday.

4.               Malnutrition is a major public health problem in Pakistan that disproportionately affects women and girls. Article 39 of the Constitution guaranteed provision of healthcare to all the citizens without any discrimination.

5.               Until July 2000, Pakistan was also one of the six countries in the world to allow execution of children. However, with the promulgation of the “Juvenile Justice System Ordinance 2000” this anomaly (the state of being odd) has been corrected.

 

The Last Sermon of the Holy Prophet:

            The last sermon of the holy prophet (PBUH) is undoubtedly the first and foremost declaration of human rights, given to mankind 1400 years ago. Khutba Hajja-tul-Wida is one of the most important occasions in the history of Islam. The holy prophet clearly negated all kinds of human discriminations on the basis of cast, creed, tribe etc.

He said:

            “O’ people, Allah has created you from one male and one female and made you into tribes and nations, so as to be known to one another. There is no superiority for an Arab over a non-Arab, nor for the white over the black nor for the black over the white except in God-consciousness.”

Efforts of the Government:

            In pursuance of the last sermon of the holy prophet (PBUH) and in accordance with the constitution of Pakistan and the Universal Declaration of Human Rights, the government stands committed to the promotion and protection of human rights. It would be relevant to consider the question whether the situation of human rights in Pakistan has improved or deteriorated in the last couple of years. We can say with a reasonable degree that situation has become marginally better. Some of the positive developments are as under:

1.     The promulgation of the Juvenile Justice System Ordinance 2000.

2.     The reservation of 33% seats for women in the local bodies elections.

3.     The resurrection (a revival after disuse, inactivity) of reserved seats for women in the provincial and federal legislatures.

4.     The abolition of the system of separate electorates for the minorities.

5.     The reservation of seats for minorities in the provincial and federal legislatures.

6.     The relatively free state of the press.

7.     The proactive (of a person, policy, etc.) creating or controlling a situation by taking the initiative) role being played by the superior judiciary in taking cognizance (notice) if human rights violation. The manner in which Chief Justice of Pakistan taken not of the Meerwala incident is the single most important development in the human rights field in Pakistan.

8.     Establishment of Human rights development ministries and departments both at provincial as well as National level.

The Reasons of Worse H R’s Condition in Pakistan:

            Pakistan’s record in the area of HR’s over the past six decades has suffered because of several factors.

1.               The provisions in the chapter on fundamental rights are inadequate.

2.               For two decades, Fundamental Rights remained suspended under Proclamation of Emergence or Martial Law that restricted the courts’ powers to enforce them.

3.               Some of the FRs could not be enforced for the lack of laws and procedures required for their implementation. For example, there was no law to enforce the right of the protection against forced labour until the Bonded Labour Abolition Actof 1991.

Rights Protection Methods

However, the question still remains as to how the Pakistani society should rid itself of the endemic human rights violation. There are no shortcuts. Many countries have now realized those all-positive governmental actions have a significant human rights content. For instance, free and compulsory primary education policies cater to (deal with) the right of education. Poverty eradication programmes  fulfil the objective of ensuring the population’s right to food and housing and an adequate standard of living. Various methods to advance and protect human rights are available:

1.     During state of war:

 During violent conflict, to protect refugees and war victims from any surrounding violence in their communities can sometimes help to safeguard human lives.

2. Lecture on H R should be included in the Syllabus:

            Education about human rights must become part of general public education. Technical and financial assistance should be provided to increase knowledge about human rights.

3. Member of Police and Army should be trained on H R.

            Members of the police and security forces have to be trained to ensure the observation of human rights standards for law enforcement. Research institutes and universities should be strengthened to train lawyers and judges. To uphold human rights standards in the long-term, their values must permeate (spread throughout) all levels of society.

4. Discussion among ethnic groups:

            Dialogue groups that assemble people from various ethnicities should be organized to overcome mistrust, fear and grief in society. Getting to know the feelings of ordinary people of each side might help to change the demonic (telepathic) image  of the enemy group. Dialogue also helps parties at the grassroots level to discover the truth about what has happened, and may provide opportunities for apology  and forgiveness.

5. Role of Press and other institutions:

            External specialists can offer legislative assistance and provide guidance in drafting press freedom laws, minority legislation and laws securing gender equality. They can also assist in drafting a constitution, which guarantees fundamental political and economic rights.

6. International war crimes tribunals:

            International war crimes tribunals are established to hold individuals criminally responsible for violations of international human rights law in special courts. The international community rarely has the will to create them. As the experiences with the war tribunals for Rwanda and Yugoslavia indicate, even where they are created, they are imperfect. They cannot hold all perpetrators accountable and typically aim for the top leadership. However, it remains difficult to sentence the top-level decision-makers, who bear the ultimate responsibility for atrocities. They often enjoy political immunity as members of the post-conflict government. Incriminating a popular leader might lead to violent protests and sometimes even to relapse into conflict. Leaders may be necessary to negotiate and implement a peace agreement.

7. Various democratization measures can help to restore political and social rights. For sustainability and long-term viability of human rights standards, strong local enforcement mechanisms have to be established.

8.An Independent Judiciary:

            An independent judiciary that provides impartial means and protects individuals against politically influenced persecution must be restored.

9. Making sure that the judges get pay commensurate with the responsibilities they are expected to discharge will mean promotion and protection of the independence of the judiciary etc.

10.       And various social structural changes, including reallocations of resources, increased political participation and the strengthening of civil society  can help to ensure that people's basic needs are met.

Different Organizations working for H R:

1.     Amnesty International is working at international level

2.     The United Nations

3.     Some NGOs e.g. Kashf Foundation, Sahil, Sada etc are working very useful work.

4.     The federal government as well provincial has also establish departments for looking after the rights of the people.

 Conclusion

            The expansion of international human rights law has often not been matched by practice. Yet, there is growing consensus that the protection of human rights is important for the resolution of conflict and to the rebuilding process afterward. To achieve these goals, the international community has identified a number of mechanisms both to bring an end to human rights abuses and to establish an environment in which they will be respected in the future. They are not alternatives, but each provides important benefits in dealing with the past and envisioning (visualize) a brighter future.