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Pakistan

https://www.idea.int/democracytracker/

October 2024

Bill passed that allows parliamentary committee to elect Supreme Court’s Chief Justice

On 21 October, the Parliament of Pakistan passed the 26th Constitutional Amendment Act, 2024, which grants the authority for naming the Chief Justice of the Supreme Court to a special Parliamentary Committee whose members are selected by leaders of parliamentary political parties. Previously, the next most senior judge was named Chief Justice automatically. The amendment further introduced a three-year term for chief justices. The bill was passed just before the current Chief Justice Qazi Faez Isa is scheduled to retire, and his scheduled replacement under the previous regulations would have been justice Mansoor Ali Shah, who has previously issued verdicts in favour of former Prime Minister Imran Khan and his party. The act gives the parliament increased power over the judiciary, and Volker Türk, the UN High Commissioner for Human Rights, warns that the bill threatens judicial independence. 

Sources: National Assembly of PakistanAl JazeeraThe Economist

Government bans Pashtun Protection Movement

On 6 October, the Pakistan government banned the Pashtun Protection Movement (Pashtun Tahafuz Movement, PTM), an ethnic social movement for Pashtun rights in Pakistan. The Interior Ministry cited peace and security concerns, putting the PTM on the list of proscribed organizations under the country’s anti-terrorism laws. The ban occurred just a few days before a planned assembly of PTM leaders and resulted in protests from PTM supporters, during which three people were killed in clashes with police. Human rights groups warn that banning the PTM is a continuation of the government crackdown on both voices critical of the military establishment and supporters of the former Prime Minister Imran Khan.   

Sources: New York TimesArab NewsAl JazeeraAmnesty InternationalHimal Southasian

Supreme Court reinstates amendments to anti-corruption laws

On 6 September 2024, a five-judge panel of the Supreme Court reinstated a set of amendments to the National Accountability Bureau (NAB) law, overturning a 2023 ruling made by a three-judge panel. The amendments limit the NAB’s authority by prohibiting it from making rulings on corruption cases that concern less than PKR 500 million. The original case was brought by former Prime Minister Imran Khan in front of the Supreme Court in 2023, who argued the amendments protect politicians and enable corruption. Legal experts have raised concerns that the reinstated amendments could potentially weaken anti-corruption efforts by limiting NAB’s investigative powers.

Sources: International IDEA, Supreme Court of PakistanAl JazeeraTribuneDawn

September 2024

Public Order Act to restrict freedom of assembly in Islamabad

On 6 September, Pakistan’s president signed the Peaceful Assembly and Public Order Act, which restricts public assemblies in Islamabad. Assemblies are now required to be registered a week in advance and are scrutinized over security and public order concerns. Those who assemble without permission face up to three years in prison for a single attendance and up to ten years for repeated offenses. The bill was passed into law just one week after it was presented to the Senate. The swiftness of the process has led to concerns from opposition leader Senator Shibli Faraz that the law is targeted specifically at members of his party as the opposition had planned a large-scale demonstration the following week. Although the law is restricted to Islamabad, Amnesty International warns it could set a dangerous precedent that could spill over to the rest of the country.

Sources: Senate of Pakistan, Dawn, Amnesty International, Al Jazeera  

August 2024

Social media ban amid internet shutdown and firewall concerns

The social media platform X (formerly known as Twitter) has been banned for six months, with the government citing national security concerns since the February general elections. The Sindh High Court is hearing multiple petitions against the ban, with rights experts questioning its legal grounding. Pakistani users have resorted to using virtual private networks (VPNs) to circumvent the block. Simultaneously, businesses and rights activists have decried plummeting internet speeds affecting WhatsApp and other internet services, which, according to media reports, have dropped by 40 per cent. Digital rights experts have criticized the ban and internet disruptions as a violation of citizens’ right to free speech, with some industry experts noting that Pakistan is testing a firewall security system to monitor network traffic and control online spaces. The government and telecommunication authorities have provided conflicting responses behind the disruptions, citing a faulty undersea cable, a “web management system” upgrade to deal with cyber security threats and the overuse of VPNs. The conflicting responses have prompted an Islamabad High Court hearing on the matter set for 3 September.

Sources: Amnesty International, The New York Times, Dawn (1), The Diplomat, Dawn (2), The Express Tribune, VOA News

July 2024

Supreme Court rules Pakistan Tehreek-e-Insaf party eligible for reserved seats

On 12 July, the Supreme Court declared that former Prime Minister Imran Khan’s party, Pakistan Tehreek-e-Insaf (PTI), was entitled to its share of reserved seats in the national and provincial assemblies. Pakistan’s National Assembly has 70 reserved seats (60 for women and 10 for minorities) that are distributed among parties based on their performance in the general election. The verdict will likely see more than 20 seats go to PTI-backed candidates in the National Assembly, significantly altering the balance of power and depriving the ruling coalition of a two-thirds majority. Ahead of the February election, PTI candidates had to run as independents after losing their party status and electoral symbol due to a legal case. Following the election, an Election Commission order, upheld by a lower court, barred these candidates from reserved seats. The SC decision has now reversed this, stating that the commission misinterpreted a previous verdict on PTI's electoral symbol.

Sources: Al Jazeera, Dawn, International IDEA

Government announces plans to ban Pakistan Tehreek-e-Insaf (PTI)
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On 14 July, Pakistan’s Information Minister Attaullah Tarar announced that the government is seeking to ban former Prime Minister Imran Khan’s political party, the Pakistan Tehreek-e-Insaf (PTI) on the grounds of inciting violent protests last year and leaking classified information. The announcement comes days after a court overturned several of Khan’s previous convictions, as well as a Supreme Court decision declaring PTI eligible for reserved seats in the national and provincial assemblies. In July, it was further revealed that a United Nations panel declared that Khan’s detention was arbitrary and in violation of international law, calling for his immediate release. The panel noted that Khan’s legal woes were part of a larger campaign of repression against him and his PTI party. Political analysts and rights bodies note that the decision to ban PTI appears politically motivated and an act of “political desperation.” It remains to be seen if and how the government will move forward with the ban.

Sources: Al Jazeera, The Express Tribune, Brookings, The Express Tribune, OHCHR

Government authorizes intelligence agency to intercept and trace calls

On 8 July, the government formally granted the Inter-Services Intelligence (ISI) the authority to intercept and trace citizens’ calls and messages in the “interest of national security.” Opposition leaders and watchdog agencies have raised concerns about the constitutionality of this decision, citing potential privacy violations and the risk of the legal authorization being misused for political ends. Critics argue that the authorization could further entrench the military-run ISI’s influence in national politics. Legal experts note that although this practice is not new, it will now continue under legal sanction. The Human Rights Commission of Pakistan stated that “…this measure will invariably be used to clamp down on political dissent through means of blackmail, harassment, and intimidation.”

Sources: Dawn, Reuters, VOA News

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Global ranking per category of democratic performance in 2023

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Representation
109/173
Rights
142/173
Rule of Law
132/173
Participation
92/173

Basic Information

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Population Tooltip
235 824 862
System of government
Parliamentary system
Head of government
Prime Minister Shehbaz Sharif (since 2024)
Head of government party
Pakistan Muslim League-Nawaz (PML-N)
Electoral system for lower or single chamber
Parallel
Women in lower or single chamber
16.2%
Women in upper chamber
19.0%
Last legislative election
2024
Head of state
President Asif Ali Zardari
Selection process for head of state
Indirect election (assembly + regional/local representatives)
Latest Universal Periodic Review (UPR) date
30/01/2023
Latest Universal Periodic Review (UPR) percentage of recommendations supported
74.41%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
No Action
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
in
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Performance by category over the last 6 months

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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Representation
Representation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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