Constitutional amendments “undermine” judiciary’s independence: UN Human Rights Office

ISLAMABAD: United Nations Human Rights chief Volker Turk voiced concerns that the newly enacted 26th Constitutional Amendment would seriously “undermine” the independence of the judiciary in Pakistan.

In a statement on X, UN High Commissioner for Human Rights Turk said the latest constitutional amendments – “adopted hastily”, without broad consultation and debate – will seriously undermine the independence of the judiciary.

“Constitutional reforms must be in line with international human rights law,” the UN Human Rights office added.

The remarks came a day after the ruling coalition, following the month-long political negotiations, passed the 26th Constitutional Amendment Bill, which brought numerous changes to the judiciary including empowering Parliament to pick the next chief justice of Pakistan (CJP) from among the three most senior SC judges.

Earlier, the International Court of Justice (ICJ) called the constitutional tweaks a “blow to the judiciary’s independence.”

“These changes bring an extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration,” ICJ’s Secretary General Santiago Canton said in a statement.

The World Court chief said that the amendments “erode the judiciary’s capacity” to independently and effectively function as a check against excesses by other branches of the State and protect human rights.

The Human Rights Commission of Pakistan (HRCP) also expressed strong reservations over certain aspects of the amendments.

“Although the amendments are more tempered than those proposed in earlier drafts, HRCP’s fear that the Act will erode judicial independence has not been allayed,” the HRCP said in a statement on X.

The commission argued that the composition of the special parliamentary committee that will nominate the chief justice of Pakistan gives the government of the day a dangerous advantage, potentially subjugating the judiciary in contravention of Pakistan’s obligations under Article 14 of the ICCPR.