Pakistan: Declaration of emergency must not be pretext to crackdown on human rights

Summary

While states may, in strictly limited circumstances, derogate from their human rights obligations to respond to a public emergency that threatens the existence of the nation, emergency measures are not a blank cheque to crack down on human rights, silence dissent, or concentrate power. “Given the history of enforced disappearances and extrajudicial executions in counterterrorism operations by the armed forces, the deployment of the army further militarizes the province and could create conditions for unlawful use of force. Pakistani authorities must avoid using military personnel for ordinary policing tasks and ensure that military forces remain accountable and comply with international human rights law and standards.

Emergency measures are not a blank cheque to crack down on human rights, silence dissent, or concentrate power “At this critical juncture, the federal authorities must ensure independent oversight of all actions taken under the emergency framework, and guarantee that any emergency measure is strictly necessary and proportionate to the situation. President Asif Ali Zardari approved recommendations by the federal cabinet to impose a state of emergency and governor rule in Khyber Pakhtunkhwa province under Articles 232 and 234 of Pakistan’s constitution respectively, citing an “unprecedented level of violent intensity of terrorist attacks” and a “breakdown of constitutional machinery” in the province on 11 October. A state of emergency allows the federal legislature (national assembly and senate) to pass laws regarding the province and allows the federal government to suspend fundamental rights such as the freedoms of assembly, association and expression.

The notification by the president stated that the powers of the provincial assembly will be exercised by the federal parliament and it was stated that the chief minister along with the provincial ministers, advisors, special assistants and advocate general would cease to hold office. Separately, the federal government deployed the Pakistan military “in aid of civil powers” in the province under article 245 of the constitution. Former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party has been in power in Khyber Pakhtunkhwa province since 2013.

PTI formed its latest government with a two-thirds majority after the 2024 general election.

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