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Pakistan

Executive Summary

Pakistan is a federal parliamentary republic. In 2018 the Pakistan Tehreek-e-Insaf party won the most National Assembly seats in the general elections, and the party’s leader, Imran Khan, became prime minister. While independent observers noted technical improvements in the Election Commission of Pakistan’s management of the polling process itself, observers, civil society organizations, and political parties raised concerns regarding pre-election interference by military and intelligence agencies that created an uneven electoral playing field. Some political parties also alleged significant polling day irregularities.

Police have primary domestic security responsibility for most of the country. Local police are under the jurisdiction of provincial governments. Paramilitary organizations–including the Frontier Corps, which operates in Balochistan and Khyber Pakhtunkhwa, including the former Federally Administered Tribal Areas, and the Rangers, which operate in Sindh and Punjab–provide security services under the authority of the Ministry of Interior. The Frontier Corps’ primary mission is security of the Pakistan-Afghanistan border, and the Corps reports to the Ministry of Interior in peacetime and the army in times of conflict. The military is responsible for external security but plays a role in domestic security, including as the lead security agency in many areas of the former Federally Administered Tribal Areas. While military and intelligence services officially report to civilian authorities, the military and intelligence services operate independently and without effective civilian oversight. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings by the government or its agents, including extrajudicial killings; forced disappearance by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government or its agents; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; politically motivated reprisal against individuals located outside the country; arbitrary or unlawful government interference with privacy; serious restrictions on free expression, the press, and the internet, including violence against journalists, unjustified arrests and disappearances of journalists, censorship, and site blocking; government interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization laws; severe restrictions of religious freedom; restrictions on freedom of movement; corruption within the bureaucracy; lack of investigation of and accountability for violence against women; unlawful recruitment and use of child soldiers by nonstate militant groups; trafficking in persons; crimes involving violence or threats of violence targeting members of racial and ethnic minorities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons by nonstate actors; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; restrictions on workers’ freedom of association; and the use of the worst forms of child labor.

There was a lack of government accountability, and abuses often went unpunished, fostering a culture of impunity among perpetrators, whether official or unofficial. Authorities seldom punished government officials for human rights abuses.

Terrorist violence and human rights abuses by nonstate actors contributed to human rights problems, although to a lesser extent than in previous years, consistent with an overall decline in terrorist activity. Military, police, and law enforcement agencies continued to carry out significant campaigns against militant and terrorist groups. Nevertheless, violence, abuse, and social and religious intolerance by militant organizations and other nonstate actors, both local and foreign, contributed to a culture of lawlessness. As of December, terrorism fatalities stood at 499, compared with 365 total fatalities in 2019, according to the South Asia Terrorism Portal, a database compiled by the public interest advocacy organization Institute for Conflict Management, which collects statistics on terrorism and low intensity warfare in South Asia.

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

In 2018, 2019, and 2020, the Department of State designated Pakistan as a Country of Particular Concern under the 1998 International Freedom Act, as amended, for having engaged in or tolerated particularly severe violations of religious freedom. See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport.

Section 3. Freedom to Participate in the Political Process

The constitution provides the majority of citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Gilgit-Baltistan and the Azad Kashmir area have political systems that differ from the rest of the country, and neither have representation in the national parliament.

Elections and Political Participation

Recent Elections: In July 2018 the country held direct elections that resulted in a PTI-majority national government led by Prime Minister Imran Khan. EU observers assessed voting was “well conducted and transparent” but noted “counting was sometimes problematic.” Civil society organizations and political parties raised concerns regarding pre-election interference, including restrictions on freedom of expression, allegedly creating an uneven electoral playing field.

In September 2018 the Electoral College (made up of the members of both houses of Parliament, and of the provincial assemblies) held presidential elections and selected PTI member Arif Alvi to succeed Mamnoon Hussain of the PML-N. Following the passage of the 25th amendment merging the former FATA with the rest of Khyber Pakhtunkhwa in 2019, the government held special elections that gave residents of the former FATA representation in the Khyber Pakhtunkhwa provincial assembly for the first time in their history. Politically, the only remaining hurdle for full integration of the former FATA with Khyber Pakhtunkhwa is elections for local leaders.

On November 15, Gilgit-Baltistan held legislative assembly elections. according to unofficial results, the PTI won 10 of 24 total seats, a sufficient number for the party to form a government. The elections, originally scheduled for August, had been delayed several months due to the COVID-19 pandemic. The opposition parties, PML-N and PPP, complained of alleged “rigging” of the election, although Free and Fair Election Network’s CEO described the elections as “free and fair.”

Political Parties and Political Participation: There were no reports of restrictions on political parties participating in elections, except for those prohibited due to terrorist affiliations.

On October 15, opposition parties alleged authorities arrested more than 400 party workers prior to a large demonstration in Gujranwala on October 16. Muttahida Qaumi Movement-Pakistan complained police and other security agencies arrested its workers by claiming it to be part of a verification process. In May the government banned Sindhi nationalist political party Jeay Sindh Qaumi Mahaz, Arisar. The NGO Human Rights Commission of Pakistan and other rights organizations expressed concern over the ban saying the government must distinguish between political parties and terrorist organizations before banning any of them. The Muttahida Qaumi Movement-London alleged that security forces abducted its members and others expressing support for their founder, Altaf Hussain.

Khyber Pakhtunkhwa police charged local leaders of the opposition group Pakistan Democratic Movement with violating the province’s epidemic control law for their role in organizing the November 22 antigovernment rally in Peshawar after the district administration had denied the group’s district-level leaders permission for the rally over COVID-19 concerns.

Judges ordered media regulatory agencies to enforce constitutional bans on content critical of the military or judiciary, compelling media to censor politicians’ speeches and election-related coverage deemed “antijudiciary” or “antimilitary.” Organizations that monitor press freedom reported direct pressure on media outlets to avoid content regarding possible military influence over judicial proceedings against politicians and to refrain from reporting on PML-N leaders in a positive way. In most areas there was no interference with the right of political parties and candidates to organize campaigns, run for election, or seek votes. In Balochistan, however, there were reports that security agencies and separatist groups harassed local political organizations, such as the Balochistan National Party and the Baloch Students Organization.

Participation of Women and Members of Minority Groups: The Elections Act of 2017 stipulates special measures to enhance electoral participation of women, religious minorities, transgender persons, and persons with disabilities. By law women must constitute 5 percent of party tickets, and if less than 10 percent of women vote in any constituency, authorities may presume that the women’s vote was suppressed, and the results for that constituency or polling station may be nullified. The government enforced the law for the first time in Shangla, Khyber Pakhtunkhwa, when the Election Commission canceled the district’s 2018 general election results after women made up less than 10 percent of the vote.

Cultural and traditional barriers in tribal and rural areas impeded some women from voting. Authorities used quotas to assure a minimum level of participation of women in elected bodies. There are 60 seats in the National Assembly and 17 seats in the Senate reserved for women. Authorities apportioned these seats based on total votes secured by the candidates of each political party that contested the elections. Women and minorities also may contest directly elected seats, but both women and minorities struggled to be directly elected outside of the reserved seats. Authorities reserved for women 132 of the 779 seats in provincial assemblies and one-third of the seats on local councils. Women participated actively as political party members, but they were not always successful in securing leadership positions within parties, apart from women’s wings. Women served in the federal cabinet.

The law requires expedited issuance of identification cards (which also serve as voter identification cards) for non-Muslims, transgender persons, and persons with disabilities.

The government requires voters to indicate their religion when registering to vote. Ahmadis are required to either swear Muhammad was the final prophet of Islam and denounce the Ahmadi movement’s founder, or declare themselves as non-Muslims, in order to vote. Ahmadis consider themselves Muslims, and many were unable to vote because they did not comply.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government generally did not implement the law effectively, and officials frequently engaged in corrupt practices. Corruption was pervasive in politics and government, and various politicians and public office holders faced allegations of corruption, including bribery, extortion, cronyism, nepotism, patronage, graft, and embezzlement.

The National Accountability Bureau (NAB) serves as the highest-level anticorruption authority, with a mandate to eliminate corruption through awareness, prevention, and enforcement. The NAB and other investigative agencies, including the Federal Board of Revenue, the State Bank of Pakistan, the Antinarcotics Force, and the Federal Investigation Agency, conduct investigations into corruption, tax evasion, and money laundering.

Corruption: On August 27, Fact Focused, a local media outlet, released an expose on retired lieutenant general Asim Saleem Bajwa, alleging he had amassed a family fortune linked to his promotions in the military. In response, Bajwa resigned as special advisor to the prime minister on information and broadcasting, although he remained chairman of the China-Pakistan Economic Corridor Authority.

On July 27, transporter groups involved in Afghanistan-Pakistan trade protested, temporarily blocking the Torkham highway in Landi Kotal leading to the Torkham border crossing. The protests were directed at local Khyber District police and Khyber Pakhtunkhwa officials, asking them to address alleged bribery and extortion, allegedly perpetrated by self-proclaimed union representatives of transporters or other private criminal gangs, at truck parking lots in Bara, an area 30 miles from Torkham, where trucks were directed to park and wait for their turn to cross the border. Civil society actors estimated 800-1,000 trucks routinely waited in these Bara parking lots–a result of backlogs caused when COVID-19 restrictions and clearing procedures slowed border-crossing traffic.

The government continued its corruption investigations and prosecutions of opposition political party leaders during the year, with high-profile actions brought against former prime minister Nawaz Sharif and former president Asif Ali Zardari, and senior members of other opposition parties, including JUI-F. Opposition parties alleged these prosecutions selectively targeted their leadership.

Reports of corruption in the judicial system persisted, including reports that court staff requested payments to facilitate administrative procedures. Lower courts reportedly remained corrupt, inefficient, and subject to pressure from higher-ranking judges as well as prominent, wealthy, religious, and political figures.

Financial Disclosure: By law, members of Parliament, civil servants, and ministers must declare their assets. Elected officials must also disclose their spouses’ and dependent children’s assets. Failure to disclose this information may lead to their disqualification from public office for five years. Heads of state, in contrast, are not required to declare their income and assets. Judges, generals, and high-level officials often concealed their assets from the public. In Khyber Pakhtunkhwa, media proactively reported on the financial disclosures of legislators and provincial officials.

Political parties and politicians must file annual financial accounting reports declaring their assets and liabilities. The government has not fully implemented the law, and lawmakers often disregarded it. It is the duty of the Election Commission of Pakistan to verify that political parties and politicians make their financial information publicly available; the commission posts a list of parliamentarians’ assets annually.

Under the efficiency and disciplinary rules, an official must face an inquiry if accused of corruption or financial irregularities. A person convicted of corruption faces a prison term of up to 14 years, a fine, or both, and the government may appropriate any assets obtained by corrupt means.

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