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Pakistan

Executive Summary

Pakistan is a federal parliamentary republic. In 2018 the Pakistan Tehreek-e-Insaf (PTI) party won the most National Assembly seats in the general elections, and PTI’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 occurred.

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 (FATA), 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 continues to play a role in domestic security, including as the lead security agency in many areas of the former FATA. While military and intelligence services officially report to civilian authorities, the military and intelligence services operate independently and without effective civilian oversight.

Significant human rights issues included: unlawful or arbitrary killings by the government or its agents, including extrajudicial killings; forced disappearance; torture; arbitrary detention; arbitrary or unlawful government interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including violence against journalists, censorship, and site blocking; substantial government interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; severe restrictions of religious freedom; significant restrictions on freedom of movement; acts of corruption within the bureaucracy; unlawful recruitment and use of child soldiers by nonstate militant groups; trafficking in persons; crimes involving 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; and the use of forced or compulsory 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 September terrorism fatalities stood at 315, in comparison with 697 total fatalities in 2018, 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

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is a criminal offense, with punishment for conviction that ranges from a minimum of 10 to 25 years in prison and a fine, to the death penalty. The penalty for conviction of gang rape is death or life imprisonment. The law does not explicitly criminalize spousal rape and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions are rare. The Criminal Law (Amendment) (Offense of Rape) Act of 2016 provides for collection of DNA evidence and includes nondisclosure of a rape victim’s name, the right to legal representation of rape victims, relaxed reporting requirements for female victims, and enhanced penalties for rape of victims with mental or physical disabilities.

The government did not effectively enforce the 2006 Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. The law prohibits police from arresting or holding a female victim overnight at a police station without a civil court judge’s consent. The law requires a victim to complain directly to a sessions court, which tries for heinous offenses. After recording the victim’s statement, the sessions court judge files a complaint, after which police may make arrests. NGOs reported the procedure created barriers for rape victims who could not travel to or access the courts. NGOs continued to report that rape was a severely underreported crime.

The Punjab Protection of Women against Violence Act provides legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters. Centers provide women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, post-trauma rehabilitation, free legal services, and a shelter home. The Punjab government funds four women’s career centers in Punjab universities, 12 crisis centers that provide legal and psychological services to women, and emergency shelters for women and children. In March the Punjab government established a women’s hostel authority to assist women in finding safe, affordable, temporary lodging while looking for work.

Lahore uses a specialty court designed to focus exclusively on gender-based violence (GBV) crimes. The Lahore Gender-Based Violence Court receives the most serious cases in the district, such as aggravated rape, and offers enhanced protections to women and girl.

There were no reliable national, provincial, or local statistics on rape due to underreporting and no centralized law enforcement data collection system.

Prosecutions of reported rapes were rare, although there were reports that prosecution rates increased in response to police capacity building programs and public campaigns to combat the lack of awareness regarding rape and GBV. Police and NGOs reported individuals involved in other types of disputes sometimes filed false rape charges, reducing the ability of police to identify legitimate cases and proceed with prosecution. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded victims drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from victims before registering rape charges, and investigations were often superficial. Furthermore, accusations of rape were often resolved using extrajudicial measures, with the victim frequently forced to marry her attacker.

The use of rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most victims of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape victims.

No specific federal law prohibits domestic violence, which was widespread. Police may charge acts of domestic violence as crimes pursuant to the penal code’s general provisions against assault and bodily injury. Provincial laws also prohibit acts of domestic violence. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and–in extreme cases–homicide. Dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.

Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to act in domestic violence cases, viewing them as family problems. Instead of filing charges, police often responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members.

To address societal norms that disapprove of victims who report GBV, the government established women’s police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. There was an inadequate number of women’s police stations, and they faced financial shortfalls and appropriate staffing shortages.

The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Officials later referred victims to darulamans, shelter houses for abused women and children, of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs, the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery but who in fact were victims of rape or other abuse.

Government centers lacked sufficient space, staff, and resources. Many overcrowded dar-ul-amans did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases individuals reportedly abused women at the government-run shelters, and staff severely restricted women’s movements, or pressured them to return to their abusers. There were some reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, assuming that if a woman fled her home, it was because she was a woman of ill repute.

Media reported that Pakistani women and girls were trafficked to China, some as child brides. On December 5, the Associated Press reported that Pakistani investigators had compiled a list of up to 629 girls and women being trafficked to China but that officials with connections to China hindered efforts to investigate the trafficking. The embassy of China in Islamabad denied the reports.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.

Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and used as chattel to settle tribal disputes.

A 2004 law on honor killings, the 2011 Prevention of Antiwomen Practices Act, and the 2016 Criminal Law Amendment (Offenses in the Name or Pretext of Honor) Act criminalize acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases officials allowed the male involved in the alleged “crime of honor” to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported that increased media coverage enabled law enforcement officers to take some action against these crimes. Media reported that assailants killed 78 persons, including 50 women, in “honor” killings in the first six months of the year.

In February Zulfiqar Wassan killed a 14-year-old girl, Rimsha Wassan, in Khairpur, Sindh. After police apprehended Wassan, they discovered that he was involved in three other “honor” killing cases. On July 1, police arrested a man and several of his family members in Multan, Punjab, after the man reportedly shot and killed his wife, their two children, and six of her family members as revenge for his wife’s suspected affair. The District Police Officer reported that the man was unrepentant for what was “clearly an honor killing.” As of September the cases were pending with the trial court.

There were reports that the practice of disfigurement, including cutting off a woman’s nose or ears or throwing acid in the face, in connection with domestic disputes or so-called honor crimes, continued and legal repercussions were rare.

The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codify the legal mechanisms to formally register and prove the legitimacy of Hindu marriages. The 2017 Hindu Marriage Act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. Some activists claimed the latter provision weaken the government’s ability to protect against forced marriage and conversion. The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act 2018 allows local government officials to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.

The 2011 Prevention of Antiwomen Practices Amendment Act criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas. In March a local jirga gave a seven-year-old girl as compensation for an honor killing case in Pano Aqil, Sindh. Police recovered the girl after a video showing her crying for justice went viral.

The law makes maiming or killing using a corrosive substance (such as acid) a crime and imposes stiff penalties against perpetrators. There were numerous acid attacks on women across the country, with few perpetrators brought to justice.

The 2012 National Commission on the Status of Women Bill provides for the commission’s financial and administrative autonomy to investigate violations of women’s rights.

Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. The Sindh, Punjab, Khyber Pakhtunkhwa Provinces and Gilgit-Baltistan Province had established ombudsmen. On April 1, Balochistan appointed advocate Sabira Islam as the first provincial ombudsperson.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance.

The law entitles female children to one half the inheritance of male children. Wives inherit one eighth of their husbands’ estates. Women often received far less than their legal entitlement.

Anti-Semitism

Most of the historic Jewish community has emigrated. Anti-Semitic sentiments were widespread in the vernacular press. Hate speech used by some politicians and broadcast in some print media and through social media used derogatory terms such as “Jewish agent” to attack individuals and groups or referred to “Zionist conspiracies.”

National/Racial/Ethnic Minorities

Some Sindhi and Baloch nationalist groups claim that authorities detain their members based on political affiliation or belief. Nationalist parties in Sindh further allege that law enforcement and security agencies kidnap and kill Sindhi political activists.

On February 6, a local government chairperson, Abdul Rahim Shah, shot Sindhi political activist Irshad Ranjhani on a road in Karachi. Shah claimed he shot at Ranjhani in self-defense during an armed robbery attempt. A former police officer, Riaz Hussain, denied Ranjhani timely access to medical care, which led to his death. The video of the incident showed police officers interrogating and mistreating an injured Ranjhani while in custody. On February 11, police arrested Shah and suspended Riaz Hussain for delaying medical treatment by taking the victim to a police station rather than a hospital for urgent medical care. In April police and other witnesses told a court that police allowed Shah to shoot Ranjhani in the head for a fifth time during transit from the police station to the hospital.

Sectarian militants continue to target members of the Shia Hazara minority in Quetta, Baluchistan. As a result they are largely confined to two Hazara-populated enclaves, which significantly restricts their ability to move freely, find employment, and pursue higher education.

Other Societal Violence or Discrimination

Societal violence due to religious intolerance remained a serious problem. There were occasionally reports of mob violence against religious minorities, including Christians, Ahmadi Muslims, and Hindus. Shia Muslim activists reported ongoing instances of targeted killings and enforced disappearances in limited parts of the country.

Members of the Hazara ethnic minority, who are Shia Muslim, continued to face discrimination and threats of violence in Quetta, Balochistan. According to press reports and other sources, Hazara were unable to move freely outside of Quetta’s two Hazara-populated enclaves. Community members complained that increased security measures had turned their neighborhoods into ghettos, resulting in economic exploitation. Consumer goods in those enclaves were available only at inflated prices, and Hazaras reported an inability to find employment or pursue higher education. They also alleged government agencies discriminated against Hazaras in issuing identification cards and passports. Authorities provided enhanced security for Shia religious processions but confined the public observances to the Hazara enclaves.

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