The Additional Information in Respect of Reports Submitted by Pakistan to the Committee

The Additional Information in Respect of Reports Submitted by Pakistan to the Committee


“Whena country ratifying the Covenant on Economic, Social and Cultural Rights acknowledges its responsibility to promote better living conditions for its people. It recognizes everyone´s right to work, fair wages, social security, adequate standards of living and freedom from hunger, health and education.It also undertakes to ensure the right of everyone to form and join trade unions.”

Now it is the entrusted responsibility of the elected Committee on Economic, Social and Cultural Rights as it has jurisdiction to monitor that Pakistan is implementing the covenant to its content and spirit or not. Precisely, the reason is that Pakistan is seriously violating the provision of covenant as well as Limburg principles on Implementation of Covenant´s Article64 and 65. In respect of China-Pakistan Economic Corridor (CPEC), the security forces of Pakistan are seriously violating the fundamental human rights of the indigenous peoples of Balochistan who are in the vicinity of the road networks, which are being constructedfrom Gwadar to China without the consent of indigenous peoples. Half million inhabitants were forced to leave their homes and were displaced as their houses were destroyed. This illustrates a clear violation of Articles 4 and 24 of the Constitution of Pakistan and article 17 of Universal Declaration of Human Rights, precisely because they have been deprived from their properties. The security forces are also violating United Nations Declaration on the Rights of Indigenous People and the Declaration on the Rights to Development as the construction is taking place without the consent of the indigenous Balochpeople of Baluchistan. The beneficiary of that macroeconomic mega project will be China and Federation of Pakistan . Almost it converts the Baloch Indigenous People in minority in Baluchistan.

In this connection the poem of Rita Joe which is in consonant with Balochistan's prevailing situation especially with development of Gwadar, reproduce under which is the voice of the soulof every indigenous people in the world.

Your buildings are tall, alien,

Cover the land;

Unfeeling concrete smothers,

windows glint

Like water to the sun.

No breezes blow

Through standing trees;

No scent of pine lightens my burden.

I see your buildings rising skyward,


Over the trails, where men once walked,

Significant rulers of this land

Who still hold the aboriginal title

In their hearts

By traditions known

It is therefore humbly submitted during monitoring the misdeeds and the elements of atrocities by the security forces may kindly be kept in consideration. It is also submitted that report of State Partyto bemonitored and viewed realistically, not romantically.


1.It is correct that the government of Pakistan signed the International Covenant of Economic, Social and Cultural Rights (ISESCR) on 3rdNovember 2004 and it is also correct that Pakistan ratified it on 17 April 2008. As usual the government has submitted its report as a state party with an inordinate delay, while the state partyundertakes under Articles 16 and17 of the covenantto submit periodic reports to committee within two years. That reveals the lack of seriousness and irresponsibility of Pakistan.

2.So far this paragraph 2 of introduction is concerned partially concur.

3.It is incorrect, this paragraph is absurd, the names of legislations enacted by provincial and federal governments are missing, therefore it is refuted.

4.It is incorrect that Pakistan is implementing the Articles 1 to 15 of the (ICESCR).In Pakistan is the Achilles heel of enforcement and implementation of laws and international instruments even the constitution.

List of issues in relation to the initial report of Pakistan.

1.General information.

(1)That to some extent Pakistan is prior to ratified and after has incorporate the provisions of International covenant on Economic, Social and Cultural Rights in Constitution and other domestic legislations. It is pertinent to mention here that it is hard to implement the provisions of constitution and other laws. In nutshell there are constitution and laws but without implementation.

(2)Not at all. Although the constituent assembly during enshrining the Principles of Policies in chapter 2 had pledged and committed that within ten years the provisions would be enforceable and justifiable, but they did not comply with their commitment, however the Principles of Policies have been adopted as Guideline Principles. It would not be out of place to mention here thatprovision 31 which is related to Islamic way of life and its sub-proviso were implemented as Guideline Principles. Due to which all enacted domestic laws and provisions of the Constitution of Pakistan are secondary status to the injunctions of Islamic, by nature thoseare draconian . It is an established fact that rules, regulations, laws and constitutional provisions are mechanical in nature while societies are organic. The rules and statutes are changed off and on so that they are adjusted to the needs of society. Therefore Islamic laws are Barriers in enactment of progressive laws especially in incorporating the international instruments. For instance, the Universal Declaration of Human Rights, the international Covenant on Economic, Social and Cultural Rights and Covenant on Civil and Political Rights are the tenet of human rights,which have provisions which are conflict with Islamic Law. Since the Principles of Policies are not enforceable in Pakistan´s courts, hence we are not in a position to refer any casethat was decided by demotic courts.

(3)So for devolution of power through 18thamendment is concerned, the devolution was or is only in administrative aspect, so far financialand taxationare concerned the status quo is sustained . It would be relevant to mention here that the high echelons posting and transferof provinces arethediscretion of federal government, for instance Chief Secretary and Inspector General of Police. In Baluchistan, the chief executive is Core Commander not the Chief Minister. It means administration has not been running by provincial government at all. TheFourth Schedule of the Constitution which is relatedto Federal Legislative List,its Part-1 contains 59 entries and Part- 11 consists of 18 entries. It is pertinent to express here that the fundamental sources of generating finance and taxes collection, if we throw a glance on the entries which aretotal77 entries out of them 11 are related with taxes collection,non were abolished in 18thamendment as known“residuary power” which come with the demonian of provincial autonomy. Article 142(c) of the Constitutionthat says Subject to Paragraph (b) a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not have power to make laws with respect to any matter not enumerated in the Federal Legislative List. Only entries 44 which was prior to 18thamendmentlisted in Concurrent List 0.4 was about stamp and excise dutyfor province now abolished That means nowprovinces merely get 5% of financial share including NFC Award.

So far the mechanism of Council of Common Interest is concerned, which was constituted by virtue of 18thamendment, its composition is also in one way or other supports federal government. Prime Minister will be its chairman and he or she nominates three Members from National Assembly,including Chief Ministers of four provinces. Generally speakingPakistan means Panjab province, due to her tyranny of the majority in population, and in backing of six lakh of the army and a big civil bureaucracy.

4.That so for the abduction, killing and intimidation of human rights defenders, lawyers and journalist are concerned, the security agencies as a state institution and as a state policy has launched a regularcampaign to eliminate those who raise their voiceagainst the mass atrocity acrossBaluchistan. Prima facie in Balochistan they have been committing genocide, ethnic cleansing, crimes against humanity and war crimes.. The security council is ignoring this catastrophe in Balochistan. They shouldapplythe principle of responsibility to protect (or R2P) human being from further atrocity.

So why not rescue the oppressed Baloch people? The atrocity of Pakistan´s security forces has become so unbearable. Therefore, under these conscience shocking situation, the Baloch through this forum request the UN and civilized countries help and assist us as an oppressed nation. The International StatesCommunityare vicariously guilty of self-seeking apathy, of culpability by silence. Bernard Shaw put it tartly:

“The worst sin towards our fellow creatures is not to hate them, but to be indifferent to them: that´s the essence of inhumanity,”

(The Devil´s Disciple, Act 11)

In Pakistan perpetrators are above to law and the constitution. As it was observedthat General (R) Pervez Musharraf committed high treason and heabrogated theconstitution under Article 6. He was provided shield and fled from country even he did not appear before the court.Despite of the fact that Article (2A) was inserted in Article 6in 18thamendmentof the Constitution, which holds that an act of high treason mentioned in clause(1) or (2) shall not be validated by any court including the Supreme Court and a High Court. Although his name was in exist control list . But despite of that the Supreme Court and Federal Government allowed him to go aboard due to pressureof the ex- Chief of staff. Later on in an interview he admitted that due to help ofRaheel Sharif hemanagedand fled from Pakistan. In addition to that he is also nominated in Benazir Bhuto and Nawab Mohammad Akbar Khan Bugti's assassination.

11- Issues relating to the general provisions of the Covenant(Arts.1-5)

Article 1: Self determination

That it is vehemently denied that Pakistan has the universal realization regarding the right to self-determination.Balochistan was illegally occupied by Pakistan by act of aggression on 27.03.1948. We have been dispossessed and deprived of our lands, territories, sea and natural resources. Ipso facto Pakistan has been exploiting us from the day one when she made us her colony, and seriously violating the Article 1 (i) in setting out the purpose of United Nation´s acknowledges the principle of equal rights and self-determination of people, which has further been adopted in 1960 by the General Assembly aimed to accelerate the elimination of non-self-governing territories adopted as GA RES 1514 (XV), whose main objective was the necessity of bringing to a speedy and unconditional end to colonialism in all its forms and manifestations. In Article 1 (ii), it is relevant to state here that Pakistan has made an agreement with China without the consent of Baloch people, even the master plan and agreement has not been debated in Balochistan Assembly, nor the Parliament. The project is known as CPEC worth around $62 Billion. Centre point and hub junction of the macro-economic scheme is based on Gwadar coast where China wants to construct a new silk route from where more roads and pipeline connect the flow of consumer goods and hydrocarbons to China´s middle-class fleshpots further East. Gwadar looked poised to connect Pakistan and Chinese strategic interest, meanwhile, in other branch of this road and pipeline network would go from Gwadar north to Afghanistan, and on into Iran and central Asia. In fact, Gwadar´s pipeline would lead into a network expanding from Pacific Ocean, west world to the Caspian Sea. Therefore Gwadar is becoming pulsing hub of new silk road, both land and maritime. It would be pertinent to mention here that Balochistan is a virgin of resources including copper, gold, uranium and potentially rich oil and gas resources. Although more than a third of the country's gas is produced there. Balochistan consumes only a fraction of it because of poverty, even as Pakistan´s economy is one of the most dependent on natural gas.Sui gas field is the biggest natural gas field in Pakistan. It situated in Sui, Balochistanwhich was discovered in the late 1952 and commercial exploitation of the field begun in 1955.Balochistan is providing 70% gas. Its revenue proceeds more than one trillion Rupees, but only getting GDS annually Rs.5 billion and Baloch people are embargo to ask about the actual figures of revenue. In a nutshell in this area federal government is also violating the international norms and covenant. How can you imagine that only five districts of Balochistan are provided with gas? Its because the cantonments are located over there. Even in Sui from where the gas was discovered, the inhabitants of it have been deprived from their natural resources.

In this context Baloch have a lot of experiences with Saindak gold project, Sui gas field are textbook examples and now Gwadar Port and RekoDiq`s fate would be the same. Therefore Baloch are resisting and Pakistan and China are ruthlessly killing them which is an absolute violation of Article 1 (ii) of the Covenant, and Principles of Milberg. It is pertinent to state here that gold is a provincial subject which comes within the legislative power of provinces, prior to 18thamendment, it is regrettable to state here that Pakistan has not bothered the constitutional right of Balochistan and leased that precious deposit of gold to China. Irony is that what we can expect from 18thamendment, since Pakistan is a country running without implementation of constitution and international instruments. Hence the resources of indigenous people are being exploited by Pakistan and now subletting her colony Balochistan to China, which are causing irreparable economic and political losses to Baloch people.

5.It is pertinent to mention here that in 1966 the self-determination was enshrined as legal character in Article 1 of the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. It would also be pertinent to point out here that after 10 years the principle is embodied in the 1970 Declaration on principles of International Law concerning Friendly Relations and Cooperation among states, whose principles are declared to constitute basic principle of international law.

The principle of equal rights and self-determination of principles, which are elaborated in Oppenheim’s International Law, page 287; Pakistan is violating theprovision of charter regarding the implementation of the principle, which holds “ To bring a speedy end to colonialism, having due regard to the freely expressed will of peoples concerned; and bearing in mind that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle as well as denial of the fundamental human rights, and is contrary to the Charter” Pakistan comes within the ambit of this context.

It is also further referred that Pakistan has been committing crime against humanity, genocide, war crime and ethnic cleansing of Baloch people which is violation of principle equal rights and self-determination, which states “Every State has the duty to refrain from any forcible action which deprives peoples referred to above in elaboration of the present principle of their right to self-determination and freedom and independence. In their actions against, and resistance to, such forcible action in pursuit of exerciseof their right to self-determination, such peoples re entitled to seek and to receive support in accordance with the purposes and principles of the Charter.

Pakistan is supporting the right for self-determination of Jammu and Kashmir and Palestinian. On the contrary, ruthlessly has been exterminating Baloch people as a state policy and against their self-determination movement whereas their struggle is against its colonialism and according to Charter of the United Nations and International laws. The behavior of Pakistan reveals her irrationality rather rejects the principles of justice. ThereforeI recollect the remarks of Philip Bastard in the play King John by William Shakespeare, that our general evaluation of the world is often influenced by our own special interests:

Well, whiles I am a beggar, I will rail

And say there is no sin but to be rich;

And being rich, my virtue then shall be

To say there is no vice but beggary

It would be relevant to state here that the independence of Kosovo and East Timor has evolved a new norm of international law, which is prevailing in this arena by name of dimensional of struggle for justice. According to this principle, if a state eliminates a genuine national liberation movement in terms of genocide and crimes against humanity and war crimes, the international states community do not standby. It is nowadays mandatory that they should combat the impunity of atrocity.

We have seen the revolutions in Eastern Europe overthrow the old imperial constitutions after 1989; the peoples who demanded recognition re-described their culture as nations (the most prestigious form of cultural recognition). Then they inferred that the only form of constitutional recognition of a nation must be an independent nation state. Under the logic of this inference, they tended to pass rapidly through multinational constitutional federations and to disintegrate into nationally defined states. These revolutions thus continued one of the oldest conventions of the modern constitutionalism: every culture worthy of recognition is a nation, and every nation should be recognized as an independent nation state, according to James Tully, author of Strange Multiplicity: Constitutionalism in an Age of Diversity.

6.It is incorrect that Pakistan has sincerely and honestly tabled resolution at UNGA under the title Universal Realization of the peoples for self-determination, rather its approach is irrational of choice and bias and prejudice especially in connection with Balochistan. For the purpose of details please read paragraph 5.