Abstract
Human rights are the rights inherent to all human beings, irrespective of their place of residence, sex, nationality, ethnic origin, religion or language. All human beings are entitled to these rights without any discrimination. Post Universal Declaration of Human Rights and the evolution of institutional mechanisms at the United Nations, Regional and National levels and due to advocacy campaigns by INGOs, NGOs and media, Human Rights violations are being persuaded in a proactive way. Global politics and bilateral, regional and international trade and economy have also evolved direct linkages with human rights issues. Consequently, State parties, including Pakistan, have been receiving a higher number of queries about Human Rights violations from UN special procedures, rapporteurs, treaty implementation committees and other diplomatic channels through the Ministry of Foreign Affairs. It had been observed that the Human Rights Framework of Pakistan was not effective, as evident from concluding observations of the previous Universal Periodic Review (Donnelly, 1989). Pakistan is ranked 150 out of the 189 countries surveyed for human development, bracketing it alongside South Asian neighbors, including India, Bangladesh, Bhutan and Nepal. Although Pakistan’s HDI stood at 0.562 in 2018 as against 0.525 in 2010 (UNDP, 2018), even with this progress, the rank is very low, which is a clear indicator of the meagre level of effectiveness of the human rights framework. Moreover, the Reports of Amnesty International (Amnesty International, 2017) and Human Rights Watch (2018) labelled Pakistan as a very volatile country for women, children and minorities.
Other than traditional development indicators, some other important aspects of Human Rights like the Gender Inequality Index (Human Rights Watch, 2017), Child Protection and Minorities Protection; in Pakistan is at the bottom line and facing severe criticism from United Nations Committees and International Institutions. The UN-based human rights paradigm is continuously evolving, and disciplinary boundaries are expanding and inculcating the elements of democracy, gender orientation and other third and fourth-generation rights over the last few years. Traditional standards and viewpoints about human rights continuously failed to answer the queries about modern human rights concerns. So it is required to investigate the issue in depth to understand the dynamics and complexities of the modern human rights paradigm through its historical evolution and its relationship with Pakistan, keeping in view the demand and expectation of the international community from Pakistan about the effectiveness of the human rights framework in its territorial boundaries. This article is an attempt to define the global development of the human rights framework and its implementation in Pakistan, especially with reference to constitutional guarantees and its effectiveness through a survey-based-knowledge amongst the youth of Islamabad Capital Territory (ICT).
Keywords: UN Human Rights Conventions, Human Rights, and Pakistani Youth.
Study Thesis/Question
Study Objective
Briefly describing the origin of the concept of human rights, which is embedded in theology, philosophy and law, the movement of human Rights played a significant role in history, politics and international relations (Leah, 2009). The history of Rights starts from the known origin of human civilizations in 539 B.C. The actions of Cyrus, the first king of Persia, made important advances for Man. He worked for non-discrimination and equality for all people, giving them the right to decide their religious matters. Thus, the inscription of Cyrus Cylinder is considered the world’s first written document of human rights. Starting its journey from Persia, the concept of human rights spread out quickly to Italy, India and Greece (Ishay, 2009). This has been the beginning process of the evolution of the modern human rights paradigm. The idea of “natural law” arose, describing that people like to follow unwritten natural laws (Surinder Kaur, 2014).
Abrahamic religions, Judaism, Christianity, and Islam have been catalysts for ensuring human rights for common people. The ten commandments of the Old Testament, “Sermon on the Mount'' (of Beatitudes) in the New Testament, and The Last Sermon of Prophet Muhammad (P.B.U.H) known as Khutba, hajjatul-widaand Madina pact are the key religious texts which emphasized the importance of human rights and equality of human beings before law.
Prophet Mohammad, in his Last Sermon, underlined the human rights framework, maintaining, "All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also, a White has no superiority over a Black nor a Black has any superiority over a White except by piety and good action. Learn that every Muslim is a brother to every Muslim and that the Muslims constitute one brotherhood. Nothing should be legitimate to a Muslim who belongs to a fellow Muslim unless given freely and willingly."
"Do not do injustice to yourselves. Remember one day you will meet Allah and answer your deeds. So beware, do not astray from the path of righteousness after I am gone” (https://www.iium.edu.my/deed/articles/thelastsermon.html ).
Islam specifically focuses on the equality of mankind and human dignity. Islam focuses on all basic rights regarding religion, economic, moral, political and social areas of life. The Holy Prophet Mohammad (PBUH) proclaimed the Human Rights Framework of Islam much before the modern Western concept. The declaration of human rights in Islam has been a very basic and fundamental concept since the beginning of Islam (Mahmood, 1993). Likewise, Hinduism, Buddhism, and Sikhism also provide a concept of human rights in several basic religious texts (Arvind, 2010; Kaur, 2014).
Magna Carta accelerated its pace in the modern paradigm. This contract restricts the monarch from exercising its power against basic human rights (Khan, 2016). The legal breakthrough in modern Western history is the constitutional law of the 17th century (Britannica, 1985). The struggle for Human Rights caused wars and revolutions. During the 17th and 18th centuries, Human rights were considered moral principles or norms which describe certain standards of human behavior and are regularly protected as a constitutional and legal right in local and international law (Nickel, 2007). In his research, Rajesh Kumar Srivastav (2011) has discussed in detail the concept, definition and historical evolution of Human Rights.
Whereas the 1stand 2ndWorld Wars set back the struggle and progress for human rights, especially after achieving the Habeas Corpus Act of 1679, the Bill of rights 1689(Ali Majid, 1993), "The Right of Man" in the USA (Kaur, 2014), and Europe, yet these wars also changed the geography and the provisions of basic rights through important bilateral and global treaties, including League of Nations (Donnelly, 1989), and 1948 Universal Declaration of Human Rights (Thomas, 1988).
The 10th of December is International Human Rights Day (UN, 2018). The Universal Declaration of Human Rights (UDHR) is a set of common principles from the UN framework of the modern human rights paradigm and has thirty non-binding articles. The UDHR creates an enabling environment for the presentation and ratification of International Covenants and Conventions to broaden the scope of international law and the responsibilities of states (Risse, Ropp & Sikkink, 1999). The international paradigm includes all rights given in UDHR and is followed by two basic Covenants, i.e. International Covenant on Civil and Political Rights (ICCPR) and the International Covenant of Economic, Social and Cultural Rights (ICESCR). The UDHR, ICESCR and ICCPR are collectively called the International Bill of Human Rights. These three HR Frameworks define the boundaries of the International paradigm of human rights. Following are the other six conventions, which further explore the subject-based rights of a specific group or humanity at large e.g. International Convention against Genocide, International Convention against Racial Discrimination, International Convention on Refugees, International Convention Against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment (CAT), International Convention Elimination of All forms of Discrimination Against Women (CEDAW), International Convention against Racial Discrimination (ICERD).
The protection and provision of Human Rights depend on the “enforcement system” and the ability of the UN to enforce these rights paradigms. The effectiveness of the UN system depends on the decisions of the Security Council. Article 45 of the UN Charter explains the conditions and intervention of the UN Security Council in case of violations. UN Charter empowers Security Counsel to use all means and power to induce the respect of human rights. The Security Council always remains in session to deal with emergencies or instant threats to global security or human rights. Covenants and Conventions inherited these Committees by virtue of internationally agreed contracts signed and ratified by the states through the long and well negotiated proves.
The Human Rights Council is a comparatively new body, which came into being in 2006 to fulfill the gaps of the Human Rights Commission. It follows the methods of the Commission along with some new and refined techniques. The United Nations, through the Human Rights Council, has evolved a new mechanism called “Complaint Procedure” since June 2007. This mechanism empowers the Human Rights Council to directly entertain the cases related to serious violations of human rights and fundamental freedoms but under certain conditions, including political motivations and consistency with the UN Charter.
Having the mandate since its inception to examine the cases brought by any State against another State, the European Commission of Human rights likewise has its own monitoring and enforcement system, which is at par and, in some cases, more efficient than that of the United Nations. So do Americans. The Charter of Bogota, conceived in the late 40s, is a new constitutional instrument recognized by the American States. Other than America and Europe, some other parts of the world also introduced their contracts regarding human rights. Whereas the Asia Pacific and ASEAN countries are one of those, Europe and America are far ahead of other regional setups; rather, they are better than the United Nations with reference to the human rights paradigm.
The disciplinary boundaries of Human Rights are not based on the United Nations, Europe, America, and other state parties; there are other major players without which we cannot understand the essence of the international human rights paradigm. Of these players are civil society, NGOs, INGOs and other human rights-led organizations such as Amnesty International, Human Rights Watch, International Committee of Red Cross, and The International Commission of Jurists, which watch the governments and pressure them to ensure human rights.
Human Rights Framework and Its Awareness amongst Pakistani Youth
Pakistan, being an Islamic Republic and an active member of the United Nations, has also been in the process of evolving, strengthening, and advocating its human rights framework for its people since its creation. The effectiveness of the human rights framework of any country depends on the availability of an enabling environment, i.e., consistent policies, legislation, institutional mechanisms, and awareness. Whereas these developments refer to supply-side push, without demand-side pull, rights effectiveness cannot be ensured. Understanding of awareness level and attitude of Pakistani youth about the human rights framework of Pakistan needs neutral and value-free assessment through clear and definite quantifiable tools to assess the demand side of the human rights framework. It may provide a lead towards some relationship and causation between the awareness level and attitude about human rights that would describe the effectiveness of this framework.
Based on the International Human Rights framework, different survey-based research has been conducted around the world. "A Study of Adolescents' Attitude towards Human Rights in Relation to their Academic Achievement," conducted by Srivastav (2011), used Human Rights attitude scale and academic achievements, and then empirically verified that high academic achievement of adolescent’s boys and girls didn't differ significantly in their attitude regarding human rights. R.D. Padmavathy and Dr. Pratima (2015) investigated the human rights awareness of university students. They studied the information/awareness level of Himachal Pradesh students about human rights, which revealed that students of higher studies, irrespective of their gender and other variables, got an average level of awareness about human rights.
With the support of the Ministry of Human Rights of Yemen, UNDP conducted a comprehensive research study on the "Public Awareness Survey of Human Rights" in 2011. All stakeholders, including the United Nations, the Government of Yemen and civil society, actively took part in that research. A sample size of 2458 individuals was used for this survey involving all parts of Yemen. Scales to measure Human rights awareness level and attitude were developed. It is the largest research on human rights conducted in Yemen, and the whole population has been targeted to collect the data; after the completion of the survey, a complete report was published (Yemen Polling Centre, 2011). They collected data regarding awareness about human rights, Attitudes about Human Rights in general and perceptions about human rights institutions. This comprehensive survey on human rights is a catalyst and can potentially be used as one of the basic documents to design the human Rights survey; the same has been used in this study.
The Foundation of Human Rights has conducted another important research in this regard with the support of the Department of Justice and Constitutional Development (DO&CD) in a project called "Socio-Economic Justice for All, SEJA." After conducting a comprehensive survey, the Foundation published it as a report (Foundation for Human Rights, 2018). The target population for the SEJA Baseline Survey was the non-institutional population residing in private dwellings in the country. Data was collected from 24897 persons. This survey study, with the help of reliable empirical data supports understanding the nature, location and depth of the problems experienced by members of marginalized segments and vulnerable groups with respect to understanding and asserting their rights.
The Ontario Human Rights Commission (OHRC) conducted a survey to know the people’s attitudes in Ontario about human rights. The survey was held in 2017 with a sample of 1,501 adult people. To conduct this survey, a questionnaire was developed and used; OHRC conducted this survey in January/February 2017 (Decision Resource Group, 2017). With the support of UNDP, the National Human Rights Commission of Bangladesh conducted a baseline survey about people's awareness. The study's main objective was to determine the level of awareness and understanding of human rights. Through a strategic plan, the Commission wanted to devise a training/capacity-building program around awareness and advocacy. The Commission designed a tool and collected the data through a survey, and after completion, a comprehensive report was prepared. (National Human Rights Commission, n.d.)
Other research studies have also been conducted to gauge the awareness and attitude of human rights worldwide. All these studies used partially or fully the international framework of human rights keeping in view their scope and target of the study and population. Before proceeding further and designing the tool for Pakistani youth to collect the data, it is imperative to describe the Human rights framework of Pakistan. This framework will enable the researcher to develop the tool to study the effectiveness of the human rights framework of Pakistan.
Promulgation of the Objectives Resolution in March 1949 set basic thematic areas for human rights and ground regarding future development towards human rights in the country. The Resolution proclaimed basic principles & human rights. Afterwards, the Constitutions of 1956, 1962, and 1973 ensured the provision of human rights elements in the basic and legal documents of the country. The 1973 Constitution is the current functional Constitution of Pakistan. It’s Chapter on Fundamental Rights (Articles 8-28) and Principles of Policy (Articles 31-40) declared explicitly to obligate the State organs the insurance of basic rights to its citizens (Khan, 2013). The government has facilitated the people of Pakistan through comprehensive domestic legislation. This domestic legislation covers all the areas of human rights mentioned in the Preamble, Chapter one and the chapter related to Principles of policy.
The Human Rights Framework of Pakistan includes international obligations, which come through the signature and ratification of international conventions and covenants. Pakistan is an active member of the international community and actively participates in human rights legislation and the preparation of drafts. Pakistan has signed and ratified seven out of nine international covenants and conventions of Human rights. The state of Pakistan also submits obligatory and follows up reports as per the timeline. The government of Pakistan has taken many fold policy steps/ initiatives for the effectiveness and implementation of the Human Rights Framework.
This article too, is an attempt to gauge Human Rights awareness amongst Pakistani youth, especially in Islamabad Capital Territory (ICT), through a questionnaire (Annex-I). Pakistan is a country with a youth bulge, and the population pyramid is heavily tilted toward the youth population (Pakistan Bureau of Statistics, 2022). Any public policy formation process cannot afford to ignore this most vibrant segment of the population and the statistic around it. The UN adopted a Youth and Human Rights resolution on 30th June 2016. This resolution emphasizes the importance of young people’s political participation and calls for a comprehensive youth and human rights panel. Earlier on 25th to 26th July 2013, OHCHR organized a meeting including members of United Nations treaty bodies, monitoring mechanisms and regional organizations for the protection of the rights of youth (HRESIS/RRDD/18 September 2013.) Hence, their information level and attitude depict the real picture of the demand side of human rights. A well-conceived tool was adopted and was tailor-made per the study's requirement. Considering the study's needs, a mixed (both qualitative and quantitative) research method was adopted to achieve the study objective. The qualitative method was used to understand the historical development of the modern human rights paradigm, explore the discourse of the Human Rights framework of Pakistan and analyze the implementation of the human rights framework of Pakistan through constitutional guarantees, legislative, programmatic and administrative initiatives. However, the quantitative approach was adopted by using questionnaires to collect first-hand information from the Islamabad Capital Territory (ICT) youth regarding the understanding level and attitude toward the Human Rights framework of Pakistan.
There are several types of conceptual frameworks (Jabareen Yousef, 2009), which have been identified and are being used in different types of research. In this study, a basic model of exploratory research has been used. Youth studying in universities of ICT is the population of this study. The selected age group was from 18 to 30. A list of higher study institutions was acquired from the HEC website. After obtaining the list of universities, simple random sampling was used to select the universities.
1. Quaid e Azam University Islamabad
2. NUST University, Islamabad
3. Air University, Islamabad
4. Iqra University, Islamabad
5. Bahria University, Islamabad
6. NUML University, Islamabad
After the selection of these universities, by using a convenient sampling technique, data was collected from the university students. The sample was taken from the selected universe. Roscoe (1975) and Abramovic (1997) suggested that the sample size for such studies should be a minimum of 30 and a maximum of 500 respondents. Another simple way to calculate the sample size for a survey study is to use statistical software and calculators to obtain a suitable number for the sample. In this regard, the services of Creative Research Systems have been utilized; they have given online services (www.surveysystem.com/about.). Its products are used in over 50 countries. By using this software, a suitable sample size of 380 was selected.
A structured questionnaire was evolved for data collection. After considering other research studies in detail about the same subject and nature (mentioned in chapter 2) on the same issue in the region and other parts of the world, a sketch of the questionnaire was constructed. In the questionnaire, four categories, starting with “Yes” and ending with “Don’t Know,” having “somewhat and No” as middle points, were used for examining awareness levels about human rights. The modified scale consisted of five categories used for evaluating attitudes about human rights regarding their importance. It was constructed by keeping in view the principles given by Gavin Henning. Before conducting the survey, brief information was given to fill the questionnaire. Finally, the tool was developed, considering the following characteristics:
- Observation
- Clarity
- Time and money, and
- Return of questionnaire
The primary data was collected from the respondents, students studying in universities of ICT. Guidelines on its use were provided to each respondent while distributing the questionnaire for data collection so that the validity of the collected data could be ensured. Later, Data has been presented in figures and the tables’ forms. Confidentiality, anonymity and privacy were ensured to all respondents, and thus their names and addresses were not mentioned anywhere.
Data Analysis and Results
Statistical Package for Social Science (SPSS) v.16. Was used for the data analysis in two sections; one is for empirical analysis and the other for descriptive analysis. The descriptive analysis basically interprets the data collected through surveys. It is useful in two ways, i.e. it explains the characteristics data and provides the description. It is important for the statistical results in descriptive form. It supports comprehending the findings of the study. To know the relationship and difference between different variables, an independent sample t-test and Pearson Product-Moment Correlation coefficients were used, and Cronbach’s Alpha test was adopted to check the Reliability; for application of the above tests, basic assumptions were considered as random sampling drew sample, the dependent variable was continuous, all the observations were independent, and the population was normally distributed.
Following are the tabulated form of information on demographic characteristics of participants. Table 1 shows results on demographic variables, and table 2 depicts the responses of participants on each statement of questionnaire to measure the nature of human rights.
Demographic Information
Table 1. Frequencies and percentages of Demographic variables
Table 1 depicts demographic characteristics of the participants of present study. Frequencies and percentages are shown for each category.
Awareness of Human Rights
Table below depicts gender-wise descriptive for each statement showing participants awareness of human rights.
The study outcome was discussed based on the data obtained through investigation and study thesis. There seems to be an insignificant difference between male and female youth in regard to awareness on the rights scale.
The International Human rights paradigm started its journey from known history, the code of Hammurabi, who was king of ancient Mesopotamia, dated back to 1754 BC. Hammurabi enacted the code, which includes the laws and human rights, almost 4000 years ago. After that, Cyrus, king of old Persia, first time in history, released the slaves, and allowed the people to decide about their religion. After these developments, the message of human rights spread to Greece, India and eventually Rome. Abrahamic religions had been the catalyst for ensuring the human rights of common people. Ten commandants of the Old Testament, “Sermon on the Mount,” and the Last Sermon of Prophet Muhammad (P.B.U.H) known as ‘Khutba, hajjatul-Wida’ and Madina Pact are the key religious texts which emphasize human rights. Modern paradigm accelerated its pace with the historical event of the Magna Carta. This contract restricted the monarch, King John of England, from exercising its power against citizens' basic human rights. Recent developments started with UDHR, followed by ICCPR & ICESCR. Bills of Rights and other important Conventions like CEDAW and CRC. These legislative regimes and other policy key players, including INGOs, International Human Rights Organizations and Social Media, draw the disciplinary boundaries of the Global Human Rights Paradigm. The Human Rights Framework of Pakistan is not a revealed document rather, it is the extension of the International Human Rights Framework in the context of Pakistan, with the convergence of Islamic connotations. The Human Rights framework of Pakistan consists of chapters on Human Rights and Principals of Policy in the Constitution. The constitutional history of Pakistan starts with the objective resolution, from the Constitution of 1956 to the Constitution of Pakistan of 1973, which clearly depicts constitutional guarantees. Domestic legislation promulgated by the Parliament of Pakistan and provincial assemblies consisting of much pro- human rights legislation has been the catalyst to translate the guarantees into acts. International Covenants, Conventions and treated signed and ratified by Pakistan as a State Party in United Nations shows its commitment as a state party before the international community. Implementation of the ratified/signed Conventions and treaties is an obligation on the part of the Islamic Republic of Pakistan within its geographical boundaries. Constitutional guarantees and domestic legislation envisaged in the Constitution of 1973 have been considered as the basic framework of this research, being core elements of the Human Rights Framework of Pakistan and widely accepted by all the stakeholders, including government, constituent parts and civil society in Pakistan.
Conclusion: The information collected from ICT youth reveals a fair percentage of Pakistani youth have read or at least known about the principle tenets of the Constitution of Pakistan, i.e. 52.7% of females and 37.1% of male respondents; there is a mix response regarding awareness level though. Information level among ICT youth regarding different basic human rights ranges from 35 to 60 with an average of 47, which shows that less than 50 percent of respondents were aware of the basic human rights available to them as Constitutional guarantees. This implies that in case of a low level of information, one cannot claim his/her right in day-to-day life, which tends to undermine the effectiveness of the Human Rights Framework. More than half of the respondents knew to some extent or did not know absolutely anything about the rights available to them under the Constitution of Pakistan. The survey report in hand is a matter of concern regarding awareness of basic human rights when it comes to the literate, semi- literate and illiterate population living in marginalized areas of Pakistan.
These results also point out that male youth have less awareness of their rights in comparison to their female counterparts, but there is an insignificant difference between male and female youth on awareness on the rights scale. These findings align with a study by Pandey (2005), suggesting that male and female youth do not have much difference in their level of awareness.
The study has succeeded to a considerable extent in finding the information level and attitude of educated ICT youth about the human rights framework of Pakistan. The study findings suggest that students generally have an average level of awareness about the human rights framework. The data greatly represents the awareness level of the most educated community in Pakistan and, thus, the overall awareness of basic human rights of the Pakistani population. Given the semi or illiterate, marginalized and disadvantaged status of its significant segment, one can comprehend this level of human rights awareness among the Pakistan population. The study implies affirmative notation to qualify the observations of the United Nations and other human rights organizations which request Pakistan to extend its Human Rights Education for its institutions and the general public, for no state party can claim the effectiveness of its Human Rights Framework with this level of information.
Strengthening the supply side by enabling legislation and signing international conventions can create a good image among the international community. However, an evolving and enabling environment for pro- human rights society is impossible without internalizing the human rights context through a formal education system, advocacy and demonstrated political will.
Recommendations: Guided by the findings of this piece of research, a few recommendations are being made for making the Human Rights Framework of Pakistan more effective for its implementation in institutions and academia.
The study reveals that the importance of the demand side of the Human Rights Framework should also be considered equally important by the state institutions.
Since the educated Youth of ICT have an average awareness level regarding the human rights framework of Pakistan, it implies that the Constitution of Pakistan, especially its chapters related to human rights and principles of policy, need to be incorporated into the syllabi and curricula at primary & secondary and higher secondary levels of education to help students understand the Human Rights Framework of Pakistan.
The whole study revealed inter alia lack of education and awareness as the single most important reason in terms of the ineffectiveness of the Human Rights Framework.
Specific recommendations to this end are,
- Institutions & Teachers need to engage male students in awareness campaigns and seminars, as they are less informed about the Human Rights Framework.
References
- Special programs and projects may be launched to create awareness about human rights among students of all levels.
- A strong positive correlation exists between awareness level and attitude about human rights. It strongly indicates the importance of information and awareness regarding human rights. Both formal and informal approaches need to be adopted to educate the youth about human rights.
- Awareness seminars and workshops need to be arranged at a large scale with the support of civil society in schools, colleagues, and universities at the community level.
- Students may be given appreciation certificates to create awareness among the population through an informal approach, and assignments may be given as term papers.
- Academia needs to conduct more research studies on human rights in different aspects and in all areas of Pakistan.
- Education authorities, both at the federal and provincial level, need to include human rights in curricula/syllabi; students' awareness about basic human rights needs to be assessed during the term and annual examinations.
Further, literature and books about Human Rights need to be disseminated on at large scale, especially in school & college library.
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About Author
Malik Hammad Ahmad, is a Director, M/o Human Rights, Govt. Of Pakistan.
Aziz Iqbal is a Deputy Director in M/o Human Rights, Govt. Of Pakistan.
Kishwar Sultana is a Head of History department, Allama Iqbal Open University, Islamabad, Pakistan
Correspondence: hammadlaang@gmail.com
