Democracy Reporting International

The Government of Pakistan acceded to the UN’s International Covenant on Civil and Political Rights (ICCPR) on 23 June 2010, but entered numerous reservations to the Covenant. This paper argues that the wide-ranging reservations are incompatible with international law and recommend that the Government consider withdrawing them.

Summary

The Government of Pakistan acceded to the UN’s International Covenant on Civil and Political Rights (ICCPR) on 23 June 2010. However, while doing so, the Government entered numerous reservations to the Covenant. The reservations pertain to key provisions of the ICCPR, such as freedom of opinion, right to life and – importantly for the country’s democratic development – elections and participation in public affairs. Most reservations are not specific in scope and make ICCPR obligations subject to Pakistani law.

Pakistan’s reservations to the ICCPR are incompatible with international law. Under international law, reservations must be transparent and specific. Pakistan’s far-reaching reservations do not pass these tests, and therefore may be regarded as unlawful and inapplicable. Such reservations are damaging in undermining the application of the ICCPR in Pakistan’s legal and political practice, and may also expose Pakistan to objections from other States that are party to the treaty.

The Government of Pakistan may therefore want to consider withdrawing its reservations at the earliest opportunity, or at least making reservations specific in nature.