Gail Davidson, at the Seventh Session of the Human Rights Council

Mme High Commissioner: 

Lawyers Rights Watch Canada acknowledges the importance of your work as High Commissioner of Human Rights to strengthen and support independent judiciaries around the world. 

People in Pakistan also recognize that an independent judiciary is the foundation upon which the rule of law depends. 

Millions of people in Pakistan, led by lawyers and inspired by judges, have, during the past 12 months risked their freedom and their lives to publicly advocate for the rule of law and to secure access, through an independent judiciary, to peaceful legal means of resolving disputes, protecting rights and restricting state power. They have resoundingly rejected the legitimacy of state officials-whether elected, self-appointed or acting at the behest of foreign advisor- displacing and violating law in the name of security. The people of Pakistan have opted for judicial independence and the rule of law.  

In November 2007 you publicly criticized both the imposition of emergency measures in Pakistan and the suspension of judges.  You urged the Musharraf regime to restore judicial independence prior to the election noting that an independent judiciary was as important as a free election. Instead over two thirds of the superior court judges were removed from office for refusing to compromise their independence. Many of them were place under arrest. Four months later, the Chief Justice of the Supreme Court of Pakistan remains under house arrest. 

As you know, the November 3rd Proclamation of Emergency by President Musharraf in Pakistan was illegal by all applicable laws and standards: the Constitution of the Islamic Republic of Pakistan, international human rights law binding on Pakistan and UN standards for States of Emergency.  Under Emergency Measures, the president granted himself the power to amend the Constitution. Those amendments, which survive the revocation of the emergency measures, destroy the rule of law by, in part, outlawing judicial independence. 

Lawyers Rights Watch Canada calls on the OHCHR and the Human Rights Council to recommend and monitor the restoration of the independent judiciary and the Constitution in Pakistan.

LRWC’s statement to the Human Rights Council has been endorsed by thirteen NGOs around the world representing thousands of lawyers.

Just as Pakistan lawyers and citizens are united across political and ethnic differences to advocate peacefully for restoration of an independent judiciary and of the Constitution, so  NGOs from around the world now speak with one voice to urge the OHCHR to act to ensure that these two issues in Pakistan are resolved peacefully and in accordance with the UDHR.  This would appropriately honour both the prominence you have given to the core issue of judicial independence and the 60th anniversary of the UDHR. 

We seek you advice as to how LRWC and the 13 NGO endorsing our call for justice in Pakistan, can assist the OHHR to help achieve this goal sought by so many. 

Thank you for your contributions as United Nations High Commissioner of Human Rights. We hope that your successor continues the work started by you to strengthen judicial independence by providing support for judicial independence in Pakistan. 

As a Canadian NGO, LRWC is particularly proud of your record as the world’s most prominent human rights advocate. 

We hope your work to support and strengthen judicial independence will continue and will result in assisting the peaceful restoration of an independent judiciary in Pakistan.

Contact:  Gail Davidson
Tel:  1-778 928 0209 or   
Email: lrwc@portal.ca   
Website: www.lrwc.org   

Recommend this article...

Did you enjoy this article? Please bookmark it onto:

Be first to comment this article

Write Comment

Please keep the topic of messages relevant to the subject of the article. Personal verbal attacks will be deleted. Please don't use comments to plug your web site. Such material will be removed. Just ensure to *Refresh* your browser for a new security code to be displayed prior to clicking on the 'Send' button. Keep in mind that the above process only applies if you simply entered the wrong security code.
Name:
E-mail
Homepage
Title:
BBCode:
Comment:
Code:*
	I wish to be contacted by email regarding additional comments

Powered by AkoComment Tweaked Special Edition v.1.4.4