LAHORE: Speakers at a conference on the 8th anniversary of the landmark judgment regarding minorities’ rights regretted that implementation was largely missing.
They urged the government to attend to directives issued on June 19, 2014 by then Chief Justice Tassaduq Hussain Jillani.
According to the data sheet issued by the Centre for Social Justice (CSJ), a Supreme Court bench had conducted 28 follow-up hearings that passed 80 supplementary orders to the federal and provincial governments for implementation of seven original orders given in 2014. The orders were about establishing a national council (commission) for minorities, developing a curriculum for peace, implementing job quotas, curbing hate speech, inculcating social and religious tolerance, and penalising human rights abuses against religious minorities.
The speakers underlined that although the quality of implementation improved after the one-man-commission was constituted by the Supreme Court, yet the overall compliance is lagging far behind.
Speaking on the occasion, CSJ executive director Peter Jacob observed that the federal and provincial governments had achieved 22 per cent compliance in eight years after this verdict was passed by the apex court means that full compliance will require 24 years of wait.
He refuted the claim of the federal ministry of education before the apex court that the curricula textbooks were compliant with article 22 (1) of the Constitution of Pakistan.
Retired Justice Nasira Iqbal said: “Eight years since the passing of the jillani judgment, and we are still waiting for its implementation. It is the responsibility of the government to implement court orders and address serious issues that minorities face in Pakistan.”
She said the judgment underlined the equality of rights for all irrespective of faith, therefore, the government must develop inclusive and tolerant curricula for all as proposed in the court directives.
Advocate Saroop Ijaz stated that the findings and directives of the judgment had the potential of reforms and scope to contribute to advancing religious freedom, and building a tolerant society. Unfortunately, the federal and provincial governments failed to capitalise on this verdict to realise the equality of rights and respect for diversity in Pakistan.
Advocate Saqib Jillani remarked that the Constitution guarantees all citizens without discrimination fundamental freedoms enshrined in articles 20, 22(1) and 25, therefore, the federal and provincial governments should fulfill their constitutional responsibilities by addressing gaps in governance, and implementing proposed measures to effectively promote and protect minorities’ rights in the true spirit of the judgment.
Michelle Chaudhry, president Cecil and Iris Chaudhry Foundation, observed that the National Commission for Minorities and Taskforce on Minorities constituted through notifications and resolutions in May 2020 and June 2022 were an eyewash to portray as the full compliance with court orders, but in reality, both of these actions are in total disregard of the verdict.
The CSJ has produced three compliance assessment reports authored by Peter Jacob, studying gaps in the implementation of court orders i.e. “When Compliance Fails Justice”, “A Long Wait for Justice” and “Justice Yet Afar”, published in 2016, 2019 and 2021, respectively.
Published in Dawn, June 20th, 2022
