Pakistan stands at the precipice and the idea of harmony seems a distant dream. Over the past year, the country has witnessed unsettling crises: From Baloch separatism, Baloch activists’ disappearance and extra-judicial killings, missing persons, sectarian/religious violence, PTM banned, PTM’s grand Jirga targeted, progressive activists’ profiling, state-sponsored blasphemy politics, public frenzy against dacoits in the riverine area, militarization of education, and economy, the phenomenon of land-grabbing and corporate farming, the re-emergence of sectarianism. Policies proposed in the name of order now create further discord because repression breeds rebellion rather than order.
Current state of rule of law in Pakistan is very grave as the country has been ranked at 129th position out of 142 nations in WJP Rule of Law Index 2024 published on October 23rd this year. Regionally, Pakistan ranks 5th out of 6 countries in South Asia as the 6th country in the list was Afghanistan. The WJP Rule of Law Index sets forth some essential factors that are assessed for overall ranking and these factors need to be comprehended for better understanding of the present state of our nation and the situation we are in. There is a list of factors along with sub-factors that are assessed for ranking the countries on the basis of their performance in a particular factor domain. There are around 8 factors that are assessed including Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice and Criminal Justice.
Pakistan raked at 103rd out of 142 nations in constraints on Governmental Powers that is Factor 1 of the WJP Rule of Law Index that assesses the degree to which those who govern are bound by law. It comprises the means, both constitutional and institutional, by which the powers of the government and its officials and agents are limited and held accountable under the law. Instances of abuse of power by government and its institutions is rampant in Pakistan. Dangerous cycle of Political Victimization, senior jurists accusing intel agency ISI of intimidation and several issues regarding the governmental powers being uncontrolled or unchecked are no secret in the country.
In the factor “Absence of Corruption”, the country was ranked at 120 out of 142 nations that expresses severity of the menace of the corruption across various governmental sectors. Bribery, favoritism, and indecorous influence are some of key challenges that cause grave concerns in justice delivery, provision of public services and enforcement of laws.
The other important factor in which the country was ranked at 106th spot is Open Government and it is defined by its transparency in sharing information as well as empowering people with necessary tools that hold the government accountable. Country is facing serious challenges with transparency and even enforcement of Right to Information laws where if someone tries to seek the information from any governmental sector, they are denied their right to information like the case of missing persons where families are seeking the truth regarding their family members, or transparency in recruitment process especially by Sindh Public Service Commission where the institution has been facing serious concerns regarding the transparency in recruitment process.
Fourth important factor that is considered here is the “Fundamental Rights”, and Pakistan stood at 125th spot and there is no any shock to hearing this kind of news especially for Pakistanis. Country’s position in this particular factor is far more deleterious whether it is right to education, safe drinking water, or even life. With poverty, inflation, and unemployment increasing dramatically, Pakistan has been faced with one of the most catastrophic economic downturns in history, threatening millions of people’s rights to health, food, and a decent standard of living. The International Monetary Fund’s (IMF) perseverance on austerity and the elimination of subsidies without proper compensatory measures have been causing increased hardship for those with lower incomes. Pakistan remains extremely vulnerable to climate change, with rates of warming much surpassing the world average, making extreme weather events more frequent and violent. Being agricultural country, major portion of the population rely on agriculture and if such drastic situation of climate related dangers prevails, these people will be faced with even more damaging circumstances. Furthermore, Blasphemy-related violence against religious minorities or even Muslims, fostered in part by government persecution and discriminatory laws, have been on the rise as was the case with blasphemy accused Dr. Shahnawaz Kumbhar who died in police custody under mysterious circumstances and when the well-educated and reputable people of Sindh started a peaceful protest in the form Sindh Rawadari March, they were brutally beaten and humiliated by Sindh police. This is state of fundamental rights in Pakistan where people don’t get the fundamental rights they should be provided with like Freedom of Expression and Freedom of Religion and belief, but when they try to raise their voices for the basic rights, they are treated that way.
In “Order and Security”, the country was ranked at 140th spot that indicates alarming situation of public security, criminal activities and violence. The country is facing some serious challenges with human trafficking in the areas of forced labor and sexual exploitation specially in the industries like agriculture, fisheries and construction where debt bondage is primarily utilized to exploit victims. The US weaponry leftover has turned to the Pakistani markets from Afghan borders along with some other counter-fit products also the country has become a leading transit point of drug trafficking due to its proximity to Afghanistan. Environment related crimes have grown multifold especially the timber mafia, poaching and wildlife trafficking. Cybercrimes rates have reached maximum in previous years due to increased usage of modern gadgets. Street crimes are also increasing day by day, for example, in Karachi only 80000 crimes were reported in 2022 while in 2023 number raised to 90000 involving some heinous crimes like brutal murders, snatching, theft etc. Ratings in other factors include; Regulatory Enforcement (127/142), Civil Justice (128/142), and Criminal Justice (98/142).
Mujeeb-Ur-Rehman Khuhro
Assistant Professor and Director Students Affairs at Shaheed Zulfiqar Ali Bhutto University of Law (SZABUL) Karachi.
