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  • Author: H.S. Sharif, Jafar Riaz Kataria
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
  • Topic: Human Rights, Governance, Culture, Freedom of Expression, Rule of Law
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Tahira Jabeen
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Since the introduction of the Policy for Regulation of INGOs in Pakistan, 2015 and the draft Regulation of Foreign Contribution Act 2013-15 (RFCA),the state-civil society relationship in Pakistan has been once again in jeopardy. This paper examines the issue of regulating civil society organizations in Pakistan, considering the unique composition of Pakistani civil society, its role, and the existing legal framework while drawing on examples from the region. Based on the analysis, it is recommended that due to the importance of associational life in the development and democratization of Pakistan, civic organizations should be regulated in the light of the constitutional provisions, which consider rights to association as basic human rights.
  • Topic: Civil Society, Human Rights, Non-Governmental Organization, Regulation, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Syed Shahbaz Hussain, Ghulam Mustafa, Muhammad Imran, Adnan Nawaz
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The Kashmir issue is a primary source of resentment between India and Pakistan. It is considered the oldest issue on the schedule of the Security Council yet to be resolved. This divisive issue remained unsolved and has become the nuclear flashpoint. The peace of the South Asian region is severely contingent upon the peaceful resolution of the Kashmir dispute. It is not only the pivot of bitterness in the bilateral relation of India and Pakistan, it also a continuous threat to the regional peace in South Asia. This study critically assesses and evaluated the issue in the perspective of historical facts and current context regarding Kashmir. Chronological data presented and describe that the Kashmir issue has deteriorated the fragile security of South Asian region and remained a continuous threat of nuclear escalation in the region. Kashmir issue has severe implications for populace of Kashmir as well as for the region
  • Topic: Conflict Prevention, Security, Human Rights, Territorial Disputes
  • Political Geography: Pakistan, South Asia, India, Kashmir
  • Author: Mazhar Ali Khan
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: The question of ratification of the Rome Statute of International Criminal Court is one of the most debated questions in public international law. Because it involves strict commitment to human rights many states often see it as a hurdle to their national interests. Nevertheless a number of states have ratified the statute except a few. Pakistan is one of those states that have not ratified the Rome Statute even though it has been a party to various other treaties on human rights. This article focuses on the question why Pakistan did not ratify the statute? The article also provides recommendations how the ratification can be made possible.
  • Topic: Human Rights, International Law, Islamic State, International Community, International Criminal Court (ICC), Rome Statute, Universal Jurisdiction
  • Political Geography: Pakistan, South Asia, Global Focus
  • Author: Sajad Rasool, Zahid Anwar
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: This article focuses on internal displacement of the tribal people from North Waziristan Agency in the wake of military operation called Zarb-e-Azb. It takes Abharam Maslow’s model of hierarch of needs for analyzing the life of IDPs in camps. We argue that the institutions responsible for taking care of the camps tried their best to cope with the situation nevertheless, keeping in view Maslow’s model of hierarchy of needs, the IDPs faced difficulties to overcome their biological and psychological trauma.
  • Topic: Human Rights, Displacement, Trauma
  • Political Geography: Pakistan, Afghanistan, South Asia
  • Author: Satnam Singh Deol, Amandeep Kaur Sandhu
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
  • Topic: Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, Violence
  • Political Geography: Pakistan, Afghanistan, South Asia, Central Asia, Punjab
  • Author: Amjad Abbas Khan, Sardar Sajid Mehmood, Mehboob Alam
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Kashmir is generally visualized by the global powers with Indian and Pakistani perspective rather than a humanitarian issue. No doubt it is a bone of contention between two countries but cannot be declared as a simple bilateral conflict because of multi-dimensional nature. Kashmiri people have been struggling for their birth right, the right of self-determination since 1948, in the light of UN Security Council‟s resolutions. This paper highlights responsibilities and the role played by global powers in the resolution of longstanding issue of Asian Sub-continent according to the UN Security Council resolutions for peace and prosperity of the region.
  • Topic: Human Rights, United Nations, Bilateral Relations, Territorial Disputes, Self Determination, Conflict
  • Political Geography: Pakistan, South Asia, India, Kashmir, Punjab
  • Author: Aman Ullah Malik
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
  • Topic: Human Rights, Elections, Freedom of Expression, Legislation, Hate Speech
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Khalid Manzoor Butt, Naeema Siddiqui
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The word 'Islamic Republic' is debatable among scholars as what meaning and role the word 'Islam' adds to the republic is still not agreed upon. Therefore, there is a need for resolving this ambiguity by explicitly defining and explaining the meaning and role of Islam in an Islamic Republic. Pakistan, too, is an Islamic Republic, which got the name 'Islamic Republic of Pakistan' for the first time in the constitution of 1956. This study intends to comprehend the mentioned issue by highlighting the similarities and differences between democracy and Islamic system of governance. In this qualitative study, iterative analysis of semi-structured interviews of ten doctorate scholars is carried out. The study comes across primary contradictions between the two systems and gives a way out for a system having characteristics of both Islam and democracy.
  • Topic: Human Rights, Islam, Religion, History, Governance, Democracy, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Abdul Majid
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: India adopted a democratic parliamentary constitution in January 1950. This constitution enumerates all fundamental civil and political rights irrespective of religion, caste, language or region. However, in practice these rights are denied to religious minorities and low caste and out caste Hindus called Dalits. The Muslims being the largest religious minority have faced more discrimination than any other minority. Their religious cultural identity has been under pressure and they are underrepresented in the parliament or state assembly. The rise of Hindu revivalist movements under the BJP has made the Muslims more vulnerable to Hindu extremism and intolerance. Pakistan has raised the issue of India’s atrocities in Kashmiri at the international level. It supports the Kashmiri struggle for political and civil rights and their right to decide on their own about their political future. The UN and the international community must restrain India from resorting to “state terrorism in Kashmir”.
  • Topic: Human Rights, Religion, United Nations, Territorial Disputes, Self Determination
  • Political Geography: Pakistan, South Asia, India, Punjab, Jammu and Kashmir
  • Author: Farhan Navid Yousaf
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: South Asia hosts almost a quarter of the world‟s population. Despite achieving consistent economic growth, the region is marked by dense poverty and human deprivation. In this article, I discuss the issue of human security and argue that governments of the region need to focus on burgeoning nontraditional security threats to promote well-being of the people and improve the quality of their lives by investing resources in human development and implementing the constitutional provisions needed to protect fundamental human rights and dignity. In order to address political-economic-social-cultural disparities and achieve prosperity, the onus is far more on the countries themselves to prioritize the human security agenda through mutual collaboration.
  • Topic: Security, Human Rights, Poverty, Regional Cooperation, Inequality, Economy
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: A. Z. Hilali
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: India’s immense diversity is unique with its pluralism based on myriad ethnic communities, cultures, religious identities and tribes. Since independence, the country failed to produce one single dominant nation’s concept because identities have not yet forged a common national outlook and its ethnic, religious, and cultural identities remains strong and quite distinctive. Moreover, the Indian federal structure seems to be failed to accommodate the expectations of diverse communities and socio-political cultures. Consequently, the federation is asymmetric with the separatist movements in many parts of the country specifically violent movements in Kashmir, Nagaland, Assam, Manipur and Mezoland which have severely challenged the country’s sovereignty. Furthermore, the insurgencies in Northeast of India and violent movements of Naxalites and Maoist have also challenged India’s territorial integrity. In the same manner the Dalits (Harijan) and minorities (Christians and Muslims), are the victims of superior Hindu caste and Hindu chauvinism. Hence it is perceived that India has lost sight of vital constitutional spirit of secularism and federalism. Further, the worst internal security situation lies on India’s unfair, unbalanced and discriminatory policies with the communities and especially with its judicial system. Nonetheless, it has proved that various socio-economic and political imperatives are not fulfilled by the ruling elites or society. Thus, ethno-religiousideological fault lines, which exist in India, have to be managed with a sense of fairness and transparent federal policies and there is no need to use forces to suppress people. In this context, India requires peaceful and development manual at the national level in order to stabilize all section of society. Without a coordinate approach, the domestic security threats will lead the country to the worst situation.
  • Topic: Human Rights, Violent Extremism, Separatism, Justice, Secularism, Federalism
  • Political Geography: South Asia, India
  • Author: Noshina Saleem, Mian Ahmad Hanan, Arooj Arshad
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: This paper focuses on the media impact on the discourse of women, children and minority rights within the context of Pakistan while also studying the difference in response generated by Males and females consumers with a sample of 455 adults taken from different private and public institutes of Pakistan. Correlational research design was employed for this research and data was collected through indigenous questionnaire. Pearson Product Moment Correlation was used to find out the relationship between the study variables. Moreover, Multiple Hierarchical regression analysis was conducted to study whether the promotion of women, children and minority rights was predicted by Media. Also moderating effect of gender was studied by conducted a SEM using path analysis through AMOS. The findings of the study revealed that awareness about women, children and minority rights was significantly predicted by mass media, controlling for the effects of demographic variables. Moreover, the results of the moderation analysis revealed the significant interaction effect of gender and media with minority. The findings highlighted that Pakistani media effectively performs its responsibilities by better providing factual information for citizens and empowerment for the disenfranchised among other roles. So, that the media consumers in Pakistan have to platforms that enable various segments of society to voice their political concerns and demands.
  • Topic: Human Rights, Mass Media, Public Opinion, Minorities, Children, Women
  • Political Geography: Pakistan, South Asia
  • Author: Abdul Majid, Mahboob Hussain
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Kashmir is the oldest and the most serious dispute between Pakistan and India. Various efforts at the bilateral and multilateral levels could not resolve this problem. The two countries have fought hot and cold wars which undermined their bilateral relations. India’s efforts to strengthen its control of Kashmir by use of force have always been questioned by Pakistan that supports Kashmiri demand for right self determination under the UN Resolution of 1948-49. This paper analysis the origins of the Kashmir dispute, its influence on Indo-Pakistan relations, and the prospects for its resolution.
  • Topic: Security, Human Rights, United Nations, Territorial Disputes
  • Political Geography: Pakistan, South Asia, India, Kashmir
  • Author: Azhar Rashid, Muhammad Arshad Watoo
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Globalization is a growing phenomenon in the contemporary times when man has become modern in its thinking, actions and evaluation. Growing awareness regarding human rights is not only bringing human into mainstream affairs being major stakeholders indirectly but also greater expectations. This reality of preservation of human rights has brought the issue into legislation to make it law as a written part of the constitution at national, regional and global level in almost all spheres. Consequently, assurance of human fundamental rights is ground reality and written part of all the constitutions of the world. Globalization has transformed the world into a global village where there are commonalities of the cultures, exchange of ideas and free economic approaches are struggling to bring consensus among the world society to protect and preserve the human rights against any violation. World has divided into two blocks global north and global south based on their economic and political capacities. Globalization phenomenon was started by global north so it augurs well for the advancement of their interests while South is less benefited because of having underdeveloped status and weaker rule of law, social, economic and political condition. There are disparities of resources between both the blocks that are why south is suffering and north is maintaining status quo. State like Pakistan being the part and parcel of global south is facing economic and political hurdles where there is no provision of basic human requirements like food, health, education, employment and socio-economic stability. Globalization is north-centered phenomenon and more beneficial for them as compare to south. Globalization has positives and negatives. On one side it is providing awareness about the human rights violations while on other side it seems unable to protect human rights violations. Human rights violation scale is growing in Pakistan where there is nationalistic economy that is anti-thesis of the globalization and free market economy of north. Moreover, weak socio-economic and political conditions in Pakistan causing deprivations and grievance are growing where a specific chunk of society is violating all norms and rules of human rights by using their economic power and social status. In comparison to internationalization of economies under the umbrella of globalization, limited weightage is given to Pakistani exports in international market as compare to exports that proves very costly with the emergence of issue balance of payment that causes severe economic implications on Pakistan economy where social and political sector already going downwards and lacking to provide basic needs of life and fundamental rights. Labor issues and forced labor menace is growing in Pakistan where there are less facilities and larger number of labor and phenomenon of brain drain is growing. Globalization is impacting Pakistan more in a negative way and less in positive way. In this phase of initial years of second decade of twenty first century, human rights violation has decreased due to constitutional protection, media campaigns, role of NGO’s but still long way to go ahead to curb the menace.
  • Topic: Development, Globalization, Human Rights, Labor Issues
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Syed Ali Raza Zaidi
  • Publication Date: 12-2015
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: The Khyber-Pakhtunkhwa government is about to pass a legislation (Police Bill 2016) to replace the colonial police law. Moreover, the provincial police administration has already taken certain measures to introduce modern information technology in the policing system. These measures were taken in the larger backdrop of provincial government’s interest in introducing egovernance in the province. In this article we discuss these measures with a focus on whether the police performance and human rights conditions have improved with them.
  • Topic: Human Rights, Governance, Reform, Police
  • Political Geography: Pakistan, South Asia
  • Author: Noreen Naseer
  • Publication Date: 12-2015
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: With these regulations, the colonial administration consolidated the long-term basis of their power and institutionalised an oppressive administrative-judicial system. For this purpose they also engaged local elites and customs. The administrative-judicial system introduced on the Northwestern border was different from the criminal and civil laws introduced elsewhere in British India. In 1947, when British colonial governance ended and the tribal areas became part of Pakistan, the oppressive colonial system of the Frontier Crimes Regulation (FCR) continued. It is still in force to the present day. In this article, I discuss the control structure of the administrative-judicial system that was imposed through these crime regulations in the FATA. I argue that these regulations are against fundamental rights prescribed in Pakistan’s Constitution of 1973 and the UN Human Rights Charter. I also highlight the plight of tribal people suffering politically, socially, and economically due to these undemocratic and discriminatory regulations, which are unduly unjustified and defended by a group of people with vested interests.
  • Topic: Crime, Human Rights, History, Law, Regulation
  • Political Geography: Pakistan, South Asia
  • Author: Isobel Coleman
  • Publication Date: 05-2010
  • Content Type: Journal Article
  • Journal: Foreign Affairs
  • Institution: Council on Foreign Relations
  • Abstract: Over the last several decades, it has become accepted wisdom that improving the status of women is one of the most critical levers of international development. When women are educated and can earn and control income, a number of good results follow: infant mortality declines, child health and nutrition improve, agricultural productivity rises, population growth slows, economies expand, and cycles of poverty are broken.
  • Topic: Development, Human Rights
  • Political Geography: Africa, South Asia, Middle East
  • Author: Alison Brysk
  • Publication Date: 01-2008
  • Content Type: Journal Article
  • Journal: The Journal of Diplomacy and International Relations
  • Institution: School of Diplomacy and International Relations, Seton Hall University
  • Abstract: Latin America is a paradoxical world leader. In the twentieth century, Latin America led the struggle for democracy—and now, Latin America leads in unjust societies that cannot fulfill the promise of universal human rights despite elections and theoretical rule of law. The “citizenship gap” between developed formal entitlements and distorted life conditions, including massive personal insecurity, is greater than in any other region. While Latin America receives the highest scores on electoral democracy and political participation in the developing world, the region has the worst record on effective rule of law, crime, and corruption except for grossly impoverished Africa and South Asia. Latin America's experience demonstrates how the rule of law can be systematically undermined by private and transnational displacement of power, as well as incomplete democratization of state institutions. The persistence of injustice demonstrates the interdependence of democratic processes in the public sphere and democratization of social relations.
  • Topic: Security, Human Rights, Developing World, Reform
  • Political Geography: Africa, South Asia, Latin America