Views expressed by the State under review on the outcome and concluding remarks

4. Views expressed by the State under review
on the outcome and concluding remarks

789. The Republic of Korea noted that many of the comments made by the speakers, including on the issue of migrant workers and the National Security Law, were already dealt with in the report of the Working Group and responses were provided either in its written responses or in its opening statement.

790. The Republic of Korea reaffirmed that the National Security Law should not be misused or interpreted arbitrarily and that the Constitutional Court has formulated strict criteria regarding the interpretation of the law to prevent abuse and to ascertain the constitutionality of its application. Moreover, it noted that the Ministry of Justice and the Prosecutor’s Office are making efforts to apply the law prudently and in accordance with the constitutional jurisprudence.

791. Lastly, the Republic of Korea pointed out that the review was an opportunity to take stock of a specific country human rights situation and that a broad consultative process at the preparation stage of the national report contributes to identify what the State under review should do for the cause of human rights. It further noted that interaction between all relevant stakeholders will be inevitable and critical for the follow-up process. The Republic of Korea stated that this is one of the good reasons to be optimistic and that the universal periodic review will serve to improve human rights in the long run.

792. Regarding the demonstrations presently under way in the country to which a civil society organization referred, the Republic of Korea stressed that it has always guaranteed the freedom of lawful and peaceful demonstration but noted that when demonstrators violate laws by resorting to unlawful means, it is inevitable for the Government to take measures necessary to maintaining law and order and to protect public safety.

Pakistan

794. At its 20th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Pakistan (see section C below).

795. The outcome of the review on Pakistan is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/42), together with the views of Pakistan concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/42/Add.1).

1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments

2. Views expressed by member and observer States
of the Council on the review outcome

798. Bahrain noted that Pakistan was a party to a number of human rights instruments, and that Pakistan is fully committed to fulfilling its obligations by virtue of its membership in the Council. Bahrain noted the achievements of Pakistan in the field of human rights and in pursuit of democracy, despite the daunting challenges it is facing. Bahrain welcomed the efforts made by Pakistan in the fields of education, health, rights of women, elimination of poverty and empowerment of women as well as its determination to deal with all urgent matters.

799. Canada expressed its appreciation for Pakistan’s response to the report on its review and looks forward to its final response to recommendations made by the Working Group. In particular, Canada appreciated Pakistan’s commitment to reviewing statutes that could lead to discrimination against religious minorities. Canada noted that one of its recommendations had not been accurately reflected in paragraph 106 of the report of the Working Group. The recommendation as made included a specific reference to the Quadiani, Lahori and Ahmadi religions. This is correctly reflected in paragraph 23 of the report. Canada requested that the Secretariat correct this error prior to the adoption of the report of the Working Group within the deadlines for corrections. Canada accepted the adoption of this report in plenary on the understanding that it will be corrected to accurately reflect the recommendations as made. The 2nd Amendment to the Pakistan Constitution outlaws the Ahmadi religion and the Penal Code allows for the imprisonment of members of the Quadiani, Lahori and Ahmadi religions for preaching their faith. Canada was disappointed that Pakistan had rejected its recommendations to repeal provisions of the Hudood Ordinances that criminalize non-marital consensual sex and failed to recognize marital rape. The right to liberty and the prohibition of arbitrary interference in privacy are universally recognized freedoms found in the Universal Declaration of Human Rights. Canada stated its disappointment that Pakistan rejected its recommendations to decriminalize defamation. The right to freedom of opinion and expression is a universally recognized right found in the Universal Declaration of Human Rights. Vaguely defined blasphemy laws criminalize insulting the name of the Prophet Mohammed and prescribe the death penalty in some cases. Lawyers defending those accused of blasphemy often face death threats and physical assault. Such restrictions on freedom of opinion and expression are not justifiable under the limitations on this freedom permitted under international law. Canada encouraged Pakistan to update the Council on measures taken in follow-up to these recommendations on a regular basis.

800. Morocco congratulated Pakistan for its sincerity and frankness during the review and its efforts to create a state of rule of law and fundamental rights, despite the difficulties faced. Morocco noted that Pakistan has met many challenges which are slowing down the country, such as terrorism and large flows of immigrants. Ensuring transparency in the most recent elections also reflected these efforts. Morocco was pleased to see the efforts made to protect women and children and the implementation of the right to education and health, and welcomed the efforts and reforms made along these lines. Morocco also noted with satisfaction the fact that Pakistan considers the independence of the judiciary and freedom of expression as priorities on its agenda and welcomed the availability of Pakistan to share its good experiences with others. Lastly, Morocco welcomed Pakistan’s commitment to implementing the recommendations of the Working Group, recalling that all recommendations cannot be immediately implemented and may require a medium or even longer term process to be fully implemented and enjoyed.

801. Kuwait recognized the great efforts made by Pakistan in the universal periodic review process. This showed the great interest and deep-rooted cooperation of Pakistan with all organizations dealing with human rights. Kuwait referred to the democratization process and the efforts made by the late Benazir Bhutto and her great sacrifice for democracy and basic liberties. Kuwait noted that all measures taken by Pakistan reflect its political will to uphold all rights and reinforce the role of civil society.

802. Algeria referred to Pakistan’s comments as relevant and progressive in view of the challenges Pakistan faces, especially in its fight against terrorism which has an impact on the whole world. Algeria noted that the conclusions and recommendations of the Working Group highlighted the fact that Pakistan continues its efforts to fight terrorism. Therefore it is essential that Pakistan receives adequate support from the international community and benefits from a full understanding of the country’s constraints. Algeria commended Pakistan on the progressive efforts made in the promotion and protection of human rights, its continued efforts to spearhead progress towards gender equality and development for women in the areas of education and employment, and on developments in children’s rights and its steady economic progress in its fight against poverty.

803. Indonesia noted with appreciation that many of the recommendations put forward to Pakistan during the universal periodic review had already been taken into account and measures taken to carry them out. Indonesia welcomed the fact that Pakistan has undertaken the transition to a full democracy. It commended Pakistan on the serious efforts made to develop relevant legal structures to eradicate violence against women, and encouraged Pakistan to ensure the faithful implementation of the laws adopted to combat violence against women. It also noted that there has been a positive change with regard to women and believed this would translate into a positive contribution by the office holders into an active policymaking debate on issues related to women and children. Indonesia expressed the view that Pakistan is on the right track in addressing the issue of ensuring the independence of the judiciary, through Pakistan’s elected Parliament, but that ample time may be required and that the approach therefore must be supported.

804. India stated that the national report of Pakistan to the Working Group on the Universal Periodic Review refers to the territory of the so-called “AJ&K” (para. 72) and “AJK” (para. 81). India wished to state for the record that the territory referred to is part of the Indian State of Jammu and Kashmir and is under the illegal occupation of Pakistan.