PAKISTAN-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2024) (Link)

Non-discrimination

10. Despite the provisions of the Constitution relating to non-discrimination and equality before the law, the Committee is concerned that the domestic legal framework does not provide protection against discrimination on all the grounds covered by the Covenant. It is also concerned about reports of discrimination against persons belonging to ethnic and religious minorities, including Christian, Ahmadi, Baloch, Hindu, Pashtun and Sikh minorities, as well as discrimination against women and girls, lesbian, gay, bisexual, transgender and intersex persons, and migrants, refugees and asylum-seekers (arts. 2, 3 and 26).

11. The State party should ensure that everyone enjoys the human rights enshrined in the Covenant without discrimination. In particular, it should:

(a) Adopt comprehensive legislation prohibiting discrimination, including intersectional, direct and indirect discrimination in all spheres on all grounds prohibited under the Covenant, and ensure access to effective and appropriate remedies for victims;

(b) Strengthen the monitoring and reporting of complaints of discrimination and ensure that all acts of discrimination are promptly and effectively investigated, that perpetrators are adequately sanctioned and that victims are provided with effective remedies;

(c) Adopt robust measures to effectively prevent acts of discrimination and impunity, including by providing training and awareness-raising programmes for civil servants, law enforcement bodies, the judiciary, public prosecutors and religious and community leaders and promoting respect for diversity among the general public.

 

Sexual orientation and gender identity

12. While welcoming the adoption of the Transgender Persons (Protection of Rights) Act, 2018, the Committee is concerned by the decision of the Federal Shariat Court of Islamabad in May 2023 to repeal sections 2 (1) (f) and (n) (iii), 3 and 7 of the Act, which severely limits the scope of protection of the Act. It is also concerned by reports of various legislative initiatives to introduce regressive amendments to the Act, including to remove the self-identification provision and to require intrusive medical examinations to determine gender status, to replace the term “transgender” with the term “intersex” (khunsa) and to criminalize the provision of gender-affirming healthcare. Furthermore, it is concerned about ongoing discrimination, violence, hate speech and hate crimes against lesbian, gay, bisexual, transgender and intersex persons by public and private actors, the lack of reporting by victims due to fear of reprisals and the lack of prompt and thorough investigations, leading to impunity for perpetrators. It is also concerned abouts reports that intersex children and adolescents are subjected to irreversible and invasive medical interventions. Moreover, it remains concerned that same-sex relations between consenting adults remain criminalized (arts. 2, 3, 17 and 26).

13. The State party should increase its efforts to prevent and address all forms of discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons. It should, in particular:

(a) Adopt a legal framework to explicitly prohibit and prevent discrimination, harassment, hate speech and hate crimes against lesbian, gay, bisexual, transgender and intersex persons;

(b) Uphold and strengthen the provisions of the Transgender Persons (Protection of Rights) Act, 2018, and repeal or refrain from adopting any legislative or other measures that limit the scope of protection of the Act;

(c) Ensure that all allegations of discrimination or violence motivated by the victim’s sexual orientation or gender identity are promptly and effectively investigated, that perpetrators are prosecuted and, if convicted, sanctioned with penalties commensurate with the gravity of the offence, and that victims are provided with effective access to judicial remedies, with full reparations and means of protection;

(d) Put an end to irreversible and invasive medical interventions, especially surgical operations, on intersex children who are not yet able to provide their fully informed and free consent, unless such interventions constitute an absolute medical necessity;

(e) Decriminalize same-sex consensual relations between adults.

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Concluding Observations on Report 1 (2017) (Link)

Non-discrimination

11. The Committee is concerned that the non-discrimination provisions adopted by the State party, including articles 25 to 27 of the Constitution, do not afford protection against discrimination on all the grounds prohibited under the Covenant. It is also concerned that same-sex relations between consenting adults are criminalized. While welcoming the information about progress made in the State party on the situation of intersex persons, the Committee regrets the absence of information from the delegation on effective measures to prevent and punish all forms of discriminations against lesbian, gay, bisexual, transgender and intersex persons (arts. 2, 3 and 26).

12. The State party should take all necessary measures, including the adoption of comprehensive anti-discrimination legislation, to ensure that its legal framework:

(a) Provides full and effective protection against discrimination in all spheres, including the private sphere, and prohibits direct, indirect and multiple discrimination;

(b) Includes a comprehensive list of grounds for discrimination, including colour, language, political or other opinion, national or social origin, property, disability, sexual orientation and gender identity or other status;

(c) Provides for effective remedies in cases of violation. It should also decriminalize same-sex relations between consenting adults.

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