ISLAMABAD: Amnesty International said on Tuesday a new law passed by Pakistan’s parliament to “regulate” public gatherings in the federal capital threatened the “right to protest.”
Amnesty’s statement came as a number of parliamentarians from the Pakistan Tehreek-e-Insaf (PTI) party of jailed former Prime Minister Imran Khan were detained in late night arrests in Islamabad over charges of violating the new Peaceful Assembly and Public Order Act 2024.
The law, which was passed last week, aims to “regulate” holding public gatherings in Islamabad, including by specifying timings for rallies and designating specific areas. The law has set three-year jail terms for participants of ‘illegal’ assemblies, with ten-year imprisonment for repeat offenders.
“The Peaceful Assembly and Public Order Act 2024 is yet another attack on the right to freedom of peaceful assembly in Pakistan which has a long history of enacting draconian legislation to criminalize peaceful protest and suppress the expression of dissent,” Babu Ram Pant, Deputy Regional Director for South Asia at Amnesty International, said.
“The law expands the power of the authorities to restrict or ban assemblies in Islamabad on overbroad grounds, including the ‘disruption of daily activities’, and significantly increases the maximum penalty for taking part in an ‘unlawful assembly’ from six months to three years imprisonment.”
Pant said the law has created a “chilling effect” in the capital and also set a “dangerous precedent” that could be replicated by provincial governments across the country.
“Those potentially impacted by such laws – including civil society groups, activists and political opponents – must be consulted in a timely manner during any legislative drafting process. It is also critical that the right to peacefully assemble within sight and sound of government buildings and politically symbolic locations is preserved,” Pant added.
“The Pakistan government must immediately repeal the Peaceful Assembly and Public Order Act and amend other laws that allow for blanket bans on assemblies and impose restrictive requirements which are in flagrant violation of the country’s international human rights obligations. Any restrictions must strictly comply with the principles of legality, necessity and proportionality.”
The copy of the law says in order to maintain and preserve public peace and public order, “it is necessary to regulate holding of peaceful assembly in order to protect the fundamental rights of other citizens and to preserve public and private property and to ensure that daily lives of the citizens are not hindered and public functionaries are able to perform their duties smoothly.”
The law defines assembly as any public or political gathering, rally or sit-in of more than 15 people on a public road, public place or any premises wholly or partly open air.
Speaking in Senate when the law was passed last week, Irfan Siddiqui of the ruling Pakistan Muslim League-Nawaz (PML-N) party who moved the bill, said protesters and participants of public gatherings in Islamabad had in the past held the capital city of over 2.5 million people hostage and the legislation was aimed at protecting the fundamental rights of citizens.
“We are regulating it, we are not banning any peaceful assembly,” Siddiqui said on the floor of the upper house.