The political instability in Pakistan is not unsurprising. However, the recent draconian crackdown on the protests in the capital, Islamabad, raises serious concerns and outcries. The Public Order Act enacted in October 2024 calls to question the morality and legality of infringing the right to freedom of peaceful assembly.
The Public Order and Peaceful Assembly Act came into force on September 6th, 2024. Despite outcry from the opposition parties, the bill was rushed through the National Assembly and granted assent by the President. The Government of Pakistan showed inordinate speed in ensuring the bill was passed by both houses of Parliament within a week.
This new legislation dangerously attacks the freedom of assembly protected by Article 16 of the Constitution. The Act is exclusively applicable to the capital, Islamabad. The Act imposes restrictions on public, religious, or political gatherings of more than fifteen persons without express permission from the District Magistrate. It increases the powers of the District Magistrate to impose a ban on assemblies if deemed to pose “a risk to national security or public safety”, “substantial risk of violence or public disorder”, or to “disrupt daily activities of the community” (s. 5). The District Magistrate, prior to granting permission, shall examine the prevailing law and order situation and obtain security clearance from law enforcement agencies leaving unfettered discretion at the hands of the Magistrate (s.4). The Act further authorises the Government to designate a specific area of Islamabad as a ‘red zone’ or ‘high security zone’, prohibiting all types of assemblies in that area resulting in a blanket rule effect banning all forms of gatherings (s. 4(8)).
Further, the Act sets a high threshold for maximum penalties (s. 8). It creates an offence punishable by imprisonment up to three years, or a fine, or both. Upon being convicted under this Act, for every subsequent offence, it allows imprisonment for a term that may extend to ten years. The maximum penalties brought by the Act allow an increase from the previous penalty of 6 months imprisonment.
These wide and draconian laws undermine and infringe upon the basic guarantee of the freedom of peaceful assembly, as reported by Amnesty International. Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010 and continues to be a state party. Article 21 of the ICCPR protects the right to peaceful assembly with reasonable restrictions necessary in a democratic society. However, this recent Act is deemed as a tactic to suppress expression and assembly due to the political unrest generated upon the arrest of the former Prime Minister and founder of the political party Pakistan Tehreek-e-Insaf (PTI), Imran Khan.
The history of protests in Pakistan has been notorious. Protestors have been met with harassment and intimidation in annual women’s marches and the recent politically motivated protests and rallies by PTI supporters. The deadly crackdown that occurred in November 2024 including harsh policing and detention of protestors requires an urgent and objective investigation. However, the Public Order and Act sets a chilling precedent within the country, suppressing the guaranteed right to peaceful assembly.