KATHMANDU, Nepal (11 September 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) strongly condemns the Government of Pakistan’s recent enactment of the Peaceful Assembly and Public Order Act of 2024.

The swiftly passed legislation represents a clear infringement on the right to freedom of peaceful assembly, as enshrined in Article 16 of the 1973 Constitution of Pakistan and Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a state party.

How the law threatens the right to peaceful protest

On 2 September 2024, the Peaceful Assembly and Public Order Bill was introduced in the Senate and was hurriedly pushed through the legislative process, with the Senate Standing Committee approving it the next day.

Despite objections from the opposition, the bill was passed both by the Senate and National Assembly in a matter of days. By 8 September 2024, presidential assent was obtained in undue haste, raising concerns about procedural fairness and the credibility of the legislative process.

Although the new law applies only to Islamabad, it sets a dangerous precedent for the rest of the country, threatening to normalize the criminalization of peaceful protests.

The timing of the law’s introduction is particularly concerning. It comes just a week before a planned rally by the opposition party, Pakistan Tehreek-e-Insaf in Islamabad. The law has been introduced amid a wave of protests not just by the opposition but also by civil society groups, trade unions, religious organizations, and even government employees.

This new law drastically expands the power of authorities to restrict or ban public assemblies–defined as a public or political gathering of more than 15 people–under vague and overly broad criteria, such as the “disruption of daily activities.” Such language grants the state excessive power to limit assemblies on arbitrary grounds.

Under the law, the maximum penalty for participating in “unlawful assemblies” is increased from six months to three years or more, with repeat offenders facing sentences of up to ten years. This poses a severe risk of criminalizing dissent.

Event coordinators are required to submit a written application to the district magistrate at least seven days before the gathering, who must then assess the situation and obtain security clearance before granting permission.

The law also allows for the designation of “red zones” or “high-security zones,” where assemblies are prohibited. Even with permission, the police have the authority to disperse gatherings at any time.

Call to action

FORUM-ASIA calls upon the Government of Pakistan to immediately repeal the Peaceful Assembly and Public Order Act 2024 as it is in direct contravention of the country’s international human rights obligations, particularly those under the ICCPR.

“Through vague language and the pretext of public order, this new law could further erode civic freedoms and silence dissent. In recent years, FORUM-ASIA has documented a systematic dismantling of civic space in Pakistan, with targeted attacks on the fundamental freedoms of expression and peaceful assembly. This legislation deepens the risk of entrenching repression and the weaponization of laws to silence dissenting voices,” said Mary Aileen, Executive Director, FORUM-ASIA.

“FORUM-ASIA urges Pakistan to respect and uphold people’s fundamental freedoms of peaceful assembly, association, and expression. Rather than resorting to repressive legal measures that further shrink civic space, the government must work towards creating a conducive environment that allows for legitimate political dissent,” Bacalso stressed.

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About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

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• Communication and Media Programme, FORUM-ASIA, [email protected]