The controversial Orange Train

Totalitarianism and safeguarding human rights

“Human rights are not only violated by terrorism, repression and assassination but also by unfair economic structures that creates huge inequalities” –Pope Francis I

Lawyers sometimes consider ‘human rights’ a comprehensive term, referring to the detailed covenants of accepted national and international human rights law. However, human rights have been widely accepted and acknowledged by states, most of whom have them codified in their national constitutions, guaranteeing these basic rights.

The ongoing mega public transport project “Orange Metro Train” is the reason for several sit-ins outside the Punjab Assembly, wide protests on the Mall Road and fiery mobs on the construction sites. The issue at hand isn’t about whether this project should be halted completely or not, but to understand its legality.

A division bench of Lahore High Court has issued a stay order on Thursday against the construction work for the Orange Metro Train project within 200 feet of historical heritage sites along its routes. Some of these sites are registered national sites. Pakistan being a signatory to The Convention on the Protection of the World Cultural and Natural Heritage 1972 and hence is under an obligation to preserve not only the recognised World Heritage Sites but also the National Heritage Sites. Moreover, the Antiquities Act 1975 states that no new encroachments can be constructed within 200 feet radius, further asserting the same notion. The issue of enforcement of law has come into play especially when the government itself is the violator.

The Punjab government cannot disregard the international obligations and argue on the pretext of state sovereignty or the greater good of the people. The order of the High Court was issued on a petition moved by several activists before adjourning the hearing till February 4^th. The counsel for the petitioners claimed the government had transferred a Director General of the Archeology Department to ensure the approval of this particular project. This project not only infringes cultural rights but also several other human rights at the same time. The wide ranging cultural rights are often overlooked by governments while enforcing international instruments particularly International Covenant on Economic, Social and Cultural Rights (ICESCR).

UNESCO exhibited some concerns regarding the construction of this project and demanded that the government report to them satisfying that the heritage sites won’t be harmed in any way possible. Pressure has now started building up on the government with the two UN Special Rapporteurs issuing statements to halt the construction on the basis of forced evictions and the preservation of cultural heritage sites. Opposition and other political parties have also joined the club in widely condemning this project and the government on forced evictions.

“Lahore residents have been forced to vacate their homes and businesses with little to no notice, receiving in some cases only verbal information within days of demolition,” noted the UN Special Rapporteur on the right to adequate housing, Leilani Farha. She also expressed concern about the lack of resettlement and compensation schemes for people who have lost their homes, “Many of the residents simply do not have the means to find alternative housing. This project is creating homelessness amongst an already vulnerable population,” she warned.

Ms Karima Bennoune, UN Special Rapporteur in the field of cultural rights pointed out her reservations regarding this project and how it infringes the cultural rights of the people of Pakistan.

These forced evictions amount to a blatant violation of several domestic and international and constitutional frameworks that deal with forced eviction, including the 1966 International Covenant on Civil and Political Rights (ICCPR). ICCPR which is considered the most important human rights treaty (to which Pakistan is a signatory to, thus, making it enforceable) has universal jurisdiction. Moreover, Pakistan’s constitution safeguards the right to shelter alongside the 2001 National Housing Policy, which needs to be upheld by state institutions.

The Pakistani authorities must take all necessary steps to secure the right to an adequate standard of living, including housing and cultural rights as defined in international human rights laws and standards recognised by the country, and to halt all ongoing demolition and construction works that do not meet these standards,” they said.

Pakistan, being a signatory to several Human rights international treaties and instruments, is under an obligation to uphold these rights which subsequently have been codified in the constitution of Pakistan. In practice, the bulk of human rights law operates to oblige a state to refrain from causing ‘harm’ to its own nationals or other persons within its territorial jurisdiction. Such obligations are not limited in scope to outlawry of physical harm but can encompass obligations seeking to prevent a denial of economic, social, legal or intellectual rights. By far, the greatest impact of the human rights law has been to erode the absolute control which a state once exercised over its nationals, and it is one of the most significant achievements of international law that a state may now be internationally responsible for the acts done in its own territory to its own citizens.

The onus lies on the Punjab government to not only satisfy the masses, who have been forced to protest, but also the international community which has taken notice of the human rights violations being done at a large scale by the government itself. It has also put the burden on the courts to issue a neutral judgment, which in theory, if not in practice, seems to be complying with international laws and standards. The right way to deal with this project would be if all laws are respected and safeguarded. In order to carry on with this project the respective public bodies need to be completely transparent and to legally satisfy the international community and to promptly respond to their reservations.