EC says freedom of expression under threat

The European Commission (EC) in its biennial report 2018-19 on the Generalized Scheme of Preferences (GSP) has asserted that freedom of expression including in media is under threat in Pakistan. According to the report, the EU has serious concerns in some areas. For example, freedom of civil society to operate ('civil society space') is shrinking notably in Pakistan, including media freedom. Calls to start re-implementing existing capital punishment laws have become louder. Most beneficiaries face challenges when it comes to freedom of association.

There has been a serious deterioration of media freedom in Pakistan, a trend that began in the run up to the general election in 2018. A draft proposal by the government to establish media tribunals has not been pursued. Materialisation of these tribunals would be a worrisome development. National security is widely used as a pretext for cracking down on freedom of expression. The increasing pressure by security forces, with the tacit approval of the government, on those with dissenting views, including media representatives and human rights defenders, is worrying. Critical opinions of the armed forces are especially taboo, as well as topics considered to be of high security and strategic interest, e.g. the China-Pakistan Economic Corridor (CPEC). Intimidation tactics are diverse, sometimes extending to family members and in the case of media often lead to self-censorship by journalists and publishers to be able to continue to function.

Efforts to strengthen the anti-corruption framework include enhancing capacity.

However, salient draft legislation on enforced disappearances and labour rights has not progressed. An Anti-Torture Bill (2019) was submitted in the parliament but decision-making is delayed. The trend is negative when it comes to space for civil society and voices of dissent, with a high level of impunity for perpetrators of crimes against journalists.

The broad and vague grounds for cancellation of the registration of 20 (of which 17 appealed) out of 144 international non-governmental organisations (INGOs) remains a serious concern. The drive against corruption is high on the agenda of the government and National Accountability Bureau (NAB) is being widely criticised by the opposition for 'nabbing' the opposition parties only and going slow on cases against the Government. In fact, the majority of complaint investigations are towards opposition leaders. Very few cases of the ruling party Ministers and politicians have been pursued since the 2018 elections, which is considered to be a reflection of NAB's partiality. The leadership of the two main political parties as well as the second tier (former ministers) are in prison mostly for interrogations. The opposition leader in the National Assembly and former Chief Minister of the Punjab province has also been in custody for charges against corruption and is on bail now. The opposition parties have expressed intention to do away with the accountability laws once they come into power.

As for the accountability drive, the government must give more confidence and autonomy to the NAB, which should follow accountability for all in its actions. At present, it is widely being criticised for partiality by mostly taking up cases against the opposition parties.

Several strategic deficiencies have been identified in the regime for the prevention of money laundering and terrorist financing, leading to Pakistan's inclusion on the grey list of the Financial Action Task Force (FATF) in 2018 and consequently on the EU list of high risk third countries. Pakistan has made a high-level political commitment in June 2018 to address these deficiencies by the implementation of an FATF Action Plan. The FATF plenary in October 2019 granted an extension period for the implementation of outstanding FATF commitments of Pakistan until February 2020.

During the 2018-2019 reporting period, the European Commission services and the European External Action Service (EEAS) conducted monitoring mission in Pakistan. The report says that Pakistan is debating whether to cut the number of crimes that carry the death penalty. It has meanwhile cut the number of executions and reformed the procedure for mercy petitions.

The European Commission has also expressed its concern on treatment with the international Non-Governmental Organisations (NGOs). In Pakistan, a number of international NGOs are being expelled, with implications also for the freedom of those bodies still in the country. Freedom of expression, including in the media, is under threat.

According to the World Bank, Pakistan's economic growth is expected to decelerate in 2019 and 2020, with a projected annual growth of around 3%. This follows a period of recovery in the period 2016-2018, which culminated in a 5.8% annual GDP growth in 2018. From 2008 to 2018, EU imports from Pakistan almost doubled from € 3.6 to € 6.8 billion. The growth of imports from Pakistan was particularly fast following the award of GSP+ to Pakistan in January 2014, with a 30% increase between 2014 and 2016. The growth of Pakistan exports to the EU have since slowed down, but the country continues to enjoy a trade surplus with the EU (€1.2 billion in 2018). The EU is Pakistan's first export destination absorbing over a third (34%) of Pakistan's total exports to the world in 2018, followed by the USA (16%), China (8%) and Afghanistan (5%). The EU is Pakistan's third largest source of imports, after China (23%) and the UAE (14%), accounting for around 9% of the total in 2018.

While there has been progress in GSP+ beneficiaries' effective implementation of the 27 conventions, the EU also noted significant challenges during the 2017-2018 monitoring period.

The European Commission has noted that Pakistan is making some progress on adopting laws on protecting women's and children's rights; eliminating honour killings; protecting transgender persons; protecting the environment; and good governance. In the fight on drugs, Pakistan leads a United Nations initiative on education and was removed from the list of countries producing cannabis resin; A national Child Labour Survey was launched, and implementation of the National Action Plan on Human Rights has started.

The INSPIRED+ Pakistan project focused on enhancing the socio-economic rights of women working in agriculture in the Punjab.

The current GSP Regulation will expire on 31 December 2023. To allow businesses and beneficiaries to adapt to a new regulation, the Commission has already launched the preparations for the new regulation. The new regulation will continue to pursue the same policy objectives of fostering the sustainable economic, social and environmental development of beneficiary countries, including the respect for good governance and human rights, with the primary goal of eradicating poverty. Public consultations will be undertaken in the first quarter of 2020.

According to a press release issued by the European Commission in Pakistan the report is accompanied by an assessment of the GSP+ regime granted to Pakistan. The report will be debated and subject to a dedicated resolution by the European Parliament later this month.

The GSP+ is the EU's trade preference programme for vulnerable developing countries. It grants full removal of tariffs on over 66 per cent of product categories for exports to the EU. The status is based on effective implementation of 27 international conventions on human and labour rights, environment protection and good governance.

High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission Josep Borrell said: "trade is one of the crucial tools the EU has at hand to address, support and improve human rights, labour rights and good governance, which are pillars of sustainable development, around the world."

Androulla Kaminara, Ambassador of the European Union to Pakistan, said: "Pakistan has greatly benefited from the GSP+ status. But there is potential for much more, if the export base is diversified and broadened."