Pakistan's Contribution To The Drafting Of The UDHR

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Pakistan played a pivotal role in drafting the UDHR, supporting key articles on asylum, marriage, and religion while clarifying Islamic views on religious freedom, influencing global consensus in 1948.

2024-12-10T17:25:00+05:00 Nazir Ahmad

The Universal Declaration of Human Rights (UDHR), adopted on December 10, 1948, has deep historical roots. It draws from ancient documents like the Cyrus Cylinder (536 BC) and evolves through the philosophies of thinkers such as Thomas Hobbes, John Locke, Immanuel Kant, and Karl Marx. Key influences also include foundational texts like the Magna Carta (1215), the U.S. Declaration of Independence (1776), and the French Declaration of the Rights of Man (1789). The drafting process began in January 1947 and concluded with the UDHR’s adoption in December 1948.

Pakistan's involvement in the Universal Declaration of Human Rights (UDHR) began when the UN sent the Human Rights Commission's report to all governments for input. Although Pakistan initially provided no comments, it had a chance to contribute when the UDHR was discussed at the UN General Assembly's Third Committee in Paris, in September 1948. Pakistani delegates, including Mrs. Shaista Ikramullah, Mr. Shahi, and Mr. Chaudhry, actively participated in drafting discussions. Foreign Minister Mr. Zafarullah Khan played a key role in the plenary session in December 1948. 

Mrs. Shaista Ikramullah said “Her delegation fully supported the adoption of the declaration because it believed in the dignity and worth of man. It was imperative that the peoples of the world should recognise the existence of a code of civilised behavior which would apply not only in international relations but also in domestic affairs.”

Article 3 of the UDHR guarantees the right to life. The USSR proposed an amendment stating that the death penalty should be abolished in peacetime. Mrs. Shaista Ikramullah of Pakistan suggested that the abolition of the death penalty be addressed in a separate resolution for later discussion, stating Pakistan's position of abstention from voting on the USSR amendment. Pakistan did not oppose the USSR's suggestion. The USSR’s idea gained traction, and on December 15, 1989, the Second Optional Protocol to the International Covenant on Civil and Political Rights was adopted, aiming to abolish the death penalty. Pakistan has not signed this protocol to date. Nevertheless, the speech and stance Pakistan took in 1948 remain highly commendable. 

Pakistan expressed its support for Article 14, which addresses the right to asylum. Mr. Shahi stated that his delegation welcomed the recognition of the right for everyone to seek and be granted asylum, considering it an important step forward.

Pakistan supported and contributed to Article 16, which focuses on the right to marry and find a family. Mrs. Ikramullah (Pakistan) stated that this article, aimed at preventing child marriage and ensuring consent from both parties, would be accepted by all civilised nations. She emphasised that it also sought to protect women after divorce and safeguard their property rights. Mrs. Ikramullah confirmed that Pakistan's delegation was fully prepared to accept this article.

Pakistan successfully persuaded other Muslim countries to vote in favour of Article 18, despite Saudi Arabia's opposition. Without Pakistan's influence, the number of abstentions could have been higher

Pakistan played a key role in Article 18, which guarantees freedom of religion, including the right to change one's religion. While Pakistan voted in favour of the article, it opposed the phrase "this right includes freedom to change his religion." Other Muslim countries also opposed this phrase. However, In the Plenary meeting, Sir Mohammed Zafrullah Khan cleared this ambiguity from Pakistan and the Islamic point of view. In his address, he explained that in addressing this Article, which deals with freedom of conscience, including the freedom to change one's religion, the Pakistani delegation expressed some key observations. They felt that the full scope of the issue had not been fully understood when discussed in the Third Committee, particularly regarding the right to change one's religion. To clarify Pakistan's position, the representative emphasised that Pakistan firmly supported all the freedoms outlined in Article 19, including freedom of thought and belief. However, the matter had particular significance for Pakistan due to its religious context, as some aspects of the article touched on the honor of Islam.

He explained that, for Pakistan, this issue was not just a political matter but one that stemmed from the teachings of Islam. The Islamic faith, based on the teachings of the Quran, upholds the freedom of conscience and belief. The Quran, which Muslims regard as the literal word of God, explicitly states that faith cannot be compelled. As it says: “Let him who chooses to believe, believe, and he who chooses to disbelieve, disbelieve.” The Quran condemns not the lack of faith, but hypocrisy. Islam, being a missionary religion, encourages individuals to follow its teachings but also acknowledges the right of others to practice their own faith, including the right to convert.

The Pakistani delegate stressed that Islam unequivocally promotes the right to freedom of conscience and rejects any form of compulsion in religious matters. Given this context, Pakistan's delegation strongly supported Article 18 and opposed any limitations on its provisions. They voted in favour of the article, reaffirming their commitment to the principles of religious freedom as taught in Islam and embodied in the Quran. 

In summary, Pakistan successfully persuaded other Muslim countries to vote in favour of Article 18, despite Saudi Arabia's opposition. Without Pakistan's influence, the number of abstentions could have been higher. Ultimately, Pakistan and other Islamic countries, except for Saudi Arabia, voted in favour of the Universal Declaration of Human Rights, which was adopted with 48 votes in favour and 8 abstentions.

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