A/HRC/43/51/Add.3 441. The Special Rapporteur thanks the Government for its thorough reply dated 17 January 2020, in relation to concerns about a draft bill to amend the National Human Rights Commission (NHRC) Act-2012, notably in regard to the apparent discretionary power held by the Attorney General over NHRC recommendations for prosecution of individuals implicated in human rights violations. The Special Rapporteur acknowledges the Government’s reply which highlights the constitutional provisions upon which the Attorney General’s discretionary powers are based in this regard. The Special Rapporteur takes note of the Government’s assurance that the bill is designed to make the NHRC more effective by removing procedural gaps in the course of implementation of its recommendations. 442. Notwithstanding this assurance, and in particular taking into account the extremely low rate of implementation of human rights related recommendations of the NHRC, the Special Rapporteur calls on the Government to ensure that the new requirements do not negatively affect the ability of victims of human rights violations, their families, and human rights defenders to access justice in Nepal. Pakistan 443. JUA 15/04/2019 Case no: PAK 2/2019 State reply: none to date Allegations concerning death threats against journalist Ms Marvi Sirmed stemming from the dissemination of fabricated accusations against her online. 444. JUA 29/05/2019 Case no: PAK 4/2019 State reply: 25/06/2019 Allegations concerning the alleged imminent risk to the life of two female human rights defenders, Ms. Gulalai Ismail and Ms Sanna Ejaz who are working on the rights of ethnic Pashtuns in Pakistan and who have received death threats. Reportedly, Ms. Gulalai Ismail has also been included on a ‘kill list’ and is facing charges linked to her human rights work. 445. JUA 26/07/2019 Case no: PAK 6/2019 State reply: 30/09/2019 Allegations concerning the detention of women’s human rights defender Ms. Gulalai Ismail, criminal legal proceedings against her, as well as the harassment of her family members and friends through house-raids, the opening of criminal proceedings against her parents, allegations of torture of her associates and the suspension of the NGO Aware Girls. 446. JAL 11/11/2019 Case no: PAK 8/2019 State reply: 09/01/2020 Allegations concerning the arbitrary detention and prosecution of Mr. Muhammad Ismail, the father of women’s human rights defender Ms. Gulalai Ismail. 447. The Rapporteur thanks the Government of Pakistan for the replies received to the four communications and he encourages the Government to fully engage with Special Procedures by responding to the questions raised in PAK 2/2019. 448. The Special Rapporteur notes with concern the lack of safe and enabling environment for women human rights defenders (WHRDs) to carry out their work in this year’s reporting period, with all four communications raising concerns for threats to WHRDs. 449. The Special Rapporteur expresses his continued concern for the safety of journalist Ms. Marvi Sirmed. A fabricated news story which was allegedly linked to Ms. Sirmed was widely distributed on social media, resulting in the woman human rights defender receiving multiple death threats and intimidations. The Special Rapporteur is further concerned about the responsiveness of the Pakistan Federal Investigative Agency, who did not acknowledge receipt of Ms. Sirmed’s complaint for over two weeks after the alleged incident was reported. The Special Rapporteur is concerned that Ms. Sirmed is being targeted as a result of her journalistic work which frequently advocates for the rights of minorities and LGBTI persons and against enforced disappearances. The Special Rapporteur encourages the Government of Pakistan to reply to this communication detailing what measures have been taken to ensure that journalists and human rights defenders can carry out their work in a safe and enabling 62

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