The obstructionist Council

In 1980, a group of countries adopted the Hague Convention on International Child Abduction. The Convention lays down a set of rules aimed at returning children abducted and taken to another country by one parent without the knowledge or consent of the other parent or guardian. Such cases typically arise when there are court battles between estranged parents over the custody of their children. The Convention was meant to pave the way for the speedy return of a child to their “habitual place of residence” by providing an overarching legal document to be used by local courts in their decision-making. Over 90 countries around the world are signatory to this Convention and Pakistan, too, is set to become a signatory this year. The law ministry has been working for the past year to clear the way for Pakistan to become a signatory. However before finalisation, the matter was referred to the Council of Islamic Ideology (CII) for its input. The CII is an advisory body whose recommendations are not binding however, its word carries influence both on government decisions and public opinion.

The CII has now stated that it considers the Hague Convention to be in contravention of religious law and the Constitution. This is because of a clause within the Convention that allows that a child may not be returned if the fundamental freedoms and human rights as laid down by the requested state do not permit such a return. The existence of this clause is meant to protect children from being returned to dangerous or abusive circumstances that they are better off being away from. The CII’s interpretation of this matter and the recommendation not to sign the Convention is the latest in a long line of questionable decisions by this body in recent months. The body’s recommendations are increasingly at odds with the government’s stance and the public opinion. Once again, the question has arisen as to why the CII’s recommendations are sought regarding new legislation and its opinion as an unelected, advisory opinion given undue importance in matters of the state.

Published in The Express Tribune, August 6^th, 2016.

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