A comparative analysis of laws and mechanisms against enforced disappearance in Pakistan and Nepal in light of the international human rights instruments
Issued Date
2024
Copyright Date
2020
Resource Type
Language
eng
File Type
application/pdf
No. of Pages/File Size
x, 69 leaves: ill.
Access Rights
open access
Rights
ผลงานนี้เป็นลิขสิทธิ์ของมหาวิทยาลัยมหิดล ขอสงวนไว้สำหรับเพื่อการศึกษาเท่านั้น ต้องอ้างอิงแหล่งที่มา ห้ามดัดแปลงเนื้อหา และห้ามนำไปใช้เพื่อการค้า
Rights Holder(s)
Mahidol University
Bibliographic Citation
Thesis (M.A. (Human Rights and Democratisation))--Mahidol University, 2020
Suggested Citation
Ahmed, Irshad, 1980- A comparative analysis of laws and mechanisms against enforced disappearance in Pakistan and Nepal in light of the international human rights instruments. Thesis (M.A. (Human Rights and Democratisation))--Mahidol University, 2020. Retrieved from: https://repository.li.mahidol.ac.th/handle/20.500.14594/99425
Title
A comparative analysis of laws and mechanisms against enforced disappearance in Pakistan and Nepal in light of the international human rights instruments
Author(s)
Advisor(s)
Abstract
Silencing open dissent and voice against laws, policies and harmful projects at the outset of an alleged threat to national security under the 'War on Terror' in Pakistan and 'Maoist's Peoples War' in Nepal. Law enforcement agencies in both countries enforcedly disappeared hundreds of thousands of peoples and subjected them to be deprived of life, liberty and security in secret detention centres. The extent of current research "A Comparative Analysis of Laws and Mechanisms Against Enforced Disappearance in Pakistan and Nepal in the Light of International Human Rights Instruments" is an attempt to evaluate the implementation of domestic laws, policies and mechanisms towards the elimination of enforced disappearance in Pakistan and Nepal. Based on comparative analysis, this study examined the existing scholarship, reports of relevant agencies, national and international policy and legal instruments on enforced disappearance in Pakistan and Nepal. In this context, this study provides a brief analysis of the situation of enforced disappearance in both States and the current state of policy and legal practice under the recommendations of international human rights instruments given in the field of enforced disappearance. The study also reflects the factors impacting on the application of domestic legal systems and the adoption of international treaties under domestic laws and mechanisms on enforced disappearance situation in Pakistan and Nepal. Although, both States have made some progress on policy and legal actions under their domestic laws on enforced disappearance. However, the desired results against enforced disappearance are still unachieved because of the factors of lack of specific law on enforced disappearance and ratification of CED, enforcement of amenity laws, undermining judicial orders by security agencies and the lack of courts strong actions against legalized forms of impunity to the perpetrators. IMPLICATION OF THESIS. In the first instance, this research assists in understanding the factors causing significant challenges in the implementation of laws and mechanisms against enforced disappearance in both States. Secondly, policymakers, scholars, researcher and human rights policy advocacy practitioners, NGOs and international organizations can use the results of this research to understand the problems in the implementation of legal systems against forced disappearance in Pakistan and Nepal. Third, this research recommends some of the best practices and ways forward to address the challenges and gaps of laws and mechanisms, and encourage to mobilize various stakeholders to expedite the struggle against enforced disappearance in Pakistan and Nepal.
Description
Human Rights and Democratisation (Mahidol University 2020)
Degree Name
Master of Arts
Degree Level
Master's degree
Degree Department
Institute of Human Rights and Peace Studies
Degree Discipline
Human Rights and Democratisation
Degree Grantor(s)
Mahidol University