EU notes ‘issues’ in Pakistan’s GSP+ compliance, urges Islamabad to address 'shortcomings'

ISLAMABAD: The European Union on Thursday noted “issues” in Pakistan’s compliance with its commitments under the Generalised Scheme of Preferences Plus (GSP+) and cautioned that Islamabad would have to address those shortcomings to qualify under the revised GSP framework.

The caution came in the European Commission’s latest report on the implementation of the GSP over the 2023-2025 period, which said Pakistan had “been facing compliance issues with its GSP+ obligations” and had “regressed in a number of areas while positive change was limited”.

Looking ahead, the Commission said Pakistan’s continued access to the EU’s preferential trade regime would depend on tangible improvements in areas where concerns persisted.

“To ensure further GSP+ eligibility and compliance with international commitments, including in view of the revised GSP rules as of 2027, key priorities for future engagement include: ensuring accountability for human rights violations; increased efforts against torture; in prison and capital punishment reforms; reversing negative developments in relation to enforced disappearances and violations of freedom of expression,” the report emphasised.

The new preferential trade framework, which will take effect on Jan 1, 2027, requires all existing beneficiaries to reapply for the status under more stringent sustainability and governance requirements.

The report, jointly published by the European Commission and the EU High Representative for Foreign and Security Policy, is the final monitoring assessment under the existing GSP regulation and covered the period from 2023-2025.

The Commission’s assessment about Pakistan, which was given in an attached Staff Working Document, was dominated by concerns over the country’s human rights record, although it at the same time recognised a number of positive legislative measures adopted during the reporting period.

It cited the legislation establishing a National Commission for Minorities, the narrowing of the scope of the death penalty, the continuation of the de facto moratorium on executions, the adoption of implementing rules under the Anti-Torture Act, the passage of a Domestic Violence Bill for Islamabad Capital Territory and the country’s first conviction for marital rape as notable developments.

It also praised the National Commission for Human Rights for emerging as an important institution in advancing Pakistan’s human rights obligations.

However, the report observed that “most progress is of legislative and administrative nature and needs to be translated into real improvements on the ground”.

It said “significant concerns remained, generally impacting the rule of law and civil society space”, adding that “enforced disappearances and extrajudicial killings increased, without accountability for perpetrators”.

The Commission also expressed concern over the deterioration in freedom of expression, saying amendments to cybercrime, anti-terrorism and blasphemy laws had introduced vague provisions that could be used against “dissidents, human rights defenders, journalists, minorities and ordinary citizens”, exposing them to imprisonment, confiscation of assets or restrictions on foreign travel.

Media freedom, according to the report, continued to deteriorate despite the adoption of legislation for the protection of journalists, with members of the media facing intimidation, harassment, violence and strategic litigation for reporting on sensitive issues.

The report, in particular, noted that “targeted litigation (strategic lawsuits against public participation, SLAPPs) is sometimes employed to prevent journalists and lawyers from doing their work”.

“Legislation, such as the Pakistan Electronic Crimes Act (Peca) and the criminal defamation, blasphemy, sedition and counter-terrorism laws, contain vague concepts of hate speech, defamation, terrorism and false news.”

It said provisions in Peca, criminal defamation, blasphemy, sedition and counter-terrorism laws had created “a significant chilling effect on dissidents, journalists, human rights defenders and individuals belonging to ethnic or religious minorities”.

It further mentioned that recent constitutional amendments had been criticised for “further undermining judicial independence”, compounding longstanding concerns relating to fair trial guarantees and access to justice.

“Latest constitutional amendments have, however, raised concerns about the impact of such reforms on the independence of the judiciary, accountability of the military, and respect for the rule of law,” it said.

The report, which the commission said was “shaped by persistent complaints about the integrity of the 2024 electoral process, harsh measures against opposition party leaders and supporters, and further increased military influence”, also touched upon the situation of political rights.

It stated: “Political rights are negatively affected among others by abusive judicial proceedings, and detention of opposition supporters and leaders, including of a former prime minister, with concerns in terms of fair trial and detention conditions, including in relation to access to lawyers, visitors and medical assistance.”

“Military trials do not meet the requirements of ICCPR Article 14 which stipulates the right to a fair and public trial, in a court that is independent, impartial and competent, and to adequate and effective legal representation.”

The report devoted considerable attention to enforced disappearances, saying reports continued to indicate a high and growing number of cases, particularly in Balochistan and Khyber Pakhtunkhwa, while the Commission of Inquiry on Enforced Disappearances had failed to establish accountability for perpetrators. It also criticised the continued absence of legislation specifically criminalising enforced disappearances.

The European Commission also highlighted continuing discrimination against religious minorities, particularly Ahmadis, persistent violence against women and children, high numbers of out-of-school children, child marriages, child labour, prison overcrowding and concerns over the treatment of Afghan refugees returned under Pakistan’s repatriation programme.

The report, meanwhile, acknowledged Pakistan’s efforts in strengthening social protection, advancing prison reforms, introducing measures against gender based violence, expanding education initiatives and improving institutional mechanisms for the protection of human rights.

The latest assessment comes at a time when Pakistan is the largest beneficiary of the EU’s GSP+ arrangement, under which exporters enjoy preferential access to the European market in return for implementing 27 international conventions covering human rights, labour rights, environmental protection, climate action and good governance.

The Commission further underscored that the economic benefits accruing to Pakistan under the arrangement remained substantial.

EU imports from Pakistan reached €9.4 billion in 2022 before declining to €7.9bn in 2023 because of weaker European demand and recovering to €8.3bn in 2024.

The EU has remained Pakistan’s largest export destination, accounting for 28 per cent of its total exports, while textiles and clothing constituted around 70 to 76pc of Pakistani exports to the European market.

About 90pc of Pakistan’s exports to the EU remained eligible for GSP+ preferences during 2022-2024, with utilisation averaging 93pc and recovering to 95pc in 2024. According to the Commission, Pakistan benefited from approximately €732 million in tariff exemptions last year alone, equivalent to around 9pc of its exports to the European Union.

Besides human rights, the report also reviewed Pakistan’s implementation of commitments relating to labour rights, environmental protection, climate change and sustainable development.

It welcomed Pakistan’s ratification of the 2014 International Labour Organisation Protocol to the Forced Labour Convention and the expansion of labour inspection mechanisms, but said enforcement remained weak, forced labour continued to affect large numbers of workers and child labour was declining only gradually despite new provincial action plans.

The Commission also assessed Pakistan’s performance under international conventions dealing with environmental protection, climate action and sustainable development, saying these obligations, together with governance commitments, would remain subject to regular monitoring under the revised GSP framework from 2027. ...