Short title

This Act may be cited as the

Pakistan Freedom and Accountability Act

Findings

Congress finds the following: (1)Pakistan is an important and valued partner of the United States. (2)On December 10, 1948, Pakistan became one of the original signatories to, and supported the creation of, the Universal Declaration of Human Rights (UDHR). (3)On June 23, 2010, Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR). (4)Following the end of the most recent period of military rule in 2008, Pakistan completed its first peaceful transition of power between civilian governments led by different political parties in 2013, but the military continues to exert undue influence on the politics of the country. (5)During previous elections, such as the ones held in 2018, election monitors expressed concern about constraints on the freedom of expression and freedom of association and noted allegations of influence by the military-led establishment on the electoral process. (6)The Department of State’s Country Report on Human Rights Practices has often highlighted significant human rights issues in Pakistan across multiple years, including unlawful, arbitrary, and extrajudicial killings, forced disappearance and arbitrary detention by the state or its agents, the taking of political prisoners, serious restrictions on free expression and media, and substantial interference with the freedom of peaceful assembly and freedom of association. (7)On February 8, 2024, millions of Pakistanis participated in Pakistan’s most recent general election, with record numbers of women, youth, and members of religious and ethnic minority groups registered to vote Pakistan’s civil society—including women’s networks and youth groups—have continued to be resilient in their efforts to constructively engage political leaders and government institutions in more democratic, accountable, and responsive governance. (8)Pakistan’s 2024 general election was marked by allegations by credible international and local observers of interference in the electoral process, including electoral violence, intimidation, arrest of political actors, restrictions to freedom of assembly, restrictions on freedom of expression, and restrictions on access to the internet and telecommunications. (9)On February 9, 2024, the Department of State noted that it shared the assessment of observers that the election included undue restrictions on freedoms of expression, association, and peaceful assembly, condemned electoral violence as well as restrictions on the exercise of human rights and fundamental freedoms, and called for the full investigation of fraud or interference in Pakistan’s general elections. (10) In October 2024, the Government of Pakistan ratified the 26th Amendment to the Pakistani constitution, which increased political influence on the Judicial Commission of Pakistan and over the process to appoint the Chief Justice of Pakistan. (11)In November 2024, Pakistan adopted legislation extending the terms of military service chiefs for two years. (12)On December 23, 2024, the Department of State criticized the use of military courts against Pakistani civilians, noting that they lack judicial independence, transparency, and due process guarantees. (13)In August 2025, Pakistan enacted legislation to expand the powers of security and military forces to carry out preventive detentions that contravene international human rights and due process standards, including under the ICCPR. (14)An essential safeguard of democracy is civilian command and control of apolitical military and security forces, and the Constitution of Pakistan states that the Federal Government shall have control and command of the Armed Forces, and the oath taken by members of the Armed Forces swears they will uphold the Constitution and not engage in any political activities. (15)Democracy, development, rule of law, and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.

Statement of policy

Congress— (1)affirms its strong support for democracy in Pakistan, including free and fair elections reflecting the will of the people of Pakistan; (2)calls on the President and the Secretary of State to strengthen engagement with the Government of Pakistan to ensure democracy, human rights, and the rule of law are upheld; (3)urges the Government of Pakistan to uphold democratic and electoral institutions, human rights, and the rule of law, and respect the fundamental guarantees of due process, freedom of press, freedom of assembly, and freedom of speech of the people of Pakistan; and (4)condemns attempts to suppress the people of Pakistan’s participation in their democracy, including through harassment, intimidation, violence, arbitrary detention, restrictions on access to the internet and telecommunications, or any violation of their human, civil, or political rights.

Sanctions relating to undermining democracy in Pakistan

(a)

Designation of persons responsible for undermining democracy in pakistan

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report identifying— (A)any senior official or former senior official of the government, military, or security forces of Pakistan who the President determines, based on credible evidence, is responsible for gross violations of human rights; (B)any senior official or former senior official of the government, military, or security forces of Pakistan who the President determines has committed or directed gross violations of human rights associated with undermining democracy in Pakistan; and (C)any entities owned or controlled by senior officials or former senior officials of the government, military, or security forces of Pakistan identified pursuant to subparagraphs (A) and (B). (2)

Form of report

The report required under this subsection may be transmitted in classified form. (b)

Imposition of sanctions

The President may impose any or all of the sanctions described in the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note) against any or all of the foreign persons identified in the report required by subsection (a). (1)

Exception to comply with international obligations

Sanctions under paragraph (2) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (2)

Exception relating to the provision of humanitarian assistance

Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for— (A)the sale of agricultural commodities, food, medicine, or medical devices; (B)the provision of humanitarian assistance; (C)financial transactions relating to humanitarian assistance; or (D)transporting goods or services that are necessary to carry out operations relating to humanitarian assistance. (3)

Exception for intelligence, law enforcement, and national security activities

Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.

Appropriate congressional committees defined

In this Act, the term appropriate congressional committees means— (1)the Committee on Foreign Affairs of the House of Representatives; and (2)the Committee on Foreign Relations of the Senate.

Sunset

This Act shall terminate on September 30, 2030.