NHRI in Pakistan A Work in Progress Presentation by PODA-Pakistan For 6 th ANNI meeting – March 2013 Thailand

Legal Status of a National Human Rights Institution in Pakistan as of March 2013 ▪National Commission for Human Rights Act, 2012 was approved by the Parliament on May 4 th and signed by the President of Pakistan on 30 th May 2012 ▪Statement of Objects and Reasons of the ACT are noted as: ▪i) fulfill international obligation to establish a National Human Rights Commission ▪ii) constituted to “serve as driving force for negating propaganda of Human Rights violations in Pakistan.” ▪A Parliamentary Committee on NCHR has been set up to oversee the formation process

Commission Structure ▪9 Members ▪Chairperson: Individual “who has been, or is qualified to be, a judge of the Supreme Court or a person having demonstrable knowledge of, or practical experience in, matters relating to human rights” ▪5 Members (1 from each province + 1 ICT): “also having demonstrable knowledge of, or practical experience in, matters relating to human rights” ▪2 Reserved Seats for Women (1 Chairperson of NCSW + 1 Nominee) ▪1 Reserved Seat for Minority Communities ▪Secretary (appointed by commission)

Commission Member Selection Process Public call for nominees Nominees scrutinized by Ministry of Human Rights Nominees list given to PM and Leader of Opposition Shortlisting of 3 names for each post Shortlist sent to Parliamentary committee (4 members – 2 Government, 2 Opposition)Names sent to President for appointment

Functions of the Commission ▪Can take Suo-moto or petition against violations or negligence in prevention of violation (by a public servant) ▪Is Authorized to intervene in any proceeding and become party to any case ▪Commission members or authorized person may visit places of detention or where government institutions and agencies detain individuals ▪Advisory role ▪Research human rights ▪Publish independent report ▪Develop a National Plan of Action for promotion and protection of human rights

Powers and Procedures ▪All inquiry powers of civil court as under Pakistan Penal Code ▪Based in Islamabad (Can set up regional offices) ▪Call upon governments (federal and provincial) and authorities for reports or information relating to an inquiry or requisition them for investigation ▪Can constitute advisory committees of activists, CSOs, lawyers, press, etc. ▪4 year terms (renewable for another term) ▪Removal procedure of members same as judges

Flaws and Criticism ▪NHRC in Pakistan unable to investigate allegations against armed forces and intelligence agencies: “functions of the commission do not include inquiring into the act or practice of intelligence agencies.” (Section 15) ▪Forum Asia and Pakistani NGOs reaction: “we are apprehensive that the enabling legislation for the National Commission for Human Rights (NCHR) of May 2012 falls short of international standards. We urge the government to revisit section 15 of the Act to ensure that NCHR is mandated over the full law enforcement apparatus of the country, including intelligence agencies.” ▪ANNI, HRW criticized bill for this saying it is contrary to Paris Principles. HRW urged president not to sign it ▪“…a commission that cannot take on cases involving the army and intelligence agencies would perpetuate a cruel joke on Pakistanis whose rights have been violated.” (Brad Adams, HRW)

Criticism (cont’d) ▪Doubts over government’s commitment to improving human rights: simply fulfilling international obligations ▪Pakistani human rights groups objection over role of the Commission to review country reports to Human Rights Committees for UN treaties ratified by Pakistan ▪Questions over efficacy of commission: “In fact, the government has turned a blind eye time and time again to the arrogance of the police and armed forces in their blatant refusal to comply with the orders of the courts. Despite the fact that the higher courts are independent, the officers of these institutions regularly fail to attend hearings…This Commission is likely to prove a futile exercise and place more burdens on the exchequer.” (Asian Human Rights Commission) ▪Lack of explicit inclusion of civil society in selection process: “the draft bill is silent on the explicit role of the civil society to contribute in the selection procedure as manifested in the UN Paris Principles.” (ANNI)

Current Status ▪No major action taken by Parliamentary Committee since signing of ACT in 2012 ▪Ministry of Human Rights is acting as secretariat of the Commission. It has advertised call for nomination of commission members, short listed and has a list of short-listed nominees. ▪However, parliament has completed its term and a caretaker set-up will be in place until after May 2013 election and set-up of new government that may take two or more months (Aug 2013 ?)

Future and Strategies ▪Future progress on NCHR depends on: ▪Smooth national elections and transition of power in Pakistan ▪Lobby for speedy appointments to parliamentary committee ▪Willingness of new government to pursue human rights issues (political orientation of government) ▪Pakistani Civil Society pressure ▪Regional and International mechanism pressure ▪Training of Pakistani civil society on NHRI and its importance ▪Training of media about NHRI and media role as a watchdog

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