Fundamental rights for the citizens of Pakistan Eman Nazir (19020302) & Sarah Sarfraz (17110239)

The parliamentary institutions of Pakistan have made a lot of efforts to raise awareness for the fundamental rights of the citizenry. The efforts have not been formulated into a rights based society owing to the perpetual military rule validated through the Doctrine of Necessity. The constitution serves as a ‘social contract’. The adoption of the constitution converts a regime into a republic and changes the status of the populace to fully fledged citizens with guaranteed fundamental rights.

Historical Background The committee on fundamental rights of citizens and on matters related to minorities was the first committee created in the constituent assembly of Pakistan on 12th August 1947. The members of the constituent assembly of Pakistan (1947-1956) constitutionally codified the fundamental rights of citizens keeping in view the historical vision. The constituent assembly approved the chapter (Article 3-22) comprised of 19 justiciable fundamental rights in the constitution of Pakistan on 4th February 1956 after a three day debate and discussion.

Quaid-i-Azam Mohammad Ali Jinnah stressed upon the equality of citizenship and eradication of religious discrimination. His speech has been defined as the ‘Magna Carta’ for the country because it defined the nature and direction of the state. He highlighted the two main functions of the constituent assembly, the task of framing the constitution of Pakistan and secondly functioning as an independent body as the Federal Legislature of Pakistan. On 12th August, 1947 the constituent assembly of Pakistan adopted a resolution moved by the honorable Mr. Liaquat Ali Khan to appoint a sixteen member committee on Fundamental Rights of Citizens and Minorities of Pakistan. They were responsible for advising the assembly on fundamental rights of citizens of Pakistan and matters relating to the minorities. The president had the power to nominate not more than seven other members. The report of the committee on rules of procedure was discussed. Mr. Dhirendra Nath Dutta urged for the linguistic rights by urging to acknowledge Bengali along with English. The Objectives Resolution was presented by Liaquat Ali khan in the assembly where on the topic of fundamental rights he said that they will not be taken away and the aim is to build a liberal government where the greatest amount of liberty shall be granted. Two sub committees were created to deal separately with matters relating to fundamental rights and rights of minorities. Chairman of the committee was Mr. Tamizuddin Khan & Vice chairman Liaquat Ali Khan.

The members urged that the report should expand the fundamental rights including right to equal opportunity, right to work and right to health. But, before the draft could be approved the constituent assembly was dissolved by Ghulam Muhammad on 24th October 1954. Only 15% of the members returned in the second constituent assembly. Maulvi Tamizuddin Khan did not return and this changed the entire nature of debates on fundamental rights.

National commission for human rights (NCHR) According to law, it will provide country wide protection and promotion of human rights with a human rights court in the federal capital. President Asif Ali Zardari gave his assent on 30th May 2012. Pakistan became one of those countries with independent statutory institutions for human rights. Speaker of national assembly constituted a 4 member parliamentary committee on NCHR for the appointment of the chairperson and & members of the commission in May 2012. The first chairman of the commission is Justice (R) Ali Nawaz Chowhan. The pioneering members include, Ms. Khawar Mumtaz, Ms Anis Haroon, Mr. Ishaq Masih and others.

The main objective of the NCHR law is the “ Promotion and protection of human rights as provided for in the constitution and the various international instruments to which Pakistan is a state party or shall become a state party.” Composition Ten member body with representation of the four provinces, the Federal Capital, Federally Administered Tribal Areas (FATA), Chairperson National Commission on Status of Women, and a representative of religious minorities. At least 2 members shall be women and all members should at least be forty years of age. Restriction on the chairperson to not seek any office of profit in federal or provincial government after the completion of his term. The term for the chairperson is 4 years, extendable only once. Removal of chairperson in accordance with article 209. Terms and conditions of the chairperson and other members to be prescribed by the federal government in consultation with the commission.

The headquarters to be situated in Islamabad The headquarters to be situated in Islamabad. There is a possibility of situating head offices in other places. It may constitute an advisory committee. The advisory committee would consist of human rights activists, civil society organizations, representatives of federal and provincial governments concerned with the functions of the commission. Functions of the Commission Suo moto or on petition presented to it by the victim violation of human rights Negligence in the prevention of such violation, by a public servant. Intervene in the proceedings involving the allegation of violation of human rights It may also visit jails, or other areas of detention where convicts are being kept. Basically, to ensure that they are kept in humane conditions and their other rights are being complied with. It has the task of reviewing the safeguard provided under the constitution or any law in force for the protection of human rights. Thus, it can recommend adoption of new legislation and amendment of existing laws. It studies treaties and other international instruments on human rights and make recommendations for effective implementation Conducting research in the field of human right and maintaining a database on the number on the complaints on violence of human rights. Raising awareness through the print and electronic media about human rights and the safeguards available for their protection. Direct investigation in any incident of violation of human rights Submission of independent reports to the government on the state of human rights in Pakistan for incorporation in reports to international organizations such as the United Nations. Developing a national action plan for the promotion and protection of human rights.