ISLAMABAD – Pakistan on Thursday advanced one step forward to have a watchdog to check human rights violations when the National Assembly Standing Committee on Human Rights presented its report on the National Commission for Human Rights Bill 2008 in the House.
A formal bill will soon be tabled in the Parliament to give legal effect to the formation of the National Human Rights Commission in the light of committee’s recommendations. According to the bill as amended by the committee, human rights means the one’s right to live with liberty and dignity as guaranteed by the Constitution and the human rights enshrined by the international accords to which Pakistan is or shall become a party.
The bill proposes that the federal government shall constitute a commission to be known as the National Commission for Human Rights. The Commission shall have a chairperson who has been a judge of the Supreme Court or High Court preferably having knowledge and background of human rights or any other eminent person of known integrity, competence and experience. The original bill had proposed that the Commission ‘shall’ consist of four members from minorities but the committee reduced the number to two members.
The committee has also proposed that the Commission shall consist of one member from each province, FATA, Gilgit-Baltistan and Islamabad Capital Territory while the original bill lacked this condition. The Commission whose chairperson and members will be appointed by the President on the advice of the Prime Minister for three years will also have four women members in it.
The said commission can inquire into, suo-moto or on a petition by a victim or any person on his behalf over any complaint of rights violation and can also make an application to a court for becoming a party in any proceeding with the approval of the court.
The commission can also monitor jails, review laws, study treaties of the government with foreign countries, spread human rights literacy, refer investigation etc under its functions as defined by the proposed bill. The commission will also have special judicial powers granted under Code of Civil Procedure 1908 (Act V of 1908) and various sections of Pakistan Penal Code 1860.
The bill says that the Commission shall submit an annual report to the Federal Government and may at any time submit special reports on any matter which, in its, opinion, is of such urgency or importance that it should not be deferred till submission of annual report. The bill also proposes setting up of human rights courts.
“For the purpose of providing speedy trial of offences arising out of violation of human rights specified by the Federal government in consultation with the commission by notification in the Official Gazette, the Provincial Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a court of session to be Human Rights Court to try the said offences,” says the draft bill.
According to bill, the commission can constitute special investigations teams, appoint advisors and consultants, set-up NGOs advisory committees and will also enjoy powers to make rules for carrying out the purposes of the commission.
