HUQOOQ-E-PAKISTAN

ANALYSIS REPORT

Policy Implementation Mechanism for the Promotion of Human

Rights Khyber Pakhtunkhwa

In Coordination with Directorate General of Human Rights, KP

Report conducted by: Binish Jamshed (Young Expert Officer )

Report assigned by: Directorate General Of Human Rights , (DGHR)

Pakistan

Report submitted on 10.08.2020. Monday

Report Submitted to Sir Masood Ahmed Secretary General of Human Righst

 Policy Development

There is a need for policy development prior to the development of

legislation. In Pakistan focus is on developing legislation and not on
comprehensive prior development of the policy which should be expressed
in a law. Resultantly, it seems that law making often appears as a substitute
for policy making. Policy development ensures thought in the
determination of exactly what is to be achieved by the legislation; how this
can be best achieved; and if legislation is necessary. Admittedly not all have
the resources at their disposal to undertake policy development, but
consideration must be given to shifting the burden onto the proposal of the
Bill to demonstrate that there has been sufficient policy development as a
condition for and prior to submitting a legislative proposal
Law has little or no value if there is no enforcement and the gap between
law on books and actual practice is reasonably narrow. There is a need to
focus on moving from formal equality on the law books towards
substantive equality i.e. in attaining actual empowerment, protection and
elimination of discrimination. The system in Pakistan has a weak
implementation and thus falls short of the ideal of rule of law . It has weak
institutions and enforcement powers, heavily politicized decision making
power, external influence on the decision makers, parallel illegal justice
systems, long delays and heavy costs of litigation, and mostly patriarchal
and biased justice system..
Pakistan Tehreek-i-Insaf-led Khyber Pakhtunkhwa government has
announced a human rights policy for the province when it is left with just
four days in power. Governments form policies when they come into
power, but the PTI government announced one touching upon issues
mostly covered in different legislations and all that was needed to be done
was the implementation .The policy may be the first to mention human
rights defenders and calls for enactment of specific laws to provide
protection to them, but the rest is just a collection of recommendations that
look like soft reminders to the very same outgoing government bound by
law already to protect rights of the people of the province.
The KP HR policy has been launched at a time when the days of the PTI
government in the province are numbered. Amid hasty inaugurations of
the under-construction development projects in the province, the launch of
a policy also seems just another point-scoring stunt as the electioneering
season is about to set in
However, an official of the Human Rights Directorate Akbar Ali Bangash
claimed it was not a ‘copy, paste’ kind of policy and formed after
consultation. It would be up to the next government whether it owned it or
not. “The government showed its commitment first by setting up a human
rights directorate and now through this policy launch too. We hope the
next government takes it seriously and implements its recommendations,”
said Mr Bangash.KP Human Rights Policy was announced at a gathering
held on Thursday. It has been prepared by the Law and Parliamentary
Affairs and Human Rights Department in collaboration with UNDP. “With
human rights violations going on every second, a policy recommendation is
just not enough,” said Radesh Singh Tony who represents Sikh religious
minority hailing from Peshawar. Amina Durani, working with a
government-run women commission, however, defended the delay in policy
formulation by the provincial government, saying policy formulations took
time. She said that it was important that for the first time looking at the
human rights situation of the province, the policy talked about protection
of human rights defenders. She also mentioned that a policy
implementation framework was not discussed.

Comparison of Khyber Pakhtunkhwa and Punjab

Both Punjab and Khyber Pakhtunkhwa human right policy primarily

focus on protection and promotion of human rights through reviewing
legislations, policies and practices in compliance with the fundamental
rights enshrined in the Constitution of Islamic Republic of Pakistan.
The policy simply suggests rigorous implementation of existing protective
legislation. It stresses for compulsory education of children aged between 5
and 16 years, implementation of anti-corporal punishment laws.
Policy of Punjab regarding child is simply suggest that Birth registration is
the most crucial and fundamental indicator of child rights where the
identity of the child is linked to the State he or she is born in. The Local
Government & Community Development Department, and the Labour &
Human Resource Department piloted integrated projects regarding birth
registration and enrolment in schools of children of brick kiln workers in
ten districts. This project to be replicated all over the Punjab.while in kpk
Awareness-raising campaigns shall be conducted targeting parents
regarding the benefit of registration which include education, health and
housing and also with the collaboration of both Nadra and local
government bodies .
Promote and strengthen legislative, administrative and institutional
complaint redressal mechanism at the provincial level for the protection of
child rights which shall be devolved to districts for effective and accessible
grievance redressal mechanisms.while such type of mechanism is not
mentioned in kpk policy .
Punjab has given the policy to Engage with donor agencies and NGOs to
build programs for the development, and protection of children while this
policy has not been given as such in kpk child priority areas and also there
is no as such policy for the mental and physical growth of a child .
Punjab human rights policy regarding women rights is very simple and
social security based they have provide such an empowerment mechanism
for woman while kpk including Business management training for women
entrepreneurs and connecting them to national/ international consumer
market ix. Enhance the use of information and communication technology
to promote women empowerment x. One Stop Holistic Platform be
established to serve women led enterprises to provide access to Finance
through commercial Banks and legal & regulatory support simplifying
procedures to convert into Bankable Enterprises. xi. To engage private
sector companies to sign MoUs with Women Development Department for
committing to the women empowerment principles and endorsing to
implement them in their organizations requiring them to abide by
international standards of gender equality. xii. Free of cost technical /
vocational training to women / female students. xiii. Interest free loan
opportunity for female pass out students of TEVTA institutions to start
their own business. xiv. Missing Facilities including toilets, drinking water,
boundary wall and electricity be provided in all girls school.
While in kpk the recommendations are Awareness-raising within and
main-streaming of gender concerns and gender-specific laws in local
government institutions. vi. Provision of shelter, rescue, medical,
psychological and legal facilities at all Government run Women Protection
Centre. ii. Trainings for all relevant government officials incorporating
steps to ensure the enforcement of women rights. viii. enhancement of
forensic science facilities to aid in the investigation of offences, relating to
sexual violence

For transgender persons’ rights, the policy recommends appropriate

steps to safeguard their rights and raising awareness among government
and public with respect to the identity and rights of the transgender. It also
suggests local government institutions for education and skill development
of transgender persons. It suggests a reliable registration mechanism so
that transgender persons could be provided with protection, social services
and budgetary allocation by the provincial government.
The policy recommends that minorities and their worship places should
be provided protection and interfaith harmony be promoted through
developing such a curriculum. They should be provided developmental
funds and government assigned quota be implemented.
The policy also calls for financial support to the senior citizens as was
ensured through KP Minimum Wages Act 2013. In all public buildings the
people with disabilities should be provided access. It also recommends skill
development and capacity enhancement trainings for such persons.

Policy Implementation Gaps

This thing has been ignored in both policies of Punjab and KPK, they do
not have mentioned that how could they protect women from minorities
.According to human rights watch women from religious minority
communities remain particularly vulnerable to abuse. A report by the
Movement for Solidarity and Peace in Pakistan found that at least 1,000
girls belonging to Christian and Hindu communities are forced to marry
Muslim men every year. The government has done little to stop such forced
marriages same like there is no policy to stop Early marriage remains a
serious problem, with 21 percent of girls in Pakistan marrying before the
age of 18, and 3 percent marrying before age 15. he Taliban and affiliated
armed groups continued to attack schools and use children in suicide
bombings in 2018. In August, militants attacked and burned down at least
12 school in diamer district of pakistan’s Gilgit-Baltistan region. At least
half were girls’ schools. Pakistan has not banned the use of schools for
military purposes, or endorsed the Safe Schools Declaration as
recommended by the United Nations Committee on Economic, Social and
Cultural Rights in 2017.Over 5 million primary school-age children in
Pakistan are out of school, most of them girls. Human Rights Watch
research found girls miss school for reasons including, lack of schools, costs
associated with studying, child marriage, harmful child labor , and gender
discrimination

It also mentions enactment of laws in the province like Khyber

Pakhtunkhwa Harassment of Women in Workplace Act 2017, but the same
government so far has not appointed an ombudsperson to hear complaints
of working women.

There is no as such policy implementation mechanism of Human Rights

given in policy of Human Rights kpk .

The Basic tools for the Enforcement and implementation of policy is not
given in policy Hum
RECOMMENDATION

For successful implementation of the policy we need to work like the given
model above
Policy should be cover these three phases which involves policy ,process
and procedure with the help of this model we can successfully implement
our policies Regarding Human Rights Khyber Pakhtunkhwa
Conclusion

Policy should made for the people and society policy making is the first step
to identify issues of the society .without proper planning and policy
implementation mechanism how could one draft law or legislation
,legislation procedure always should be consider in last while policy and
implementation mechanism should be consider first according to the
culture and societal norms

So we need to make policy according to our culture and societal norms not
on the given international Treaties

Note

Law is made for society ,not society is made for Law