NATIONAL HUMAN

RIGHTS COMMISSION
PAKISTAN

LLB Part 4 (B)

National Commission for HRs Act, 2012
Composition: (Section 3)
• A Chairperson
• One member from each Province and Islamabad Capital Territory
• Chairperson of the National Commission on Status of Women
• One member from Minority communities
• A Secretary appointed by the Commission.
Powers and Functions of the Commission

• To investigate Human Rights violations

• To spread Human Rights literacy
• To publish research on international law
• To raise awareness about Human Rights protections
• To make recommendations for the implementation of
treaty obligations
• To develop a national plan for the promotion and
protection of Human Rights
Mandate of the Commission
• To deal with the armed forces and intelligence agencies
on matters related to Human Rights violations (Section
14 and 15)
• Has the powers of a civil court trying a suit under the
Code of Civil Procedure
• Call for information or report in cases of Human Rights
form government or its organizations; (Section 9)
• To hear public petitions / complaints and take suo-moto
notices of Human Rights violations; (Section 9)
Mandate of the Commission
• To undertake and promote research in the field of Human Rights and
spread Human Rights literacy among various sections of society for
the promotion and protection of Human Rights in Pakistan (Section 9)
• To develop a national plan of action for the promotion and protection
of Human Rights in Pakistan
• To establish/declare Human Rights court at district level for the
purpose of speedy trial of offences arising out of violation of Human
Rights (Section 9)
• To direct or hold Inquires and Investigations in any incident of Human
Rights violation (Section 9)
• To propose, amend or review legislation from Human Rights
perspectives (Section 9)
Mandate of the Commission
• To review the factors, including acts of terrorism that inhibit the
enjoyment of HRs and recommend appropriate remedial
measures (Section 9)
• To study treaties, other international instruments on Human
Rights and reports submitted by the Government of Pakistan on
them including the comments thereon, to make
recommendations for their effective implementation (Section
9)
• To submit independent reports to the Government on the State
of HRs in Pakistan for incorporation in reports to the UN’s
bodies or committees (Section 9)
Mission of the Commission
• Speedy investigation and redress by acting as watchdog on
state machinery to respond to violation of HRs
• Mainstreaming HRs awareness and education in the society
• Bringing all state legislation, policies, institutions and actions
in conformity with HRs obligations enshrined in the
constitution and ratified international treaties and
conventions
• Creating a culture of collaboration for a pro-rights
environment in Pakistan
 COMMISSION’S
STRATEGIC PLAN –
PRIORITIES
Human Rights Education:
• The most important step towards protection and
promotion of HRs in any society.
• More important in countries like Pakistan where HRs
violations are widespread, literacy rate is low, and
awareness and understanding of HRs is severely
deficient.
• Even most of the educated sections of the society do not
know HRs.
• Curbing HRs violations is possible if citizens understand
and share values for the respect and protection of HRs.
HRs violations complaint handling and investigation:
• To investigate HRs cases by taking suo-moto actions on
petitions and complaints by victims.
• To receive and investigate complaints of HRs violations.
• To refer complaint to any relevant authority.
• To recommend prosecution or other necessary action.
• Binds government or a concerned authority to respond to the
Commission:
a) if its recommendations implemented
b) how it plans to do so
c) why the recommendations cannot or should not be implemented
Compliance on International Obligations:
Commission’s mandate to ensure Pakistan’s compliance on international obligations,
particularly concerning HRs treaties.
Pakistan has ratified major UN Core HRs Conventions:
1. International Convention on the Elimination of All Forms of Racial Discrimination.
2. International Covenant on Civil and Political Rights.
3. International Covenant on Economic, Social and Cultural Rights.
4. Convention on the Elimination of All Forms of Discrimination against Women.
5. Convention on the Rights of the Child.
6. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT).
7. Convention on the Prevention and Punishment of Crimes of Genocide.
8. 36 Conventions of International Labor Organization (ILO).
9. Eight Core Standards known as International Labor Standards (ILS).
Review of National Legal Framework:
Commission is Mandated:
• To review safeguards provided by the Constitution of
Pakistan and any other law and recommend amendments or
adoption of new laws
• To review the factors, including acts of terrorism, that inhibit
the enjoyment of HRs and recommend remedial measures
• Need for reforms in laws that are in contradiction to basic
HRs and Pakistan’s international obligations was also pointed
out
Addressing Marginalization & Vulnerability
• Commission’s mandate to contribute to the development of a
society where everyone everywhere has access to HRs.
• Certain groups deserve more attention than others, because of
their vulnerabilities and systematic exclusion from the mainstream.
• First Strategic Plan 2016-2020: The plan identifies the following
segments
• Labor
• Women
• Children
• Minorities
• Other vulnerable groups
PROVINCIAL DIRECTORATES
 Directorate of HRs, Government of KP
• KP DHRs is statutory and independent institution under the general
supervision of Law, Parliamentary Affairs and Human Rights
Department (Directorate was established in 2012)
• Working for the redressal of grievances of victims of HRs violation in
the province of KP.
• KP Promotion, Protection and Enforcement of HRs Act, 2014 (passed
by the KP Provincial Assembly)
• To empower citizens and to provide an effective mechanism for the
promotion, protection and enforcement of HRs as provided in the
Constitution of Pakistan and international conventions, treaties and
agreements to which Pakistan is a state party.
Functions of the Directorate
• Reviews of HRs situation in the Province.
• To promote, protect and enforce HRs in the Province.
• Inquires, suo-moto or a petition presented to it by a victim or any person on his
behalf into the complaints of (i) any incident of violation of HRs or abatement
thereof, and (ii) negligence in the prevention of such violation, by a public servant.
• Requires any person to furnish information on such points or matters as in the
opinion of Directorate may be useful for or relevant to the subject matter of any
inspection or inquiry.
• Recommends to Government for immediate measures including actions to be taken
against the persons involved in violation of HRs.
• Formulates, implement and regularly update policies with a view to protect HRs.
• Assists in any proceedings involving any allegation of violation of HRs pending before
a Court.
• Co-ordinate activities of the Government Departments, in respect of HRs.
 Functions of the Directorate
Initiatives for harmonization of legislation, regulations and practices with
the international human rights covenants and agreements to which Pakistan
is a party and monitoring their implementation.

Obtains information, documents and reports on complaints and allegations

of HRs violations, from Government Departments and other agencies.
Reviews the HRs safeguards provided by or under the Constitution of
Pakistan or in any other law for the time being in force for the protection of
HRs and recommend adoption of new legislation, the amendment of the
existing laws and the adoption or amendment of administrative measures
for their effective implementation.
Functions of the Directorate
• Reviews the factors, including, acts of terrorism, that inhabit the
enjoyment of HRs and recommend appropriate remedial measures.
• Representation of Province in international bodies, organizations and
conference relating to HRs in consultation and in conjunction with
Foreign Affairs Division.
• Developing and conducting information program to foster public
awareness of HRs, laws and remedies available against the abuse of
human rights.
• Studies treaties, other International Instruments on HRs and reports
submitted by the Government of Pakistan on them including the
comments thereon, to make recommendation for their effective
implementation.
Functions of the Directorate
• Undertakes and promote research in the field of human rights and
maintain database on the complaints on violence of human rights and
development of human rights norms.
• Spread human rights literacy among various sections of society and
promote awareness of the safeguards available for the protection of these
rights through publication, media, seminars and other available means.
• Develops a provincial plan of action for the promotion and protection of
human rights.
• Formulating programs of teaching of HRs at educational institutions.
• Provision of facilities for professional and technical training at home and
abroad relating to HRs issues.
KP HRs Directorate Core Values
• Independence
• Professionalism
• Equality
• Participation
• Accessibility
• Accountability
• Inclusiveness
• Integrity
• Pro-activeness
• Collaboration
Relevant Provincial legislation
• Child Marriage Restraint Act 1939.
• Child Protection and Welfare Commission Act 2010.
• KP Borstal Institution Act 2012.
• KP Elimination of Custom of Ghag Act 2013.
• The KP Right to Information Act 2013.
• The KP Minimum Wages Act, 2013.
• KP Right to Public Services Act 2014.
• KP Deserving Widows and Special Persons Welfare Foundation Act 2014.
• KP Senior Citizens Act 2014.
• KP Promotion, Protection and Enforcement of Human Rights Act 2014.
• KP Protection of Communal Properties of Minorities Act 2014.
• KP Prohibition of Employment of Children Act 2015.
• KP Bonded Labor System (Abolition) Act 2015.
• KP Commission on the Status of Women Act 2016.
• KP Harassment of Women at workplace (amendment) Act, 2017.
• KP Compulsory Education Act 2017.
Directorate Structure