DEVOLVING RIGHTS IN KHYBER PAKHTUNKHWA ISLAMIC REPUBLIC OF PAKISTAN PROJECT COMPLETION REPORT (J 2016-D 2019)
United Nations Development Programme 4th Floor, Serena Business Complex, Khayaban-e-Suharwardy, G-5/1, Islamabad, Pakistan www.pk.undp.org
(July 2016-December 2019) 1
DEVOLVING RIGHTS IN KHYBER PAKHTUNKHWA ISLAMIC REPUBLIC OF PAKISTAN
Project Completion Report (July 2016-December 2019) CONTENTS
LIST OF ACRONYMS AND ABBREVIATIONS ACKNOWLEDGMENT 6 PREFACE 7 1. EXECUTIVE SUMMARY 8 2. BACKGROUND 10 2.1 Human Rights and Governance 11 3. PROJECT APPROACH 14 4. ANALYSIS OF PROJECT IMPACT 18 4.1 Defining Project Impact 18 4.2 Analysing Project Impact 19 5. KEY PROJECT ACHIEVEMENTS: 2016-2019 25 5.1 Putting Human Rights Policy at the Heart of Khyber Pakhtunkhwa’s 25 Development Framework: 5.2 Building the Human Rights capacity of future Duty Bearerss 26 5.3 Operationalizing Pakistan’s first Human Rights Information Management System 27 5.4 Developing Pakistan’s first national set of national human rights indicators 28 5.5 Celebrating Human Rights Day in Peshawar, 2019 30 6. MAINSTREAM THE SDGs 31 6.1 Gender Equality (Goal 5) 32 6.2 Peace, Justice and Strong Institutions (Goal 16) 34 7. CHALLENGES AND LESSONS LEARNT 37 7.1 Lengthy government procedures 37 7.2 Lack of coordination between government departments 37 7.3 Leadership changes and stakeholder participation 37 7.4 Sensitivity to rights-based approaches 39 7.5 Ensuring inclusivity in consultations and other activities 40 THE WAY FORWARD – LEVERAGING BEST PRACTICES FOR IMPROVED 8. 42 RIGHTS-BASED GOVERNANCE ACROSS PAKISTAN AND IN THE REGION 8.1 Human Rights Policy Development and Implementation 43 8.2 Technical and Capacity Assistance to Human Rights Stakeholders 43 8.3 HRIMS Operationalization in Pakistan 44 8.4 Supporting rights based and data-driven COVID-19 response and recovery efforts 45 8.5 Replicating HRIMS and best practices in rights-based governance in the region 46 Annex 1 – Detailed Summary of Project Activities 48 Output 1: Development and Improved Implementation of rights-based policies 48 and legislation Output 2: Strengthened capacity and coordination of national and sub-national 52 Human Rights institutions Output 3 - Increased awareness of Human Rights principles and protection 62 mechanisms
4 AnnexDevolving 2 – KPVP/HRIMS Rights in Khyber Critical Pakhtunkhwa, Path Pakistan: Project Completion Report 67 ACRONYMS
B4A Bytes for All CAT Convention Against Torture CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CERD Convention on the Elimination of Racial Discrimination CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CSO Civil society organization DHL Decentralization, Human Rights and Local Governance Project DG-Law and HR Directorate General Law and Human Rights, Khyber Pakhtunkhwa DHR (Provincial) Directorate of Human Rights, Khyber Pakhtunkhwa FATA Federally Administered Tribal Areas FDFA Federal Department of Foreign Affairs (Switzerland) GBV Gender-based violence GMFA German Ministry of Foreign Affairs GSP+ European Union General Scheme of Preferences (Plus) HRC Human Rights Council HRIMS Human Rights Information Management System ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights KP Khyber Pakhtunkhwa KPVP Khyber Pakhtunkhwa Virtual Platform M&E Monitoring and evaluation MoHR Ministry of Human Rights, Government of Pakistan MoU Memorandum of Understanding NCHR National Commission for Human Rights NMA Newly Merged Areas NMRF National Mechanism for Reporting and Follow-up NRTD National Recommendation Tracking Database OHCHR Office of the High Commissioner for Human Rights SDC Swiss Agency for Development and Cooperation SDG Sustainable Development Goals TIC Treaty Implementation Cell ToT Training of Trainers UNDP United Nations Development Programme UPR Universal periodic review (July 2016-December 2019) 5 ACKNOWLEDGMENTS
This report, and the achievements profiled within, was made possible through the contributions of numerous individuals and institutions from the Government of Pakistan, key development partners and the United Nations. UNDP would like to acknowledge the Government of Switzerland and the Swiss Agency for Development and Cooperation for their financial contributions and support to the project, which were foundational to UNDP’s human rights work in the province of Khyber Pakhtunkhwa, and to acknowledge the German Ministry of Foreign Affairs for taking forward funding of UNDP’s human rights initiatives. UNDP would also like to acknowledge the invaluable contributions of the following individuals and government institutions: Ministers, secretaries and officials from the Department of Law, Parliamentary Affairs and Human Rights, Government of Khyber Pakhtunkhwa, who supported the project over its tenure; the Khyber Pakhtunkhwa Directorate General of Law and Human Rights; Ombudsperson KP for Protection Against Harassment of Women at the Workplace; the Ministers, secretaries and officials from the Ministry of Human Rights; The Human Rights and Minority Affairs Department, Government of the Punjab; the Human Rights Department, Government of Sindh; Social Welfare Department and Department of Inter-provincial Coordination Department, Government of Balochistan; colleagues from UN OHCHR; UNDP Pakistan and the Decentralization, Human Rights and Local Governance team at UNDP; and UNDP’s partner organizations, including Bytes for All.
6 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report PREFACE
The Constitution of Pakistan guarantees respect for fundamental rights of the people of Pakistan, including the dignity of human beings, freedom of thought, freedom of religion, freedom of speech, freedom of the press, freedom of assembly, freedom of association, and freedom of information. The Government of Pakistan’s commitment to addressing multi-dimensional human rights violations has also been reflected in Pakistan’s international commitments, including the ratification of seven core human rights conventions, and its endorsement of the Sustainable Development Goals.
However, despite efforts to realize the human rights enshrined in the Constitution of Pakistan and its international human rights pledges/commitments, through progressive human rights laws and policies and the establishment of national and provincial human rights institutions, the human rights situation in the country, and in particular in the province of Khyber Pakhtunkhwa, has been complex and challenging. Gaps in institutional capacity and service delivery have hindered progress in human rights in the province, as well as the pervasiveness of patriarchal norms and nascent human rights institutions.
In this context, the Devolving Rights in Khyber Pakhtunkhwa Project, funded by SDC and implemented by UNDP in partnership with the Government of Khyber Pakhtunkhwa, has filled critical capacity gaps in the province. I have been privileged to engage with the project throughout its three years of implementation, first as a human rights practitioner, building the capacity of government stakeholders at the provincial and local government levels; and later in my capacity as KP Ombudsperson against Harassment of Women at the Workplace. Reflecting on my dynamic experience working with UNDP over this period, I am encouraged by what we have achieved. As a result of our combined efforts, today the Province of Khyber Pakhtunkhwa has an inclusive Human Rights Policy, a more effective Directorate General of Law and Human Rights, an Ombudsperson for the Protection of Women Against Harassment at the Workplace, and an integrated and institutionalized Human Rights Information Management System (the Khyber Pakhtunkhwa Virtual Platform) – to name a few. These achievements equip the province with guidelines for government institutions on including human rights principles in their service delivery, with the tools to monitor human rights implementation, and with designated institutions to oversee the process. The result is a stronger and more accountable human rights architecture in the province.
(July 2016-December 2019) 7 In addition, I attribute much of our success to the project’s multi-dimensional approach to engagement, identifying and investing in human rights champions – who were both rights holders and duty bearers. Duty bearer champions were identified through early government capacity building initiatives, and empowered as master trainers to continue human rights capacity building for a wider pool of government officials; while rights holder champions were identified in the course of civil society engagement, and empowered to participate in human rights priority setting and governance processes. Paired with reforms to the province’s human rights architecture, the impact of this outreach and engagement did not end with a single intervention. Today, in my role as Ombudsperson, I am working alongside these champions, who continue to advocate for and work towards stronger, more accountable and more rights-based institutions and governance in KP, at the local and provincial levels.
Looking to the future, continued political will and commitment to the implementation of rights-based policies will be required to sustainably institutionalize project achievements. With important human rights legislation aimed at protecting youth, transgender person, women, that has yet to be passed or in in need of reform, our work is not done. But I am confident that, as a result of the Devolving Rights in KP project and the efforts of UNDP Pakistan, its champions and the Government of Khyber Pakhtunkhwa, we now have the tools and the human rights frameworks to drive this process forward.
Ms. Rukhshanda Naz Ombudsperson KP Ombudsperson Office for Protection Against Harassment of Women at the Workplace
8 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 1 EXECUTIVE SUMMARY
The 18th Amendment to the Constitution of the Islamic Republic of Pakistan was adopted in April 2010, devolving a wide range of subjects related to rights-based development to Pakistan’s provincial governments. However, ten years later, many institutions still lack the technical and organizational capacity to effectively protect, promote and enforce human rights in line with the Government of Pakistan’s domestic and international commitments.1 The lack of capacity of concerned provincial line departments and institutions is a critical constraint to guaranteeing a rights-enabling environment in the province of Khyber Pakhtunkhwa (KP), the province of focus in this KPVP in use at the KP Human Rights report, and across Pakistan. Department, November 2019 To address critical provincial capacity gaps, UNDP designed the “Devolving Rights in Khyber Pakhtunkhwa” (Devolving Rights in KP) project component (July 2016 – December 2019) of UNDP’s Decentralization, Human Rights and Local Governance Project (DHL). With funding from the Swiss Agency for Development and Cooperation (SDC), over its three years of implementation, the Devolving Rights in KP project has provided technical and capacity assistance to federal and provincial human rights ministries/departments, Pakistan’s human rights institution and civil society through an integrated four-pronged approach, comprising the pillars of policy support, capacity development, strengthening human rights data collection/coordination and outreach and advocacy.
This Project Completion Report summarizes the project achievements during the three years of implementation, analyses the project’s impact and suggests a way forward for strengthening rights-based governance in Pakistan. The report introduces the project’s methodology and theory of change, analysing how key project achievements have contributed to the project’s intended
1. Committee on Economic, Social and Cultural Rights, “Concluding observations on the initial report of Pakistan,” E/C.12/PAK/CO/1 (July 20, 2017) section on “Devolution of Powers”.
(July 2016-December 2019) 9 1 - Executive Summary
outcome of ‘strengthened rights-based governance in KP and across Pakistan’. Notable achievements, which form the basis for current best practices in rights- based development in Pakistan, include the inclusive drafting of Pakistan’s first provincial human rights policy and provision of demand driven capacity building support towards its implementation, as well as the design and establishment of an integrated Human Rights Information Management System (or HRIMS), successfully piloted in KP under the official title of Khyber Pakhtunkhwa Virtual Platform (KPVP). Additionally, advocacy and outreach activities served to build awareness amongst civil society and the general public on Pakistan’s human rights commitments and obligations. These and other achievements have strengthened the capacity of governmental and non-governmental human rights stakeholders to more effectively collect human rights data and coordinate and measure human rights implementation, leading to a more capacitated, accountable and engaged government vis-à-vis its international human rights obligations and human rights commitments to the people of Pakistan. Interventions undertaken in the later half of the project were rolled-out in coordination and collaboration with the European Union and its human rights programme, which began in 2018.
Across project interventions and levels of analysis, the Devolving Rights in KP project mainstreamed the SDGs, with a focus on gender equality, reduced inequalities, and peaceful and inclusive societies and institutions. This report provides an overview of challenges and lessons learnt during project implementation, and how these lessons have been used to strengthen and adapt the project’s implementation approach, as well as to provide guidelines for Pakistan and other countries to strengthen rights-based governance in future.
10 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 2 BACKGROUND
Like the diverse social and cultural fabric Figure 1 of Pakistan, the human rights situation in Pakistan is complex and multifaceted. Large PAKISTAN’S TREATY RATIFICATION segments of the society remain socially, politically and economically excluded owing 1. Covenant on the to weak state structures, fragile democratic Elimination of Racial Discrimination (CERD): institutions and a society affected by religious 1966 extremism and patriarchal traditions.2 This 2. Covenant on Civil and has meant that many groups are being left Political Rights (ICCPR): behind. However, Pakistan has also played 2010 a constructive role in the establishment and 3. Covenant Economic, upholding of international human rights Social and Cultural Rights principles, as a two-time member of the (ICESCR): 2008 United Nations Human Rights Council and 4. Convention on as a signatory to seven major human rights the Elimination of treaties (see Figure 1). Discrimination against Woman (CEDAW): 1996 In Pakistan’s north-western province of 5. Convention against Khyber Pakhtunkhwa (KP) – the province Torture (CAT): 2010 of focus in this report – the human rights 6. Convention on the Rights situation is particularly challenging. Khyber of the Child (CRC): 1990 Pakhtunkhwa, formerly known as the North 6.1 CRC-OP-SC: 2011 West Frontier Province (NWFP), is located 7. Convention on the in the northwest of the country along the Rights of Persons with International Border with Afghanistan. Disabilities (CRPD): 2011. The province is administratively divided in 34 districts, including those recently merged following the 25th Constitutional Amendment, which merged the erstwhile Federally Administered Tribal Areas (FATA) with the province of KP. Peshawar is the largest city and capital of the province.
2. Human Rights Committee, “Concluding Observations on the initial report of Pakistan,” CCPR/C/PAK/CO1 (23 August 2017) and European Union, “2018 Annual Report on Human Rights and Democratization”(2018).
(July 2016-December 2019) 11 2 - Background
Khyber Pakhtunkhwa is home to 17.9% of Pakistan’s total population, with the majority of the province’s inhabitants being Pashtuns and Hindko speakers. The province is the site of the ancient kingdom Gandahra including the ruins of its capital Pushkalavati near modern-day Charsadda and was once a stronghold of Buddhism. In recent history, the province has witnessed an enduring and complex emergency causing the displacement of almost 500,000 families3, as well as repeated natural disasters, which have affected large parts of the population. Data shows that KP has a disproportionally high per capita number of human rights violations as compared to the rest of country, especially for women and children and minorities4.
2.1 Human rights in a devolved capacity gaps. Concern regarding the governance system rights-based implications of provincial capacity gaps, particularly with In 2010, the 18th Amendment to the reference to women, children and Constitution of Pakistan introduced minorities rights, were highlighted in reforms that gave unprecedented Pakistan’s 2012 and 2017 Universal autonomy to the provinces in the Period Reviews6. Both emphasized the legislative, fiscal and administrative need to strengthen and institutionalize fields. These reforms included a rights-enabling environment across providing provincial exclusivity in provinces. social sector governance, devolving subjects related to local governance, Devolution was followed by a critical human rights, social welfare, time of transition in the Pakistan, and education, environment, health, in particular Khyber Pakhtunkhwa, labour, sports, women’s development with increased scrutiny of Pakistan’s and youth affairs to the provinces. human rights commitments by However, Pakistan has been a state the international community. In with a strong legacy of centralized 2014, Pakistan was included in the governance5. Thus, since the European Union’s Global Scheme of devolution of the abovementioned Preferences (GSP+), providing the human rights matters, provincial country with preferential trade and governments have faced significant tariff arrangements on the condition challenges in the implementation of of progress towards ratification and human rights due to major provincial effective implementation of 27 core
3. UN OCHA, “Pakistan: KP Tribal District Returns Update - Humanitarian Snapshot” (July 2018)
4. Ministry of Law, Justice and Human Rights (2013). http://www.dawn.com/news/1046467
5. Federalism and Eighteenth Amendment – Challenges and Opportunities for Transition Management in Pakistan; Leslie Seidle and Zafarullah Khan, December 2012; UNDP & Forum For Federations; http://www.undp.org/content/dam/pakistan/docs/Democratic%20 Governance/Federalism/UNDP-PK-DGU-Federalism%2018%20Amendment%20Report-2012.pdf
6. Universal Periodic Review 2nd and 3rd Cycle Pakistan, VII. Right of vulnerable groups, A: Women, B: Children, C: Religious minorities.
12 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 2 - Background
international conventions on human operational and began taking cases and labour rights, environmental and conducting hearings. However, protection and good governance. In the effective functioning of the NCHR, 2017, Pakistan underwent its third in line with the Paris Principles for UPR review, in addition to three treaty National Human Rights Institutions8, body reviews,7 and Pakistan became a has been constrained by continued member of the Human Rights Council organizational and technical capacity (HRC) for the second time. Thus, in gaps, including a significant delay in 2019, Pakistan underwent a mid- the approval of the Commission’s term review of both its HRC voluntary Rules of Business, which guide pledges and implementation of its most financial and human resource UPR recommendations, with UNDP processes. In addition, in order to facilitating reporting for both mid-term meet the increased data collection and reviews on behalf of the UN Country reporting burden from the GSP+, the Team. Finally, in May 2018, as a result Government of Pakistan established of the merger of the former FATA Treaty Implementation Cells (TIC) at with the province of KP, the seven provincial and federal levels. The TIC tribal areas and their approximately system was intended as a coordination five million citizens were, for the first mechanism, facilitating Pakistan’s time, brought under the jurisdiction capacity to monitor compliance with its of Pakistan’s Constitution and KP’s treaty-based commitments, measure governance structure, including its implementation of commitments human rights policy and other rights- and develop reporting for GSP+ and based mechanisms. other international human rights mechanisms. Pakistan’s TICs as well as In this context, federal and provincial the provincial and federal government governments have taken a wide institutions (TIC Members) responsible range of steps for legal, policy and for human rights data collection, institutional reforms to improve reporting and analysis, frequently human rights conditions in the lacked the capacity to effectively fulfil country. In 2015, Pakistan established this mandate. These challenges were the National Commission for Human evidenced in the first TIC assessment, Rights (NCHR) to protect and promote conducted by UNDP in 2017.9 While human rights in the country. The capacity has varied significantly Commission established provincial across provinces, common capacity branches in 2016 to become fully
7. Pakistan was required to report to the treaty bodies for the ICCPR, ICESCR and CAT in 2017 as part of the regular treaty body review process. 8. UN General Assembly, Principles relation to the Status of National Institutions (Paris Principles) UNGA Resolution 48/134, December 20 1993. 9. UNDP Pakistan, “Pakistan’s Provincial Treaty Implementation Cells: Strategy Paper on Improved Rights-Based Data Collection and Reporting”.
(July 2016-December 2019) 13 2 - Background
Workshop on Reforms of KP Human Rights Act, December 2018 gaps hindered inter-departmental project successfully supported the coordination, effective collection of Islamic Republic of Pakistan at the verifiable human rights data, and federal and specifically the provincial analysis and follow-up on treaty body level to address the above-outlined recommendations. challenges, and effectively fulfil its international, domestic and provincial Against this backdrop, UNDP designed human rights commitments, and successfully implemented documenting progress through the Devolving Rights in Khyber the establishment of innovative Pakhtunkhwa project from July data collection systems10 following 2016 to December 2019, which internationally agreed standards in was a component of UNDP’s collaboration with the Office of the Decentralization, Human Rights and High Commissioner for Human Rights Local Governance (DHL) project. The (OHCHR).
9. Through this project, the Government of Pakistan developed the first Human Rights Information Management System (HRIMS), at the federal level, titled the Khyber Pakhtunkhwa Virtual Platform (KPVP) in KP
14 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 3 PROJECT APPROACH
The Devolving Rights in KP project follows a theory of change, which rationalizes the project building blocks, structure and implementation approach, linking activities to outputs and outcome. The project, planned by UNDP with its primary project partner, the Khyber Pakhtunkhwa Department of Law, Parliamentary Affairs and Human Rights (or the KP Human Rights Department), aimed to achieve the Project Outcome of improved rights-based governance in Khyber Pakhtunkhwa and across Pakistan. The theory of change is structured on the evidence11 that this goal can be achieved by empowering both rights holders (individuals, civil society etc.) and duty bearers (primarily states, as per international law). Thus, the project engaged a diverse set of stakeholders from both groups, however the majority of project interventions focused on capacity building and empowerment of duty bearers at the local, provincial and federal levels. Project interventions were grouped under four pillars of cooperation, outlined below with associated key stakeholders engaged under each pillar:
1. Human rights policy development 2. Capacity building of federal, and implementation: UNDP provincial and non-governmental organized extensive multi- human rights stakeholders: stakeholder consultations for Activities under this pillar assisted government departments, capacity building of a range legislative bodies and civil society of institutional stakeholders organizations on the framework at federal, provincial and local of a comprehensive human rights government levels, as well as other policy for Khyber Pakhtunkhwa. key human rights stakeholders, Once endorsed, the project to increase knowledge of strengthened evidence for human right principles and rights-based policy making and strengthen the implementation implementation, encouraging of Pakistan’s human rights further rights-based legislative commitments through their reforms and the establishment of respective mandates. Key robust human rights mechanisms provincial stakeholders included in the province. the KP Departments of Human
11. SDC “Human Rights Policy for Development – towards a life in dignity, freedom and peace” (2006); Human Rights in UNDP Practice Note; Realising the Right to Development - The human rights-based approach to development in the era of globalization
(July 2016-December 2019) 15 3 - Project Approach
Rights, Education, Health and indicators, the systems facilitated Social Welfare, KP Human Rights the collection, analysis and Directorate (DHR)/Directorate sharing of human rights data from General Law and Human provincial departments, increasing Rights (DH-Law and HR)12, KP the government’s capacity to Ombudspersons Office, provincial monitor and be accountable for representatives from the Human the implementation of human Rights Commission, Commission rights, providing evidence to on the Status of Women and the inform policies and programs and 13 Ministry of Human Rights. The contribute to stronger human key stakeholders at the federal rights reporting. level, engaged across project activities, were the Ministry of 4. Human rights advocacy and Human Rights and the National awareness: Activities under this Commission on Human Rights, pillar targeted development while the Ministries of Education, partners, academia, civil society Health, Poverty Alleviation and organizations (CSOs)14 and other the Federal Bureau of Statistics stakeholders that work for the participated in the indicator protection and promotion of development process. human rights. UNDP supported the KP DHR/DG-Law and the Human 3. Coordination, analysis and Rights Department to develop and reporting of human rights implement an outreach strategy data: Responding to demand and design awareness campaigns and observed capacity deficits to increase understanding of and from both federal and provincial demand for human rights in the governments, UNDP supported province. the establishment of Pakistan’s first digital human rights Combined, these four pillars and their information management system, associated activities are integrated with support from UNDP’s partner in the project’s three outputs: organization Bytes for All (B4A), (1) Development and improved piloted as the KPVP, and later implementation of rights-based policies upscaled to the HRIMS. Paired and legislation; (2) Strengthened with the development and use capacity and coordination of human of nationalized human rights rights departments and institutions;
12. In December 2018, the KP Human Rights Directorate was upgraded by the Department of Law, Parliamentary Affairs and Human Rights into the Directorate General, Law and Human Rights. The Report will refer to it as the Human Rights Directorate (DHR) for interventions pre-December 2018 and the Directorate General Law and Human Rights (DG-Law and HR) for interventions post December 2018.
13. The enumerated represent key stakeholders from the KP Government responsible for human rights implementation. Throughout the report they will be referred to as “provincial government human rights stakeholders”.
14. The enumerated represent key stakeholders non-governmental actors supporting human rights implementation. Throughout the report they will be referred to as “non-governmental stakeholders”.
16 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 3 - Project Approach
and (3) Increased awareness of human Governance School, helped establish rights principles and protection and sustain provincial and district mechanisms. level knowledge of human rights mechanisms and obligations beyond The project supported Pakistan’s own the scope of the project. This has inclusive peace and governance goals, contributed to ensuring officials have including the Sustainable Development the required knowledge to further Goals (in particular, Goals 515 and 1616 the implementation of KP’s Human discussed in detail in Section 6), as well Rights Policy and KP’s rights-enabling as Pakistan’s 2016 National Action Plan environment. for Human Rights. It was also guided by and aligns with Switzerland’s Federal Also of note is that the KPVP was Department of Foreign Affairs (FDFA) sustainably operationalised by to Human Rights Strategy, in particular the KP Human Rights Department, the second strategic objective to while the MoHR took ownership of strengthen existing human rights and leadership on the federal level institutions and mechanisms in HRIMS – demonstrating that these countries of operation17, and the initiatives will continue far beyond SDC Guidance on Human Right in the project period. MoHR’s decision Development and Cooperation. to co-finance the programme through the federal government’s core Project sustainability: The Devolving development funds in its budget has Rights in KP Project has been institutionalized the system, increasing designed with sustainability at its financial and technical sustainability core. Interventions capacitated of this innovative and pioneering data provincial government stakeholders collection initiative. The success and to effectively and sustainably sustainability of the HRIMS has been implement their mandates as human noted by other UN agencies, including rights duty-bearers. Moreover, the the OHCHR, which has agreed to policies, action plans and training partner with Pakistan in its National material collaboratively developed Recommendation Tracking Database over the course of the project period (NRTD) program – see further detail on provided core conceptual and action- this in Section 8. oriented frameworks for government human rights efforts, while enhanced The below figure 2 shows a detailed capacities of relevant administrative visualization of the project’s theory officials and line departments, in of change, displaying the inputs and particular the engagement of the Local project activities that lead to the key objective.
15. SDG Goal 5: Gender Equality 16. SDG Goal 16: Peace, justice and strong institutions 17. The report contains three overarching strategic objectives, the second is to strengthen existing human rights institutions and mechanisms
(July 2016-December 2019) 17 3 - Project Approach
PROJECT THEORY OF CHANGE
Policy egislation Capacity evelopment Human Rights ata Advocacy Awareness
el e re e ll b r e c c y ee el e e me ll b r ely e e l c e le l e e me l e e r me um r c uc e ec c l r me r r c l ec y em ym re e u c l re e l e br c e De el me r ec e r me ll b r e c e u l e u e um r rmul clu e c ul e e el me r m ule De r me r me r e c r ce e y c u l c e r r c l e uc l u e um r r r e r -b e er l er um y er er me c lle e c e m leme Department staff on human c l c e y l e l cy c c e eme r y em u e c uc rmul e c e r c l l cy De el me c ll b r e um r r er l e l cy u re c u r e r eme u l e r me cre ee r c l e e um l cy l u l er D c llec u um r r l cy r e e r er r u b l y b e re r r r u l ec c l el -rel ce Activities el ere ull r e De el me r c l l c l ur l r c l e l er l r • Master trainers train officials of m ec c l ce l e e r me um y em - b e l re u e ey ue r b r c l l c l r e er l ubl c u y er me e l er u l ec c l r c l er me c c y br be rer to effectively implement Officials e l cy u e e- l er ly e le er r m r r r c l embly r ce e er l um c l er ce c l c mm ee member D rec r e e el e r e bl c m e l cy r c r • Identification of m leme re re e e l e um r mbu er c r
Pre an ost ele tion oliti al overn ent ounter arts e owering e urity situation in the bureau rati lea ershi are on boar officials/staff to participate in trainings province/country remains
Key or ro e t interventions Key hu an and upload HR data & Key staff remain stable/unchanged & no major change in rights institutions re ain inta t in place/proper handovers done ovt osition on hu an rights Assumptions
Develo ent an i rove trengthene a a ity an n rease awareness on hu an i le entation o rights base oor ination o national an rights rin i les rote tion
Outputs oli ies an legislation sub national hu an rights institutions e hanis s
trengthene rights base governan e in Khyber Pakhtunkhwa an a ross Pakistan Pro ect Outcome
18 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 4 ANALYSIS OF PROJECT IMPACT
4.1 Defining project impact human rights standards18, including non-discrimination and equality. This report aims to both showcase As the lead agency working on the notable achievements of normative human rights, the OHCHR the Devolving Rights in Khyber has identified that rights-based Pakhtunkhwa project, and to analyse governance – though fluid in definition the effect that these achievements – encompasses the development of have had on the human rights laws, policies, institutions, procedures situation in KP and across Pakistan. and practices that adequately capture The effect along with emerging human rights principles, as well as impact of these initiatives have been the establishment of mechanisms analysed through the framework of for redress and accountability that the project’s above outlined theory can deliver on entitlements, respond of change, which culminates in to denial and violations and ensure the outcome strengthened rights- accountability, effectively translating based governance in KP and universal human rights standards into across Pakistan, and is predicated locally determined benchmarks.19 In a upon the achievement of three rights-based governance system, these outputs: (1) Development and policies, institutions, procedures etc. improved implementation of rights- are characterized by accountability, based policies and legislation; empowerment, participation and (2) Strengthened capacity and non-discrimination.20 Thus, the coordination of human rights project outcome can be understood departments and institutions; and (3) as positive change towards Increased awareness on human rights more accountable, empowered, principles and protection mechanisms. participatory and non-discriminatory SDC’s guidance note on human rights policies, institutions, procedures and underscores this interplay between watchdog mechanisms, which embed the Human Rights Based Approach Pakistan’s domesticated human rights and good governance, both of which commitments. are founded on the application of
18. SDC Guidance on Human Rights in Development and cooperation 19. Francisco Sagasti, “A Human rights approach to democratic governance and development,” Realizing the Right to Development (UN OHCHR) 2013. 20. Ibid.
(July 2016-December 2019) 19 4 - Analysis of Project Impact
4.2 Analysing Project Impact policy and its recommendations have catalysed other rights-based From the vantagepoint of reporting, policies, legislation and institution six months after the project’s strengthening. For example, in line completion, improvements in rights- with a recommendation from the based governance in KP and across KP Human Rights Policy, in October Pakistan are evidenced by several 2019 the KP Government tabled a bill emerging trends, which can be on the Protection of Human Rights traced to the project’s outputs and Defenders, which was under review at activities. Advancing SDC’s guidance the time of reporting.21 In addition, as note on human rights, the project outlined in the policy, the Government worked to both empower rights of Khyber Pakhtunkhwa appointed holders and strengthen the capacity an Ombudsperson KP for Protection of duty bearers. However, the focus Against Harassment of Women of project interventions was on the at the Workplace in January 2019, duty bearers and thus project impact empowering the Ombudsperson’s is most visible in terms of stronger, office to mediate and adjudicate more participatory, inclusive and cases of harassment faced by women accountable state institutions. and hold duty bearers accountable. In Khyber Pakhtunkhwa, there has The KP Government has also been an emergence of new and continued to empower its provincial stronger rights-based policies and institutions entrusted to protect, legislation and strengthened human promote and enforce human rights rights institutions and accountability in the province. The KP government mechanisms. A key project amended its Provincial Human Rights achievement in this regard was the Act in December 2018 to upscale adoption of KP’s first Human Rights the Directorate Human Rights to Policy, approved and launched in May the Directorate General Law and 2018. Based on a robust consultative Human Rights. In this regard, the process, the policy focused on provincial government also appointed improving rights-based protection district level human rights officers to and promotion mechanisms, in represent the Directorate General particular for marginalized and at the local level to support human structurally ‘left behind’ groups: rights policy implementation at the women, children, minority groups, local level and facilitate citizens’ transgender persons, senior citizens access the Directorate General’s and persons with disabilities. A human rights systems and services notable achievement in itself, the (including the Complaint Reponses Mechanism). In addition, in line with
21. Dawn News, “Legislation Proposed to Protect Human Rights Defenders,” (October 22, 2019) https://www.dawn.com/news/1512247/ legislation-proposed-to-protect-rights-defenders
20 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 4 - Analysis of Project Impact
the recommendation made under reverberations across Pakistan. At the KP Human Rights Policy, the the time of reporting, the KPVP was Government of Khyber Pakhtunkhwa functioning and has effectively and is currently developing its own sustainably filled a significant capacity provincial policy for protection of gap in KP, improving the collection, the transgender community in the coordination and dissemination of province, while KP’s line departments human rights data in the province. participated in the development of This was evidenced by the fact that the Pakistan’s Transgender Protection KPVP was recently used to generate Act 2017 adopted for Islamabad KP’s inputs for Pakistan’s 2019 GSP+ Capital Territory. Such developments biennial report. The significance of contribute to a governance system the system was further reinforced at that is more accountable, inclusive a SDC-UNDP event in February 2020 and aligned with human rights where the KP Human Rights Secretary principles and commitments, with stated that the development of the the ultimate beneficiaries being the KPVP over the previous two years had people of KP who benefit from a resulted in a demonstrable shift in the more participatory and responsive attitude of the government and its governance system, with evidence- approach to human rights.22 based policies that accurately reflect Essential to the effectiveness and the needs of the most vulnerable, sustainability of the KPVP, rights- and with functioning and accessible based principles of participation, human rights mechanisms available non-discrimination and accountability to seek redressal in case of violations. were embedded in the design and Equally, the successful establishment establishment process. The genesis of and operationalization of the Khyber the KPVP, and later the HRIMS, came Pakhtunkhwa Virtual Platform, from findings from UNDP’s baseline Pakistan’s first comprehensive assessments23 and requests for (i.e. factoring Pakistan’s national support from the government24, which and international human rights both indicated that the Government commitments) digital human of KP faced challenges in human rights information management rights data collection and reporting system, represented an important due to a lack of clarity on institutional milestone in strengthening rights- mandates, weak understanding of based governance in KP, with human rights principles and the
22. Mr. Masood Ahmad, Secretary to the KP Human Rights Department, speaking at the “Achievements Sharing Workshop” concluding the Devolving Rights in KP Project (26 February 2020, Islamabad) 23. UNDP Pakistan, “Pakistan’s Provincial Treaty Implementation Cells: Strategy Paper on Improved Rights-Based Data Collection and Reporting”. 24. Discussion Points, “First Inter-Provincial Meeting on Provincial Rights-Based Institutions, Data Collection and Treaty Body Reporting,” (26-27 September 2017).
(July 2016-December 2019) 21 4 - Analysis of Project Impact
functioning of international human At the federal level, the success of rights mechanisms, challenges in the KPVP design and application is interpreting commitments and underscored by MoHR’s commitment recommendations, inefficient manual to expand the KPVP into a national data sharing procedures, and a lack Human Rights Information of processes for follow-up, data Management System, housed in verification and data archiving. MoHR and linked to commensurable Additionally, once established, provincial systems that mirror the UNDP provided consistent technical design and application of the KPVP. backstopping to the KP Human MoHR has taken ownership of this Rights Department and other line national initiative, including ten departments responsible for collecting dedicated staff for HRIMS in its budget human rights data throughout the in 2020, and reporting about the project, meaning that data protocols HRIMS and Pakistan’s commitment and reporting lines for the KPVP were to strengthen human rights data effectively institutionalized during and evidence-based policy making the project period. This translated in its 2020 CEDAW Review in Geneva into notable steps undertaken by in February 2020, where MoHR also the KP Human Rights Department made history as the first state party towards the sustainability of the KPVP, delegation to include a transgender including the formal notification of representative (pictured below).25 data protocols and focal persons for MoHR has also taken leadership and line departments. ownership in the development and
Pakistan’s Delegation at the United Nations in Geneva (2020) (Twitter)
25. CEDAW Committee, “Concluding Observations on the fifth periodic review of Pakistan” CEDAW/C/PAK/CO/5 (10 March 2020)
22 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 4 - Analysis of Project Impact
mainstreaming of Pakistan’s own access to relevant and timely human human rights indicators beyond rights data. The importance of access the scope and timeframe of this to reliable and inclusive human rights project. The first phase of indicator data has been widely acknowledged development was undertaken during through United Nations Human Rights the project period with support from Treaties and other key sources such UNDP and normative guidance from as Universal Periodic Review (UPR) OHCHR, with national human rights submissions and the Sustainable indicators identified in the areas of Development Goals, with their pledge health, education and social protection. to “leave no one behind”. These MoHR is now working to mainstream human rights mechanisms convey the use of these indicators within the a common message that access to HRIMS, in provincial monitoring and and dissemination of rights-based evaluation plans, and to advance the information is essential to meet identification of indicators in other peoples’ right to information and to human rights thematic areas. deliver on rights-based entitlements to participation. Additionally, access The KPVP, HIRMS and human rights to disaggregated human rights data indicators have played a dynamic allows the government (and other role in strengthening rights-based human rights mechanisms) to more governance. They have served to effectively measure the disparities domesticate international human between social groups, monitor rights principles and standards into human rights implementation, and locally determined benchmarks, develop evidence-based policies providing the government with a and programs that target those left nationally relevant framework and behind26, supporting Pakistan to set of tools to facilitate more effective fulfil its international human rights human rights data collection and the reporting obligations. coordination/sharing of data between relevant stakeholders at different Empowerment of rights holders: levels of government. In doing so, they In line with the project’s holistic and have demystified complex human multi-stakeholder approach and the rights principles, recommendations pillars of the Human Rights Based and reporting requirements, guiding Approach outlined in SDC’s guidance duty bearers on when and what data not on human rights, the project has needs to be collected and shared and also paved the way for addressing how to share it – ultimately increasing and evidently improving lack of
26. Human Rights Council, “The work of the human rights council in relation to the 2030 Agenda for Sustainable Development,” SDG Knowledge Platform (2016).
(July 2016-December 2019) 23 4 - Analysis of Project Impact
coordination-communication – often ownership on human rights issues and verging on trust deficit – between gaps; along with ensuring a participatory the government and civil society and inclusive approach to the formation stake-holders. This means enhanced of the KP Human Rights Policy. awareness and empowerment Furthermore, a collaborative mass of KP’s rights holders on human awareness ‘Outreach Campaign’ was rights commitments and available supported by civil society on promoting human rights mechanisms, on the women’s rights, children’s rights and one hand, and the government’s interfaith harmony. By ensuring the continued interface with civil society’s participation of rights holders in the perspectives on the status of human development process and providing rights at the grass roots levels. them with the knowledge and the With due efforts in lobbying and capacity to more effectively call for mediation and despite earlier challenges, realisation of their own human rights, civil society stakeholders were engaged the project increased oversight and across a range of collaborative project accountability of duty bearers and activities, including in consultations contributed strengthened rights- on the KP Human Rights Policy. In based governance in KP. And most this context, CSOs contributed to a importantly, this has helped in successful prioritization of human rights creating an institutional precedence thematic areas – compellingly lobbied for government and civil society, with and endorsed by government undertaking shared visioning, stake-holders – to be addressed through information-experience sharing and policy frameworks and reforms. This also cross-fertilisation of ideas culminating meant UNDP successfully assisted in in a collective outcome. building civil society and government co-
Police stall at KP Human Rights Policy Orientation Event in December 2018 to raise awarenss on citizens’ complaints redressal mechanism
24 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 4 - Analysis of Project Impact
In summary, with a focus on the tasked with safeguarding rights is capacity building of duty bearers, intrinsic to sustainable development”. the project’s impact is evident in the This also means that it is essential that implementation of the KP Human duty-bearers are capacitated, inclusive Rights Policy and the resulting steps to and accountable for sustainable strengthen human rights mechanisms, rights based social development of advance new rights-based legislation communities, where all rights holders and an openness to explore a broader (including the most vulnerable or scope of human rights initiatives left behind) can participate, lead and within the government. This impact exercise their agency in affecting and is also visible through the proactive advantaging from the change. Thus, steps taken by the government to UNDP will continue to track emerging increase access to and dissemination trends and positive developments of rights-based data for evidence- towards more inclusive, participatory, based policymaking and program accountable and rights-based design and more effective monitoring governance in KP and across Pakistan of human rights implementation. The with the aim of assessing the impact project’s impact, however, does not on rights-based development and stop at governance. As noted in the the realization of human rights for SDC guidance not on human rights, Pakistan’s rights holders. “strengthening relevant institutions
(July 2016-December 2019) 25 5 KEY PROJECT ACHIEVEMENTS: 2016-2019
Several key achievements stand out over the project period, which have demonstrably contributed to the project’s intended outcome of strengthened rights- based governance in Pakistan and advanced SDC’s human rights commitments as outlined in its guidance note on human rights. These achievements have strengthened human rights policies and legislation, strengthened the capacity of provincial and federal government stakeholders to implement rights-based policies and other human rights commitments, improved human rights data collection and coordination, and increased awareness of rights holders on human rights principles and mechanisms.
The following section provides a brief overview of the activities, outputs and impact linked to each achievement. More detailed reporting on all outputs, activities and sub-activities undertaken over the project period can be found in Annex 1.
5.1 Putting the Human Rights society to identify rights-based gaps Policy at the heart of KP’s in KP’s existing policy landscape. The development framework consultative process ensured that the policy was firmly grounded in the Under the leadership of KP Human provinces social, cultural and political Rights Department, UNDP provided context, and generated ownership on technical assistance on the drafting the part of both government and civil of an inclusive human rights policy society. for KP. The policy was developed through a consultative process The Khyber Pakhtunkhwa Human that engaged government and civil Rights Policy was approved and
Launch Event for the KP Human Rights Policy, Peshawar, May 2018
26 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 5 - Key Project Achievements: 2016-2019
launched in May 2018. The Policy process. He said: seeks to expand the scope and scale of “I consider the development of future provincial departmental actions this Policy as our great collective to ensure basic rights in KP. The Policy achievement. I would like to thank covers the following thematic areas: team of UNDP for providing us technical i. Civil and Political Rights; assistance in development of this ii. Women; Policy. UNDP has been long standing iii. Children; partner of Provincial Government in iv. Transgender Persons; improving rights-based governance v. Minorities; system in the Province. I hope they will vi. Senior Citizens; continue their support to achieve the vii. People with Disabilities; and envisioned goals of this Policy”. viii. Human Rights Defenders. The policy has created an enabling UNDP and the KP Human Rights environment for more pro-Human Department jointly designed a Rights Legislation in KP, including the series of outreach events to raise 2019 Human Rights Defenders Bill. awareness about the policy and support its implementation. Through 5.2 Building the human rights these events, 153 representatives capacity of duty bearers from key provincial governmental Master trainers from 14 line and non-governmental stakeholders departments, selected in the basis of in KP, including 43 women were strong human rights knowledge and sensitized on the policy. 24 officials communication skills, were trained from the Standing Committee on Law, to carry out trainings on provincial, Parliamentary Affairs and Human national, international human rights Rights were also trained on their roles frameworks to district front line as legislators in implementing the officers, ensuring sustainability human rights policy. of this component. To support KP Human Rights Department master trainers, UNDP developed a launched its pro-human rights comprehensive tool-kit for human legislation in May 2018 to rights capacity building, including a representatives from the provincial training manual for master trainers. government, CSOs, media and Over the second and third years of academia. At the launch event, the the project, master trainers supported Minister for Law, Parliamentary Affairs UNDP and the KP Human Rights and Human Rights, Mr. Imtiaz Shahid Department to undertake district Qureshi, was the chief guest. In his level human rights capacity building in speech he commended the support districts across KP. Trainings sensitized of UNDP in the Policy development
(July 2016-December 2019) 27 5 - Key Project Achievements: 2016-2019
district officials on human rights 5.3 Operationalizing Pakistan’s principles, Pakistan’s federal and first Human Rights Information provincial human rights commitments, Management System and the roles that district officials play The KPVP is Pakistan’s first in implementing them, strengthening comprehensive digital information capacity and accountability of key duty management system for human rights bearer institutions in the province. data, designed and developed by Trainings reached a total of 194 district UNDP and its technical partner Bytes officials over this period. for All, through a demand driven and Capacity enhancement on human consultative process that engaged rights was designed and delivered key government stakeholders. for the newly recruited officers of System design was guided by the key the Local Government Department. project partner, the KP Human Rights 51 newly recruited staff, including 7 Department, to overcome observed women, were trained on their duties challenges in the coordination,
Interactive Human Rights Capacity Building Session, Peshawar, February 2018 and obligations regarding the KP collection and analysis of human Human Rights Policy. This increased rights data required for human rights the sustainability of human rights reporting and the effective monitoring capacity building initiatives targeting of human rights implementation. district level officials by embedding The KPVP was launched on 14th May it in the government’s public service 2019 by the Swiss Ambassador and training infrastructure. the KP Human Rights Minister. With
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the aim of formalizing protocols for and advocacy for establishment of the data sharing, 14 line departments and HRIMS. government institutions nominated Identifying the impact of the KPVP focal persons responsible for and consequently the HRIMS, Fazal responding to requests for data and Rehman, Assistant Director IT, uploading data into the KPVP system. Department of Law, Parliamentary Capacity building was provided to KPVP Affairs and Human Rights, Khyber focal persons on KPVP data protocols, Pakhtunkhwa stated: system operation, digital data security “With training and technical support and reporting to international human from UNDP, I am now confidently rights mechanisms. 68 representatives using the Khyber Pakhtunkhwa’s digital of provincial departments were human rights information management trained, including 13 women. Repeat system to collect and analyze provincial and follow-up trainings were delivered human rights data. The system has to account for staffing turnover and to provided a digital alternative to ensure knowledge retention. manually collecting data, making Following the launch of the system and human rights reporting quicker, easier, capacity building, the KP Human Rights and more transparent. Previously I Department and other connected manually collected information and line departments began uploading updates from the focal points in each relevant rights-based data to the line department, often making several system, including data on rights-based trips when the required information policies and legislation, programs and was not right or available. Today, the initiatives undertaken by government province of Khyber Pakhtunkhwa is to protect and promote rights, and a leader in Pakistan in digitization of on the realization of rights by rights Human Rights data.” holders, in particular vulnerable 5.4 Developing Pakistan’s first groups. The Government KP’s inputs national set of national human for Pakistan’s for Pakistan’s Third rights indicators Biennial GSP+ report was consolidated through KPVP, meaning that data was Human Rights indicators in health, collected from line departments and education and social protection, with consolidated using the system. a focus on women’s rights, gender rights and social inclusion, were As a testament to the success of the identified in the third project year KPVP model, MoHR requested UNDP’s though an initiative led by MoHR support to replicate the system for with support from UNDP. Indicators the federal level and in each of the were identified through a bottom-up remaining provinces, with MoHR consultative process that began with leading on provincial engagement
(July 2016-December 2019) 29 5 - Key Project Achievements: 2016-2019
Inauguration of the Khyber Pakhtunkhwa Virtual Platform, Peshawar, May 2019 provincial consultations on human Indicators in the three thematic rights priorities. 180 governmental areas were endorsed at a national and non-governmental human rights workshop on December 12th, 2019 by stakeholders from all four provinces, federal and provincial governmental including 14 transgender persons and and non-governmental human 59 women. rights stakeholders and OHCHR technical experts. Endorsed human In addition to the findings and expert rights indicators will be embedded inputs from the consultative process, in the HRIMS to institutionalize data the list of identified indicators was collection against these indicators. shaped by OHCHR’s human rights indicator methodology27, the Human OHCHR’s Technical Experts, who Rights Based Approach to Data28, were engaged in methodology Pakistan’s SDG targets and indicators design and review of the indicators, and its treaty body recommendations. acknowledged Pakistan’s indicator
27. OHCHR, “Human Rights Indicators: A Guide to Measurement and Implementation” (2012). 28. OHCHR ‘Human Rights-based Approach to Data (HRBAD): Leaving No One Behind in the 2030 Agenda for Sustainable Development’ (2018).
30 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 5 - Key Project Achievements: 2016-2019
development process and its results In his keynote address at the as a global best practice, in line with celebration, the Minister of Law, the Human Rights-based Approach to Parliamentary Affairs and Human Data. The process is set to be profiled Rights, Sultan Muhammad Khan in OHCHR’s 2019 global annual report. stated that:
5.5 Celebrating Human Rights Day “Human rights are principles that in Peshawar, 2019 enable all individuals to live with respect, opportunity, equity and A Human Rights Day Celebration harmony. We believe that respect was held at the Peshawar Archives for human rights will help lift people on December 10, 2019 to celebrate out of poverty and injustice, allow the notable achievements of KP’s them to assert their dignity and human rights institutions, including guarantee sustainable development. the adoption and implementation of The Government of KP is committed the KP Human Rights Policy, and to to upholding those rights as expressed raise awareness on basic rights and in the laws of land and also in the the mechanisms available to protect international human rights instruments them. to which Pakistan is member. We are To raise the profile of Human Rights committed to promote human rights Day, event participants, including the despite enormous challenges faced in KP Minister for Law, Parliamentary this region. The Government of Khyber Affairs and Human Rights, participated Pakhtunkhwa is working towards in a symbolic march for Human Rights this goal and I am thankful to all our in KP’s Civil Secretariat, led by the partners in particular SDC and UNDP to Minister for Human Rights. help us realizing this goal for people of Khyber Pakhtunkhwa.”
Participants listen to the keynote address at the 2019 Human Rights Day Celebration, Peshawar
(July 2016-December 2019) 31 6 MAINSTREAM THE SDGs
Building off the lessons learned from the Millennium Development Goals and internalizing the principles of Rights-Based Development, the Sustainable Development Goals recognize that human rights are essential to sustainable development. The SDGs were developed through a diverse and inclusive consultative process that resulted in a progressive and rights-based framework to guide global development, centred around a commitment to leave no one behind. The SDGs include 17 goals, 167 targets and 232 indicators, of which around 90% of the targets have substantial linkages to human rights, with empowerment, inclusion and equality at their core.29 While several of the SDG goals are relevant to the Devolving Rights in KP project, Goal 5 (Gender Equality) and Goal 16 (Peace, Justice and Strong Institutions) have been consistently mainstreamed and advanced through project activities. Goal 5 recognizes that development can only happen when women and girls are represented, included, given voice and empowered through policy, programming and access to services, which at times requires special consideration and accommodations to achieve equality. Goal 16 prioritizes strengthening institutions and governance systems to ensure they are inclusive and rights-based, acknowledging that strong institutions, which represent and protect the rights of all individuals and groups, fundamentally underpin peaceful and just societies.
Moreover, the project has advanced the SDG’s and their cross-cutting pledge to leave no-one behind, as well as commitments made in the SDC’s Guidance Note of Human Rights and Cooperation, which is firmly grounded in the realization of the SDGs. In particular, this has been done by supporting the Government of KP to collect data that is high-quality, accessible and disaggregated through the HRIMS and human rights indicators. Access to disaggregated and rights-based data allows the government to more accurately understand the specific rights-based needs of vulnerable groups and assess the inclusivity and impact of policies and programs on groups traditionally left behind.
Below is an analysis of how these two goals have been advanced through project activities.
29. UNDP, “Human Rights and the SDGs: Two sides of the same coin,” (July 2019) https://www.undp.org/content/undp/en/home/blog/2019/ human-rights-and-the-sdgs---two-sides-of-the-same-coin.html
32 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 6 - Mainstream the SDGs
6.1 Gender Equality (Goal 5) data collection processes and ensuring that the timing, location The project was and set-up of trainings met the designed ensuring unique needs of the female that gender participants. equality was firmly mainstreamed • Assisted by UNDP, for the across planning, first time in KP and erstwhile architecture and implementation, FATA, a spectrum of women’s supporting progress under SDG rights groups and civil society Goal 5. The project strived to meet organizations converged to its gender equality commitments by synergize, exchange concerns ensuring the inclusion of women’s and ultimately draft the 3rd voices in policy and program design, Cycle Universal Periodic Review women’s representation in events and shadow report. activities, and the mainstreaming of • During consultative workshops gender sensitive and gender specific for the KP Human Rights Policy content in policies and trainings. 2018, the project facilitated in- Specific examples include: depth discussions and analysis • Ensuring that all trainings and on policy and legislative gaps workshops were designed for women’s and transgender and conducted to enhance rights in KP. Project stakeholders awareness of, and undertake remained committed to advocacy for, gender equality improving gender inclusion and women’s empowerment, and equality, resulting in strong including through sensitizing recommendations towards participants on gender issues women and transgender rights and relevant legislation aimed in the KP Human Rights Policy, at addressing gender issues. A including: well-known female human rights ◊ The enactment of legislation expert was central in designing declaring domestic violence and conducting the workshops. an offence; • Inclusion of the cross-cutting ◊ Training of investigation themes of gender equality and officers, prosecutors and gender-based violence (GBV) in trial court judges with a view training resource kits. to improving the process of • Identifying women participants investigation and evidence in each department as key gathering in cases relating informants during trainings and to sexual offences;
(July 2016-December 2019) 33 6 - Mainstream the SDGs
◊ Provision of outreach project facilitated in-depth programs highlighting discussions and analysis on the benefits of primary, human rights priorities in social secondary and higher protection, with a focus on education for girls and social inclusion, gender equality women; and women’s empowerment as well as barriers to access ◊ The Yogyakarta Principles for transgender persons. shall be incorporated Indicators are being integrated in government policies into the HRIMS system and regarding transgender provinces will be supported persons and steps shall be to systematically collect data taken in order to safeguard against them, increasing access the rights and welfare of to disaggregated and rights- transgender persons. based data. • 43 women from government • Operationalization of the departments, civil society, KPVP and the HRIMS have academia and journalists institutionally strengthened received an orientation on Pakistan’s capacity to effectively the KP Human Rights Policy, collect, collate and report on several of whom represented gender disaggregated human provincial thematic women’s rights data – in line with repeated empowerment platforms. treaty body recommendations • 41 women district officials were made to Pakistan. trained on their departments • UNDP, under its awareness and roles and responsibilities in advocacy campaign, designed implementing the human rights a SMS and radio campaign policy over the project period. which specifically addresses the • 31 women from provincial line issue of gender-based domestic departments and 14 members violence (along with child labour of the transgender community and interfaith harmony). contributed to consultations on • Despite a lack of female district provincial human rights priorities officials, resulting in low female and indicators in Lahore (16 representation at the district women), Quetta (9 women and level human rights trainings 14 transgender persons), and and outreach events, a female Peshawar (6 women). district council member in Swat • Identifying human rights committed to organize council indicators in line with the rights- level sessions on human rights based approach to data, the and support her community
34 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 6 - Mainstream the SDGs
in bridging the gap between KP and across Pakistan and citizens and government. This this analysis formed the bases is especially important as it for consultations and policy provides citizens access to development going forward. human rights institutions which • Consultations informing supports the implementation the KP Human Rights Policy of the Khyber Pakhtunkhwa 2018 included civil society Human Rights Policy 2018 at the organizations representing community level. marginalized and vulnerable 6.2 Peace, Justice and Strong groups to ensure their voices Institutions (Goal 16) and perspectives were reflected in the human rights priorities UNDP’s support profiled through the policy. to the KP Human Rights • Thus, the KP Human Rights Department and Policy provides specific other government recommendations to achieve institutions rights promotion for these advanced SDG 16, groups: placing emphasis on the need for the ◊ Ensuring the production and participation and voice of vulnerable dissemination of accurate groups in the rights and development information on minority priorities of the province in order to groups and the specific ensure inclusive and accountable needs from a rights-based policies, institutions and programs. perspective. Provision of This has included advocacy not trainings for government only on the protection of rights of officials to cater to the marginalized groups, but promotion specific needs and provide of their inclusion in economic, social, solutions to challenges faced political and cultural life of the by minorities. Provision of province. Specific examples of how mechanisms and campaigns this was done under the Devolving to promote interfaith harmony Rights in KP project include: and religious tolerance within • The legislative and policy the province. Of note, the gap analysis conducted prior ‘SMS and Radio Campaign’ to initiating work on the KP undertake by the KP HRD to Human Rights Policy included build awareness on rights, a gap analysis of existing policy included specific messaging and legislation protecting the targeted towards interfaith rights of vulnerable groups in harmony and minority rights.
(July 2016-December 2019) 35 6 - Mainstream the SDGs
◊ Access to and effective use of government officials on policy data on senior citizens to guide implementation. All trainings policies and programming. delivered to government officials Implementation of the Senior on the KP Human Rights Policy Citizens Act, implemented emphasized recommendations through the establishment on marginalized groups and of Senior Citizens Councils in the roles and responsibilities of every district. officials to protect them.
◊ Comprehensive protective • Furthermore, a representative legislation for persons with from a minority group, who was disabilities shall be enacted. instrumental in drafting the UPR Additionally, all public shadow report, was selected by buildings shall be equipped the UNDP to be part of the CSO with facilities for disabled delegation participating in the persons. UPR study visit in Geneva in 2017.
• To support awareness of the • Finally, the provincial commitments made through consultations held for the the KP Human Rights Policy identification of human rights on the protection, promotion indicators included the and enforcement of the • Perspectives of marginalized rights of vulnerable groups groups through engagement through more inclusive and with civil society and transgender responsive institution, UNDP persons, ensuring that human supported a series of policy rights data collection accounts orientation sessions and for the priorities of these groups. trainings for legislators and local
36 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 7 CHALLENGES AND LESSONS LEARNT
Over the three-year project duration, UNDP adopted an evidence-based and adaptive approach to implementation, taking stock of challenges to generate learnings and adapt implementation planning and approach. This allowed UNDP to ensure the effectiveness and sustainability of project interventions and develop a set of best practices to mainstream across its rights-based programming, which are now being shared with other UNDP country offices and UN Agencies as global best practices. This section profiles some of the notable challenges encountered during project implementation, as well as the lessons learnt in addressing and overcoming these challenges.
7.1 Lengthy government procedures were addressed by UNDP through a consultative mandate clarification Lengthy and complex government workshop in the first year, through procedures, especially within the which provincial human rights KP Human Rights Department, stakeholders were able to define and posed challenges to the originally agree on their respective roles and conceived project implementation responsibilities in the protection, timelines. UNDP was thus required to promotion and enforcement of develop flexible and realistic project human rights. In response to observed implementation plans to overcome coordination challenges and repeated this challenge. requests for support from the 7.2 Lack of coordination between government, UNDP developed the government departments integrated human rights information management system, the KPVP, and Based on early stakeholder mapping, later the HRIMS, to institutionalize and it was evident that there was a lack of facilitate coordination of human rights clarity on the mandates of government data. institutions working for the promotion and protection of rights in KP. In 7.3 Leadership changes, staff addition, provincial departments turnover, and stakeholder did not have information-sharing participation mechanisms in place to institutionalize Throughout the project period, delays coordination on rights-based in decision-making occurred due to initiatives and data collection, instead government leadership changes, in working in isolation. These challenges
(July 2016-December 2019) 37 7 - Challenges and Lessons Learnt
particular in the position of Secretary institutional memory in the case that of the KP Human Rights Department. one official was transferred. Second, The initial Secretary retired in the first to increase sustainability of trainings, project year, slowing down mid-year UNDP conducted repeat trainings project implementation; while his to reach a wider range of officials at replacement left the position near the different levels in each department/ end of year three, again challenging institution, specifically targeting posts the flow of project implementation. that were less likely to be transferred. Staff turnover at other levels also This helped UNDP to build a base posed a challenge to the sustainability of capacitated individuals, thus of institutional capacity building. For accounting for risks of staff turnover. example, on many occasions, officials UNDP also took several proactive who participated in capacity building steps to ensure full and appropriate were transferred to other positions/ representation of relevant/required departments, thus causing an outflow stakeholders at trainings and of capacity from targeted institutions. workshops, including: (1) conducting In addition, the effectiveness bilateral sensitization meetings with of trainings and consultations senior officials from the relevant – including technical trainings institution to communicate who delivered for KPVP focal persons should participate and how they and consultations on human rights should prepare (in advance of events/ priorities for the identification of initiatives of high importance); (2) human rights indicators – was at requesting institutions to nominate times challenged due to low or relevant focal persons well in advance unsuitable participation (in terms of the event and with specific of seniority level and expertise). guidelines on seniority level and Moreover, there was frequently a lack technical skill required (in written of women nominated by government form); (3) following-up with the institutions to participate in trainings relevant institution once invitations at the provincial and local government had been sent. In addition, gender- levels, challenging the gender-balance sensitive arrangements were made in key interventions. for trainings to minimize barriers to women’s participation. More detail on To overcome these challenges, UNDP steps taken to ensure participation of adopted a participatory and process- women can be found in Section 6.2. oriented approach. First, UNDP built relationships with officials at multiple This is indicative of the overall trend levels in key institutions (i.e. KP Human in Khyber Pakhtunkhwa, where the Rights Department) in order to ensure majority of those working in the public continuity of programming and service are men.
38 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 7 - Challenges and Lessons Learnt
7.4 Sensitivity to rights-based MOUs. In addition, UNDP ensured approaches government engagement and ownership of the system design Based on UNDP’s early experience and oversight process, as well as full in this project, it found that there ownership of the data stored in the was a general lack of awareness of system. Finally, UNDP and its technical rights-based approaches, human partner Bytes for All ensure that the rights principles and international system met the current industry human rights mechanisms amongst standards for data protection and government counterparts in Pakistan. security, providing KPVP focal persons This resulted in uncertainty around with specific capacity building on what was considered a sensitive topic ensuring data security. and, at times, hesitancy to support interventions framed from a rights- Based on strong working relationships based perspective. However, through with both provincial and federal its strategic capacity building and stakeholders, and a focus on demand advocacy efforts, UNDP demystified driven interventions informed by the rights-based approach, focusing government priorities and needs, on institutional and governance UNDP was able to effectively navigate strengthening and linkages to the possible sensitives associated with SDGs. In addition, UNDP worked with supporting rights-based approaches government to set their own human and human rights data in Pakistan. rights priorities, in turn ensuring UNDP has found that by beginning government ownership of the agenda with non-sensitive and requested to strengthen the protection and rights-based initiatives has created promotion of human rights in KP. space within the Government of KP for a broader discussion on the protection, With reference to the KPVP and promotion and enforcement of HRIMS (in KP, Punjab and at federal human rights. This was exemplified level), UNDP also faced initial by the Secretary, Department of Law, challenges in operationalizing the Parliamentary Affairs and Human initiative due to the government’s Rights, at a UNDP-SDC event in concerns surrounding data security February 2020, when he stated that and access to human rights data. UNDP’s support over the preceding To reduce concerns surrounding years resulted in a demonstrable shift data security, UNDP institutionalized in the attitude of the government and cooperation with relevant government its policy towards human rights. stakeholders for KPVP and HRIMS development through the signing of
(July 2016-December 2019) 39 7 - Challenges and Lessons Learnt
7.5 Ensuring inclusivity in These efforts for the continued consultations and other inclusion of civil society perspectives activities has led to a project implementation framework firmly rooted in ground Throughout the project, crucial lessons realities and from the very onset an were learnt in the process of ensuring inclusive approach in the formation of inclusivity while strengthening the KP Human Rights Policy, ensuring rights protection and promotion ownership by departments of their mechanisms. These have led to respective roles and responsibilities. development of a methodology and guidelines in replicating the inclusive However, UNDP has acknowledged approach. and documented what further needs to be addressed in terms of Firstly, a mapping of the relevant creating an environment of trust government and civil society and empowering civil society for its stakeholders was conducted in the systemic engagement throughout the early stages of human rights policy project in consultative processes and development, which helped in other activities. Key in this process was identifying core issues and in tailoring to ensure that a forum is developed the policy development discussion for dynamic and enduring interface to address these issues. Secondly, a between the government and civil core team structure including UNDP society partners. For UNDP, this means and government representatives leveraging on its role as a mediator was established to ensure effective and a convener for synergising and coordination with stakeholders, getting the two sides, that otherwise easing numerous logistical and often have an erratic and asymmetrical outreach elements of the policy interface, in dialogue and deliberation. development process. Further to this, initiating bilateral talks with For this purpose, UNDP developed different government stakeholders – and embedded orientation on Human representing diverse line departments Rights Based Approach (the key role and key civil society representatives of the right holders and duty bearers) including those from the most in pre-consultation discussions marginalised groups – before group and within the consultations, to consultations aided the development successfully enhance receptivity of a broader consensus on the and reciprocity towards each other provincial human rights priorities, amongst the government and civil which formed the structure of the society deliberants. policy.
40 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 7 - Challenges and Lessons Learnt
Stakeholder’s Consultations on KP Human Rights Policy, March 2018
While civil society was engaged in the policy level discussion and it calls for policy development process, through continued advocacy and support. specific consultations, and human However, UNDP hopes that it has been rights priorities from civil society able to create a precedence for the perspectives were collected through civil society to have a more formalized provincial human rights indicators role in other project activities, with the consultations (in some provinces) for aim of strengthening their position a holistic outcome – it goes without within the human rights ecosystem in saying that ensuring inclusiveness KP and across Pakistan. is a dimension that is susceptible to oversight in inter-departmental
(July 2016-December 2019) 41 THE WAY FORWARD – LEVERAGING BEST 8 PRACTICES FOR IMPROVED RIGHTS- BASED GOVERNANCE ACROSS PAKISTAN AND IN THE REGION
Over the duration of the project (2016-2019), UNDP adopted an inclusive and consultative approach to improve rights promotion and protection mechanisms in KP, developing strong rights-based governance systems and institutions in Pakistan’s decentralized governance structure. This has resulted in government ownership of interventions, strengthening the sustainability and guiding the way forward. The achievements during the project cycle have become best practices for rights-based development, both in Pakistan and on a regional scale. Thus, UNDP will continue to work with key government stakeholders to carry these interventions forward, along with adapting and replicating best practices in other thematic areas and projects.
Going forward, SDC will no longer be funding UNDP’s rights-based development initiatives in Pakistan as SDC closed its operations in Pakistan after 50 years in December 2019. However, UNDP is encouraged to report that funding for UNDP’s rights-based governance initiatives have been taken over by the German Ministry of Foreign Affairs (GMFA). As of February 2020, the GMFA began supporting UNDP to undertake a package of human rights interventions on policy development/ implementation, institution strengthening and digitization, and the development of a National Action Plan on Business and Human Rights. With this generous funding, and new/emerging collaborations, the way forward is outlined below.
Going forward, UNDP’s interventions will account for and integrate emerging human rights challenges and considerations related to COVID 19 and any forthcoming global health emergencies. In line with the developing community of practice on the rights-based implications of COVID 19, UNDP will support the Government of Pakistan to mainstream human rights principles in its pandemic preparedness, response and recovery interventions on the levels of policy, implementation and data collection. Initial detail on how this will be done is also included in the below section.
42 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 8 - The Way Forward
8.1 Human rights policy will account for varying provincial development and realities, with the aim of bringing all implementation provinces to the same level in terms of human rights policy development Building off the consultative approach and implementation. Support to to policy development piloted in policy implementation in all provinces the Devolving Rights in KP project, will focus on the intersection between with funding from the GMFA, UNDP human rights and COVID 19 pandemic will continue to work with the response and recovery. This will remaining provinces to support the be done in coordination with the development and implementation of European Union’s (EU) human rights provincial human rights policies. At programme in Pakistan and will focus present, progress in the adoption and the provision of support for policy implementation of provincial human implementation to traditionally under- rights policies varies significantly served districts, including the newly between provinces, with the merged tribal areas (NMAs). Governments of Khyber Pakhtunkhwa and Punjab each adopting human 8.2 Technical and capacity rights policies in 2018, while Sindh assistance to human rights and Balochistan remain at the stage of stakeholders consultations and drafting. As per the National Action Plan on Human Rights UNDP Pakistan will continue to provide 2016, provinces are also required to technical and capacity assistance to the develop implementation or action key human rights stakeholders, both plans that comprise of strategies, governmental and non-governmental. action points and milestones essential In line with the parameters of its to policy implementation. In addition, MOUs30, UNDP will provide technical for the successful implementation and institutional capacity building of provincial human rights policies, support to both the MoHR and it is imperative to strengthen the NCHR at the federal level, ensuring capacity of provincial and district sustainability of achievements under representatives and institutions, this project. In KP, UNDP remains which are ultimately responsible for in close consultation with the KP implementing policy commitments on Human Rights Department, the the ground. Directorate General, as well as the KP Ombudsperson’s Office, in order Thus, UNDP’s support to policy to identify and address areas in development and implementation which additional capacity assistance
30. In 2018, UNDP signed MOUs with the Human Rights Department, Sindh and renewed its MOU with the KP Human Rights Department. In 2019, it signed a landmark MOU with MoHR and an MOU with the Punjab Human Rights and Minority Affairs Department was drafted and is currently under review. In 2018, UNDP signed MOUs with the Human Rights Department, Sindh and renewed its MOU with the KP Human Rights Department. In 2019, it signed a landmark MOU with MoHR and an MOU with the Punjab Human Rights and Minority Affairs Department was drafted and is currently under review.
(July 2016-December 2019) 43 8 - The Way Forward
is required, incorporating the key and its federal consolidation. In lesson of applying a participatory this regard, UNDP will continue to and process-oriented approach support MoHR to establish its own to capacity building interventions. HRIMS31 through technical assistance Additionally, UNDP will continue to in software adaptation and hardware work with the KP Local Governance installation. UNDP will also support School to develop and institutionalize MoHR to engage with provinces on human rights curriculum in in-service the HRIMS, providing them with training. UNDP will also engage technical backstopping to adapt with other provincial human rights and operationalize the software and departments to support the inclusive supporting hardware installation in and rights-based implementation of the provinces. In addition, UNDP will provincial human rights policies and continue to play a coordination role, the strengthening of provincial human bringing together provinces and MoHR rights mechanisms, including building to discuss human rights data and their capacity to receive and respond reporting through its existing Inter- to rights-based grievances related Provincial Coordination Mechanism. to COVID 19 and other global health In March 2020, UNDP coordinated emergencies. All related activities are an Inter-Provincial Work Group on being undertaken in consultation with Human Rights and Data, bringing other development partners, including together the provinces and MoHR to the European Union. share achievements and challenges and coordinate action on governance 8.3 HRIMS operationalization in issues related to human rights and Pakistan data. One of the action points agreed Leveraging the learnings and during this coordination forum was achievements of the KPVP, UNDP continued commitment to identify will provide support to consolidate and operationalize human rights the HRIMS in other provinces and at indicators. Accordingly, MoHR has the federal level. While human rights committed to identifying human rights data collection and management indicators in additional thematic areas, strategies have been developed with technical and capacity assistance for each province, installation and from UNDP, over the coming year. operationalization of the systems Further to this, while significant remains to be completed. As progress has been made in sustainably mentioned, MoHR has taken lead on establishing the federal level HRIMS HRIMS establishment across Pakistan over the project period, the MoHR
31. At the time of reporting, MoHRs HRIMS hardware was installed and the software adaptation was near completion.
44 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 8 - The Way Forward
has identified an additional capacity changing the human rights landscape gap linked to systematizing and in Pakistan, exacerbating existing institutionalizing the reporting process, rights challenges and creating new engagement with international ones. In this context, access to human human rights mechanisms and rights data will play an essential role in follow-up on implementation of informing government response and treaty body recommendations. In recovery efforts, to ensure that they view of this, MoHR has prioritized meet the needs of the most vulnerable the establishment of a National and account for the prevailing human Mechanism for Reporting and Follow- rights challenges. up (NMRF) in 2020. Developed through As such, UNDP will facilitate MoHR a set of guidelines and best practices to use the HRIMS for improved promoted by OHCHR, NMRFs are coordination and access to human defined as institutional mechanisms rights data in a range of social and to formalize human rights data economic thematic areas most relevant coordination, reporting, and follow- to the impact of COVID-19. As a first up on recommendations. At present, step, UNDP and MoHR will conduct MoHR is working with UNDP and UN a comprehensive review of existing OHCHR towards this milestone. human rights indicators to develop an 8.4 Supporting rights based and annex of COVID-19/pandemic specific data-driven COVID-19 response indicators to measure government and recovery efforts: preparedness, inclusive response capacity and impact of COVID-19 from The current outbreak of COVID-19 a rights-based perspective. In line has significantly impacted the lives of with UNDP’s existing work on human the people in Pakistan. A rapid socio- rights indicators, it will support federal economic assessment undertaken and provincial governments to adopt by UN agencies, coordinated by identified human rights indicators UNDP Pakistan on behalf of the (including COVID-19/pandemic specific Government of Pakistan has found indicators) into their monitoring that vulnerable populations and and evaluation frameworks and disadvantaged communities such systematize data collection through as daily wage earners, those living the HRIMS. As a result, MoHR and and working in the informal sector, provincial human rights departments women, and transgender persons will be able to more effectively oversee are likely to suffer disproportionately and advocate for rights-based and from the outbreak of the disease. In data-driven response and recovery effect, the COVID-19 pandemic, and measures. the resulting complex emergency, is
(July 2016-December 2019) 45 8 - The Way Forward
8.5 Replicating HRIMS and best Recommendation Tracking Database practices in rights-based (NRTD) System. For its part, the governance in the region NRTD is a generic digital information management system operating at UNDP Pakistan is now collaborating the national level (in target countries with the OHCHR to strengthen human where it has been installed) to rights data collection and reporting in facilitate the recording, tracking and other target countries in the region. reporting on the implementation of UNDP and OHCHR are coordinating human rights recommendations to with potential development partners reduce the respective states’ reporting regarding funding opportunities, in burden. The proposed initiative will particular SDC. The agencies jointly benefit from OHCHR’s normative presented the proposed initiative leadership and the NRTD model and to senior management from SDC, UNDP’s HRIMS, which is tailored to including through a presentation in devolved governance structures, and November 2019 in Bern, Switzerland. its extensive in-country presence. The proposed joint initiative will Under this initiative, participating leverage UNDP Pakistan’s pioneering countries will receive a comprehensive experience and expertise of human rights institution strengthening developing and operationalizing the package that will include the HRIMS and developing contextualized establishment of a digital information human rights indicators in a complex management system that builds off the and devolved federal system like strengths of both UNDP and OHCHR Pakistan, and OHCHR’s own National systems (titled the NRTD+ system), as
MOU signing celebration with MoHR and UNDP, Islamabad, March 2019
46 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report 8 - The Way Forward
well as support for the development “While Pakistan continues to face of national human rights indicators Human Rights challenges, there are (which will be embedded in the significant improvements taking place system), capacity building of national in terms of strengthened legislation, and sub-national institutions (human inclusive government programming, rights stakeholders using the system), and improved rights-based outcomes and support to national human rights for Pakistan’s diverse populations, mechanisms (which provide oversight including women, children, of effective data collection and human transgender persons, ethnic and rights implementation more broadly). linguistic minorities. The Ministry (of In each country, the NRTD+ will be Human Rights) has been working with tailored to the country’s governance UNDP since 2017 to develop a Human structure and priorities. The proposed Rights Information Management interventions will serve to strengthen System (HRIMS), which allows the human rights coordination, data government to effectively measure the collection and reporting, increasing rights environment and assess progress access to accurate data on human being made by duty bearers across rights implementation for evidence- Pakistan. Through the introduction of based policy making, planning and the HRIMS, the Government of Pakistan reporting. All interventions will will achieve substantive capacity to be delivered in consultation with, introduce rights-based approaches in accounting for and complimenting its policies and programmes to address the work of OHCHR and UNDP at the rights challenges. As this system shall international, regional and national complement data bases associated levels. with SDGs, HRIMS can ensure that no one is left behind, in line with the The achievements of the ‘Devolving Government’s commitment to the Rights in Khyber Pakhtunkhwa’ Sustainable Development Goals.” project, as well as an outlook to the way forward for Pakistan, can be summarized in this quote by Rabiya Javeri Agha, Secretary, Ministry of Human Rights, Pakistan:
(July 2016-December 2019) 47 ANNEX 1 – DETAILED SUMMARY OF PROJECT ACTIVITIES
Output 1: Development and data collection and sharing and future Improved Implementation of rights- collaboration, with each department based policies and legislation delivering presentations highlighting their roles and responsibilities. This Activity 1.1: Stakeholder mapping resulted in all parties agreeing to Developing a stakeholder matrix improve collaboration and the KP In the first project year (2016-2017), key NCHR offered to serve as a focal point. government and non-governmental Baseline review of existing policy and human rights stakeholders were legal frameworks and institutional identified to determine the scope of capacity of key human rights their roles and responsibilities in the stakeholders province. Initial consultations with Following the mandate clarification key stakeholders revealed that the workshop, a baseline review of existing concerned government institutions provincial policy and legal frameworks did not have clearly defined roles and was conducted in the first year of responsibilities in the post-devolution the project cycle to identify relevant context. Their functions were, national and provincial legislation therefore, subject to duplication and on fundamental rights, including ambiguity. To address this issue, UNDP the Protection Against Harassment held a mandate clarification workshop of Women Act (national, 2010), the on 9-10 November, 2016 for key Khyber Pakhtunkhwa Harassment stakeholders including representatives of Women at the Workplace Act from the KP Human Rights (KP, 2017), KP Senior Citizens Act Department, NCHR (KP), Directorate (2014), and the KP Prohibition of of Labour, Child Welfare Commission, the Employment of Children Act Directorate of Human Rights KP , KP (2015).33 This process also involved Regional Directorate of MoHR, Human an institutional assessment of the key Rights Cell of the Peshawar High provincial government stakeholders Court, the Social Welfare Department responsible for implementing and various CSOs. Issues discussed in existing rights-based legislation (KP the workshop included human rights
33. The full list of legislation reviewed for the drafting of the policy can be found on pages 5-6 of the KP Human Rights Policy (2018).
48 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report Annex 1 – Detailed Summary of Project Activities
Departments of Human Rights, Social stakeholders. The questionnaires Welfare; Special Education and Women gathered information on existing Empowerment). The assessment departmental efforts to promote found that, in particular at the local human rights, availability of resources government level, there was a lack of to implement respective mandates, clarity on the roles and responsibilities and implementation impediments of line departments in implementing faced by the departments. Follow- rights-based policies and legislation. up interviews were also conducted The findings from both the policy with key stakeholders in the relevant review and institutional assessment departments. informed the policy development In the final round of consultations on process and subsequent capacity 26-27 March 2018, CSOs, development building initiatives, which focused on partners and other United Nations local government capacity building. agencies were requested to provide Activity 1.2: Policy Development feedback to the government to further prioritize human rights thematic Consultations for the development areas requiring special attention in of a Human Rights Policy for Khyber the human rights policy and suggest Pakhtunkhwa actionable recommendations for the In the second project year (2017- realization of rights in these thematic 2018), UNDP conducted a series of areas. The consultations resulted consultations with key provincial in an endorsement of the priority governmental human rights thematic areas as well as specific stakeholders and civil society to recommendations linked to each ensure evidence-based drafting of thematic area. the human rights policy for KP. In the first round of consultations (held on The result of the consultative, inclusive 19 September 2017 for government approach taken throughout the policy and on 20 September 2017 for CSOs), development process is twofold: first, UNDP gathered feedback from it ensured the KP Human Rights Policy provincial human rights stakeholders is fully tailored to the social, cultural, on potential gaps in the existing political and governance requirements human rights legislation and policies. of the province; and second, it raised The second round of consultations awareness among duty bearers spanned from mid December 2017 of their roles and responsibilities through January 2018, and was led by and created joint ownership of the a core group of representatives from resulting Policy. The consultations also the KP Human Rights Department and created a sense of ownership amongst UNDP who designed and circulated CSOs and development actors, as tailored questionnaires to relevant important stakeholders in KP human provincial government human rights rights progress.
(July 2016-December 2019) 49 Annex 1 – Detailed Summary of Project Activities
Policy Drafting and Endorsement Minister of KP endorsed the KP Based off the findings from this wide- Human Rights Policy, which was tabled ranging consultative process, in the before the Provincial Cabinet and was second project year, priority areas for formally approved and launched on 17 a draft policy were agreed and relevant May 2018. recommendations were formulated by Activity 1.3: Policy implementation the KP Human Rights Department with technical assistance from UNDP. The Launch of KP’s Human Rights Policy policy addressed the following human Following the approval of KP’s first rights thematic areas: Human Rights Policy, the KP Law, Parliamentary Affairs and Human i. Civil and Political Rights; ii. Women; Rights Department, with the assistance iii. Children; of UNDP, organized a launch event in May 2018. The event was attended iv. Transgender Persons; by representatives from civil society, v. Minorities; academia, and journalists, as well vi. Senior Citizens; as government officials from line vii. People with Disabilities; and departments, NCHR KP Branch, viii. Human Rights Defenders Regional Directorate of MoHR, KP Ombudsperson’s office. The approach of organizing policy Through the formal launch of the KP recommendations in thematic Human Rights Policy, the Government groups was aimed at ensuring that of KP publicly demonstrated its government actions resulting from the commitment to meeting Pakistan’s policy responded to the disaggregated obligations to international and group-based needs in KP. As a human rights instruments and to result, the policy provided steps to implementing its provincial human ensure that rights promotion and rights policy, in line with Pakistan’s protection and enforcement was constitutional provisions and strengthened across the board, with domestic laws. Through a participator no group left behind. and inclusive approach to policy As a final step in the review of the development and endorsement and draft policy, it was uploaded on the the context-specific and disaggregated websites of the Law, Parliamentary policy design, the KP Human Rights Affairs and Human Rights Department Policy was positioned as the central and the DHR for public feedback. provincial framework to guide rights- Simultaneously, the draft policy was based development and governance also reviewed by UN technical experts. initiatives in KP, outlining a clear set of After useful feedback from the public recommendations for strengthening and UN technical experts, the Chief human rights promotion, protection
50 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report Annex 1 – Detailed Summary of Project Activities
and enforcement to reach the most human rights conventions, the vulnerable groups in the province. constitution of Pakistan, and national and provincial rights-based policies Human Rights Policy Orientation and legislation), with a focus on the Event new Human Rights Policy and its Following the successful launch of the implications for legislators. UNDP KP Human Rights Policy in May 2018, decided to organize these trainings UNDP held a Human Rights Policy in the final reporting year to align it Orientation event in December 2018 with the federal election, with the aim for key governmental human rights of reaching newly elected provincial stakeholders from the province, in assembly members, thus increasing addition to civil society, academia and the sustainability of the activity. journalists. By bringing together key Members of the newly appointed governmental and non-governmental KP Standing Committee on Human stakeholders, UNDP intended to Rights participated in a two-day sensitize relevant actors and to get interactive workshop on their roles their buy-in for the implementation of and responsibilities as legislators in KP’s Human Rights Policy. The diversity the implementation of KPs Human of groups present in the orientation Rights Policy. The workshop served session was indicative of the need for as an opportunity to discuss ways in sensitizing stakeholders at the grass which parliamentarians can advance root level to enable them to better serve the implementation of the KP Human citizens in line with the governments Rights Policy and recognize areas human rights commitments and where additional legislative work and obligations, formalized in the Human capacity development for effective Rights Policy. implementation of policies and Capacity building of Standing legislation was required. Through Committee on Law, Parliamentary workshop activities, participants Affairs and Human Rights on highlighted the rights of women and national and international human encouraging women’s participation rights frameworks in the workforce, the rights of senior citizens and youth empowerment The project also engaged KP’s Standing as key areas where further rights- Committee on Law, Parliamentary based legislation was required, Affairs and Human Rights in a training along with support to the effective on international and national human implementation of all rights-based rights frameworks (i.e. international legislation.
(July 2016-December 2019) 51 Annex 1 – Detailed Summary of Project Activities
Output 2: Strengthened capacity and and role of Khyber Pakhtunkhwa in coordination of national and sub- implementing international treaties national human rights institutions ratified by Pakistan as member state. This training also created appetite Activity 2.1 – Capacity Building for further in-depth trainings on on International Human Rights human rights which were organized Mechanisms periodically over the project period. Training on fundamental rights post Trainings on the UPR System 18th Constitutional Amendment In November 2017, the United Nations Following the institutional assessment Human Rights Council was conducting undertaken in the first year of the the Universal Period Review of project, UNDP aimed to improve Pakistan. In this context, the UNDP key governmental human rights conducted two training sessions on stakeholders’ understanding of basic UPR reporting for administrative line rights, laws, policies and the reporting departments and CSOs, to support capacity of government officials in KP line departments in effectively institutions dealing with human rights. compiling and submitting the UNDP organized a three day training provincial portion of the third cycle of of trainers (ToT) on Fundamental, the UPR to the federal government. Rights Laws and Policies from 17- The first training, conducted on 19 January 2017, for the KP DHR, 15-16 November 2016, focused Right to Information Commission, KP on functionality, goals, content, Human Rights Department, Peshawar submission and review mechanisms, Service Tribunal, KP Police, Social as well as rights-based data collection Welfare Department, Directorate and interdepartmental coordination. of Reclamation and Probation, The second training, conducted on KP NCHR, Home Department 27-28 February 2017, focused on (Prosecution Branch), KP Secretariat, analysing rights-based data with a Directorate of Labour, Directorate view to the UPR and international of Social Welfare, and CSOs such human rights treaties and technical as Shirkat Gah, BlueVeins and knowhow on compiling a provincial Khwendo Kor. The training provided report in line with the UPR format and theoretical and practical knowledge technical reporting guidelines was. 42 on human rights issues through participants, including 9 women were interactive exercises, group work trained in the UPR system, allowing and presentations. Through this, the Government of KP to fulfil its UPR 26 participants, including 4 women, reporting obligations to the Federal were trained on fundamental rights Government. As a result of these leading to enhanced understanding trainings, the Government of Khyber on international reporting obligations
52 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report Annex 1 – Detailed Summary of Project Activities
Pakhtunkhwa was able to submit its rights mechanisms and Pakistan’s portion of the UPR report timely and treaty obligations. In response to this KP was recognized for its high quality finding, UNDP organized a three-day and timely reporting by MoHR at an introductory training for officials from inter-provincial meeting on the UPR. provincial line departments on human rights principles and international Establishing a Human Rights human rights mechanisms from 28- Reporting Unit 30 November 2016. The objective UNDP supported the KP DHR in was to raise participants’ awareness establishing a reporting unit during of Pakistan’s international obligations the first year of the project (2016- and build the capacity of officials 2017). This involved supplying in supporting the government the DHR with information and to meet Pakistan’s obligations to communications technology (ICT) periodically report to thematic treaty equipment to digitize day-to-day bodies on progress in human rights tasks. The reporting unit, along with implementation and respond to the planning of a comprehensive recommendations made by these management information system treaty bodies. Consequently, 43 (MIS), provided technical assistance to participants, including 10 women from the KP DHR, filling key capacity gaps 15 line departments, were trained on outlined through UNDP’s institutional the treaty body reporting system and assessment and helped DHR in were capacitated to support provincial digitizing their manual paperwork. governments in implementing its 18th The support was reinforced with Constitutional Amendment roles and series of trainings for staff of DHR responsibilities with regards to human resulting in more transparent and rights protection, promotion and timely addressing of complaints enforcement. through the Directorate’s complaints response mechanism, building citizens Activity 2.2 Capacity Building of Local awareness and use of the government’s Government Officials human rights institutions, which is an Training of trainers: Fundamental important benchmark in rights based rights, laws and policies of KP governance at the provincial level. The assessment undertaken by Trainings on the treaty body UNDP in the first year of the project reporting system highlighted significant capacity gaps The preliminary institutional at the local government level with assessment undertaken by UNDP regards to human rights principles and identified that KP line department Pakistan’s national and international officials had a notable gap in human rights obligations. Thus, knowledge on human rights in the second project year, UNDP principles, international human prioritized capacity building of
(July 2016-December 2019) 53 Annex 1 – Detailed Summary of Project Activities
district level officials from KP line assessed during the first training. The departments with a human rights two-day follow-up workshop focused mandate. To ensure sustainability of on enhancing the communication the capacity building interventions, skills of trainees and techniques UNDP designed trainings for master for the design and moderation of trainers, who would be tasked with the trainings and workshops, providing training to district front line officers. them with the tools to deliver future UNDP developed a resource kit and district level trainings. human rights training modules for During both these sets of trainings, these master trainers. The resource participants were asked for feedback kit was designed as a learning guide, on the training curricula. The results in containing information on human figure 1 indicate that most participants rights principles and frameworks and (44%) ranked the training curricula as institutional mechanisms used at the excellent in the initial training period. provincial, national and international This result further improved with the levels to protect rights. After second period of trainings, whereby developing the kits, in the first year of 53% of the participants evaluated the the project, UNDP organized a two-day training as ‘excellent’ and 47% of the training on 18-19 April 2017 for district participants thought it was ‘good’. attorneys, who were capacitated to serve as master trainers for other district officers. This training was Figure-1 attended by district attorneys, deputy Training programme evaluation (2016-17) district attorneys and KP DHR officials. Resultingly, district attorneys from 10 districts and officers of DHR were 8 trained by UNDP to become master trainers on human rights mechanisms and legal frameworks in KP. 77 44 In the second year of implementation (2017-2018), UNDP selected 14 of the original master trainers and provided them with ‘Enhanced Communication 78 Skills’ training on 8-9 August 2017. This batch included two female trainers and the selection was based on their pre- and post-training assessments Excellent Good and observed communication skills, as Satisfactory Not Rated
54 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report Annex 1 – Detailed Summary of Project Activities
Figure-1 representatives of District Health Training programme evaluation (2017-18) Office, District Police Office, District Prosecution Office, District Education Office and District Administration. Participants received training on:
1. Human Rights Legal Framework in KP, with comparison to 47% national legal framework; 53% 2. International Laws and Pakistan’s obligations under the International Human Rights Conventions; 3. International Treaty Bodies and institutional mechanisms to Excellent Good monitor state compliance and domestication of international Along with this, pre and post-training Human Rights standards. evaluations were also carried out to In the second year of the project assess whether there had been an cycle, officials of three districts were improvement in participants’ technical trained: D.I. Khan (29-30 August 2017), knowledge. Results showed that in Abbottabad (16-17 October 2017), the first year of the project, 38.6% of and Peshawar (29-30 November participants reported an ‘outstanding’ 2017) reaching a total of 90 district enhancement in knowledge of officials. In the final project year, fundamental rights, and this figure UNDP and the KP Human Rights increased to 43% in the second = year. Department expanded the district Training of district officials training programme to new districts, targeting officials across south, central UNDP, in consultation with the KP and north KP. Hence, three trainings Human Rights Department, designed were delivered in Bannu, Swat, and capacity-building trainings for officers Chitral, where district officials from at the district level. The aim of the Bannu, Lakki Marwat, Kara, Tank, trainings was to raise participants’ Swat, Malakand, Lower Dir, Kohistan, awareness regarding legal frameworks Shangla, Upper Dir and Chitral and rights mechanisms present in participated. District trainings in the the province. The district trainings final project year reached a total of 104 were jointly facilitated by UNDP, the district officials. In trainings delivered KP Human Rights Department and in the final project year, there was district master trainers (discussed added focus on the newly approved on page 54), and were attended by KP Human Rights Policy and the roles
(July 2016-December 2019) 55 Annex 1 – Detailed Summary of Project Activities
and responsibilities of district officials rights principles and mechanisms. in its implementation. As a result, Second, it ensured sustainability of the participants were empowered the provincial capacity of duty-bearing and capacitated to be effective institutions by creating a cadre of human rights duty bearers and more officials with the skills to transfer this effectively meet the province’s human knowledge to entry level officials at rights commitments, in line with the district and provincial levels. KP Human Rights Policy and Pakistan’s Activity 2.3: Strengthening collection international treaty commitments. and coordination of rights-based data Human rights training through Local Consultations on human rights data Governance School collection UNDP held a training session in As a result of the 18th Amendment, the Local Governance School for provinces became responsible for newly recruited staff of the Local systematically compiling information Government Elections and Rural for national reporting on the seven Development Department. The 51 core human rights conventions to trainees represented three cadres - 40 which Pakistan is signatory, the from Administration including seven 27 treaties included in the GSP+ women; four from Engineering and arrangement with the EU and on seven from Accounts. The training progress on recommendations from sensitized trainees on the implications Pakistan’s UPR. In November 2017, of the KP Human Rights Policy for local UNDP held a consultation session governance administration, which with relevant line departments on would become part of their duties and existing human rights data collection, obligations when they are assigned coordination, sharing and reporting offices after completion of the in- processes. The consultation allowed service training course. Additionally, at UNDP to gather information on the the request of the Local Governance practical challenges faced at the School, UNDP is currently working provincial level related to rights-based to institutionalize the human rights data collection, which is essential to training programme by adding human the effective monitoring of human rights material into its existing training rights implementation and reporting module. At the time of reporting to international human rights the training manual was under mechanisms. development. The consultations demonstrated Overall, human rights capacity building that line departments lacked human through the Local Governance School and material resources to effectively impacted KP departments and officials collect, share and archive human rights in two ways. First, it facilitated direct data, and that concerned officers knowledge transfer on basic human
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lacked knowledge of human rights Annex 2 for a detailed critical path principles and the international human followed in the design of the system. rights system of treaty ratification Building off the findings from the and treaty body reporting. Based on consultations on human rights data these findings, UNDP understood the collection (preceding activity) and need to strengthen coordination and feedback from the KP Human Rights capacity of line departments working Department, the KPVP software was on human rights issues in order to designed as a centralized system for improve human rights data collection, data collection and storage, virtually and the monitoring of human linking relevant line departments/ rights implementation. As a result, TIC members (who act as data provincial stakeholders and UNDP generators) with the KP Human identified the important role that a Rights Department (which acts as specially designed digital information the provincial data consolidator for management system could play to human rights reporting). Responding address these challenges. to observed capacity gaps at the Development of the Khyber provincial level, the software was Pakhtunkhwa Virtual Platform designed to improve data collection To support implementation of rights- on human rights as well as reporting based policies and programs and from the provincial to the federal level, strengthen rights promotion and which was a milestone achievement protection mechanisms in KP, including in strengthening the capacity of local the KP Treaty Implementation Cell administration to implement the KP (TIC), UNDP and technical partners Human Rights Policy and international Bytes for All supported the KP Human human rights obligations. With a Rights Department to develop a simple and highly visual dashboard pioneering human rights information that provides a snapshot of reporting management system ; officially titled deadlines and progress, the software the “Khyber Pakhtunkhwa Virtual allows for detailed data collection Platform” (KPVP). The system was that can be tallied against reporting designed through a consultative requirements and achievements, process that engaged the KP Human presenting summary analysis for easy Rights Department and DHR in the access by government stakeholders. review and revision of the structure Figure 2 provides a screenshot of the and operation of the prototype system KPVP dashboard. to enhance utility and usability. See
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Figure-2 KPVP Dashboard with dummy data (2019)
The KPVP was designed such that upload rights-based data against data entered into the system is reporting deadlines, treaty body organized in the framework of the recommendations, SDGs and UPR seven core conventions to which recommendations and makes users Pakistan is a signatory. The system aware of the type of data required. prompts relevant departments to
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The data collected from the KPVP can and UPR, as well as the SDGs) and be used in policymaking as well as for respond to requests for data from awareness raising activities. the KP Human Rights Department by uploading appropriate information Installing the Khyber Pakhtunkhwa into the system. First, a two-day Virtual Platform training, from 11-12 April 2019, In the third year of project was held for focal persons covering implementation (2018-2019), UNDP provincial rights reporting obligations supported the installation of the in their respective departments and KPVP to strengthen data collection KPVP data protocols (data feeding and reporting capacities of the techniques specific to the KPVP Government of KP. Following the software, including collection and installation of KPVP hardware and reporting of data in line with the software in the KP Human Rights rights-based approach to data which Department, the Department notified prioritizes the collection of gender all concerned line departments to disaggregated data). Second, the appoint a focal person responsible focal persons received a three-day for feeding departmental data into training from 30 April to 2 May 2019 the KPVP system. All line departments on digital security in the context notified a focal person responsible of KPVP operations. Further to for feeding data into the system, and this, UNDP facilitated UN OHCHR they were provided the software and technical experts to deliver a week- hardware necessary to use the KPVP long capacity building session on system. This was a key milestone in “Reporting to International Human formalizing the operations of the KPVP. Rights Mechanisms” to further expand The KPVP was formally inaugurated in and institutionalize departmental May 2019 by the KP Minister of Law, awareness on human rights reporting Parliamentary Affairs and Human obligations and processes. Provincial Rights in the presence of the Swiss representatives from departments Ambassador, SDC Representatives that make up provincial TICs and UNDP. participated in the OHCHR training.
Operationalizing the Khyber Finally, UNDP supported the KP Human Pakhtunkhwa Virtual Platform Rights Department, as host of the Subsequently, UNDP, with the help KPVP, to sustainably operationalize the of their technical partner Bytes for system by placing a technical expert All, designed and delivered a training in the Human Rights Department programme for KPVP focal persons over a six-month period. The expert in order to enable them to better assisted all concerned departments in understand the international human data uploading, trouble-shooting any rights mechanisms to which Pakistan emerging challenges, and ensuring is required to report (i.e. treaty bodies the effective institutionalization of
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data protocols. As a result, the Khyber key federal implementation partner. Pakhtunkhwa Virtual Platform was As preliminary steps in this process, officially inaugurated by the KP Human collaboration was formalized through Rights Department on May 14, 2019. the signing of an MOU between MoHR and UNDP in March 2019, Activity 2.4: Capacity building to the KP and UNDP (with its technical partner Provincial Ombudsperson’s Office B4A) undertook a detailed Technical At the request of the Khyber Capacity Assessment of MoHR. The Pakhtunkhwa Ombudsperson for assessment mapped existing rights the Protection Against Harassment data collection, consolidation and of Women in the Workplace, UNDP analysis practices of the federal provided technical support to the and regional branches of MoHR to Ombudsperson’s office to capacitate understand its capacities and gaps its representatives at the level of local and inform UNDPs support towards government in a training held on 23 the development of a federal digital April 2019. With the establishment of data management system and human the Ombudsperson’s office, district rights indicators (both discussed in attorneys were designated the role detail below). The findings of the of pro-bono lawyer for the Office of assessment were shared with MOHR the Ombudsperson in their respective through a series of briefings from districts, and district social welfare June-August 2019. officers were designated the role of a Expanding the HRIMS to other referral office for the Ombudsperson’s provinces and the federal office in their respective districts. government The orientation session helped newly designated officers of the Based on the observed successes of the Ombudsperson’s office in discharging KPVP approach and system, MoHR and of their duties effectively and in line other provinces in Pakistan requested with human rights principles and that the KPVP be expanded to develop commitments under the KP Human an integrated national human rights Rights Policy. information management system. For this purpose, in the third project year, Activity 2.5: Building the National UNDP assisted provincial and federal Human Rights Data Ecosystem institutions to adapt and replicate the Technical Capacity Assessment of KPVP system across Pakistan, under MoHR the title the Human Rights Information Management Systems (HRIMS). Under In the final year of the project, this sub-activity, UNDP provided in- UNDP expanded its rights-based depth orientation sessions and held governance support, with a focus consultations with MoHR on the on human rights data digitization, to KPVP and the proposed approach for the federal level, with MoHR as the
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adapting the system at provincial and human rights data ecosystem. federal levels. As a result, MoHR agreed Development of a national to take a leadership role in adapting strategy for human rights indicator the system to the federal level, under development the name Human Rights Information Management System, and engaging UNDP and MoHR jointly developed with the provinces to advocate for a national strategy for human rights their effective operationalization of indicator development over 2019. In the system. line with the Human Rights-based Approach to Data34 and the OHCHR UNDP also facilitated orientation Human Rights Indicator Handbook35, sessions in Punjab, Sindh and the use of relevant human rights Balochistan in 2018 and 2019 on the indicators increases access to KPVP experience and HRIMS. These accurate and disaggregated human sessions provided an opportunity to rights data and increases government share the design, implementation and accountability to report on rights lessons learned from the KPVP with implementation. MoHR selected three provincial departments responsible thematic areas for the first phase for human rights, and gather of indicator identification: health, information on how the HRIMS would education and social protection, with a need to be adapted to the provincially focus on women’s rights, gender rights specific governance structures, and social inclusion. In May 2019, capacities and needs. As a follow-up MoHR and a core group of federal to initial orientation sessions on the ministries and rights institutions KPVP, the Punjab Minister of Human approved the critical path and Rights and Minority Affairs requested approach for indicator development UNDP to provide a detailed briefing on in the three identified thematic the HRIMS to the Minister and other areas. The approved approach was counterparts in March 2019. in line with Pakistan’s decentralized Further to this, in its 2019 budget, structure, using a bottom-up MoHR successfully requested funding consultative process, beginning with for specialized technical positions to provincial level consultations in order manage the national HRIMS and has to capture provincial human rights received funding for 10 positions for needs, challenges and priorities, the forthcoming 3 years. This is an followed by federal level consultative important milestone in strengthening review with government and technical and institutionalizing the national experts, and a national endorsement
34. In 2018, OHCHR released the ‘Human Rights-based Approach to Data (HRBAD): Leaving No One Behind in the 2030 Agenda for Sustainable Development’, focusing on issues of data collection and disaggregation. 35. OHCHR 2012, Human Rights Indicators: A Guide to Measurement and Implementation.
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workshop bringing together federal provincial government stakeholders and provincial stakeholders. define and measure progress in human rights implementation. Identification of Human Rights Indicators Output 3 - Increased awareness In line with the agreed methodology, in of human rights principles and the final year of the project, beginning protection mechanisms in May 2019, UNDP and MoHR jointly Activity 3.1: Civil Society awareness led the process to identify human raising rights indicators. The process began with provincial level consultations Provincial seminars on fundamental on human rights planning, priorities rights legislation and challenges in the areas of health, In the first year of project education and social protection. implementation (2016-2017), UNDP Provincial consultations took place in organized a one-day seminar, each province between June-October detailing the situation of human 2019, jointly led by UNDP and MoHR. rights in the post-devolution context Provincial priorities were synthesized for relevant stakeholders, including and transformed into a longlist of CSOs. The aim of this workshop indicators, which was internally was to raise awareness amongst reviewed by a technical team that government offices and CSOs on basic considered: the OHCHR indicator human rights, as well as to discuss methodology, the rights-based challenges and recommendations approach to data, Pakistan’s SDG to help government in protecting, targets, and Pakistan’s international promoting and enforcing human human rights commitments. The rights in the province. Participants resulting list of indicators were then in the seminar recommended reviewed, revised and endorsed over UNDP to design capacity building two national indicator workshops (21 trainings to sensitize government November and 12 December 2019), functionaries on international which engaged federal ministries, reporting obligations post the 18th thematic experts, provincial Constitutional Amendment. It was also governments and OHCHR technical recommended that frequent dialogues experts. The endorsed list of indicators between key governmental and non- in three thematic areas was shared governmental stakeholders would with MoHR in January 2020. It was lead to clarity in roles of concerned agreed by MoHR that the indicators stakeholders working for human would be embedded in the HRIMS rights in the province. On the basis of and serve as a framework to guide these, and other, recommendations, human rights data collection, support the DHR committed to devise a human
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rights capacity building strategy for reporting on the implementation government stakeholders and develop of human rights, violations and a corresponding training manual. The vulnerable groups, to protect both seminar also helped in clarifying the the rights of journalists and those role of various stakeholders working they are reporting on. The session on human rights in the province. engaged representatives from Voice of America Urdu, Voice of America Consultation for UPR Third Cycle (Pashto), Australian Radio (Special Shadow Report Broadcasting Services), DEWA, With the aim of contributing to Radio Pakistan, Pakistan Television, Pakistan’s third UPR review in 2017, ARY and GEO news network. As a two workshops on 27-18 February result of the interactive discussion, 2017 and 14-15 March 2017 were participants established a framework conducted in the first reporting year for for a rights-based code of conduct civil society representatives (from local for media, which included several organizations working extensively on thematic areas including reporting on rights issues) from KP and erstwhile children, reporting on gender-based FATA. The workshops focused on the violence, reporting on human rights process and technical report writing defenders, to name a few. To ensure guidelines for civil society to submit sustainability for this sub-activity, shadow reports to the UPR system. As UNDP agreed to assist district media a result of the workshops, for the first houses to finalize and adopt a human time, CSOs from KP and erstwhile FATA rights media code of conduct, based were able to submit a shadow report off the framework developed in the to the Office of the United Nations November consultations. High Commissioner for Human Rights during the third cycle of Pakistan’s Activity 3.2: Support to the KP Human UPR. This created a precedent for civil Rights Directorate/Directorate General society groups to engage, synergize to raise awareness on human rights and systematically raise their concerns Outreach strategy development at relevant forums. In the second project year (2017-2018), Training on rights-based reporting to UNDP provided technical assistance media in KP to the KP Directorate of Human UNDP delivered a training session Rights in designing and implementing for senior journalists from print a mass outreach campaign. The and electronic media and the press objective of the campaign was to association in KP on 8 November 2018. improve awareness of available rights The training sensitized participants mechanisms in KP, in place to address on the KP Human Rights Policy and human rights grievances and hold involved an interactive discussion duty bearers accountable. A series of on rights-based approaches to workshops were held in August 2017
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with the KP DHR to outline an outreach outreach strategy, in 2017-2018, strategy, develop advocacy materials UNDP assisted the KP Directorate and provide communications training of Human Rights to arrange district- and tools to the Directorate. During level outreach events to raise the two-day workshop in August 2017, awareness on human rights at the titled ‘Developing a Human Rights district level, amongst government Outreach and Advocacy Strategy’, officials, civil society and the general representatives of the Directorate public. The campaign was piloted in strategized how to promote its own 3 districts: D.I. Khan, Abbottabad, and activities and raise awareness on the Peshawar, and included development human rights mechanisms available and dissemination of information, to vulnerable communities in KP. The education and communications result was a Human Rights Outreach materials developed by the KP DHR and Advocacy Strategy, which and UNDP to district officials, police prioritized three thematic areas for and rule of law representatives, civil mass awareness-raising: human rights society organizations, educationalists, children’s rights, women’s rights and academia and journalists. These interfaith harmony. outreach events were participated in by 167 individuals, including 106 from Further to this, UNDP led a workshop CSOs in the second year of project on 10-11 August 2017 with the implementation. Directorate to develop human rights advocacy materials for the province. In the third year of project During the sessions, the Directorate implementation, UNDP, in also finalized content for a district level collaboration with the Directorate outreach campaign, SMS and Radio General Law and Human Rights36 and campaign, and an essay competition. the KP Human Rights Department, As a culmination of this work, again undertook a range of outreach UNDP supported the Directorate to and awareness raising events held develop an ‘Advocacy and Outreach in Bannu (28 March 2019), Swat (26 Tools Resource Kit’ which compiled April 2019) and Chitral (19 June 2019), information on drafting human rights and were attended by district level press releases, op-eds, social media officers, CSOs and academia. In total, and management of media contacts. 130 individuals were reached through These interventions helped to ensure these events. inclusive outreach campaigns, which As a result of outreach events in the were subsequently launched. second and third years of the project, District-level outreach campaign UNDP assisted the KP DHR to sensitize Following the development of an wider district-level officials and civil
36. Upgraded to Directorate General from Human Rights Directorate in January 2019
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society as agents of change to improve 180 radio spots, targeting residents of the rights-enabling environment in Peshawar, Abbottabad and D.I. Khan. KP. Through CSO engagement on Youth engagement: Human rights human rights mechanisms in KP, the essay competition Outreach Campaign ensured that the civil society in KP had increased To educate the youth on human awareness of rights legislation and rights issues, the KP DHR, supported protection mechanisms available by UNDP, launched a province wide in the province. The campaign also human rights essay competition in engaged government representatives, October 2017. Students aged 15 to 21 thus providing a platform for dialogue were invited to write essays on human between rights holders and duty rights related issues of their choice bearers in KP. and submit them to the Directorate. UNDP evaluated the essays and the SMS and Radio Campaign winner, Muhammad Sinan, a university The outreach strategy emphasized student of the chemistry department the need to focus on the rights of of Islamia College Peshawar, was vulnerable segments of society, acknowledged during a human rights especially women, children and event in Peshawar. The student’s minorities. The strategy suggested essay focused on the significance of radio and SMS for effective outreach. human rights-based approaches in Thus, UNDP provided technical society for promoting peace, harmony assistance to the Directorate of and protection of individual rights, Human Rights in designing human referring to various reports of national rights messaging focused on stopping and international organizations on the physical abuse of women, ending situation of human rights in Pakistan, child labour and promoting interfaith and stressed on strengthening harmony. Applying the project’s institutional mechanisms and lessons learned, along with existing implementing pro human rights laws partnerships with telecommunications in letter and spirit. firms and provincial radio stations, Technical assistance for Newsletter UNDP worked with the Directorate to and Annual Report roll out the SMS and radio campaign with the aim of reaching mass Responding to a request from the KP audiences in the final year of the Directorate General Law and Human project. The campaign was rolled out Rights, in the third year, UNDP provided from 21 October to 19 November 2019 support to the Directorate General and included 3,000 text messages and in developing a working template
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Figure-3 province, with an intended audience Front page of the Directorate General’s of government stakeholders and civil Newsletter (April 2019) society. The template developed will be used for subsequent newsletters, supporting the sustainability of the RIGHTS UPDATE Directorate General of Law and Human Rights APRIL, 2019 Newsletter initiative. Director General's Message In tandem to this, UNDP also Dear Readers, We are delighted to share with you, the Directorate General of supported the Directorate General Law and Human Rights’ latest quarterly newsletter. The aim of this newsletter is to further improve the outreach and external communication of the Directorate with all its stakeholders. It is an effort to collect and disseminate useful information about the Law and Human Rights to draft and Directorate’s work for the promotion, protection and enforcement of human rights in the province. We are making focussed efforts to improve our outreach both via print and digital means for strengthening human rights in the Khyber Pakhtunkhwa. publish its annual report, which was Our team is thankful to the Honourable Minister for Law, Parliamentary Affairs & Human Rights, Mr. Sultan Muhammad Khan and Secretary Law, Parliamentary Affairs & Human Rights, finalized, printed and distributed to Mr. Zaka Ullah Khattak, for their support. We are indebted to the United Nations Development Programme (UNDP) for the technical and other assistance in the development of this newsletter. relevant government stakeholders in Regards, Fazal Khaliq (D.G Law & Human Rights) April 2019.
the areas of policy development, capacity building of the Cooperation & administrative departments officers on human rights and coordination Meeting advocacy and outreach on human rights in the province. On February 28, a meeting of both the partners was held in Human Rights Day Celebration UNDP Pakistan and Government of Khyber Pakhtunkhwa are long standing Peshawar. The UNDP delegation was led by Mr. Ignacio, partners. The Department for Law, Parliamentary Affairs and Human Resident Representative, while the government team was Rights is supported by UNDP Pakistan under Devolving Rights in Khyber headed by Mr. Sultan Muhammad Khan, Minister for Law, Pakhtunkhwa Project. Through this project, the Law Department and Parliamentary Affairs and Human Rights Khyber Pakhtunkhwa Directorate General, Law and Human Rights is being provided support in along with Secretary to Government of Khyber Pakhtunkhwa, In partnership with the KP Human Law Department, Mr. Zaka Ullah Khattak. The meeting discussed ongoing cooperation and agreed to further strengthen partnership for development in the coming days. Rights Department, Directorate General Law and Human Rights and the MoHR Regional Directorate, UNDP organized an interactive celebration RIGHTS UPDATE NEWSLETTER Page 1 for Human Rights Day on 10 December for the Directorate’s newsletter and 2019. The celebration was participated supported in the drafting of the first in by senior government officials, civil quarterly newsletter, which was society, academia, journalists and disseminated in April 2019. UNDP students, with an address provided by undertook consultations with both the KP Minister of Law, Parliamentary the Human Rights Department and Affairs and Human Rights, Mr. Sultan the Directorate General on the style, Muhammad Khan. To raise awareness design and content of the newsletter. about Human Rights Day, participants The content profiled the work of the from the celebration marched to the Directorate General and the Human Governor’s house holding banners/ Rights Department, including rights signs with rights messaging. updates and legal developments in the
66 Devolving Rights in Khyber Pakhtunkhwa, Pakistan: Project Completion Report ANNEX 2 – KPVP/HRIMS CRITICAL PATH
Activity Activity Description
Desk research and in person consultations with a range of relevant government departments to analyze needs and gaps in human rights data Baseline Study, collection/reporting and generating ownership of the platform among Stakeholder different departments. The needs/gap analysis helped to strengthen system Consultations & development. OHCHR guidelines and the human-rights-based-approach to Analysis: data, data collection, processing and reporting were used to frame the study and government consultations. Findings from gap analysis and consultations informed the Design and Conceptualization phase.
Based on the findings of the needs/gap analysis and stakeholder consultations, a conceptual model of the KPVP/HRIMS was developed and shared for Design & technical review and feedback amongst government, UNDP and other Conceptualization: technical stakeholders. A basic structure of data collection was formulated, and data fields identified for data input.
The KPVP prototype was developed and shared with the key government Prototype stakeholders (end-users of the KPVP), UNDP, donor agencies in Islamabad Development: and other stakeholders for testing. Inputs and revisions were incorporated accordingly.
Once the system prototype was developed and adapted, system features were tested by developers and end users (government) to make usage intuitive and user friendly. Dummy data was uploaded to test reporting structures along and data visualization and analysis capacity. Drop down menus and a Test Run: data classification framework (linked to international treaty body reporting requirements and recommendations) are the key features of this platform that make it robust and user friendly for data processing, archiving and exacting the desired outputs.
Stakeholder The same key stakeholders (government end-users, UNDP, technical partners) Consultations & were consulted a final time on the system. Presentations were organized to Orientations: get the final approval from the relevant authorities.
A secure space was erected at the Human Rights Department/Ministry (system end-users) with the necessary physical security mechanisms. The space was equipped with CCTV cameras, electric thumb press locks, fire alarms, cooling Hardware system, internet connectivity, monitoring screen, power backups, printing Installations & and scanning facilities, basic stationeries, network configurations, fire safety Structures: instruments and basic hardware maintenance toolkit. Hardware installation was carried out and necessary permissions were given to the relevant staff. Hardware installed in secured room.
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The system was installed on the server/hardware at the at the Human Rights Department/Ministry and permissions granted to the staff for data processing System Deployment: and controlling. The server was configured on open source operating system Linux, Ubuntu-Server. All the necessary physical and digital security measures were made to keep the integrity of this system intact.
With support from technical partners, KPVP/HRIMS staff entered human Data Feeding: rights data into the system and classified data based on pre-determined classifications, linked to human rights reporting requirements.
Technical Technical partners provide long-term technical backstopping throughout the Backstopping installation and data entry process of the KPVP/HRIMS.
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D R K R P K K R P P K PR P R P R (J 2016-D 2019)
United Nations Development Programme 4th Floor, Serena Business Complex, Khayaban-e-Suharwardy, G-5/1, Islamabad, Pakistan www.pk.undp.org