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NCHR NEWSLETTER AUGUST-DECEMBER 2017 National Commission for Human Rights 5th Floor Evacuee Trust Complex, Agha Khan Road, Islamabad NATIONAL COMMISSION FOR HUMAN RIGHTS Phone: 051-9216777, Fax: 051-9216772 PAKISTAN E-mail: [email protected], Website: nchr.org.pk AGUST-DECEMBER 2017 NEWSLETTER Chairman’s Message Pakistan is passing through a tumultuous time. In an unprecedented stage in our history we are plagued by a plethora of problems shrouding our future in an ominous cloud. Child abuse is rampant. Hate speech and extremism are festering, leading to forced conversions of minority communities in Tharparkar, Kalash, among others, and an increase in sectarian killings of Hazara Shias in Balochistan, and other religious minorities all over the country. One of the biggest challenges that Pakistan faces is enforced disappearances aimed at shutting down dissent or gaining personal leverage, with multiple accusations levied against state agencies or foreign interference. Synchronously to due process being overlooked, torture is being ignored. There exists no definition of torture in our penal code, a strict rebuke to the international treaties ratified by us. Pakistan has become a mini-killing field; it appears altruism is a victim. Though this may paint a bleak picture, we must remember that the context is unique in Pakistan’s 70 years. Civil society is more empowered than ever and fighting to hold accountable the institutions established to protect them, and the government is taking some measures to tackle these problems, with the establishment of the NCHR being one such step. NCHR is mandated to look into human rights issues faced by Pakistani citizens at home and abroad and to resolve them. It is a colossal task and the Commission needs the continued support of the government and every citizen in order to continue fulfilling its mandate. The Commission despite its meek resources and a recurring negation of independence – guaranteed by law and Paris Principles – is struggling hard to come up to expectations and trust reposed by parliament. The Commission has investigated and compiled reports on aforementioned issues and more reports are in the offing. In particular, we envisage establishing child protection cell and train stakeholders through a mechanism to be grafted and devised. The NCHR maintains that the rights of minorities and Transgender Persons, and issues of journalists and enforced disappearances continue to be of great importance to Pakistan’s wellbeing. Furthermore, the NCHR is making strides towards abolishing bonded labour and with an eye on the future, pressurizing the government to create coherent polices aimed at protecting the environment for our future generations to enjoy. Through this quarterly report we are creating awareness about our work, and soliciting the government and the citizens of Pakistan for their continued and unwavering support. ____________________________ Chief Justice ® Ali Nawaz Chowhan Chairman National Commission for Human Rights National Commission For Human Rights 3 NEWSLETTER AGUST-DECEMBER 2017 Editorial Who we are Who we are Board Patron in NCHR established in May 2015 under the National commission for Human Rights Act 2012, is Pakistan’s first National Human Rights Institution (NHRI). The Chief Commission has an extensive mandate which includes powers to take suo moto Honourable notice of human rights violations, carry out fact finding missions and investigate Justice (Retd) Ali complaints of human rights abuses. Nawaz Chowhan Powers and FunctionsPowers of and the FunctionsCommission of the Commission Chief Editor The NCHR is empowered to investigate Human Rights violations, spread Human Mr. Aftab Alam Rights literacy, publish research on international law, raise awareness about Human Rights protections, make recommendations for the implementation of treaty Editor obligations, and develop a national plan for the promotion and protection of Human Ms. Alishba Kiani Rights. The commission has all the powers of a civil court trying a suit under the Code of INSIDE Civil Procedure, 1908 (Act V of 1908). It may call for information or report in cases STORIES of Human Rights form government or its organisations. Section 09 of the NCHR Act XIV of 2012 bestows broad and overarching mandate • Who we are to the Commission which includes inter alia: • Complaints • To hear public petitions / complaints and take suo moto notices of Human Rights violations; Record • To direct or hold Inquires and Investigations in any incident of Human Rights • Reports violation; • Consultations • To propose, amend or review legislation from Human Rights perspectives; • • National and In- To review the factors, including acts of terrorism that inhibit the enjoyment of Human Rights and recommend appropriate remedial measures; ternational Visits • To study treaties, other international instruments on Human Rights and reports • Representation at submitted by the Government of Pakistan on them including the comments different forums thereon, to make recommendations for their effective implementation. • • Activities for To submit independent reports to the Government on the State of Human Rights in Pakistan for incorporation in reports to the United Nations’ bodies or Transgender committees; Rights • To undertake and promote research in the field of Human Rights and spread • Activities of Re- Human Rights literacy among various sections of society for the promotion and gional Offices. protection of Human Rights in Pakistan; • To develop a national plan of action for the promotion and protection of Human Rights in Pakistan; • To establish/declare Human Rights court at district level for the purpose of speedy trial of offences arising out of violation of Human Rights. 4 National Commission For Human Rights AGUST-DECEMBER 2017 NEWSLETTER COMPLAINTS RECORD SUMMARY OF COMPLAINTS, PETITIONS & SUO MOTO NOTICES RECORD From August, 2017 to December, 2017 UN/ From Abroad Category ICT Punjab Sindh Khyber Pa- Baluchistan FATA Total khtunkhwa Complaints 36 90 60 29 - 3 1 219 Suo Motu 16 53 12 10 15 - 1 107 Total [Complaints, 52 143 72 39 15 3 2 326 Petitions & Suo Motu Notices] Status of Complaints, Petitions & Suo Motu Notices In Hearing 14 18 3 1 1 - - 37 Under Investi- gation at Initial Stages* 30 107 55 29 14 3 2 240 Disposed Of 8 18 14 9 - - - 49 Total 52 143 72 39 15 3 2 326 Note: *Issued Notices & Reminders for Comprehensive Report and Issued Rejoinders; Details of some of the important cases that were dealt by the commission during the month of August- December 2017 • NCHR took serious notice & conducted an inquiry on 21-11-2017 on ‘Indiscriminate Felling of Trees at Embassy Road G-6 Islamabad and elsewhere in the Capital’ on the complaint filed by Muhammad Majid Bashir against Environmental Protection Agency CDA. After conducting a formal hearing, it is undertaken that no further trees shall be chopped until the next date of hearing. • An Important hearing on the incident of Child Sexual Abuse/ killing of Minors in Kasur was conducted at the office of DCO Kasur on 02-10-2017. • NCHR took a suo-motu notice of missing social activist Mr. Raza Mahmood khan on 20th December 2017. The case is fixed for hearing on 16th January 2018. • NCHR took a Suo-motu notice of missing journalist zeenat shahzadi. The case is fixed for hearing on 16th January 2018. National Commission For Human Rights 5 NEWSLETTER AGUST-DECEMBER 2017 REPORTS Our Reports Published so far: National assembly of Pakistan. • The Haunting Footprints of Drought, Hunger and • ‘Towards Implementation of Core International Poor Governance: A Report on the Tharparkar Crisis. Human Rights Instruments during first year of the • Fact finding report on ‘The Kasur incident of child commission (2015-16)’ submissions for the report to abuse’. European commission (EC) on list of issues 2015- • Submitted report before the functional Committee on 2016. Human Rights, The senate of Pakistan on proposed • First Report on ‘The Marginalised Segments’. procedural amendments to check the Misuse of • Interim Report on ‘Okara Farms’. Blasphemy law in Pakistan. • Interim Report on ‘Transgender- The need for • To the UN Human Rights Committee 120th Session, mainstreaming). July 2017 Regarding List of issues in connection • Report on ‘FATA Reforms: Contextual Analysis & with the Initial Report of Pakistan, adopted by the Legislative Review’. UN Human Rights Committee at 118th session (17th October-4th November 2016) submitted on 20th • Report on ‘The protection, preservation and promotion February 2017. of constitutional rights of Indigenous kalash People’. • Report on ‘Pakistan’s Third Universal Periodic • Second investigative report on ‘The Kasur incident of Review, 2017’ Submitted on 29th March 2017. child abuse’. • Report titled ‘A Study on the issue of exploitative trade • Report on ‘Model legislative framework to eliminate and transplantation of organs in Pakistan’ submitted economic exploitation of children in Pakistan’. in the standing committee on Human Rights, The CONSULTATION CONSULTATION National Commission for Human Rights (NCHR) organized a National Commission for Human Rights (NCHR) organized national consultation on draft model law to eliminate economic a consultation on ‘Draft of the National Policy/Guidelines on exploitation of children in Pakistan at PC Bhurban on 26th the Protection of Human Rights Defenders’ in the head office September 2017. Honourable Chairman NCHR Justice Retd. Islamabad on 5th October 2017. Honourable Chairman NCHR Ali Nawaz Chohan presided
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