Annual Report 2015-16 National Commission for Human Rights Pakistan nchr.gov.pk /nchrpakistan /NCHR_Pakistan CONTENTS . ACRONYMS AGPR Accountant General Pakistan Revenues APNS All Pakistan Newspapers Society CAT Committee against Torture CEDAW Committee on the Elimination of Discrimination against Women CERD Committee on the Elimination of Racial Discrimination CESCR Committee on Economic, Social and Cultural Rights CMW Committee on Migrant Workers CRC Committee on the Rights of the Child CRPC Criminal Procedure Code CWA Community Welfare Attaché FIR First Information Report GOP Government of Pakistan GSP+ Generalised Scheme of Preferences HEC Higher Education Commission HEIs Higher Education Institutions HRC Human Rights Committee ICC International Coordinating Committee of National Human Rights Institutions ICESCR International Covenant on Economic, Social and Cultural Rights IHRC IHRC International Human Rights Commission JIT Joint Investigation Team MOIB Ministry of Information and Broadcasting MOFA Ministry of Foreign Affairs MOP&HRD Ministry of Overseas Pakistanis and Human Resources Development MOU Memorandum of Understanding NCHR National Commission for Human Rights 2 NHRIs, National Human Rights Institutions NIM National Institute of Management NIRM National Institutions and Regional Mechanisms NSA National Services Academy NSPP National School of Public Policy OHCHR Office of the High Commissioner for Human Rights PBA Pakistan Broadcasting Association PC Privatization Commission TAF The Asia Foundation TOT Training of Trainers UBL United Bank Limited UDHR Universal Declaration of Human Rights UPR Universal Periodic Review WAT War against Terror 3 LETTER FROM CHAIRMAN We are members of the brotherhood of Islam in which all are equal in rights, dignity and self-respect. Consequently, we have a special and a very deep sense of unity. But make no mistake, Pakistan is not a theocracy or anything like it. Islam demands from us the tolerance of other creeds and we welcome in closest association with us all those who, of whatsoever creed, are themselves willing and ready to play their part as true and loyal citizens of Pakistan. - Quaid-e-Azam, Mohammad Ali Jinnah, 1948 Quaid-e-Azam, Mohammad Ali Jinnah, the Father of the Nation, was an ardent protector and promoter of human rights. He envisioned an inclusive and impartial government that defends religious freedoms, rule of law, and dignity for all. It was after having observed the treatment of Muslims in India, that he proposed the creation of a nation where people of every race and creed were welcomed and treated with due respect. It came as no surprise, then, that after he was elected president of the Constituent Assembly of Pakistan in 1947 he formed and headed a committee on “Fundamental Rights of the citizens of Pakistan and on matters relating to Minorities” the very next day, and in his speech he articulated his vision for the future of human rights in the country: You are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed -- that has nothing to do with the business of the State. - Quaid-e-Azam, Mohammad Ali Jinnah, 1947 Let us look back to his speeches from 1919-1948 in order to fully understand and reflect his vision in our work today. What is surprising, though, is that, for a country whose founder was so adamant on defending human rights, Pakistan’s National Human Rights Institution (NHRI), the National Commission for Human Rights (NCHR) is the youngest in the region. Yet, it is important to note that the NCHR is bestowed with a broad mandate equipping it to become the strongest institution upholding human rights in the country. In its preamble, the NCHR Act, 20121 provides its raison d’être as follows: 1 See Annexure-I: The National Commission for Human Rights Act, 2012 4 WHEREAS it is expedient to provide for the creation of National Commission for Human Rights, for the purpose of promotion and protection of Human Rights as provided in the Constitution of Islamic Republic of Pakistan and various international instruments to which Pakistan is state party or shall become a state party. As the premier human rights institution in the country, the Commission remains central to the promotion and protection of human rights in Pakistan. The Commission’ statutory legal basis and particular legal responsibilities are an independent part of the State apparatus. The law grants the Commission jurisdiction over intelligence agencies and the armed forces under Sections 14 and 15 of the NCHR Act, 2012, and the Commission has also been granted judicial powers, as much as that of a civil court, delineated by Sections 13 and 17 of the Act. The Commission’s independence, in line with the Paris Principles, is legally preserved under Section 16(1) of the Act: The Commission and every member of its staff shall function without political or other bias or interference and shall, unless this Act expressly otherwise provides, be independently and separate from any government, administration, or any other functionary or body directly or indirectly representing the interest of any such entity. Section 27 of the NCHR Act, 2012 guarantees the commission’s financial independence: The Government shall allocate specific amount of money for the Commission in each financial year and it shall not be necessary for the Commission to take prior approval from the Government to spend such allocated money for the approved and specific purposes. Our struggle for independence is a part of our day to day business. Many a times we face frustrations and disappointments what makes us resilient is our faith in the rationale of the institution in service of the people of Pakistan. In addition to hearing complaints from affected parties, the Commission acts as a watch dog over both institutions and individuals. As a completely independent body, the NCHR conducts non-partisan and impartial investigations and does not bend its will to anything other than the fundamental rights enshrined in the Constitution and International Human Rights Treaties. Whereas human rights are diffused in this Act, the functions of the Commission 5 cover implementation of the International Human Rights Treaties. This includes monitoring the reporting, by publishing alternative reports, on the treaties, as well as ensuring proper steps are taken to ensure its execution and implementation. This is the first Annual Report published by the Commission. Required by law, the report serves as a tool for institutional accountability, while raising public awareness of the Commission’s work. Intended for a broad readership, ranging from parliamentarians to human rights activists, as well as the general public, the report treads a fine line between sophisticated and accessible. The Commission has always been grateful for the support extended by the Senate through its Functional Committee on Human Rights in overcoming many challenges. Furthermore, the NCHR appreciates the UNICEF for their generous support, as well as other partners including the European Union, UNDP, Democracy Reporting International, The Asia Pacific Forum, The Asia Foundation, Pakistan Institute of Labour Education and Research (PILER) for their moral and material support to the Commission. Justice (Retired) Ali Nawaz Chowhan Chairman 6 INTRODUCTION The National Commission for Human Rights (NCHR/the Commission) protects and promotes fundamental rights across Pakistan and operates as part of the International Human Rights System. The Commission has a mandate that extends across the country, including, interalia, the federal capital, four provinces, the Tribal Areas in addition to special areas. The establishment of the Commission has been a landmark achievement in bringing to life the spirit of promotion and protection of Human Rights enshrined in the 1973 Constitution of the Islamic Republic of Pakistan. It was created under the NCHR Act, 2012 passed by the National Assembly on 04 May 2012 while the President of Pakistan signed into law on 30 May 2012. It took two years for the Chairman and Members to be appointed. Pakistan finally notified the establishment of the National Commission for Human Rights (NCHR/the Commission) in May 2015. The Commission is unique and does not resemble other parts of the government. With powers that of a civil court, the Commission it is not under the authority of the executive or legislature. The Members, though not elected, have been appointed by elected representatives. This institutional identity of the Commission as a public body has important implications for the regulation of its accountability, funding and reporting arrangements. The Commission is answerable to the people and their Constitution, as well as the International Human Rights System. The effective functioning of the Commission serves as link between the international and regional Human Rights machinery within the national context, pursuant to the Paris Principles. On the basis of the criteria established in the Principles it can be said that, as of May 2015, Pakistan now has a recognised NHRI although it is yet to be accredited. As an impartial body, the Commission is part of the State structure as an entity dependent upon its statutory basis for existence and all its actions. Its work is non-partisan and independent of the Government. 8 HUMAN RIGHTS CONTEXT Following Pakistan’s first democratic transition of power in 2013, institutions of