The draft National Commission for Human Rights Bill 2008 is likely to be laid before the lower house of the parliament after the budget session, as all the recommendations presented by a group of legal experts and human rights activists were accepted by the National Assembly's Standing Committee on Human Rights.
This was stated by Fauzia Habib, member, National Assembly's Standing Committee on Human Rights and Political Secretary to the President of Pakistan here on Tuesday. Pakistan Institute of Legislative Development and Transparency (PILDAT) organised a discussion on the draft Bill to seek recommendations from cross section of society to make the commission a viable institution, which was also participated by I.A. Rehman, General Secretary, Human Rights Commission of Pakistan, while Ayesha Hamid, Advocate High Court analysed the draft Bill.
Fouzia said that the government realised the human rights situation in Pakistan was not so good and lots of efforts need to be made in this regard. "Improvement in the plight of human rights is one of the main area of concern of our government," she emphasised.
She assured the participants that all members of the standing committee on Human Rights are committed to the independence and freedom of the commission. "Governments come and go; but institutions remain, so it is the time to strengthen the institutions," stressed Fouzia.
Ayesha Hamid said that the bill seeks setting up a national human rights commission (NCHR) under a former judge of High Courts or Supreme Court having four members from minority and four women members both with one from each province, a member from capital territory and the secretary human rights division.
The commission will be empowered to take sou motu action on a petition submitted by a victim. It can visit jails and reports on the living condition of inmates. It will have the mandate to review the domestic laws to bring them in conformity with human right as enshrined in the constitution and make recommendations for implementation of international treaties ratified by Pakistan, she added.
The Commission envisaged to function in a judicial/quasi-judicial manner and has been given all the powers of a civil court trying a case under the Code of Civil Procedure 1908, she maintained.
Ayesha said, "the commission also empowered to review the laws, including laws of terrorism, which inhabit the enjoyment of human life and to recommend remedial measures." "First element in reviewing the Bill is to see its compliance with the UN Resolution and Paris Principles," I. A Rehman stressed and added, "No government in the world could bear any independent Human Rights commission or body."
He stressed that National Human Rights Commission, after establishment, needs regularly consultations with similar type of private bodies for suggestions and different proposals to make it more workable He said that basic human rights should not be compromised even in the extreme cases, which have been enshrined by Constitution, cannot be violated for the sake of National Security.
Ayesha suggested, "Chairperson or any member should only be removed from his office by order of the President, on the advice of the Prime Minister on the ground of misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the member, as the case may be, ought on any such ground be removed.
She also suggested amendments in the composition of the Commission, adding that in the draft Bill separate human right courts to be set up, which will create a separate and parallel judicial system that why this clause should be omitted. She stressed that the commission should be independent according to Paris Principles. Ayesha stressed that member of commission should be impartial and representative of society and funding of commission should be from independent sources. It was also suggested that chairperson and member of the commission may be appointed by recommendations of a Committee consisting of the Prime Minister as Chairman, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Leader of the House in the Senate, Leader of the Opposition in the Senate and the Minister of Human Rights as members.
Ahmed Bilal Mehboob, Executive Director Pildat said that after more than two years now the Bill has been introduced in National Assembly. He wished that after the National Assembly Standing Committee on Human Rights has presented its report on the Bill in the House, the Bill will soon find its passage from the National Assembly as well as the Senate. He said that the purpose of the session is to discuss salient features of Bill with the Parliamentarian, civil society and media so they could get awareness on the subject, adding that discussion and suggestions given in the forum will help improve the Bill.
Participants also presented many suggestions while a debate on the jurisdiction of the Parliament to pass a Bill for setting up the National Commission for Human Rights was also questioned, as some of the participants believed that after the passage of 18th Constitutional Amendment Human Rights has become the provincial subject and Parliament has no right to legislate for setting up the National Commission. They also urged to investigate the matter whether the provinces need to establish their own Human Rights Commission or the National Human Rights Commission can be established after the 18th amendment.