ISLAMABAD – The Senate on Friday unanimously passed the National Commission for Human Rights Bill 2012 with some amendments that would further pave way for the establishment of a National Human Rights Commission (NHRC) for the purposes of promotion and protection of human rights in Pakistan. The bill also prohibits intelligence agencies from illegally detaining any citizen.
Leader of the House Syed Nayyer Hussain Bokhari moved the bill, already passed by the National Assembly, during the last sitting of the present parliamentary year of the Upper House. The statement of objects and reasons of the bill say the formation of National Commission for Human Rights would not only fulfil the international obligations of establishing such a body but also serve as a driving force for negating the propaganda of human rights violations in Pakistan.
Under the law, the federal government shall constitute the commission (NHRC) that can take a suo-motu or on a petition presented by a victim or any person on his behalf or can inquire into the violation of human rights or abetment thereof or negligence in the prevention of such violation, by a public servant.
The commission can direct investigation and inquiry in respect of any incident of violation of human rights and intervene in any proceedings involving allegation of violation of human rights pending before a court by making application for becoming a party to the proceedings before a court. The commission or a person authorised by it may visit any jail, place of detention or any other institution or place under the control of the government or its agencies, where convicts, under-trial prisoners, detainees or other persons are lodged or detained for the purpose for the purposes of ascertaining the legality of their detention and whether the provisions of the applicable laws or other provisions relating to the inmates living conditions and their other rights are being compiled with.
It will review the factors, including acts of terrorism, which inhibit the enjoyment of human rights and recommend appropriate remedial measures.
Under the chapter of Inquiries and Investigations of the bill, the commission shall have the powers of a civil court, while inquiring into complaints of human rights violations and may call for information or report from the federal government or a provincial government or any other authority or organisation subordinate thereto, within such time as may be specified by it.
It shall have the powers to require any person, subject to any privilege, which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the commission. It may for the purpose of conducting an investigation into a matter requisite the services of any officer or investigation agency of the federal or provincial governments with their concurrence.
The commission, while dealing with the complaints of human rights violations by the members of armed forces, may either on its own motion or receipt of a petition, seek a report from the federal government on the complaint. After the receipt of the report, it may either not proceed with the complaint or, as the case may be, make its recommendations to the federal government. The government shall inform the commission of the action taken on the aforesaid recommendations within three months or such extended time.
The functions of the commission don’t include inquiring into the practice of intelligence agencies, and where a complaint is made to the commission alleging that an act or practice of such an agency is in consistent with or contrary to any human right, the commission shall refer the complaint to the competent authority concerned.
The commission shall consist of a chairperson, qualified to be a judge of Supreme Court or having demonstrable knowledge or practical experience and one member from each province, Fata and Islamabad Capital Territory (ICT), chairperson of the National Commission on Status of Women, one member from minority communities. Out of the total membership of the commission, at-least two shall be women members.
The prime minister in consultation with the leader of the opposition in the National Assembly will forward three names for each post to a parliamentary committee for hearing and confirmation of any one person for each post.
Under the chapter of V of Human Rights Courts, the federal government may, in consultation with the chief justice of Islamabad High Court, specify a court of sessions to be the Human Rights Court for that district for the purpose of speedy trial of offences arising out of violation of human rights. In the same manner, the government on the advice of the commission shall appoint special prosecutor for the purposes of conducting cases in that court.
The house also unanimously passed a resolution, moved by Senator Haji Adeel Ahmed of Awami National Party, condemning the recent incidents of terrorism in Khyber Pk. The resolution mentioned the terrorist attacks on public rallies of ANP, police personnel and on a convoy of vehicles of former interior minister and PPP-S chief Aftab Khan Sherpao.
Some lawmakers, who are retiring on March 11, also made farewell speeches on their last day in the House before its prorogation. Most of the lawmakers demanded the election of senators either through direct method or proportional representation to avoid various charges of corruption.
Prof Khurshid Ahmed and Dr Safdar Abbasi talked about the establishment of ‘Truth and Reconciliation Commission’.
Prof Khurshid also gave a fine comparison of the performance of the Senate and the Upper House (Rajya Sabha) of India. At the end, Chairman Senate Farooq H Naek read a farewell note for the out-going senators.