2:49 AM
ISLAMABAD: More than three years after the approval by the cabinet, a bill to set up an independent and powerful human rights commission will finally be tabled in the National Assembly on Monday.
The government will also introduce in the house the much-awaited bill to determine the term, salary and allowances of the newly-appointed members of the Election Commission of Pakistan.
Minister for Law, Justice and Parliamentary Affairs Moula Bakhsh Chandio will present the Members, Election Commission (Oath of office, term, salary, allowances, perks and privileges) Bill, 2011, and Adviser to the Prime Minister on Human Rights Mustafa Nawaz Khokhar will table in the house the National Commission for Human Rights Bill, 2011. The bill seeking to set up the human rights commission was approved by the cabinet in October 2008. The National Assembly`s Standing Committee on Human Rights had approved the draft bill with major amendments in August last year.
The original draft had proposed that the commission would only be headed by a serving or retired judge of the Supreme Court or high court but the committee has amended the draft making it possible for any person having vast experience in the field of human rights to become its chairperson.
The proposed commission will comprise 11 members รข€“ one each from the provinces, two representing minorities and one each from Islamabad, Fata and Gilgit-Baltistan and the secretary of the human rights division will be its ex-officio member. The chairperson and members would be appointed by the president on the recommendation of the prime minister for a period of four years.
After establishment of the commission, every citizen will have a right to register a complaint in case of human rights violations against any individual or institution. The commission, while inquiring into complaints, will have the powers of a civil court and can summon any individual, public or private department.
The proposed commission will also have the powers to take suo motu notice of any incident and may seek assistance of any agency, police officer or any other official, organisation of the government. The commission will also have the powers to “intervene in any proceeding involving any allegation of violation of human rights pending before a court”.
Moreover, its members will be authorised to visit any jail or detention centres to examine living conditions of the inmates.
The commission shall send a copy of its inquiry report together with its recommendations to the government or the authority which shall, within a period of one month, or such further time as the commission may allow, forward its comments on the report, including the action taken.
The commission will also be required to submit an annual report to the federal government which will then be bound to lay it before parliament.
The commission will have complete administrative and financial autonomy and its accounts will be audited by the auditor general of Pakistan.
“The Statement of Object and Reasons” attached to the bill states: “In pursuance of UN General Assembly Resolution No. 48/134 of December 20, 1993, and such other relevant resolutions of the UN Commission on Human Rights, the UN member states are under obligation to establish independent national human rights institutions which is considered as a singular criterion to judge a state`s commitment towards the protection and promotion of human rights.
“Presently, the national human rights commissions are functioning in 54 countries of the world out of which 13 are Asian countries, including India.
“The formation of NCHR would not only fulfil the international obligation of establishment of such a Commission, it shall also serve as driving force for negating the propaganda of human rights violations in Pakistan.”
ECP MEMBERS` BILL: The government is bringing the Members Election Commission Bill to determine the term and salaries of the ECP members only after a strong criticism from the PML-N.
Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan has criticised the government for not doing legislation that had become necessary after the passage of the 18th Amendment.
The PML-N leader said that he had suggested to the prime minister to promulgate an ordinance to end uncertainty among the ECP members who, according to him, had been working for the past many months without salary.
Four ECP members, one each from the four provinces, were appointed in June this year, by the prime minister after consultation with the opposition leader and with the approval of the parliamentary committee concerned in the light of the 18th Amendment, under which, only the retired judges of the superior courts could become the members, instead of the serving high court judges as prescribed in the Constitution previously.
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