Pakistan’s quest for a National Human Rights Commission
Jennifer Kishan
This is a formative moment for Pakistan. A national institution is about to be created in a country where, for decades, civil society has been the sole proactive challenge to the state on human rights violations. Pakistan’s vibrant civil society has made commendable efforts in persuading the government to legislate better laws. Yet the new institution through this landmark Bill will hopefully address some of the imminent concerns of civil society
The National Human Rights Bill of Pakistan is facing one of its last hurdles before becoming law. The Bill has so far been received well in the National Assembly (NA) where it was unanimously approved and passed in December 2011. However, recently, the Pakistan Senate has blocked the passage of the Bill in order to make some critical changes aimed at reinforcing both the political independence of the institution and the commitment of Pakistan towards the protection and promotion of human rights. The Senate will again sit to decide the course it will take following the amendments it has recommended to the Bill. In this context what sort of implications does this Bill have for Pakistan?
Pakistan has been marred with failing institutions and a breakdown in legislative powers, all of which keep it under a perennial threat of a coup, not something unthinkable. Fundamental freedoms of expression, assembly and association have been stubbed out, voices of dissent are muted and human rights defenders are facing perpetual threats to their life and liberty. Torture, extrajudicial killings, extortion, corruption, honour killings, and acid attacks against women are rampant and terrorist activities have been on the rise. Describing the year as “disastrous”, Human Rights Watch’s Annual Report for 2011 views this as a notable failure of the elected government to protect the human rights of its people.
While rising lawlessness and impunity has strengthened the case for an autonomous body solely dedicated to promoting and protecting human rights, talk of establishing a commission is not new. Since the 1993 UN General Assembly resolution No.48/134, all UN member states are under an obligation to establish independent National Human Rights Institutions (NHRIs). The Human Rights Bill itself has gone through many drafts in 2005 and 2008, incorporating views from national and international players, making it more compliant with international standards and bolstering its journey to the NA. In 2012, Pakistan will be reviewed at the Universal Periodic Review before the UN Human Rights Council (UNHRC). In its last review in 2008, Pakistan had accepted recommendations made to it on establishing a Human Rights Commission. The time has arrived for Pakistan to finally meet all its due obligations.
The Bill has undergone an overhaul that may have positive repercussions on its engagement with civil society. For instance, the revised draft legislation provides for a space of engagement with civil society through the commission’s advisory committee, which has representation from several civil society groups. Though this does not necessarily mean a participatory approach towards civil society actors, providing a platform for engagement in the mandate is by itself a welcome gesture, one that could be a catalyst for engagement between civil society and the commission in the coming years. Region, gender, and minority-based representation has been included in the appointments criteria for members; this will help in making the commission accessible and representative of the country’s diversity. A ten-member commission also seems to be ideal for handling the deluge of complaints that are characteristic for NHRIs in the South Asian region.
The Senate in principle agrees to the setting up of the commission but has stated its apprehensions on the appointment criteria and appointment procedure of the commissioners, which it says is prone to manipulation from both the bureaucracy and the government. It is with the said intention of making the commission free of political interference that the Senate wants to reconsider amendments to the Bill. While this may lead to speculations on a further delay in the establishment of the commission, some members of civil society in Pakistan do not find the delay unnecessary. During the launch of the 2010 Annual Report of the Human Rights Commission of Pakistan, its Chairperson, Mehdi Hassan, remarked on the failure of the state to be able to guard against human rights abuses in Pakistan, clearly putting the onus on the government for this huge dereliction of duty. “The problem is that most of the violations of human rights are from government functionaries or government agencies. Therefore it becomes a serious matter. If government agencies or government functionaries start violating basic human rights then who will protect the people?” Many think that the time spent in churning out a strong Act will, therefore, eventually lead to a stronger, more robust commission, free of political intervention and government control. This is a welcome change.
The current political climate is reeking of impunity and civil society has been very apprehensive about the state’s potential to protect rights during this time. The ‘Statement of Objects and Reasons’ currently attached to the Bill does not help when it states that the formation of the commission would “also serve as driving force for negating the propaganda of Human Rights violations in Pakistan”. This rationale must be revisited as the setting up of a commission must not be a smokescreen to deflect international scrutiny, especially in the wake of Pakistan’s upcoming review at the UNHRC. During these challenging times, Pakistan needs to show a stringent commitment towards human rights by ensuring that its National Human Rights Commission is bereft of political influence and has powers that make it effective and independent.
This is a formative moment for Pakistan. A national institution is about to be created in a country where, for decades, civil society has been the sole proactive challenge to the state on human rights violations. Pakistan’s vibrant civil society has made commendable efforts in persuading the government to legislate better laws. The process for passing the Bill has not been highly inclusive or participatory of civil society’s views. Yet the new institution through this landmark Bill will hopefully address some of the imminent concerns of civil society. There may definitely be teething problems. It may take years for the commission to build its public legitimacy and stand independent of political pressures. However, if equipped by a good enabling legislation, the commission has a better opportunity to survive these initial hurdles and transition into an institution that can change the course of human rights in Pakistan. Recently, the Senate passed a Bill establishing a National Commission on Women’s Rights. With the passing of the Human Rights Bill and, subsequently, the creation of an effective human rights institution, Pakistan may be well on its way to better governance.
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