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Human Rights Act 2008

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Human Rights Act 2008 Powered By Docstoc
					              [TO BE INTRODUCED IN THE NATIONAL ASSEMBLY]

                                                   A
                                              BILL




       WHEREAS it is expedient to set up National Commission for Human Rights for
protection and promotion of human rights and for matters connected therewith or
                                                            ~
incidental thereto;


       It is hereby enacted as follows :-
                                          CHAPTER-I
1.      Short title, extent and commencement.- (1) This Act may be called the National
Commission for Human Rights Act, 2008.


                (2)     It extends to the whole of Pakistan.
                (3)     It shall come into force at once.

                                               c


2.      Definitions.-       In this Act, unless there is anything repugnant in the subject or
context,-


        (a)     "Chairperson" means the Chairperson of the Commission;
        (b)     "Commission" means National Commission for Human Rights constituted
                under section 3;


        (c)      "Human Rights" means the rights relating to life, liberty, dignity of the
                individual guaranteed by the Constitution and the Human Rights included
                in the International Instruments which Government of Pakistan has
                ratified;
        (d)     "Member" means a member of the Commission and includes Chairperson;
                and
                                     CHAPTER-II
             THE NATIONAL COMMISSSION FOR HUMAN RIGHTS


3.     Constitution of National Commission for Human Rights.- (1) The Federal
Government shall constitute a Commission to be known as the National Commission for
Human Rights to exercise the powers conferred upon, and to perform the functions
assigned to it, under this Act.




               (i)     The Chairperson who has been a Judge of the High Court or
                       Supreme Court preferably having knowledge and background of
                       Human Rights;
               (ii)    Four members from minorities; one from each province having
                       knowledge and background of Human Rights;
               (iii)   Four women members; one from each province having knowledge
                       and background of Human Rights;
               (iv)    One member from Islamabad Capital Territory; and
               (v)     Secretary, Human Rights Division.




       (4)     The headquarters of the Commission shall be at Islamabad and Offices
       shall be set up at all Provincial Headquarters and, in any other part of the country
       as the Commission may determine.


       (5)     The quorum for the meeting of the Commission shall not be less than
       one-fourth of the t~ta1 strength and the Chairperson shall have the power of
       casting vote.
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       (6)      The Commission shall be a body corporate having perpetual succession
       and a common seal with powers, among other, to acquire, hold and dispose of any
       property and shall by the said name sue and be sued.


4.     Appointment of Chairperson and other members.- (1) The President on the
advice of the     Prime Minister shall appoint Chairperson and the members of the
Commission.


       (2)      Constitution of the Commission shall not be invalid merely by reason of
       any vacancy or defect in the constitution of the Commission.


5.     Removal of a member of the Commission.-               The President on advice of the
Prime Minster may remove Chairperson from the office or any other member if the
Chairperson or such other member, as the case may be-
                (a)    is guilty of misconduct;
                (b)    is adjudged an insolvent;
                (c)    is unfit to continue in office by reason of infirmity of mind or
                       body; or
                (d)    is convicted and sentenced to imprisonment for an offence which
                       involves moral turpitude.


6.     Term of office of members.-          (1) A person appointed as Chairperson or a
member shall hold office for a term of three years from the date on which he enters upon
his office or until he attains the age of seventy years, whichever is earlier.


(2)    The Chairperson or a member may resign his office in writing under his hand
addressed to the President.


7.     Acting Chairperson.- At any time when the Chairperson is absent or unable to
perform functions of his office due to any other cause, or in the event of the OCCl,lITence   -
of any vacancy in the office of the Chairperson by reason of his death, resignation or        I....-


otherwise, the President on advice of the Prime Minister shall appoint a person from
amongst the members of the Commission to a9t as Chairperson until the Chairperson
                                                 4
resumes his office, or as the case may be, until the appointment of a new Chairperson to
fill such vacancy.


8.      Terms and conditions of service of members.-              The salaries and allowances
payable to, and other terms and conditions           of service of the members, other than
ex-officio member, shall be-such as may be prescribed by the Federal Government:


        Provided that neither the salary and allowances nor the other terms and conditions
of service of a member shall be varied to his/her disadvantage after his/her appointment.


9.      Procedure to be regulated by the Commission.-(l) The Commission shall meet
at such time and place as the Chairperson may deem fit.


        (2) .      The Commission shall regulate its own procedure.
        (3)        All orders and decisions of the Commission shall be authenticated by the
                   Secretary or any other officer of the Commission duly authorized by the
                   Chairperson in this behalf.


10.     Officers and other staff of theCommission.-                (1)   The Commission,      in
consultation with the Federal Government, shall appoint:


      (a)      a serving or a retired government employee, who has been of the status of the
               Secretary or an Additional Secretary or an equivalent, to the Government of
               Pakistan,   who has experience and background of working in the field of
               Human Rights or a private person who has rich knowledge and experience on
               human rights, as Secretary of the Commission who shall also be the Principal
               Accounting Officer; and


      (b)      such other Officers, and Staff against sanctioned posts and as per
               prescribed procedure.


        (2) Without prejudice to the provision of sub-section(l),        the Commission, may
            seek assistance of any agency, police officer or any other official, organization of
                                           5
       the Government if such services are required by the Commission for·the purpose
       of discharging its functions:


               Provided     that the civil   servants   shall,   upon   their   transfer   to the
Commission, continue to be governed by the Civil Servants Act, 1973 (LXXI of 1973),
except those who may opt otherwise.


       (3)     The salaries, allowances and conditions of service of the officers and other
staff appointed under this section shall be such as may be prescribed:


               Provided that the Civil Servants appointed to or working in the Human
Rights Division shall upon their transfer to the Commission continue to be governed by
Civil Servants Act, 1973:


               Provided further that officers and staff of Human Rights Division shall be
given right to exercise option for such appointments within a period of three months of
the promulgation of this Act.




                                       CHAPTER-III
               FUNCTIONS AND POWERS OF THE COMMISSION


11.    Functions of the Commission.- (1)        The Commission shall perform all or any of
the following functions, namely:-


       (a)     inquire into, suo-moto or on a petition submitted by a victim or any person
               on his behalf into complaint of violation of human rights;
        (b)    intervene in any proceeding      involving    any allegation of violation of
               human rights pending before a court with the approval of such court;
       (c)     visit any jail, under intimation to the Provincial         Government,      where    -
               persons are lodged for purposes of treatment, reformation or protection, to          '--
               examine the living conditions of the inmates and make report thereon;
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(d)   review the laws, including laws of terrorism which inhibit the enjoyment
      of human rights, and to recommend appropriate remedial measures;
(e)   review the safeguards provided by or under the Constitution or any law for
      the time being in force for the protection of human rights and recommend
      adoption of new legislation, the amendment of the existing laws and the
      adoption or amendment of administrative measures for their effective
      implementation;
(f)   study treaties and other International Covenants and Instruments on
      human rights which have been ratified by the Government of Pakistan and
      make recommendations for their effective implementation;
(g)   recommend ratification of International Human Rights Instruments or
      accession to those instruments, and make efforts for their implementation;
(h)   assist in the formation of programmers for teaching of, and research into,
      human rights and to take part in their execution in educational and
      professional institutions;
(i)   spread human rights literacy among various sections of society and
      promote awareness of the safeguards available or the protection of these
      rights through print and electronic media, seminars and other available


(j)   encourage and facilitate the efforts of such governmental and non-
      governmental organizations and institutions working in the field of human
      rights which comply with the rules made under this Act and the
      instructions issued by the Commission or the Federal Government in this
      behalf;
(k)   contribute to the reports which Pakistan is required to submit to the United
      Nations bodies and committees pursuant to its treaty obligations, and
      where necessary, may express an opinion on the subject, with due respect
      for their independence;
(1)   refer and recommend investigation and inquiries in respect of any incident
      of violation of human rights;
(m)   pursuing or defending Issues, complaints, representations and matters for
      and against Pakistan relating to human rights before any Governmental or
      non-Governmental organization, body or forum in Pakistan and, in
                                           7
               consultation   with Foreign Affairs Division,      before   any international
               organization and foreign Government or non-Governmental          organization;
               and
        (n)    such other functions as it may consider necessary for prevention of human
               rights violations and for promotion of human rights including follow-ups
               of its recommendations.


(2)     Subject to the provisions of this Act, the Commission shall have administrative
and financial autonomy in the discharge of its functions under this Act.


(3)     For the purpose of investigation into any matter pertaining to the inquiry, any
officer or agency whose services are utilized under sub-section     (1) may, subject to the
direction and control of the Commission,-


        (a)    summon and enforce the attendance of any person and examine him;
        (b)    require the discovery and production of any document; and
        (c)    requisition any public record or copy thereof from any office.


        (4)    The provision of this section shall apply in relation to any statement made
by a person before any officer or agency whose services are utilized under sub-section
(1) as they apply in relation to any statement made by a person in the course of giving
evidence before the Commission.


        (5)    The officer or agency whose services are utilized under sub-section (I)
shall investigate into any matter pertaining to the inquiry and submit a report thereon to
the commission within such period as may be specified by the Commission in this behalf.


        (6)    The Commission shall satisfy itself about the correctness of the facts
stated and the conclusion, if any, arrived at in the report submitted to it under sub-section
(5) and for this purpose the Commission          may make such inquiry (including the
examination of the person or persons who conducted or assisted in the investigation) as it
thinks fit.
                                             8
12.    Statement made by persons to the Commission.- No statement made by a
person in the course of giving evidence before the Commission shall subject him to, or be
used against him in, any civil or criminal proceeding except for prosecution for giving
false evidence by such statement:




13.    Persons likely to be prejudicially affected to be heard.-     If at any stage of the
inquiry, the Commission,-


       (a)      considers it necessary to inquire into the conduct of any person; or
       (b)      is of the opinion that the reputation of any person is likely to be
                prejudicially affected by the inquiry,     it shall give to that person a
                reasonable opportunity of being heard in the inquiry and to produce
                evidence in his defence:


               Provided that nothing in this section shall apply where the credit of a
witness is being impeached.




14.    Independence of the Commission.- (1)           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 independent and separate from any government,
administration, or any other functionary or body directly or indirectly representing the
interests of any such entity.
                                           9
       (2)     If at any stage during the course of proceedings at any meeting of the
Commission it appears that a member has or may have a financial or personal interest
which may cause a substantial conflict of interests in the performance of his functions as
such, the member shall forthwith and fully disclose the nature of his interest and absent
himself from that meeting so as to enable the remaining members to decide whether the
member should be precluded from participating in the meeting by reason of that interest.
.Such a disclosure and the decision taken by the remaining members shall be entered on
the record of the proceedings.


       (3)     If a member fails to disclose any conflict of interest as required by sub-
section (2) and is present at a meeting of the Commission or in any manner participates in
the proceedings, such proceedings in relation to the relevant matter shall, as soon as such
non-disclosure is discovered, be reviewed and be varied or set aside by the Commission
without the participation of the member concerned and such conduct on the part of the
member shall be treated as misconduct.


       (4)     Notwithstanding    any personal opinion, preference or party affiliation, the
member shall serve impartially and independently and perform his duties in, good faith
and without fear, favour, bias or prejudice.




                       by his membership       of the Commission,   association,   statement,
                       conduct or in any other manner jeopardize his independence or in
                       any other manner harm the credibility, impartiality or integrity of
                       the Commission;
                       make private use of or profit from any confidential information
                       gained as a result of his membership of the Commission, or
                       divulge any such information to any other person except in the
                       course of the performance of his functions as such a member of the
                       Commission.
                                                  10
')          (6)    Violation of clause (b) and clause (c) of sub-section (5) shall be treated as
            misconduct on the part of a member.


                                               CHAPTER-V
                             PROCEDURE AND POWER OF INQUIRY


     15. Power relating to inquiries-       (1)   The Commission shall, while inquiring into
     complaints under this Act, have all the powers of a civil court trying a suit under the
     Code of Civil Procedure, 1908 (Act V of 1908) and in particular in respect of the
     following matters, namely:-


                           (a)     summoning and enforcing the attendance of witnesses and
                                   examining them on oath;
                           (b)     discovery and production of any documents;
                           (c)     receiving evidence on affidavits;
                           (d)     requisitioning any public record or copy thereof from any
                                   court or office;
                           (e)     issuing commissions for the examination of witness or
                                   documents, and any other matter which may be prescribed.


            (2)     The commission shall have power 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,
     may be useful for, or relevant to the subject matter of inquiry and any person so required
     shall be deemed to be legally bound to furnish such information within the meaning of
     section 176 and section 177 of the Pakistan Penal Code, 1860 (XLV of 1860).


            (3)    The Commission shall be deemed to be a civil court for the purposes of
     this sub-section and when any offence as is described in section 175, section 178, section
     179, section 180 or section 228 of the Pakistan Penal Code, 1860(XLV of 1860) is
     committed in the view or presence of the Commission, the Commission may, after
     recording the facts constituting the offence and the statement of the accused as provided
     for the Code of Criminal Procedure, 1898, forward the case to a Magistrate having
                                                           11
    ')   jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall
l
         proceed to hear the complaint against the accused as· if the case has been forwarded to
         him under section 482 of the Code of Criminal Procedure, 1898 (V of 1898).


                (4)       The Commission may, for the purpose of conducting any inquiry, seek
         assistance of any person , Authority or Department of the Provincial or the               Federal
         Government
                (5)             The Person,    Authority or the Department whose services are sought
         under sub-section (4) shall inquire into the matter and submit a report thereon to the
         Commission within such period as may be specified by the Commission in this behalf.


         16.      Inquiry into complaints.- The Commission while, inquiring into the complaints
         of violation of human rights may,-


         (i)      call for detail information and comprehensive report from the Government or any
                  other authority or organization subordinate thereto within such time as may be
                  specified by it;




                          (a)        if the information   or report is not received within the time
                                     stipulated by the Commission, it may proceed to inquire into the
                                     complaint on its own; or
                          (b)        if, on receipt of information or report, the Commission is' satisfied
                                     either that no further inquiry is required or that the required action
                                     has been initiated or taken by the Government or authority, it may
                                     not proceed   with the complaint      and inform the complainant
                                     accordingly; or
         (ii)     without prejudice to anything contained in clause (i), if considers it necessary,
         having regard to the nature of the complaint, initiate any inquiry.


         17.      Steps after inqiliry.-        The Commission may take any of the following steps
         upon the completion of any inquiry held under this Act, namely:-
       (i)     where the inquiry discloses, the commission of violation of human rights
               or negligence in the prevention of human rights by a public servant, it may
               recommend to the Government or Authority the initiation of proceedings
               for prosecution or such other action, as the Commission may deem fit,
               against the concerned person or persons;


       (ii)    approach the concerned Court for such directions, orders or writs as that
               the Commission may deem necessary;


       (iii)   recommend to the Government or Authority for the grant of such
               immediate interim relief to the victim or the members of his family as the
               Commission may consider necessary;




       (v)     the Commission shall send a copy of its inquiry report together with its
               recommendations to the Government or Authority and the Government or
               Authority 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 or proposed to be taken thereon, by the Commission; and


       (vi)    the Commission shall publish its··inquiry report together with the
               comments of the Government or Authority, if any, and the action taken or
               proposed to be taken by the Government or Authority on the
               recommendations of the Commission.


18.    Annual and special report of the Commission.-           (1)   The Commission shall
submit an annual report to the Federal Government and may at any time submit special
reports on any matter which, in its, opinion, is of such urgency or importance that it
should not be deferred till submission of the annual report.
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        (2)      The Federal Government shall cause the annual and special report of the
Commission to be laid before the Parliament along with a memorandum of action taken
or proposed to be taken on the recommendations         of the commission and the reasons for
non-acceptance    of the recommendations,        if any. The report shall be laid before the
Parliament within ninety days from the date of its submission.


                                        CHAPTER-VI
                             FINANCE, ACCOUNTS ANDAUDIT


19.     Donations or contributions.- (1) The Federal Government may, in such manner
as it may deem fit, establish a Fund into which shall be paid all money donated or
contributed to the fund or accruing to the Fund from any source, other than budgetary
allocation and grant by the Government.


        (2)      Donations    or contributions   received from the sources other than the
budgetary allocation and grant by the Government may be invested with the financial
institutions approved by the Commission and may be withdrawn when required and these
funds will be non-lapseable.


        (3)      The funds provided by the GovernmentJParliament        will be lapsable at the
end of the Financial Year.


        (4)      Any unexpended      balance of the money out of the Fund other than
provided by the GovernmentJParliament        at the end of the financial year, shall be carried
forward as credit to that particular Fund for the next financial year, and will remain non-
lapsable.


        (5)      The administrative work, including the receipt of money appropriated by
the Parliament for, or donated for the purposes of the Fund or accruing to the Fund from
any source, and making payments from the fund in compliance with recommendations in
the terms of this Act shall be performed by officers in the public service designated by
the Commission.
                                            14
        (6)       The Commission shall appoint an officer designated under sub-section (5)
as accounting officer in respect of the Fund.


20.           Accounts and audit.- (1) The Commission shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such form as may
be prescribed by the Commission in consultation with the Auditor-General of Pakistan.


        (2)       The accounts of the Commission shall be audited by the Auditor General,
at such intervals as may be specified by him.


        (3)       The Auditor-General   and any person appointed by him in connection with
the audit of the accounts of the Commission under this Act shall have the same rights and
privileges    and the authority in connection with such audit as the Auditor-General
generally has in connection with the audit of government accounts, connected vouchers
and other documents and papers and to inspect any of the offices of the Commission.


        (4)       The accounts of the Commission as certified by the Auditor-General or an
other person appointed by him in this behalf, together with the audit report thereon shall
be submitted by the Auditor General to the President who shall cause it to be laid before
the National Assembly in terms of Article 171 of the Constitution.


                                        CHAPTER-VII
                                HUMAN RIGHTS COURTS


21.     Human Rights Courts.-           For the purpose     of providing   speedy   trial of
offences arising out of violation of human rights specified by the Federal Government in
consultation with the Commission by notification in the Official Gazette, the Provincial
Government may, with the concurrence            of the Chief Justice of the High Court, by
notification, specify for each district a Court of Session to be a Human Rights Court to
try the said offences:
                                             15
       (a)     a Court of Session is already empowered or specified as a special court, or
       (b)     a special court is already constituted, for such offences under any other
               law for the time being in force.


22.    Special Public Prosecutor.-           For every Human Rights Court, the Provincial
Government shall, by notification, specify a Public Prosecutor or appoint an advocate
who has been in practice as an advocate for not less than ten years, as a Special Public
Prosecutor for the purpose of conducting cases in that Court.


                                        CHAPTER-VIII
                                     MISCELLANEOUS


23.    Constitution    of special investigation   teams.-        Notwithstanding      anything
contained in any other law for the time being in force, where the Government considers it
necessary so to do, it may constitute one or more special investigation teams consisting of
such police officers as it thinks necessary for purpose of investigation and prosecution of
officers arising out of violations of human rights:


24.    Protection     of actions taken in good faith.-      No suit or other legal proceedings
shall lie against the Federal Government or Commission, any member or any person
acting under the directions either of the Federal Government or Commission in respect of
anything which is in good faith done or intended to be done in pursuance of this Act or
any rules or any order made thereunder or -in respect of the publication by or under the
authority of the Government or the Commission of any report, paper or proceedings.


25.    Members        and officers     to be public   servants.- _     Every member of the
Commission and, every officer appointed or authorized by the Commission to exercise
functions under this Act shall be deemed to be a public servant withID the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).


26.     Appointment      of advisors    and consultants.-      .The Commission may appoint
such advisors and consultants as it may consider necessary for the efficient performance
of its functions on such terms and conditions as may be prescribed.
27.    Advisory     Committee.-     The Commission may set-up NGOs Advisory
Committees consisting of human rights activists, civil society organizations and
representative of Federal Ministries and Division and Provincial Departments concerned
with the human rights issues.


28.    Power to make rules.- The Commission may, with the prior approval of the
Federal Government, make rules for carrying out the purposes ofthis Act.


29.    Directives of the Federal Government.-           For furthering the functions of the
National Commission for Human ~ghts the Federal Government may, as and when it
considers necessary, issue directives to the Commission on matters of Policy; and such
directives shall be binding on the Commission.


30.    Power to remove difficulties.-       If any difficulty arises in giving effect to the
provisions of this Act, the Federal Government may, by order published in the official
Gazette, make such provision, not inconsistent with the provisions of this Act as appear
to it be necessary or expedient for removing the difficulty.


                        STATEMENT OF OBJECT AND REASONS
              In pursuance of UN General Assembly Resolution No. 48/134 of 20th
December, 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.
2.               The formation of National Commission for Human Rights would not only
fulfill 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.

3.              The decision to establish an independent National Commission for Human
Rights affirms Government's firm commitment to the promotion·and protection of human
rights in the country.
 4.            , The Bill is designed to aclllev~the aforesaid objects.


                                                        S\mD MUMTAZ ALAM GILLANI
                                                              Minister-in-charge
source: www.na.gov.pk