The joint session approves the body as the EU links access to the GSP-Plus with a strengthened safeguard of human rights
ISLAMABAD:
Pakistan on Tuesday passed a law to establish the National Commission for Minority Rights, giving it broad powers to call people as witnesses, take their statements under oath and seek support from the higher judiciary to grant minorities their rights.
A joint session of parliament passed the law as part of the European Union (EU) conditions for continued duty-free access of Pakistani products to the 27-nation bloc’s markets. The joint session passed the law with a majority of 160-79 just a day before initial recommendations to the government from the EU’s GSP-Plus monitoring mission.
Law Minister Azam Nazeer Tarar introduced the bill amid strong opposition from Jamiat Ulema-e-Islam-Fazl (JUI-F) and Pakistan Tehreek-Insaf (PTI). The PTI attempted to link the issue with religion, which Law Minister Tarar and Deputy Prime Minister Ishaq Dar vehemently opposed.
“The opposition tried to give a wrong color to the bill,” Dar said, while condemning opposition lawmakers for using religion for political gains. Tarar clarified that “neither the law nor the Constitution, nor our conscience allows us to make a proposal that contradicts the Quran and Sunnah.”
Parliament approves the law at a time when an EU delegation led by Sergio Balibrea, Advisor to the Directorate General of Trade, is visiting Pakistan. The mission will present its report in February next year and this will also form the basis for the new GSP-Plus scheme.
Pakistan’s exports are plummeting again with a decline of 6.4% in just five months of this fiscal year. The stability of the country’s external sector depends on the continuation of GSP-Plus duty-free access to European markets, which helps offset the inefficiencies and high cost of Pakistani products.
The visiting EU delegation had expressed concerns about the state of minority rights, human rights and freedom of expression, according to officials familiar with these discussions.
The Minister of Justice clarified that non-Muslims are defined in the Constitution and there is no change in the definition of non-Muslims. “This is a commission for non-Muslims. Our Hindu, Christian and Parsi brothers are as good Pakistanis as we are,” he added. The minister recalled that a 2014 Supreme Court ruling called for the constitution of a commission for minorities.
The president had earlier returned the bill due to objections over the definitions of human rights, minorities, lack of clarity over the appointment of the commission chairman and over administrative and financial powers. The minister said all objections raised by the president have been addressed in the revised legislation.
Under the bill, the provisions of this law shall take effect notwithstanding anything to the contrary in any other law currently in force. Human rights have been defined as the rights relating to life, liberty and dignity of citizens guaranteed and included in international instruments, including political and women’s rights.
Minorities will have the same meaning as defined in Article 260 of the Constitution and the rights of minorities include human rights in general, the special safeguards and protections provided by law and any affirmative measures and incentive policies for minorities, exercisable individually and collectively.
The chairman of the commission will be appointed for four years and that person must be a citizen of Pakistan and not less than 35 years of age. The Secretariat of the National Assembly would initiate and complete within 60 days the process for the appointment of the president of the commission.
Powers
The commission will have the authority to evaluate and monitor the implementation of constitutional guarantees and safeguards for the promotion and protection of minority rights. Review and review existing or proposed policies or programs, action plans, legislation, rules, regulations, administrative instruments or other affirmative measures.
Recommend amendments, give advice or propose suggestions for the prevention of discrimination and the protection of minority rights to the authorities concerned.
The commission would study the implementation of international minority rights, agreements and conventions and provide the government with reports, proposals or recommendations necessary for the effective implementation of such rights or agreements and conventions.
The commission may, on its own initiative or on a petition filed by a victim or any person on his or her behalf, investigate allegations of any violation of minority rights or of complicity or assistance by any organization, public or private, or any agency, department, authority or instrumentality of any federal, provincial or local government.
It may take suo moto of any negligence or willful violation of any provision of law in the prevention or fair and independent investigation of such violation by any person or authority and would monitor the status of implementation of minority rights and sentences and, where necessary, seek guidance, leniency and support from the higher judiciary to effectively address any hurdles, in accordance with law.
The Commission can submit special reports to Parliament through the government on any matter relating to minorities and, in particular, the challenges they face.
You will participate in international forums and interact with human rights experts from around the world; take special measures for the integration of all groups among minorities, including Dalits and scheduled castes, to promote solidarity and eliminate racial discrimination and recommend political measures for social emancipation, in accordance with the law.
The commission will have full powers to create new posts and abolish old posts. He will have full powers to appropriate funds from one account manager to another and to sanction expenditure on any item within the assigned budget.
Complaint investigation
The commission, while investigating allegations of violations of minority rights, may request information or reports from the government or any other authority or organization, in accordance with the law.
The commission, in investigating complaints, has all the powers of a civil court and tries a suit under the Code of Civil Procedure, 1908 with respect to summoning and enforcing the appearance of witnesses and examining them under oath; require discovery and production of documents, in accordance with law.
The commission will receive evidence through affidavits; request any public record or copy from any court or office; and issue a commission for the examination of witnesses or documents.
The commission shall have power to require any person, subject to any privilege which he may claim, to provide information on points or matters which, in the opinion of the commission, may be useful or relevant to the subject of the investigation, the law provides.
When the investigation reveals violation of minority rights or negligence in preventing violation of minority rights by a public servant; may recommend to the government or authority concerned the initiation of prosecution proceedings or any other measure that the commission considers appropriate against the persons concerned.
It may recommend to the government or competent authority that it grant the victim or his or her family any immediate provisional measures that the commission deems necessary. The commission may recommend to the competent authority any disciplinary action against any person or employee for failure to comply with the order of the commission.
