Karachi
Speakers at a consultative meeting on Saturday called for declaring the Sindh Human Rights Commission an independent body and empowering it to end human rights abuses in the province.
The SHRC, reviewed the existing Sindh Protection of Human Rights Act, 2011, which guides the establishment, powers and functions of the commission, anddiscusses gaps and challenges preventing its effective functioning.
Justice (retd) Majida Razvi, SHRC’s chairperson, shared the journey of the Commission that started in 2013 from a basic set up with not even a single dedicated office.
She recalled that introductory brochures and the first annual report were printed with the help of friends in civil society as the first installment of grant-in-aid from the government came through a year later.
“Members still await clearance of dues, salary payments and honorariums. Three years after its establishment, there is no secretary.”
Justice Majida observed that since SHRC’s powers and functions were dependent on the processes outlined in the law regulating the commission, there was need to review the laws and empower the commission and increase its capacity to deliver on protection and promotion of human rights in the province.
Justice (retd) Shaiq Usmani gave a critical review of the law, specifically pointing towards the definition of human rights in the Act, which he stressed, sought to restrict the mandate of the commission.
“The commission should be empowered to deliver on human rights – defined in a broad category.”
He also criticised the commission’s powers being limited to giving recommendations only, whereby they could make recommendations to the government over reported cases of human rights abuses.
He said the commission should have the power to turn to the court to resolve human rights violations cases, adding, that without a dedicated enforcement cell, there was no way the commission’s role of protecting human rights could be ensured.
While reviewing the law, Advocate Faisal Siddiqi said acts regulating the National Commission for Human Rights (NCHR) and SHRC had been drawn from laws covering the establishment of human rights commissions in India.
He said the NCHR was more empowered in terms of its mandate and outreach compared to the SHRC. Human rights laws and institutions work asincremental measures which seek to transform the society, Siddiqi added.
He emphasised over the need to declare SHRC an independent body with the power to question all state institutions, including the armed forces and the intelligence agencies, over human rights violations.
He also criticised the provisions regarding government’s powers over appointment and removal of the members and chairperson of the commission, which sought to compromise the independence of the SHRC.
Advocate Wasim Akmal, in his presentation, emphasised that modern techniques of drafting legislation involve desk review of the present law, its comparative analysis with other jurisdictions, and economic appraisal of the funds required for the law’s effective implementation. He said that it needed to be seen if the SPHR Act, 2011 followed the procedure.
Human Rights’ activist Iqbal Detho said the body had to be independent and effective and should have fiscal autonomy, independent cadre of officials and a mandate that addresses the full spectrum of human rights in terms of civil, political, economic, social and cultural rights.
While emphasising over participation of opposition in selection of chairperson and members of the commission, he said the selection pool should be inclusive rather than confined to retired judges.
Anis Haroon, a member of the NCHR, Khawar Mumtaz, former chairperson National Commission on the Status of Women, Karamat Ali, Pakistan Institute of Labour Education and Research Executive Director, Mahnaz Rahman Aurat Foundation Resident Director and additional secretary law department Aslam Sheikh also spoke at the meeting.
The SHRC, on May 9, 2013, notified that under Section 3(1) of the SPHR Act, 2011,gave the body mandate to protect and promote fundamental human rights enshrined in the Constitution of Pakistan.
The commission’s powers and functions included inquiry into cases of human rights violations, recommend related remedial measures to the government, formulate and update policies with a view to protect human rights, undertake research in the field of human rights and promote awareness for safeguards available for human rights, among others.
The Commission was also empowered to visit government facilities such as hospitals and jails to review living conditions of inmates and give recommendations if needed.