Minorities commission gets legal powers

Joint sitting approves body as EU links GSP-Plus access to strengthened HR safeguard

ISLAMABAD:

Pakistan on Tuesday approved a law to establish the National Commission for Minorities Rights and gave it vast powers of summoning people as witnesses, taking their statements on oath and seeking support of the higher judiciary in giving the minorities their rights.

A joint session of parliament approved the law as part of the European Union's (EU) conditions for the continuation of the duty-free access for the Pakistani goods to the markets of the 27-nation bloc. The joint session passed the law with 160-79 majority just a day before the EU GSP-Plus monitoring mission's initial recommendations to the government.

Law Minister Azam Nazeer Tarar tabled the bill amid strong opposition from the Jamiat Ulema-e-Islam-Fazl (JUI-F), and the Pakistan Tehreek-Insaf (PTI). The PTI tried to link the issue with the religion, which Law Minister Tarar and Deputy Prime Minister Ishaq Dar vehemently objected to.

"The opposition tried to give a wrong colour to the bill," said Dar, while condemning the opposition lawmakers for using religion for the political gains. Tarar clarified that "neither the law and the Constitution, nor our conscience allows us to make a proposal that contradicts the Quran and Sunnah".

Parliament passes the law at a time when an EU delegation led by Sergio Balibrea, Adviser, Directorate General for Trade, is visiting Pakistan. The mission will give its report by February next year and this will also become a base for the new GSP-Plus scheme.

Pakistan's exports are again nose diving with 6.4% decrease in just five months of this fiscal year. The country's external sector stability hinges upon the continuation of the GSP-Plus duty-free access to the European markets that help offset the inefficiencies and high cost of the Pakistani goods.

The visiting EU delegation had expressed its concerns about the status of minority rights, human rights and freedom of expression, according to the officials, privy to these discussions.

The law minister clarified that non-Muslims are defined in the Constitution and there is no change in the definition of the 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 judgment called for the constitution of a commission for minorities.

The president had earlier returned the bill due to objections on the definitions of human rights, minorities, lack of clarity on the appointment of the chairperson of the commission and administrative and financial powers. The minister said that all the objections raised by the president have been addressed in the revised legislation.

According to the bill, the provisions of this law have effect notwithstanding anything contrary contained in any other law for the time being in force. The human rights have been defined as the rights relating to life, liberty and dignity of the citizens guaranteed and included in the international instruments, including political and women rights.

The minorities shall have the same meaning as defined under Article 260 of the Constitution and rights of minorities include human rights in general, special safeguards and protections provided by law and any affirmative measures and policy incentives to minorities, exercisable individually and collectively.

The chairperson of the commission will be appointed for four years and that person has to be a citizen of Pakistan not below the age of 35 years. The National Assembly Secretariat would within 60 days initiate and complete the process for the appointment of the chairperson of the commission.

Powers

The commission will have the authority to assess and monitor implementation of the constitutional guarantees and safeguard for promotion and protection of rights of minorities. It would examine and review existing or proposed policies or programmes, plans of action, legislation, rules, regulations, administrative instruments, or other affirmative measures.

It will recommend amendments, give advice or propose suggestion for prevention of discrimination and protection of rights of minorities to the authorities concerned.

The commission would study the application of international minorities, rights, agreements and conventions and provide to the government reports, proposals or recommendations necessary for effective application of such rights or agreements and conventions.

The commission can take suo moto or on a petition presented to it by a victim or any person on his behalf, inquire into complaints of any violation of rights of minorities or abetment or aiding thereof by any organisation, public or private, or any body, department, authority or instrumentality of any federal, provincial or local government.

It can take suo moto of any neglect or wilful breach of any provision of law in the prevention of or fair and independent inquiry or investigation of such a violation by any person or authority and would monitor implementation status of minorities rights, judgments and, where necessary, seek guidance of indulgence and support of higher judiciary to effectively deal with any bottlenecks, according to the law.

The Commission can submit special reports to the Parliament through the government on any matter pertaining to minorities and in particular the challenges encountered by them.

It will take part in International forums and interact with Human Rights experts across the globe; take special measures for integration of all groups among minorities including Dalit and scheduled caste to promote solidarity and eliminate racial discrimination and recommend policy measures for social emancipation, according to the law.

The commission shall have full powers to create new posts and abolish old posts. It will have full powers to appropriate funds from one head of account to another head of account and to sanction expenditure on any item from within the allocated budget.

Inquiry into complaints

The commission, while inquiring into the complaints of violations of minorities' rights, may call for information or report from the government or any other authority or organisation, according to the law.

The commission while inquiring into complaints have all the powers of a civil court, trying a suit under the Code of Civil Procedure, 1908 in respect of summoning and enforcing the attendance of witnesses and examine them on oath; requiring discovery and production of documents, according to the law.

The commission will receive evidence on affidavits; requisition any public record or copy from any court or office; and issue commission for the examination of witnesses or documents.

The commission shall have power to require any person, subject to any privilege which may be claimed by that person to furnish information on such points or matters as in opinion of the commission may be useful for or relevant to the subject matter of the inquiry, the law states.

Where the inquiry discloses violation of minorities' rights or negligence in prevention of violation of minorities' rights by a public servant; it may recommend to the government or authority concerned the initiation of proceedings for prosecution or such other action as the commission may deem fit against the concerned persons.

It can recommend to the concerned 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. The commission may recommend any disciplinary action to the competent authority against any person or employee on noncompliance of the order of the commission.