Minorities commission: a wait worth it?

Finally, the National Commission for Minorities Rights Act, 2025 came into effect on December 16, 2025 after the President of Pakistan's assent. The government moved a bill on the National Commission for Minorities Rights (NCMR) in Senate in January 2025 while Naveed Amir Jeeva of Pakistan People's Party moved another draft in the National Assembly in the following month, which he later conceded to merge with the government bill.

On March 19, a delegation of civil society, led by former Senator Farhatullah Babar of the Human Rights Commission of Pakistan (HRCP) and Peter Jacob of the Centre for Social Justice (CSJ), who had carried out a massive awareness campaign over the years for statutory NCMR, held a meeting and proposed substantive recommendations to Senator Ali Zafar who was convener of the sub-committee of Human Rights Committee of Senate on this bill. The sub-committee further invited minority MNAs and Senators along with civil society delegation in the meetings held on March 26 and another on April 17 where input from all stakeholders helped improve the bill considerably. In a leap forward, the Senate passed the bill on April 29.

Federal Minister Azam Nazeer Tarar presented the bill in National Assembly which was passed on May 12. However, the President returned the bill on 15 June with some reservations. The parliament passed the bill in a joint session on December 2, 2025 which was referred to the Presidency again. Hence, a consistent demand of the concerned citizens over establishing a statutory NCMR stands honoured in a democratic manner.

It is important to remember the prolonged struggle that had been part and parcel to set the action. An ad hoc minorities commissions was historically formed under the Federal Ministry for Religious Affairs (MORA) since 1990 which lacked any influence in policymaking and resolution of issues related to minorities rights due to inadequate legal basis, limited mandate, lack of independence and insufficient resources. The Supreme Court, therefore, directed the government (SMC No 1 of 2014) to constitute a National Council (Commission) for Minorities Rights.

In the following years, three private bills were tabled in the National Assembly by parliamentarians Beelam Hasnain (PPP), Lal Chand Malhi (PTI) and Sanjay Perwani (MQM). The government argued that MORA would bring a comprehensive bill, however, the idea was not materialised.

In 2018, HRCP, CSJ and the Cecil and Iris Chaudhry Foundation filed a petition before the Supreme Court for implementation of the 2014 judgment. The government again chose to notify a non-statutory Commission on May 5, 2020 under an executive order which was in place till April, 2023.

It is important that for legislation on NCMR this time, the Ministry of Law and Justice (MoJ) in consultation with the Ministry of Human Rights (MOHR) performed proactively. The provisions of the NCMR Act 2025 provides for a body which satisfies most of the requirements of the UN Paris Principles and the directives of the Supreme Court. The law provides MOHR will be the affiliate ministry for the commission in consistency with other National Human Rights Institutes (NHRIs).

The Commission will bring two minority members (one female mandatory), one from dominant minorities group from each province and one from the Islamabad capital territory who will be not less than 35 years of age with demonstrable knowledge or practical experience in advocacy of human rights and known integrity. In the definition of minorities, unrecognised minorities like Kalash are also included.

The Chairperson shall be head of the Commission and shall be appointed by the Prime Minister amongst the three nominees selected by the Parliamentary Committee formed by leaders of the both houses from Treasury Benches and opposition benches in parliament.

The Chairperson and every member, other than ex-officio members, shall hold office for a term of four years on full time bases. The Commission will continue to function through its Chairperson and members until their successors are duly appointed.

Three representatives from other three NHRIs will be incorporated to avoid overlap in functions of the commissions and build synergies. Four representatives, one each from MOHR, MoJ, MORA and the Ministry of Interior, will also be the ex-officio members.

To ensure inclusion of the religious diversity, a Council will be constituted under this Act which will exercise all powers and perform all functions as assigned by the Commission. The members of the council will be appointed by the Prime Minister on the recommendations of NCMR.

As per law, the NCMR will enjoy complete administrative and financial autonomy. It is empowered to conduct an inquiry with powers of a civil court in cases of human rights violations against minorities. It is mandated to safeguard and promote social, economic, political and legal rights of minorities, as provided under the Constitution, and in accordance with international instruments ratified by Pakistan.

The government is required under the law to initiate the process of establishing a robust NCMR within two months after passing the law. The appointment of the Chairperson and the members now determines if this effort will bear fruit in upholding the rights and protection of minority communities in Pakistan. Because, only an independent institution with credible commissioners can ensure Pakistan's promise to fulfil constitutional guarantees and international commitments to change the lives of disadvantaged citizens in particular but also to establish the equal rights in letter and action.