Two Important Human Rights Focused Provincial Legislations
Implementation of Two Important Human and Child Rights Focused Provincial Legislations is Required
by Amir Murtaza
May 6,
2013
Violations and abuse of the rights of ordinary people is a problem, which is more or less visible in every part of world. The intensity and nature of such violations may differ from one region to another; however, it is a fact that violation of human rights is an important issue in poor and developing countries.
According to available literature, “Human rights are commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." It is further stated that, “Human rights are the basic rights and freedom to which all human beings are entitled. These rights include rights to freedom of expression and movement, equality before the law, the rights to live, right to education, religion, to own property, etc.”
Advocate Mian Naeem observed that, “Human Rights are applicable in every part of the world and are the same for all people of the world.” He added that, “Human rights violations occur when anyone, from state official to ordinary person, and in any capacity violate, abuse, ignore or deny the fundamental human rights.”
Like other poor and developing countries of the world, Pakistan is also struggling to counter the human rights violations in many parts of country. The country, in recent years, have taken measures and developed important legislation at federal and provincial level to protect the human rights of the citizens.
One of such legislation was the Sindh Protection of Human Rights Act 2011. The provincial level legislation came into being two years back. The law clearly stated that after the commencement of this Act, there shall be established a Commission to be known as the Sindh Human Rights Commission. However, after a span of two years no action has been taken to implement the Sindh Protection of Human Rights Act 2011.
It is really heartening to know that Sindh Provincial Minister for Human Rights and Women Development have taken notice of the inordinate delay in the enforcement of the Sindh Protection of Human Rights Act 2011. The Minister has ordered to establish Provincial Human Rights Commission as required by the law.
Establishment of Provincial Human Rights Commission is certainly an important step for the promotion and protection of human rights in Sindh province.
It is pertinent to mention that the
Provincial Human Rights Commission has wide ranging power,
including:
(i) inquire, suo moto or on a petition
presented to it by a victim or any person on his behalf,
into complaint of –
(a) violation of human
rights or abetment thereof;
(b) negligence in the
prevention of such violation, by a public
servant;
(ii) recommend to Government the remedial
measures including action to be taken against the persons
involved in violation of human rights;
(iii)
formulate, implement and regularly update policies with a
view to protect human rights;
(iv) visit, under
intimation to Government, any jail or institution under the
control of Government where persons are kept or detained or
admitted for purpose of treatment, reformation or protection
to see the living conditions of the inmates and make
recommendations thereon;
(v) review the safeguards
provided by or under the Constitution or any law for the
time being in force for protection of human rights and
recommend measures for their effective
implementation;
(vi) study treaties and other
international instruments on human rights and make
recommendations for their effective
implementation;
(vii) undertake and promote
research in the field of human rights;
(viii)
spread human rights literacy among various sections of
society;
(ix) promote awareness of the safeguards
available for protection of human rights through print and
electronic media, seminars and other available
means;
(x) encourage the efforts of
non-governmental organizations and institutions working in
the field of human rights;
(xi) publish or cause
to be published the various policies, details, data and
information relevant to the affairs of the Commission on a
regular basis and ensure reasonable access of the public to
the same;
(xii) appoint such officers and staff as
may be necessary for carrying out the purposes of this Act,
subject to the approval of Government; and
(xiii)
shall perform such other functions necessary for protection
of human rights, as may be prescribed.
Advocate Ashraf Suleman observed that, “Legislation is the most important instrument of government in protecting their citizens.” He however, added that, “Implementation and enforcement of laws are extremely necessary otherwise the fine words lost their value.”
It is relevant to mention that the Sindh Child Protection Authority Bill, 2011 was passed by the Provincial Assembly of Sindh on 16th May, 2011 and assented to by the Honorable Governor of Sindh on 9th June, 2011. As per prescribed procedure, the Authority has to be established within Sixty (60) days; however, after a span of almost two years no action has so far been taken to establish the Sindh Child Protection Authority.
The
proposed Authority shall have the following
powers.
(a) to coordinate and monitor the child
protection related issues at the provincial and district
level;
(b) to ensure the rights of the children in
need of special protection measures;
(c) to
support and establish institutional mechanisms for the child
protection issues;
(d) to make necessary efforts
to enhance and strengthen the existing services of different
children welfare institutions;
(e) to set minimum
standards for social, rehabilitative, reintegrative and
reformatory institution and services and ensure their
implementation;
(f) to supervise in the light of
minimum standards, the functions of all such institutions
established by government or private sector for the special
protection measures of the children;
(g) to set
minimum standards for all other institutions relating to the
children (like educational institutions, orphanages, shelter
homes, remand homes, certified school, youthful offender
work places, child parks and hospitals etc) and ensure their
implementation;
(h) to review laws, propose
amendments in the relevant law, wherever necessary, so as to
bring those in conformity with the relevant international
instruments ratified by Pakistan and to propose new
laws;
(i) to recommend development of a Policy and
Plan of Action for the children;
(j) to monitor
and report on the violation of the national and provincial
laws and international instruments and take suitable
remedial measures for the protection of the
child;
(k) to set up child protection management
information system and prepare annual reports;
(l)
to mobilize financial resources for programmes relating to
special protection of children through provincial, national
and international agencies;
(m)to promote and
undertake systematic investigation and research on child
protection issues;
(n) to initiate through
relevant authorities, prosecution of the offenders when
children are victim of the offence;
(o) to
establish and manage the Fund;
(p) to do such acts
as are ancillary and incidental to the above
functions;
(q) to investigate or cause
investigation, on its own or upon a complaint, into any
matter having bearing on the interest of the children;
and
(r) any other functions, which may be assigned
to it by Government.
According to the Act, all the executive authorities shall also assist the Sindh Child Protection Authority in the performance of its functions.
Advocate Ashraf Suleman commented that, “Laws are meant to develop a peaceful society and strong implementation of laws assures safety and security in any country.” The senior Advocate opined that chaos was the order of the day in societies where criminals have no fear of punishment and they enjoy the benefit of the absence of proper law enforcement.
Non-implementation of laws and legislations leads to several problems in the society. Pakistan, at national and provincial level, have reasonably adequate set of laws; additionally, the previous government, at federal and provincial level, has also proposed and developed some comprehensive legislation such as the Sindh Protection of Human Rights Act 2011 and Sindh Child Protection Authority Act, 2011. Both legislations have great potential to promote and protect rights of vulnerable people, including women, children and marginalized groups. It is strongly suggested that next government should put sincere efforts and make sure strict implementation of all laws. Meantime, it is also recommended that present caretaker government in Sindh province should establish Sindh Child Protection Authority as required by the Sindh Child Protection Authority Act, 2011.
ENDS