ISLAMABAD: The government has initiated the process to set up an independent commission on human rights under a law passed during the PPP government, two years ago.

The ministry of law and justice had already sent a summary regarding appointment of nine members for the National Commission on Human Rights (NCHR) to prime minister’s office, Information Minister Pervez Rashid said.

Mr Rashid, who also holds the portfolio of law and justice, told Dawn that Prime Minister Nawaz Sharif was expected to take a decision on the summary after his return from New Delhi.

The government had earlier abolished the human rights ministry and converted it into a cell headed by a joint secretary of the ministry of law and justice. But it came into action after the opposition raised the matter in the Senate earlier this month, forcing Leader of the House Raja Zafarul Haq to promise formation of the commission by the end of May.

A law seeking creation of a state-funded but independent NCHR was passed by parliament on May 4, 2012 after remaining under discussion at the committee level for almost three years.

The bill was tabled in the National Assembly by then human rights minister Mumtaz Alam Gilani in December 2008, two months after its approval by the federal cabinet.

The National Assembly Standing Committee on Human Rights, headed by Riaz Fatyana of the PML-Q, took another two years to approve the draft of the bill with major amendments made in August 2011.

The law empowers the federal government to appoint the NCHR members under a procedure involving a public notice inviting suggestions, consultations between the prime minister and the leader of the opposition in National Assembly, and approval by a bipartisan parliamentary committee before a presidential confirmation.

According to government and opposition sources, Prime Minister Nawaz Sharif had consulted opposition leader Syed Khurshid Shah on names for the commission’s members and chairman six months ago. Mr Shah responded by agreeing to most of the names and suggesting only a few changes.

However, since then there had been no movement from the government’s side until the issue was raised by the PPP’s Farhatullah Babar in the Senate on May 12.

Mr Babar said that his party’s government had initiated the process for setting up the NCHR and also finalised the names of its members but it could not be notified because of the installation of the caretaker government in March last year.

Following Mr Haq’s assurances, a four-member bipartisan parliamentary committee was set-up last week with Senator Muzaffar Hussain Shah of the PML-F as its convener.

Muzaffar Shah told Dawn that the committee was waiting for the names of members from the PM’s office.

The committee has a final say in the appointment of members and chairperson of the NCHR.

Mr Shah said that if an agreement could not be reached between the prime minister and the opposition leader then each would be asked to submit three names against every position while the committee would approve final names.

Mr Babar of the PPP welcomed the decision of setting up the NCHR and said that apart from being bound by prior legislation, the country was a signatory to the Paris Declaration of 1993, and therefore obligated to set up the body.

As the commission will be independent of the government, he said, it could help deflect pressure from political governments by inquiring, on its own or on a petition, into violation of human rights or negligence in the prevention of such violations by public servants, as in the case of the Khuzdar mass graves or incidents of enforced disappearances and extra-judicial killings in the country.

“I believe a political government should welcome the commission. Delaying its establishment will only make people cynical about democracy and human rights,” he added.

Mr Babar said these were dangerous times for human rights in Pakistan, as people continued to disappear and dead bodies found dumped on a regular basis.

The NCHR will comprise of a chairperson who has been or is qualified to be a judge of the Supreme Court or possesses knowledge of matters relating to human rights; one member from each province, the Federally Administered Tribal Areas and Islamabad with knowledge of matters relating to human rights; the chairperson of the National Commission on the Status of Women; one member from minorities and a secretary.

Its functions would include inquiring into human rights violations or abetment at its own initiative or on a complaint; intervening into court proceedings on allegations of violation by seeking to become a party in the case; visiting jails or other places of detention; reviewing factors that inhibit enjoying human rights; spreading human rights awareness; submitting independent reports to the government on the state of human rights in Pakistan and developing a national plan of action for promotion and protection of human rights.

After establishment of the NCHR, every citizen will have the right to register a complaint in case of human rights violations against any individual or institution.

The commission, while inquiring into complaints, will have all powers of a civil court and can summon any individual, public or private department.

Published in Dawn, May 27th, 2014