PAKISTAN: Stop Merger of Ministry of Human Rights with Ministry of Law & Justice

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the government of Pakistan has merged the Ministry of Human Rights (MoHR) with the Ministry of Law and Justice (MoLJ) on June 7, allegedly to pursue its policy of denying people their fundamental rights under the constitution. The government’s decision will result in Parliament not being able to closely monitor human rights issues. This will undermine the importance of human rights and human rights violations in the country. 
It is not the first time that Prime Minister Nawaz Sharif has abolished the ministry of human rights as an independent entity. When he came in power in 1997, he did the exact same thing with the MoHR, due to his political rivalry with former Prime Minister Benazir Butto. Benazir Butto had, during her first tenure in 1988, also formed a Human Rights Cell in the Prime Minister Secretariat. This too was abolished in 1990 Prime Minister Nawaz Sharif. History repeats itself now with Nawaz Sharif again deciding to abolish the MoHR, recreated in 2008 by the previous government of Pakistan People’s Party. The incumbent government has also lifted the moratorium on death sentences, which had remained in force for the past five years.

Please sign the urgent appeal and urge international human rights organizations, including the UN, to use their influence on the present government so it may restore the Ministry of Human Rights as an independent entity and abolish the death sentences.

CASE NARRATIVE:

The following information related to the government’s June 7th move has been shared by Strengthening Participatory Organisation (SPO):

The government of Pakistan, through a notification, has merged the Ministry of Human Rights (MoHR) with the Ministry of Law and Justice (MoLJ) on June 7 and disallowed its functioning as an independent Ministry. The new Ministry has been named Ministry of Law, Justice, and Human Rights (MoLJ&HR). The general excuse given is that the government has re-organized the ministries to curtail expenses. However, the civil society of Pakistan has another view – that it was the effort of Benazir Bhutto to constitute an independent and autonomous ministry for human rights and Prime Minister Nawaz Sharif, in his rivalry, has abolished Ministry’s independence. 

Find here the government notification dated 7 June 2013….

After the merger of the Human Rights Ministry, there would only be one minister dealing with law and legal affairs, matters related to the justice system, and all issues pertaining to human rights and survivors of HR abuses. In other words, affairs related to human rights will most likely become a third priority for the minister in-charge.

Difference between the mandates of the Ministry of law and the Ministry of human rights is inconceivable for the government under Prime Minister Nawaz Sharif. The mandate of the Ministry of law and justice is to defend laws and represent the state in courts on all matters including those pertaining to human rights violations by the state. On the other hand, the mandate of the Ministry of human rights is to redress the grievances of the survivors/victims and to protect and safeguard the rights of the people and their interests.

The merger decision will also affect the rights of women. The subject of Women’s Development had been retained federally under the Ministry of human rights and now women issues will lose priority and focus. The same will be the case with the rights of children, youth, and religious minority groups, which will all be undermined.

The ill-intentions of the incumbent government against human rights can be judged by its lifting the moratorium on death sentences and starting the process of hanging prisoners on death row. The previous government of the Pakistan People’s Party had suspended executions during its tenure that expired on June 30 this year. The government has not consulted other political parties in taking its decision to proceed with executing death sentences.

Further undoing undo steps taken by the last government towards reform, the government of Nawaz Sharif has suspended the process that was leading to the formation of a National Human Rights Commission (NCHR) supposed to be established in accord with an act of Parliament passed in May 2012.

The MoHR had been working on drafting legislation on custodial torture and rehabilitation of torture survivors . It had almost completed consultations with civil society. After the merger, legislation against torture will be put on the back burner.

The MoHR’s mandate included the following:

1. Review of the human rights situation in the country, including implementation of laws, policies and measures.
2. Coordination of the activities on human rights, of all the federal and provincial Government Ministries, Divisions, and Departments.
3. Taking initiatives for the harmonization of national legislation, regulations, and practices with international human rights Conventions and Treaties to which Pakistan is a State Party, and monitoring their implementation.
4. Obtaining and compiling data, information, documents, and reports on complaints and allegations of human rights violations from all citizens and residents of Pakistan, as well as from Government entities.
5. Carrying out investigations and inquiries regarding such complaints of violations of human rights and taking action for redress.
6. Pursuing complaints of human rights violations brought by international Non-Government Organizations (INGOs) or foreign Governments.
7. Representation of Pakistan at international fora, such as the UNHRC’s Universal Periodic Review (UPR), as well as international bodies, organizations and conferences relating to human rights, in consultation and in conjunction with the Ministry of Foreign Affairs (MoFA) and CSOs.
8. Raising public awareness of human rights, and of laws and remedies available to address the violation of human rights through the mass media; and incorporation of human rights components in public sector education curricula.
9. Provision of facilities for professional technical training courses relating to human rights issues.
10. Protection and promotion of human rights in cooperation and collaboration with national Human Rights NGOs.

ADDITIONAL INFORMATION:

The ministry of human rights had thus far achieved the following:

1. Pakistan was twice been elected as one of the 47 member States at the United Nations Human Rights Council (UNHRC) and is currently serving the 2012-15 term.
2. The MoHR worked with the members of the National Assembly and Senate Standing Committees on Human Rights, along with some Civil Society representatives to draft, review and revise the Bill for the establishment of a permanent statutory body – the National Commission on Human Rights (NCHR), which was eventually enacted in 2012.
3. The MoHR worked with the MoFA and other Government entities to prepare Pakistan’s Country Reports for the UPR, including the follow up to Pakistan’s ratification of Human Rights Conventions, including the CEDAW, CRC, ICCPR, CAT, IECSCR and CEAFRD.
4. 15 existing national laws were amended to incorporate human rights aspects.
5. A National Human Rights Coordination Committee was established.
6. To receive and address complaints of human rights violations across Pakistan, the MoHR (and its provincial arms) set up Complaint Boxes at the District and Tehsil/Taluka courts and in the Ministry of Human Rights.
7. The MoHR addressed concerns raised by the international media and at the UN/HRC about the alleged violations of human rights by the armed forces against extremist militants in conflict-ridden regions of Pakistan. 
8. Affiliation of National and International Human Rights NGOs with the MoHR was initiated.
9. The MoHR printed and disseminated information materials on human rights, as enshrined in the Constitution of Pakistan and in the Universal Declaration of Human Rights.
10. All the 11,000 plus cases of human rights violations reported to the MoHR were referred to the concerned Government authorities, including the relevant law enforcement agencies, for action under relevant laws.

The following are some reasons why the MoHR should remain a separate Ministry, rather than one subsumed under the Ministry of Law and Justice:

There is potential conflict of interest between the mandates of the MoLJ and the MoHR. The MoLJ’s mandate includes defending existing laws, and representing the State in court cases, including those pertaining to allegations of human rights violations by the State. This is the opposite of the MoHR’s mandate, i.e. to redress the grievances of survivors/victims and to protect and safeguard their rights and interests.

After the merger of the MoHR and its relegation to a minor, unimportant status, it will become very difficult for the present Government of Pakistan to adequately and forcefully represent the State at international fora on issues pertaining to Pakistan’s Human Rights commitments, or to prepare and defend Pakistan’s national report for the UPR at the UN/HRC on inter alia CEDAW, CRC, ICCPR, CAT, ICESCR, and CEAFRD.

Pakistani civil society also strenuously objects to the fact that, currently, the Ministry of Commerce (MoC) and the Ministry of Foreign Affairs (MoFA) are the departments handling and reporting on human rights issues with the UN and the EU. This gives rise to skepticism about the bona fide intentions of successive Governments (both democratically elected as well as military dictatorships) in ratifying and implementing various UN Human Rights Conventions. The correct GoP focal point for human rights is the MoHR.

SUGGESTED ACTION:
Please write letters to the following authorities calling on them to immediately restore the independent and autonomous status of the Ministry of Human Rights, along with the appointment of a federal minister, who must be recognized and respected for her/his views, work, and has a track record upholding human rights. The government should stop the abolishment of the Human Rights Ministry. The government must establish the National Human Rights Commission (NHRC), which was approved through an act of Parliament in May 2012, and respect the ICCPR and ICESCR.

Please note that the AHRC has written a separate letter to the UN High Commissioner for Human Rights calling for her intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER