Updated: Tuesday October 11, 2016/AthThulatha
Muharram 10, 1438/Mangalavara
Asvina 19, 1938, at 03:30:46 PM
The National Commission for Human Rights Act, 2012
Act No. XVI OF 2012
An Act to provide for the establishment
of a National Human Rights Commission.
WHEREAS it is expedient to provide for
the creation of a National Commission for Human Rights, for the purposes of
promotion and protection of human rights as provided for in the Constitution of
the Islamic Republic of Pakistan and the various international instruments to
which Pakistan is a state party or shall become a state party;
It is hereby enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title, extent and
commencement.—(1) This Act may be
called the National Commission for Human Rights Act, 2012.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything repugnant in
the subject or context,---
(a) “armed
forces” means army, navy, air force and all other civil armed forces including
military intelligence agencies;
(b) “Chairperson”
means the Chairperson of the Commission, as appointed under section 4;
(c) “Commission”
means National Commission for Human Rights constituted under section 3;
(d) “human
rights” means the rights relating to life, liberty and dignity of the
individual guaranteed and included in the international instruments including
political and women rights;
(e) “member”
means a member of the Commission and includes the Chairperson;
(f) “prescribed”
means prescribed by rules made under this Act; and
(g) “public servant” means a public servant defined under
section 21 of the Pakistan Penal Code (Act XLV of 1860).
CHAPTER-II
ESTABLISHMENT OF
COMMISSION FOR HUMAN RIGHTS
3.
Establishment of Commission.—(1) The Federal Government shall constitute a
Commission to be known as the National Commission for Human Rights to exercise
the powers and perform the functions under this Act.
(2) The
Commission shall consist of,---
(a) a Chairperson, who has
been, or is qualified to be, a judge of the Supreme Court or a person having
demonstrable knowledge of, or practical experience in, matters relating to
human rights;
(b) one member from each
Province, Federally Administrated Tribal Areas and
(c) Chairperson of the
National Commission on Status of Women;
(d) one member from
minority communities; and
(e) a Secretary, who shall
be appointed by the Commission:---
Provided
that of the total membership of the Commission, at-least two shall be women
members.
(3) A
member shall not be less than forty years of age and shall have knowledge and
experience relating to human rights.
(4) The
headquarters of the Commission shall be at
(5) The
Commission shall be a body corporate having perpetual succession and a common
seal with powers, among other, to acquire, hold and dispose of any property and
shall sue and be sued by the said name.
(6) All
members of the Commission shall work on full time basis on prescribed terms and
conditions and the Chairman on ceasing to hold office shall be inelligible for
holding any office of profit in the Government, Federal or Provincial, for a
period of two years:---
Provided
that it shall not apply to the Chairperson of the National Commission on the
Status of Women.
4.
Appointment of Chairperson and members.—(1) The Federal
Government shall, through public notice, invite suggestions for suitable
persons for appointment as Chairperson and members of the Commission and, after
proper scrutiny, shall submit a list of these persons to the Prime Minister and
the Leader of the Opposition in the National Assembly.
(2) The
Prime Minister shall in consultation with the Leader of the Opposition in the
National Assembly forward three names for each post to a Parliamentary
Committee for hearing and confirmation of any one person for each post:---
Provided
that in case there is no consensus between the Prime Minister and the Leader of
the Opposition; each shall forward separate lists to the Parliamentary
Committee.
(3) The
Parliamentary Committee shall be constituted by the Speaker of the National
Assembly consisting of the following four members, namely:---
(a) two members from the
Senate; and
(b) two members from the
National Assembly:---
Provided
that when the National Assembly is dissolved, the total membership of the
Parliamentary Committee shall consist of the members from the Senate only as
mentioned in paragraph (a) and the provisions of this section shall,
mutatis-mutandis, apply:---
Provided
further that out of the four members of the Committee, two shall be from the
Treasury Benches, one from each House and two from the Opposition Benches, one
from each House. The nomination of members from the Treasury Benches shall be
made by the Leader of the House and from the Opposition Benches by the Leader
of the Opposition.
(4) The
Parliamentary Committee shall regulate its own procedure.
(5) The
Parliamentary Committee shall forward the names of the nominees confirmed by it
to the President, who shall appoint the Chairperson and members accordingly. .
5.
Term of office of Chairperson and of members.—(1) A person appointed
as Chairperson or a member shall hold office for a term of four years from the
date on which he enters upon his office:---
Provided
that the term of office may be extended once in the manner provided in section
4.
(2) The
Chairperson or a member may resign from his office in writing under his hand
addressed to the President and on acceptance of the resignation, such vacancy
shall be filled within sixty days.
6.
Removal of the Chairperson and members.—The Chairman and members may be removed
from office on the grounds and in the manner provided for in Article 209 of the
Constitution of the Islamic Republic of Pakistan.
7.
Acting Chairperson.—At any time when the Chairperson is absent or unable
to perform the duties of his office for any reason, or. in the event of the
vacancy in the office of the Chairperson by reason of his death, resignation or
otherwise, the members of the Commission shall elect an Acting Chairperson from
amongst themselves until the incumbent Chairperson resumes his office, or as
the case may be, until the appointment of a new Chairperson to fill such
vacancy which shall not exceed sixty days.
8.
Terms and conditions of service of members including Chairperson.—The salaries and
allowances payable to, and terms-and conditions of service of the members,
other than ex-officio member, shall be such as may be prescribed by the Federal
Government in consultation with the Commission:---
Provided
that neither the salary and allowances nor the terms and conditions of service
of a member shall be varied to his disadvantage after his appointment.
CHAPTER-III
MANAGEMENT AND
PROCEDURES OF THE COMMISSION
9.
Functions of the Commission.—The Commission shall perform all or any of the
following functions, namely:---
(a) suo-moto or on a
petition presented to it by a victim or any person on his behalf, inquire into
complaints of,---
(i) violation of human
rights or abetment thereof; or
(ii) negligence. in the
prevention of such violation, by a public servant;
(b) intervene in any
proceeding involving any allegation of violation of hilman rights pending
before a court by finking application for becoming a party to the proceedings
before such court;
(c) notwithstanding
anything contained in any other law for the time being . in force, the
Commission or any person authorized by it may visit any jail, place of
detention or any other institution or place under the control of the Government
or its agencies, where convicts, under trial prisoners, detainees or other
persons are lodged or detained for purposes of ascertaining the legality of
their detention as well as to find out whether the provisions of the applicable
laws or other provisions relating to the inmates living conditions and their
other rights are being complied with;
(d) review the safeguards
provided by or under the Constitution of the Islamic Republic of Pakistan or
any other law for the time being in force for the protection of human rights
and recommend adoption of new legislation, the amendment of existing laws and
the adoption or amendment of administrative measures for their effective
implementation:---
Provided that if
requested by the Government, the Commission may examine any legislation and
submit its views thereon and comment on the implication of the same for
legislation;
(e) review the factors,
including acts of terrorism, that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;
(f) study treaties, other
international instruments on human rights and reports submitted by the
Government of Pakistan on them including the comments thereon, to make
recommendations for their effective implementation;
(g) undertake and promote
research in the field of human rights, maintain database on the complaints on
violence of human rights received and development of human rights norms;
(h) spread human rights
literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications,
print and electronic media, seminars and other available means in all major
languages of the country;
(i) direct investigation
and inquiry in respect of any incident of violation of human rights;
(j) submit independent
reports to the Government on the state of human rights in
(k) develop a national
plan of action for the promotion and protection of human rights; and
(l) such other functions
as it may consider necessary for the promotion of human rights.
10.
Procedure of the Commission.—(1) The Commission shall regulate its own procedure.
(2) All
orders and decisions of the Commission shall be authenticated by the Secretary
or any other officer of the Commission duly authorized by the Chairperson in
this behalf.
(3) The
quorum for a meeting of the Commission shall not be less than one-half of the
total membership of the Commission.
(4) The
decision of the Commission shall be taken by the majority of its members
present and, in case of a tie, the member presiding the meeting shall have a
casting vote.
11.
Advisory Committee.—The Commission may constitute an advisory committee
consisting of human rights activists, civil society organizations, members of
bar associations, members of press clubs and such other representatives of the
Federal and Provincial Governments as may be concerned with the functions of
the Commission:---
Provided
that the members of the advisory committee shall perform their functions in an
honorary capacity to assist the Commission in their areas of competence and
expertise.
CHAPTER-IV
INQUIRIES AND
INVESTIGATIONS
12.
Inquiry into complaints.—(1) The Commission while inquiring into the
complaints of violations of human rights may call for information or report
from the Federal Government or a Provincial Government or any other authority
or organization, subordinate thereto, within such time as may be specified by
it:---
Provided
that if the information or report is not received within the time stipulated by
the Commission, it may proceed to inquire into the complaint on its own:---
Provided
further that in case the complaint relates to areas that are security
sensitive, the Commission shall obtain a report within fifteen days from the
Federal Government and if the report is not received within thirty days the
Commission may proceed to inquire into complaint on its own:---
Provided
also that if on receipt of information or report, the Commission is satisfied
either that no further inquiry is required or that the required action has been
Initiated or taken by the concerned Government or authority, it may not proceed
with the complaint and inform the complaint accordingly.
(2)
Without prejudice to anything contained in sub-section (1), if the Commission
considers necessary, having regard to nature of the complaint, it may initiate
an inquiry.
(3) if
at any stage of the inquiry, the Commission,---
(a) considers it necessary
to inquire into the conduct of any person; or
(b) is of the opinion that
the reputation of any person is likely to be prejudicially affected by the
inquiry,
it shall give to that person a reasonable opportunity
of being heard in the inquiry and to produce evidence in his defence: Provided
that nothing in this section shall apply where the credit of a witness is being
impeached.
13.
Powers relating to inquires.—(1) The Commission shall, while inquiring into
complaints under this Act, have all the powers of a civil court trying a suit
under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the
following matters, namely:---
(a) summoning and
enforcing the attendance of witnesses and examining them on oath;
(b) discovery and
production of documents;
(c) receiving evidence on
affidavits;
(d) requisitioning any
public record or copy thereof from any court or office;
(e) issuing commissions for
the examination of witnesses or documents; and
(f) any other matter which
may be prescribed.
(2) The
Commission shall have power to require any person, subject to any privilege
which may be claimed by that person under any law for the time being in force,
to furnish information on such points or matters as, in the opinion of the
Commission, may be useful for, or relevant to, the subject-matter of the
inquiry and any person so required shall be deemed to be legally bound to
furnish such information within the meaning of section 176 and section 177 of
the Pakistan Penal Code (Act XLV of 1860).
(3) The
Commission shall be deemed to be a civil court to the extent that is described
in sections 175, 178, 179, 180 and 228 of the Pakistan Penal Code, 1860 (Act
XLV of 1860). If the offence is committed in the view or presence of the
Commission, the Commission may, after recording the facts constituting the
offence and the statement of the accused as provided for in the Code of
Criminal Procedure, 1898 (Act V of 1898), forward the case to a Magistrate
having jurisdiction to try the same-and the Magistrate to whom any such case is
forwarded shall proceed to hear the complaint against the accused as if the case
has been forwarded to him under section 346 of the Code of Criminal Procedure,
1898 (Act V of 1898).
(4)
Every proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of sections 193, 196 and 228 of the Pakistan
Penal Code, 1860 (Act XLV of 1860).
(5) The
Commission shall be deemed to be a civil court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1898 (Act V of 1898).
14.
Procedure with respect to armed forces.—(1) Notwithstanding anything contained in
any other law for the time being in force while dealing with the complaints of
human rights violations by the members of the armed forces, the Commission
shall adopt the following procedure, namely:---
(a) it may either on its
own motion or on receipt of a petition, seek a report from the Federal
Government on complaint or violation;
(b) after the receipt of
the report it may either not proceed with the complaint or, as the case may be,
make its recommendations to the Federal Government.
(2) The
Federal Government shall inform the Commission of the action taken on the
aforesaid recommendations within three months or such extended time as the
Commission may deem appropriate.
(3) The
Commission shall publish its report together with its recommendations made
under paragraph (b) of sub-section (1) and the action taken by the Federal
Government.
(4) The
Commission shall provide a copy of the report published under sub-section (3)
to the petitioner or his representative.
15.
Procedure with respect to intelligence agencies.—(1) Notwithstanding
anything contained in this Act, the functions of the Commission do not include
inquiring into the act or practice of intelligence agencies and where a
complaint is made to the Commission alleging that an act or practice of such an
agency is inconsistent with or contrary to any human right, the Commission
shall refer the complaint to the competent authority concerned.
(2) The
procedure thereafter shall be the same as in sub-section (1) of section 14 with
respect to the armed forces.
16.
Independence of the Commission.—(1) The Commission and every member of its
staff shall function without political or other bias or interference and shall,
unless this Act expressly otherwise provides, be independent and separate from
any government, administrations, or any other functionary or body directly or
indirectly representing the interests of any such entity.
(2) If
at any stage during the course of proceedings at any meeting of the Commission,
it appears that a member has or may have a financial or personal interest which
may cause a substantial conflict of interests in the performance of his
functions as such, the member shall forthwith and fully disclose the nature of
his interest and absent himself from that meeting so as to enable the remaining
members to decide whether the member should be precluded from participating in
the meeting by reason of that interest. Such a disclosure and the decision
taken by the remaining members shall be entered on the record of the
proceedings.
(3) If a
member fails to disclose any conflict of interest as required under sub-section
(2) and is present at a meeting of the Commission or in any manner participates
in the proceedings, such proceedings in relation to the relevant matter shall,
as soon as such non-disclosure is discovered, be reviewed and be varied or set
aside by the Commission without the participation of the member concerned and
such conduct on the part of the member shall be treated as misconduct.
17.
Investigation.—(1)Notwithstanding anything contained in any other
law for the time being in force, the Commission may, for the purpose of
conducting an investigation into a matter which is the subject of a complaint,
requisition the services of any officer or investigation agency of the Federal
Government or a Provincial Government with their concurrence.
(2) For
the purposes of investigating into any matter which is the subject of a
complaint, any officer or agency whose services are requisitioned under
sub-section (1) shall, under the direction and control of the Commission,---
(a) summon and enforce the
attendance of any person and examine him;
(b) require the discovery
and production of any document; and
(c) requisition any public
record or copy thereof from any office.
(3) The
provisions of section 13 shall apply in relation to any statement made by a
person before any officer or agency whose services are requisitioned under
sub-section (1), as they apply in relation to any statement made by a person in
the course of giving evidence before the Commission.
(4) The
officer or agency, whose services are requisitioned under sub-section (1),
shall submit a report to the Commission within such period as may be specified.
(5) The
Commission shall consider the report submitted to it under sub-section (4) and,
after satisfying itself that the procedure prescribed by or under this Act has
been duly observed in the investigation, may proceed in accordance with the
provisions of section 16.
18.
Steps after inquiry.—The Commission may take any of the following, amongst
other, steps upon the completion of an inquiry held under this Act, namely:---
(a) where the inquiry
discloses the commission of violation of human rights or negligence in the
prevention of violation of human rights by a public servant, it may recommend
to the concerned Government or authority the initiation of proceedings for
prosecution or such other action as the Commission may deem fit against the
concerned person or persons;
(b) 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; (c) provide a copy of the inquiry report to the complainant
or his representative;
(c) provide a copy of the
inquiry report to the complainant or his representative;
(d) the Commission shall
send a copy of its inquiry report together with its recommendations to the
Government or authority which shall, within a period of one month or such
further time as the Commission may allow, submit its reply indicating the
action taken or proposed to be taken to implement the recommendations or
reasons why these cannot or should not be implemented; and
(e) the Commission shall
publish its inquiry report together with its recommendations and the reply of
the Government or authority thereto.
19.
Statement made by persons to the Commission.- No statement made by a
person while giving evidence before the Commission shall subject him to or be
used against him in any civil or criminal proceeding except prosecution for giving
false evidence:---
Provided
that where,---
(a) it is necessary to
inquire into the conduct of any person; or
(b) the reputation of any
person is likely to be prejudicially affected by the inquiry, it shall give an
opportunity to such person of being heard and to produce evidence in his
defence, if any.
20.
Commission to preserve identity.—Where the Commission considers that the
preservation of the identity of a person who, has,---
(i) made a complaint; or
(ii) furnished or proposes
to furnish information; or
(iii) produced or proposes
to produce a document; or
(iv) given or proposes to
give evidence; or
(v) made or proposes to
make a submission,
to the Commission or to
a person acting for or on behalf of the Commission, is necessary to protect the
security of employment, the privacy or any human right of the person, the
Commission may give directions prohibiting the disclosure of the identity of
the person.
CHAPTER V
HUMAN RIGHTS COURTS
21.
Human Rights Court.—For the purposes of speedy trial of offences arising
out of violation of human rights, the Federal Government may, in consultation
with Chief Justice of Islamabad High Court, by notification in the official
Gazette, specify a Court of Sessions to be the Human Rights Court for that
District to try such offences:---
Provided
that nothing in this section shall apply, if,---
(a) a Court of Sessions is
already specified as a special court; or
(b) a special court is
already constituted, for such offences under any other law for the time being
in force.
22.
Special prosecutors.—The Federal Government, on the advice of the
Commission, shall, by notification in the official Gazette, appoint an advocate
from the list prepared by the Commission, who has been practicing as an
advocate for not less than seven years, to be the special prosecutor for the
purposes of conducting cases in that Court.
CHAPTER-VI
FINANCIAL PROVISIONS
23.
Fund of the Commission.— (1) There shall be established a fund to be known as
the National Commission for Human Rights Fund which shall vest in the
Commission and shall be used by the Commission to meet the charges in
connection with its functions under this Act.
(2)
Source of the Fund shall amongst other monies be the following, namely:---
(a) such sums as the
Federal Government shall, after due appropriation made by the Majlis-e-Shoora
(Parliament) by law in this behalf, pay to the Commission by any of grants such
sums of money for being utilized for the purposes of this Act;
(b) grants and endowments
and income therefrom; and
(c) all other sums or
properties which may in any manner become payable to, or vest in, the
Commission in respect of any matter.
(3) The
Commission, while performing its functions and exercising its powers under this
Act, shall exercise highest sense of prudence as far as expenditures are
concerned.
24.
Expenditure to be charged on the Fund.—The Fund shall be
expended for the purposes of,---
(a) paying any expenditure
lawfully incurred by the Commission, relating to remuneration of its members,
employees, advisors and consultants of the Commission including legal fees and
costs as well as other fees and costs;
(b) paying any other
expenses, costs or expenditure properly incurred or accepted by the Commission
in the performance of its functions or in the exercise of its powers under this
Act;
(c) purchasing or hiring
equipment, machinery and any other work and undertakings in the performance of
its functions or in the exercise of its powers-under this Act;
(d) repaying any financial
accommodation received; and
(e) generally, paying any
expenses for carrying into effect the provisions of this Act.
25.
Power to obtain finances and receive grants.—The Commission may,
from time to time, obtain and receive unconditional grants or contributions
from donors and non-governmental organizations in a transparent manner. No
contribution from any foreign source, private or governmental, shall be
acceptable except after the approval of the Federal Government.
26.
Accounts and audit.—(1) The Commission shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such form
as may be prescribed by the Federal Government in consultation with the
Auditor-General of Pakistan.
(2) The
accounts of the Commission shall be audited by the Auditor-General at such
intervals as may be specified by him.
(3) The
Auditor-General and any person appointed by him in connection with the audit of
the accounts of the Commission under this Act shall have the same rights and
privileges and the authority in connection with such audit as the
Auditor-General generally has in connection with the audit of Government's
accounts and in particular shall have the right to demand the production of
books, accounts, connected vouchers and other documents and paper and to
inspect any of the offices of the Commission.
(4) The
accounts of the Commission, as certified by the Auditor-General or any other
person appointed by him in this behalf, together with the audit report thereon
shall be forwarded annually to the Federal Government by the Commission and the
Federal Government shall cause the audit report to be laid, as soon as may be
after it is received, before each House of Majlis-e-Shoora (Parliament).
27.
Financial freedom of the Commission.—The Government shall allocate specific
amount of money for the Commission in each financial year and it shall not be
necessary for the Commission to take prior approval from the Government to
spend such allocated money for the approved and specific purposes.
CHAPTER-VII
MISCELLANEOUS
28.
Annual and special reports of the Commission.—(1) The Commission
shall prepare an annual report at the end of the financial year and may at any
time prepare special reports on any matter which in its opinion is of
particular urgency or importance.
(2) The
Federal Government shall cause the annual report and the special reports to be
laid before the Majlis-e-Shoora (Parliament) within ninety and thirty days,
respectively, from the date of their receipt, alongwith a memorandum indicating
the action taken or proposed to be taken on the recommendations of the
Commission and reasons for non-implementation of the recommendations, if any.
(3) The
report shall be placed on the website of the Commission immediately after its
lying before the Majlis-e-Shoora (Parliament) for information of general public.
29.
Appointment of officers and employees.—(1) There shall be a
Secretary of the Commission as appointed under section 3. (2) The Commission
may, under this Act, appoint such officers and employees or consultants as it
considers necessary for the efficient performance of its functions.
(2) The
commission may, under this Act, apponit such officers and employees or
consultants as it considers necessary for the efficient performance of its
functions.
(3)
Salary, remuneration and other terms and conditions of the services of the
officers and employees of the Commission shall be determined by the Commission
in consultation with the Federal Government.
(4) The
Federal Government may, on request from the Commission, appoint any officer or
employees of the Federation to the Commission on deputation.
30.
Indemnity.—No suit, prosecution or legal proceedings shall lie
against the Commission, the Chairperson or any member, officer, servant,
advisors or consultant of the Commission in respect of anything in good faith
done or intended to be done under this Act or the rules made thereunder or order made or published
by or under the authority of the Federal Government, a Provincial Government,
Commission or any report, paper or proceedings.
31. Members and officers to be
public servants.—Every member of the
Commission and every officer appointed or authorized by the Commission to
exercise functions under this Act shall he deemed to be a public servant within
the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
32. Validity of proceedings.—No act or proceedings of the Commission shall be
invalid by reason only of the existence of a vacancy in, or defect in the
constitution of, the Commission.
33. Power to make rules.—(l) The Commission may in consultation with the Federal
Government and by notification in the official Gazette make rules to carry out
the purposes of this Act.
(2) In particular and without prejudice
to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:---
(a) the
salaries and allowances and other terms and conditions of service of the
members as provided under section 8;
(b) the
conditions subject to which other administrative, technical and scientific
staff may be appointed by the Commission and the salaries and allowances of
officers and other staff appointed under section 29;
(c) the form
in which the annual statement of accounts is to be prepared by the Commission
under section 26; and
(d) any
other matter which has to be, or may be, prescribed.
34. Power to remove difficulties.—If any difficulty arises in giving effect to the
provisions of this Act, the Federal Government may, by order published in the
official Gazette, make such provisions not inconsistent with the provisions of
this Act as appears to it to be necessary or expedient for removing the
difficulty:---
Provided that this power shall be
available for a period of one year from the date of commencement of this Act.
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