Civil society questions depriving Sindh Human Rights Commission of its independent status

Representatives of leading civil society organisations have expressed their serious concerns over a decision of the Sindh cabinet, which it made in June 2018, to give the Sindh Human Rights Commission (SHRC) under the administrative control of the Sindh human rights department, which has changed the status of the commission from an independent institution to a subordinate government body.In a joint statement issued on Wednesday, the civil society and human rights organisations said while working under a provincial department, the SHRC could not exercise its independent powers to stop public officers from doing acts that violated human rights as envisaged under the Section 4 of the Sindh Protection of Human Rights Act 2011, which was enacted in compliance with Pakistan’s various undertakings in connection with the implementation of international treaties, covenants and other instruments.Although the law was enacted in 2011, the SHRC, the human rights body that the law had envisaged, was formed in May 2013. The delay in the formation of the body could be attributed to the fact that a watchdog of human rights is a thorny issue for those in the corridors of power in the country. Moreover, since its inception, the commission has been mired in inadequate funding and lack of cooperation from the government.The civil society’s statement made it clear that the executive order by the provincial government could not override the legal status of the SHRC. The provincial cabinet decision should be withdrawn, they demanded.The statement points out that after the devolution of powers and abolishment of concurrent list through the 18th amendment in the constitution, the human rights is now a provincial subject and hence, the provincial government has constitutional duties under the Article 142 of the constitution to enact laws with respect to any matter not enumerated in the Federal Legislative List in the Fourth Schedule as per the Article 70(4) of the constitution.The human rights organisations opined that the establishment of the SHRC was not only the fulfillment of a constitutional obligation of the provincial government towards the protection of fundamental rights of the citizens, but this was also in line with the international commitments Pakistan had made regarding strengthening human rights enshrined in the key treaties such as the International Covenant on Civil and Political Rights (ICCPR), Universal Declaration on Human Rights, United Nations Paris Principles and United Nations General Assembly Resolution 70/163, of which paragraphs 20 and 22 specifically speak about financial and administrative independence of the commissions on human rights.Since its establishment two years ago, the provincial commission has taken important steps towards the protection and promotion of human rights in the province and established close liaison with civil society organisations. However, the commission is facing acute financial crisis due to the withholding of its budget by the provincial government for the financial year 2018-2019.In this regard, letters and reminders were sent by the commission to the provincial government but to no avail. In reply to those letters and reminders, the commission received a shocking reply stating that the Sindh government had amended the Schedule I of the Sindh Government Rules of Business, 1986, and the SHRC had been placed under the administrative control of the human rights department.The civil society’s statement pointed out that in terms of the Article 139(3) of the constitution, a caretaker chief minister was not competent to amend the Rules of Business. Through the said illegal amendment in the Rules of Business, the caretaker provincial government had unconstitutionally and illegally and for all practical purposes usurped the mandate and independence of the commission and, as such, made the 2011 Act redundant.

from The News International - Karachi https://ift.tt/2tvQ8mM