AN
ACT
to
provide for the promotion, protection and enforcement of
human
rights in the Province of the Khyber Pakhtunkhwa
Preamble.---
WHEREAS it is expedient to provide for the promotion, protection and
enforcement of human rights as provided for in the Constitution of the Islamic
Republic of Pakistan and the various International Conventions, Treaties,
Covenants and Agreements to which Pakistan is a State Party or shall become a
State Party and for matters ancillary thereto or connected therewith;
It is hereby enacted as follows:
CHAPTER-I
PRELIMINARY
1.
Short title, extent and
commencement.---(1) This Act may be called the Khyber Pakhtunkhwa
Promotion, Protection and Enforcement of Human Rights Act, 2014.
(2)
It extends to the whole of the Province of the Khyber
Pakhtunkhwa.
(3)
It shall come into force at once.
2.
Definitions.---In
this Act, unless there is anything repugnant in the subject or context,--
(a)
―Agency‖ means a
Department, Commission or Office of Government or a statuary corporation or
other institution established or controlled by Government, private institutions
and organizations, but does not include the Supreme Court, the High Court and
Courts working under the supervision and control of the High Court, and the
Provincial Assembly of the Khyber Pakhtunkhwa and its Secretariat;
(b)
―aggrieved person‖ means a person whose human rights are adversely
affected;
(c)
―child‖ means a person under the age of 18 years;
(d)
―Director‖ means the Director of Human Rights,
Directorate;
(e)
―Directorate‖ means the Khyber Pakhtunkhwa Directorate
of Human Rights established by the Government;
(f)
―Government‖ means the Government of the Khyber
Pakhtunkhwa;
(g)
―Non-Governmental Organization‖ means and includes any
private agency or body working voluntarily for the welfare of the person or
community;
(h)
―prescribed‖ means prescribed by rules;
(i)
―Province‖ means the Province of the Khyber
Pakhtunkhwa;
(j)
―regional office‖ means regional office of the
Directorate established or to be established by Government; and
(k)
―rules‖ mean rules made under this Act.
CHAPTER-II
ESTABLISHMENT
OF THE KHYBER PAKHTUNKHWA
DIRECTORATE
OF HUMAN RIGHTS
3.
Directorate of Human
Rights established by Government.---(1) Notwithstanding anything contained
in any other law for the time being in force, on commencement of this Act, the
Directorate of Human Rights, established by Government, shall conduct inquiry
into, and investigation of, human rights violations in the Province and shall
provide adequate relief as deem appropriate for redressal of the grievances of
the aggrieved persons.
(2)
The Directorate shall be headed by the Director Human
Rights, who shall be assisted by such number of officers and members of the
staff as may be determined to be appointed by Government from time to time for
the performance and discharge of functions under this Act.
(3)
Subject to the provisions of this Act, the Director
shall perform his functions and discharge his duties under the general
supervision and control of the Government.
(4)
Subject to the provisions of this Act and of such
orders, as may from time to time be issued by Government in this behalf, the
officers and members of the staff shall perform their functions and discharge
their duties under the general supervision and control of the Director.
(5)
The officers and members of the staff mentioned in
sub-section (2) shall be civil servants within the meanings of the Khyber
Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of
1973).
4.
Regional office.---
Government may establish a district office in each district or entrust to any
officer of Government working in the district to perform such functions as may
be entrusted to him by notification under this Act.
CHAPTER-III
POWERS
AND FUNCTIONS OF THE DIRECTORATE
OF
HUMAN RIGHTS
5.
Functions of the
Directorate.--- (1) The Directorate,
under the general supervision and control of Government, shall exercise and
perform all or any of the following powers and functions, namely:
(a)
reviews of human rights situation in the Province;
(b)
to promote, protect and enforce human rights in the
Province;
(c)
inquires, suo moto or a petition presented to it by a
victim or any person on his behalf into the complaints of--
(i)
any incident of violation of human rights or abatement
thereof; or
(ii)
negligence in the prevention of such violation, by a
public servant;
(d)
requires any person to furnish information on such
points or matters as in the opinion of Directorate may be useful for or
relevant to the subject matter of any inspection or inquiry;
(e)
recommends to Government for immediate measures
including actions to be taken against the persons involved in violation of
human rights;
(f)
formulates, implement and regularly update policies
with a view to protect human rights;
(g)
assists in any proceedings involving any allegation of
violation of human rights pending before a Court;
(h)
co-ordinate activities of the Government Departments,
in respect of human rights;
(i)
initiatives for harmonization of legislation,
regulations and practices with the international human rights covenants and
agreements to which Pakistan is a party and monitoring their implementation;
(j)
obtains information, documents and reports on
complaints and allegations of human rights violations, from Government
Departments and other agencies;
(k)
reviews the human rights safeguards provided by or
under the Constitution of the Islamic Republic of Pakistan or in any other law
for the time being in force for the protection of human rights and recommend
adoption of new legislation, the amendment of the existing laws and the
adoption or amendment of administrative measures for their effective
implementation;
(l)
reviews the factors, including, acts of terrorism, that
inhabit the enjoyment of human rights and recommend appropriate remedial
measures;
(m)
representation of Province in international bodies,
organizations and conference relating to human rights in consultation and in
conjunction with Foreign Affairs Division;
(n)
developing and conducting information programmes to
foster public awareness of human rights, laws and remedies available against
the abuse of human rights;
(o)
studies treaties, other International Instruments on
human rights and reports submitted by the Government of Pakistan on them
including the comments thereon, to make recommendation for their effective
implementation;
(p)
undertakes and promote research in the field of human
rights and maintain database on the complaints on violence of human rights and
development of human rights norms;
(q)
spread human rights literacy among various sections of
society and promote awareness of the safeguards available for the protection of
these rights through publication, media, seminars and other available means;
(r)
develops a provincial plan of action for the promotion
and protection of human rights;
(s)
formulating programmes of teaching of human rights at
educational institutions;
(t)
provision of facilities
for professional and technical training at home and abroad relating to
human rights issues; and
(u)
such other functions as it may consider necessary for
the promotion and protection of human rights:
Provided that the Directorate shall not have
any jurisdiction to investigate or inquire into any matter which--
(i)
is sub-judice before a Court of competent jurisdiction
or judicial tribunal on the date of the receipt of a complaint, reference or
motion by him; or
(ii)
relates to the external affairs of Pakistan or the
relations or the dealing of Pakistan with any Foreign State or Government; or
(iii)
relates to or is connected with the defence of Pakistan
or any part thereof, the military, naval and air forces of Pakistan, or the
matters covered by the laws relating to those forces.
(2)
Subject to the provisions of this Act and in addition
to and not in derogation of any other law for the time being in force, the
Directorate shall take all necessary steps to preserve and promote the welfare
of women and children and for this purpose can take such action as it may deem
appropriate.
6.
Powers and Functions of
the Director.---(1) For carrying out the purposes of this Act, the Director
shall take such actions as he may deem appropriate.
(2)
Without the generality of the foregoing functions, the
Director shall be responsible to—
(a)
general supervision, control and administration of the
officials and staff;
(b)
the maintenance and safety of the record of the
Directorate;
(c)
correspond on behalf of the Directorate;
(d)
visit any jail or any institution or place under the
control of Government, where convicts or other under trial prisoners or other
persons lodged or detained for the purpose of ascertaining whether the
provisions of the jail manual and other applicable laws relating to the inmates
are being complied with;
(e)
submit annual report to Government about the progress
of the Directorate;
(f)
initiate proposals for legislation, for the protection
of human rights;
(g)
enter and search any premises for the purpose of making
any inspection or inquiry or where, he has reason to believe that any article,
books of accounts, or other documents relating to the subject-matter of
inspection or inquiry may be found, and may--
(i)
search such premises and inspect any article, book of
accounts or other documents including electronic devices record; or
(ii)
take extracts or copies of such books of accounts,
documents and electronic devices; or
(iii)
seize or seal such articles, books of accounts,
documents and electronic devices; or
(iv)
make an inventory of such articles, books of accounts,
documents and electronic devices found in such premises.
(3)
All searches made under clause (g) of sub-section (2)
shall be carried out mutatis mutandis, in accordance with the provisions of the
Code of Criminal Procedure, 1898 (Act No. V of 1898).
7.
Registration of
Non-Governmental Organizations.---Non-Governmental Organizations, working
in the field of human rights protection, shall be registered with the
Directorate with such fee as may be prescribed and shall provide complete
annual record of their functions and activities to the Directorate, in the
manners as may be prescribed.
8.
Advisory Committee.---Government
may, by notification in the official Gazette, constitute an Advisory Committee
consisting of Human Rights Activist, Civil Society Organizations, religious
opinion makers, members of Bar Council/ Associations, members of Local Councils
and such other representatives of Government as may be concerned with the
functions of the Directorate for such a period as may be determined:
Provided that the
members of the Advisory Committee shall perform such functions in an honorary
capacity or otherwise to assist the Directorate in the areas of competence and
expertise.
9.
Delegation of powers.---
The Director may delegate any of his power to any other officer of the
Directorate as he may deem necessary.
CHAPTER –IV
INQUIRES
AND INVESTIGATIONS
10.
Inquiry and complaints.---
(1) The Directorate while inquiring the
complaints of violation of human rights may call for information or report from
any Agency or other Authority or Organization of Government within such time as
may be specified by it:
Provided that if the
information or report is not received within the times stipulated by the
Directorate, it may proceed to inquire into the complaint on its own:
Provided further that
if on receipt of information or report, the Directorate is satisfied, that no
further enquiry is required or that required actions has been initiated or
taken by the concerned Agency, it may not proceed with the complaint and inform
the complainant accordingly.
(2)
Without prejudice to anything contained in sub-section
(1), if the Directorate consider it necessary, having regard to the nature of
the complaint, it may initiate an inquiry.
(3)
If at any stage of the inquiry, the Directorate—
(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.
(4)
Government in the prescribed manner shall provide for
the powers and functions of the officers and staff of the Directorate in
relation to the conduct of inquires and investigations.
(5)
On completion of the inquiry/ investigation, the
Director or any other officer authorized by the Director may file, under
relevant law, a complaint in a Court of competent jurisdiction, or before the
competent authority as the case may be.
(6)
Every relevant Agency, organization or authority shall
be bound to assist the Directorate and provide the requisite information as
deem necessary for investigation and inquiry in the human rights violation.
CHAPTER-V
JURISDICTION
AND INDEMNITY
11.
Reference by the
Government.--- (1) Government may, refer any matter, report or complaint
for inquiry and independent recommendations to the Directorate.
(2)
Notwithstanding any thing contained in the provision of
section 10, as soon as the report or complaint in respect of human rights
violation is received under sub-section (1), the Director shall promptly
proceed to investigate any such matter, report or complaint and submit his
findings or opinion within a reasonable time.
12.
Informal resolution of
disputes.--- (1) Notwithstanding anything contained in this Act, the
Director and a member of the staff shall have the authority to informally
conciliate, amicably resolve, stipulate, settle or ameliorate any grievance
without written memorandum and without the necessity of docketing any complaint
or issuing any official notice.
(2)
The Director may with the approval of Government,
appoint for purpose of liaison, counselors, whether honorary or otherwise, at
local level on such terms and conditions by notification, as may be prescribed.
13.
Power to make rules.---
Government may, make rules for carrying out the purposes of this Act.
14.
Act to override other
laws.--- The provisions of this Act shall have effect notwithstanding
anything contained in any other law for the time being in force.
15.
Removal of
difficulties.--- If any difficulty arises in giving effect to any provision
of this Act, Government may make such order within six months, not inconsistent
with the provisions of this Act, as may appear to be necessary for the purpose
of removing such difficulty.
16.
Repeal.--- The
Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights
Ordinance, 2013 (Khyber Pakhtunkhwa Ord. IX of 2013) is hereby repealed.
BY
ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY OF KHYBER
PAKHTUNKHWA
_____________________________________________________________________
(AMANULLAH)
Secretary
Provincial Assembly of Khyber Pakhtunkhwa
No comments:
Post a Comment