Laws and law-making. In 2014, the federal parliament s legislative output amounted to 10 laws,

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2 14 State of Human Rights in 2014

3 Laws and law-making... fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to the law and public morality, [shall be guaranteed]... the independence of the judiciary shall be fully secured. Constitution of Pakistan Preamble To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. Article 4 Any law, or any custom or usage having the force of law, insofar as it is inconsistent with the rights conferred by this chapter [on Fundamental Rights] shall, to the extent of such inconsistency, be void. Article 8(1) It is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law Universal Declaration of Human Rights Preamble Everyone has the right to take part in the government of his country, directly or indirectly or through freely chosen representatives. Article 21(1) In 2014, the federal parliament s legislative output amounted to 10 laws, Laws and law-making 15

4 less than half the previous year s 22. However, a big increase in legislation was seen in provinces. Federal parliament s legislation Some important laws passed by the parliament were designed to address security concerns, the judicial system, and countering terrorism. The president promulgated nine ordinances, including one that aimed at preventing acts threatening the security of Pakistan. With growing concerns for terrorism across the country, the lawmakers adopted a rather controversial law, the Protection of Pakistan Act, The bill, based on an ordinance issued in 2013, faced considerable criticism from the civil society and politicians. Critics of this law said that it was draconian and violated human rights. No progress was made on the Hindu Marriage Bill, the Christian Divorce (Amendment) Bill and the Domestic Violence Bill. A much larger and diverse set of laws was adopted by the provincial assemblies, which made good use of the legislative powers given to them under the 18 th Amendment to the constitution. They enacted laws on environment, health, education, women s rights, taxes, security, development, tourism, and rights of religious minorities. The highest number of provincial acts and ordinances emerged from Khyber Pakhtunkhwa, followed by Sindh, Punjab and Balochistan during the 16 State of Human Rights in 2014

5 year under review. Provincial legislation In some instances the provincial assemblies hurriedly passed laws because the attendance on the opposition benches was thin. A few times this was done without prior notification of a bill s introduction in the assembly. Such practices meant that the proposed laws were not properly scrutinized and deliberated upon. On March 13, rejecting the opposition s objections, the Punjab Assembly, where the PML-N had a comfortable majority, passed three bills. The Punjab law minister also tabled four new bills during the assembly session. The opposition benches, led by the PTI, sought the bills to be circulated for eliciting public opinion. But the law minister rejected these arguments, saying that in the presence of public representatives in the assembly there was no need for making the bills public. While the quantity of legislation grew in the province, the jury was still out on the quality and extent of implementation. In some instances, funds allocation seemed to be insufficient or was delayed, which affected implementation. The federal budget was passed in the form of Finance Act in June. The Provincial enactments Laws and law-making 17

6 passing of provincial budgets followed this enactment. The following are some important laws that were made during 2014: Acts of parliament The Protection of Pakistan Act, 2014; July; to protect Pakistan against waging of war and insurrection, prevent acts threatening the security of Pakistan, and for the speedy trial of related offences. The Finance Act, 2014; June; to give effect to the financial proposals of the federal government. The Law and Justice Commission of Pakistan (Amendment) Act, 2014; June; to enable the federal government to appoint a member for each province and to give the commission approval to enter into a Memorandum of Understanding with the law commission of any country. The Anti-terrorism (Second Amendment) Act, 2014; June; to amend the provisions regarding terrorism and to provide for swifter dispensation of justice The Service Tribunals (Amendment) Act, 2014; June; to empower the president to establish one or more service tribunals and set their territorial limits. The Legal Practitioners and Bar Councils (Amendment) Act, 2014; June; to further regulate the disciplinary proceedings in the cases of grave professional misconduct and to prescribe the period for expeditious disposal of complaints. The National Judicial (Policy Making) Committee (Amendment) Act, 2014; June; to include the Chief Justice of Islamabad High Court as a member 18 State of Human Rights in 2014

7 of the National Judicial (Policy Making) Committee. The Federal Court (Repeal) Act, 2014; June; to repeal the Federal Court Act, 1937 which was deemed redundant after framing of Supreme Court Rules, The Surveying and Mapping Act, 2014; May; to regulate surveying and mapping activities. Ordinances promulgated by the president The Gas Infrastructure Development Cess Ordinance, 2014; to levy and collect infrastructure development cess on natural gas. The Electoral Rolls (Amendment) Ordinance, 2014; to bring the local government elections within the purview of the Election Commission of Pakistan (ECP). The Delimitation of Constituencies (Amendment) Ordinance, 2014; to carry out delimitation of constituencies for holding local government elections. The Federal Judicial Academy (Amendment) Ordinance, 2014; to convert the Federal Judicial Academy into a Centre of Excellence for Law and Judicial Education with the status of a degree awarding institution. The Pakistan Medical and Dental Council (Amendment) Ordinance, 2014; March; to reform the regulatory body. The Sales Tax (Amendment) Ordinance, 2014; to compel gas filling stations to pay due taxes. The Gas (Theft Control and Recovery) Ordinance, 2014; January; for prosecution of cases of gas theft and other offences related to gas. The Protection of Pakistan (Amendment) Ordinance, 2014; January; for prevention of acts threatening the security of Pakistan. The Criminal Law (Amendment) Ordinance, 2013; January; for punishment for offences relating to theft of electricity. Laws made by the provincial legislatures Punjab Assembly The Punjab Commission on the Status of Women Act, 2013; February; to provide more opportunities for socio-economic development of women and eliminate discrimination against them. The Punjab Shops and Establishments (Amendment) Act, 2013; February; to make it mandatory for the businesses where 25 or more women are employed to set up a daycare room for their children under six years of age. The Punjab Finance (Amendment) Act, 2014; February; to restore the previous property tax rates. The Punjab Fair Representation of Women Act, 2014; March; to amend Laws and law-making 19

8 certain laws to ensure representation of women in decision-making bodies. The Lahore Garrison University Act, 2014; March; to establish a university with two pre-existing campuses. The Punjab Livestock Breeding Act, 2014; May; to regulate livestock breeding services, improve genetic potential of breeds and protect indigenous breeds. The Punjab Civil Servants (Amendment) Act, 2014; May; for regulating the appointment and the terms and conditions of service of civil servants. The Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act, 2014; May; to provide for proceedings against government and corporation employees in relation to their efficiency, discipline and accountability. The Punjab Payment of Wages (Amendment) Act, 2014; March. The Punjab Development of Cities (Amendment) Act, 2014; March; to transfer the powers of district nazims in development authorities to the chief minister. The Punjab Reproductive, Maternal, Neonatal, and Child Health Authority Act, 2014; March; to regularize 48,000 Lady Health Workers (LHWs) and management of employees affairs. The Punjab Public Private Partnership Act, 2014; May; for fostering an enabling environment for public-private partnerships. The Punjab Industrial Relations (Amendment) Act, 2014; May; for conformity with conventions C87 and C98 of the International Labour Organisation ratified by the government. The Muhammad Nawaz Sharif University of Engineering and Technology Multan Act, 2014; May; to establish an engineering and technology university in Multan. The Punjab Mental Health (Amendment) Act, 2014; May; enacted in 20 State of Human Rights in 2014 Punjab Assembly in session.

9 place of the Mental Health Ordinance 2001, as the subject was devolved under the 18 th Amendment. The Khwaja Fareed University of Engineering and Information Technology, Rahim Yar Khan Act, 2014; May; to establish an engineering and IT university at Rahim Yar Khan. The Punjab Finance Act, 2014; June; to levy and rationalize certain taxes, fees, and duties. The Bab-i-Pakistan Foundation Act, 2014; June; to help in carrying out functions of the Bab-i-Pakistan Trust. The Management and Transfer of Properties by Development Authorities Act, 2014; June; to enable the development authorities in Punjab to strategically manage and transfer immoveable properties. The Punjab Strategic Coordination Ordinance, 2014; October; for establishing the institutional mechanism to take effective measures to counter terrorism and to formulate a security policy. The Punjab Registration of Godowns Ordinance, 2014; October; to establish a system for the registration of godowns in Punjab. The Punjab Curriculum and Textbook Board Ordinance, 2014; September; to ensure preparation, approval and publishing of textbooks. The Punjab Overseas Pakistanis Commission Act, 2014; October; to establish a body to receive and redress grievances of overseas Pakistanis regarding government agencies. The Punjab Local Government (Amendment) Act, 2014; October; to permit the establishment of cattle markets in districts. The Punjab Local Government (Second Amendment) Act, 2014; October; to empower the Election Commission of Pakistan to carry out delimitation of constituencies for local government elections. The Punjab Strategic Coordination Act, 2014; October; to establish a Provincial Security Council and Provincial Strategic Coordination Board. The Punjab Free and Compulsory Education Act, 2014; October; to provide free and compulsory education to all children between five and 16 years of age. The Punjab Higher Education Commission Ordinance, 2014; October; to empower The Punjab Higher Education Commission to regulate funding of the universities and select their vice chancellors. The Punjab Arms (Amendment) Act, 2014; December; minor technical change in the law. The Punjab Explosives (Amendment) Act, 2014; December; minor technical change in the law. The Pakistan Kidney and Liver Institute and Research Centre Act, 2014; December; to establish the Pakistan Kidney and Liver Institute and Research Center. The Punjab Institute of Quran and Seerat Studies Act, 2014; December; Laws and law-making 21

10 to establish an organization for research on Quran and Sunnah. The Punjab Higher Education Commission Act, 2014; December; to improve and promote higher education, research and development in the province. Sindh Assembly The Prevention of Defacement of Property Act, 2013; February; to prevent the defacement of walls. The Sindh Building Control (Amendment) Act, 2014; February; to take back all powers of town planning from local government institutions and transfer them to the Sindh Building Control Authority. The Sindh Emergency Procurement Act, 2014; February; to allow the law enforcement agencies to procure latest weapons, bombproof vehicles and other material on short notice. The Sindh Healthcare Commission Act, 2013; February; for improving quality of health services and banning quackery. The Environmental Act, 2014; February; for the protection, conservation, and rehabilitation of natural resources and controlling pollution. The Registration (Sindh Amendment) Act, 2013; February; to amend the Registration Act, 1908 for its application to Sindh. The Sindh Land Revenue (Amendment) Act, 2013; February. The NIBD Post Graduate Institute of Life Sciences Act, 2014; February; to establish the institute. The Sindh Solid Waste Management Board Act, 2014; February; to establish a board for the collection and disposal of solid and other waste. The Sindh Civil Servants (Regularization of ad hoc Appointments) (Amendment) Act, 2014; March; to grant service benefits to ad hoc government employees from the date they were hired. The Sindh Service Tribunals (Amendment) Act, 2014; March; on the instructions of Supreme Court, to appoint a three-member service tribunal in consultation with the Sindh High Court chief justice for a period not extending three years and for one time only. The Provincial Motor Vehicles (Amendment) Act, 2014; May. The Sindh Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Act, 2014; May. The Sindh Shaheed Recognition and Compensation Act, 2014; May; to honor and recognize the services of persons who sacrifice their lives in the struggle against terrorism while performing duty and to provide compensation to their legal heirs. The Sindh Child Marriages Restraint Act, 2013; May; to make marriage under 18 years of age an offence in the province. The Sindh Finance Act, 2014; June; to give effect to the financial proposals of the provincial government. The Sindh Local Government (Amendment) Act, 2014; October; to 22 State of Human Rights in 2014

11 Sindh Assembly session at the new building. hand over the powers of delimitation of local bodies constituencies to the Election Commission of Pakistan. The Sindh Civil Servants (Amendment) Act, 2014; October. The Sindh Special Development Board Act, 2014; October; to undertake low-cost housing schemes, rehabilitate katchi abadis and slums and regulate multi-storeyed and high-rise buildings. The Sindh Injured Persons (Medical Aid) Act, 2014; October; to allow doctors to treat patients without police clearance. The Sindh Allopathic System (prevention/misuse) Act, 2014; November; to prevent the misuse of the allopathic system of medicine. The Physiotherapy Council Act, 2014; November; to establish a physiotherapy council. The Pharmacy Council Act, 2014; November; to establish a council to regulate the working establishment of pharmacies. The Sindh Nursing Council Act, 2014; November; to devolve the Pakistan Nursing Council. The Postgraduate College of Medical Sciences Act, 2014; November; to establish an institute. The Sindh Arms (Amendment) Act, 2014; November; to extend the arms license on merit to facilitate the general public. The Sindh Condominium Act, 2014; November; to regulate the maintenance of amenities, façade, parking and common areas in public projects. The Sindh Epidemic Diseases Act, 2014; November; to consolidate the law on prevention of the spread of dangerous epidemic disease. The Sindh Eye Surgery (Ban) Act, 2014; November; to prohibit eye surgeries by people other than qualified and registered medical practitioners. The Sindh Tuberculosis Notification Act, 2014; November; to establish Laws and law-making 23

12 a TB notification system. The Sindh Public Private Partnership (Amendment) Act, 2014; December. The Larkana Development Authority (Amendment) Act, 2014; December. The National Institute of Cardiovascular Diseases (Sindh Administration) Act, 2014; December; for administration of the affairs of the National Institute of Cardiovascular Diseases. The Sindh Employees Old-Age Benefit Act, 2014; December; to establish Sindh Employees Old-Age Benefits Institution. The Sindh Education Standards and Curriculum Act, 2014; December; for improving quality of education from early years to grade 12. The Altaf Hussain University in Karachi Act, 2014; December; to establish a university in Karachi. The Altaf Hussain University in Hyderabad Act, 2014; December; to establish a university in Hyderabad. The Shaheed Benazir Bhutto University in Shaheed Benazirabad Act, 2014; December; to establish a university in Nawabshah. Balochistan Assembly The Balochistan Protection and Promotion of Breast-Feeding and Child Nutrition Act, 2014; February; to ensure nutrition for infants and young children by promoting and protecting breast-feeding. The Balochistan Local Government (Amendment) Act, 2014; January. The Balochistan Introduction of Mother Languages as Compulsory Additional Subject at Primary Level Act, 2014; January; for teaching the mother tongue in addition to the national language. The Civilian Victims of Terrorism (Relief and Rehabilitation) Act, 2014; January; to provide relief and rehabilitation to the civilian victims of terrorism. The Balochistan Food Authority Act, 2014; January; for ensuring the safety and standards of food and to establish Balochistan Food Authority The Balochistan Compulsory Education Act, 2014; January; to provide for free and compulsory education in Balochistan. The Balochistan Sea Fisheries (Amendment) Act, 2014; February; to prevent illegal fishing. The Balochistan Chief Minister and Ministers (Salary, Allowances and Privileges (Amendment) Act, 2014; February; to increase ministers salaries and perks. The Balochistan Speaker and Deputy Speaker (Salary, Allowances and Privileges) (amendment) Act, 2014; February; to increase the salaries and perks. The Balochistan Assembly Members (Salary, Allowances and Privileges (Amendment) Act, 2014; February; to increase the salaries, allowances and privileges. 24 State of Human Rights in 2014

13 Balochistan Assembly banned private money-lending in the province. The Sardar Bahadur Khan Women University (Amendment) Act, 2014; February; to establish a women s university in the province. The Balochistan Family Torture and Protection Act, 2014; February; to protect family members of a suspect from torture. The Balochistan Coastal Development Authority (amendment) Act, 2014; February. The Balochistan Domestic Violence (Prevention and Protection) Act, 2014; February; to define forms of domestic violence and protect women. The Balochistan Wild Life Protection, Preservation and Management Act, 2014; March; for the establishment and management of protected areas and to protect, preserve, and conserve wildlife. The Balochistan Tourist Guides Act, 2014; May. The Balochistan Travel Agencies Act, 2014; May. The Balochistan Hotels and Restaurants Act, 2014; May; to provide for tourist facilities and infrastructure to develop tourism. The Balochistan Judicial Academy Act, 2014; June; to establish the institute. The Balochistan Archives Act, 2014; August. The Balochistan Antiquities Act, 2014; August; to prevent smuggling of antiquities. The Balochistan Borstal Institutions Act, 2014; August; for the establishment and regulation of borstal Institutions in Balochistan. The Balochistan Prohibition of Private Money Lending Act, 2014; August; to ban private money-lending in the province. Khyber Pakhtunkhwa Assembly The Khyber Pakhtunkhwa Ehtesab Commission Act, 2014; January; to establish good governance and prevent corruption. The Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Act, 2014; January; to promote, protect and enforce human Laws and law-making 25

14 rights in Khyber Pakhtunkhwa. The Khyber Pakhtunkhwa Ministers (Salaries, Allowances and Privileges) (Amendment) Act, 2014; January. The Khyber Pakhtunkhwa Deserving Widows and Special Persons Welfare Foundation Act, 2014; January; to establish a welfare foundation for helping widows and special persons. The Khyber Pakhtunkhwa Higher Education Scholarship Endowment Fund Act, 2014; January; to award scholarships to students and establish an endowment fund. The Khyber Pakhtunkhwa Sensitive and Vulnerable Establishments and Places (Security) Ordinance, 2014; February; to provide for the security of sensitive and other vulnerable establishments and places in the province. The Khyber Pakhtunkhwa Food Safety Authority Bill, 2014; March; for establishing an authority to regulate and monitor food business to ensure provision of safe food. The Khyber Pakhtunkhwa Farm Services Centres Act, 2014; March; to establish farm services centers in all districts of Khyber Pakhtunkhwa. The Khyber Pakhtunkhwa Tenancy (Amendment) Act, 2014; March. The Pakhtunkhwa Energy Development Organization (Amendment) Act, 2014; March. The Khyber Pakhtunkhwa Restriction of Rented Buildings (Security) Act, 2014; March; for monitoring the business of rented buildings. The Khyber Pakhtunkhwa Journalists Welfare Endowment Fund Act, 2014; March; to establish a welfare endowment fund for journalists. The Khyber Pakhtunkhwa Medical Transplantation Regulatory Authority Act, 2014; March; for establishing an authority to regulate transplantation of human organs. The Khyber Pakhtunkhwa Public Private Partnership Act, 2014; March; for fostering an enabling environment for public-private partnerships. The Khyber Pakhtunkhwa Local Government (Amendment) Act, 2014; March. The Khyber Pakhtunkhwa River Protection (Amendment) Act, 2014; March. The Khyber Pakhtunkhwa Surrender of Illicit Arms Act, 2014; March; to provide for the surrender of illicit arms. The Khyber Pakhtunkhwa Housing Authority (Amendment) Act, 2014; March. The Khyber Pakhtunkhwa Hotels Restriction (Security) Act, 2014; March; to monitor hotels and guests staying in the hotels. The Tibb and Homeopathic Employees (Regulation of Services) Act, 2014; March; to regularize the appointment of employees on contract or temporarily in the province. The Khyber Pakhtunkhwa Ehtesab Commission (Amendment) Act, 26 State of Human Rights in 2014

15 Khyber Pakhtunkhwa Assembly 2014; June; to make Ehtesab Commission the sole body to investigate corruption practices. The Khyber Pakhtunkhwa Ministers (Salaries, Allowances and Privileges) (Amendment) Act, 2014; June. The Khyber Pakhtunkhwa Salaries, Allowances and Privileges Laws (Amendment) Act, 2014; June. The Khyber Pakhtunkhwa Finance (Amendment) Act, 2014; June; to give effect to the financial proposals of the provincial government. The Khyber Pakhtunkhwa Regulation of Lady Health Workers Programme and Employees (Regularization) and Standardization Act, 2014; June; to regulate the status of Lady Health Workers Programme. The Khyber Pakhtunkhwa Charitable & Religious Trusts Act, 2014; October; for more effective control over the administration of charitable and religious trusts. The Provincial Motor Vehicles (Khyber Pakhtunkhwa) (Amendment) Act, 2014; November. The Khyber Pakhtunkhwa Land Revenue (Amendment) Act, 2014; November. The Khyber Pakhtunkhwa Registration (Amendment) Act, 2014; November. The Khyber Pakhtunkhwa Civil Servants Retirement Benefits and Death Compensation Act, 2014; November; to establish a fund for retirement benefits and death compensation for civil servants. The Khyber Pakhtunkhwa Elementary and Secondary Education Foundation (Amendment) Act, 2014; November. The Khyber Pakhtunkhwa Zakat and Ushr (Amendment) Act, 2014; November. The Khyber Pakhtunkhwa Injured Persons and Emergency (Medical Laws and law-making 27

16 Aid) Act, 2014; November; for medical treatment of the injured persons on priority. The Khyber Pakhtunkhwa Environmental Protection Act, 2014; November; to promote sustainable development, prevent and control pollution, and protect, conserve, rehabilitate and improve the environment. The Khyber Pakhtunkhwa Appointment of Law officers Act, 2014; November; to provide for appointments of law officers. The Khyber Pakhtunkhwa General Provident Investment Fund (Amendment) Act, 2014; December. The Khyber Pakhtunkhwa Services Tribunal (Amendment) Act, 2014; December. The Khyber Pakhtunkhwa Emergency Rescue Services (Amendment) Act, 2014; December. The Khyber Pakhtunkhwa Pension Fund (Amendment) Act, 2014; December. The Khyber Pakhtunkhwa Protection of Communal Properties of Minorities Act, 2014; December; for the protection of properties of non-muslim communities. The Khyber Pakhtunkhwa Evacuee Trust Properties (Management and Disposal) Act, 2014; December; for the management and disposal of properties of minorities. The Khyber Pakhtunkhwa Senior Citizens Act, 2014; November; for the wellbeing, comfort and dignity of the senior citizens in the province. Recommendations 1. There is an urgent need to set up official mechanisms and monitoring systems to ensure that the many laws enacted each year are also implemented. Civil society also needs to play a more active role in monitoring implementation. 2. A number of important draft legislations, such as the Hindu Marriage Bill, have been in the pipeline for a long time. Proposed legislation regarding such pressing matters need to be expedited without further delay. 3. Due consideration must be given to private members bills, especially on human rights-related concerns. 4. Much more must be done to invite input from the people at the stage of drafting of proposed legislations. Affording them an opportunity to voice their opinion would enhance interest in the legislative process and enable the lawmakers to make informed decisions in the light of public opinion. 5. The websites of the federal and provincial legislatures contain lists of laws but these are not comprehensive and in some cases all that is mentioned is the name of the law. It is important to publish, and indeed to publicise, all new laws in the national and regional languages to increase public awareness of the laws. 28 State of Human Rights in 2014