protection & promotion of human rights ... - punjab, pakistanma dept progress publi… · those...

6
Progress: 2014-2017 10 th December 2017 Government of the Punjab Human Rights & Minorities Affairs Department Protection & Promotion of Human Rights Protection & Welfare of Minorities PUNJAB TREATY IMPLEMENTATION CELL ESTABLISHED Pakistan has ratified a large number of international treaties protecting various rights of the people of Pakistan. In wake of EUs GSP Plus status of Pakistan, Treaty Implementa- tion Cells (TICs) were established at the federal and provincial level to ensure implemen- tation of 27 international treaties mandatory for maintaining that status. Punjab Government has initially established a TIC in Law & Parliamentary Affairs De- partment in form of a committee having ex-officio members. Afterwards, it was decided to make more serious efforts towards implementation of international treaties aiming at the protection of the rights of the citizens of member states. Hence, it was decided to establish a specialized structure for treaty implementation, in the Human Rights & Mi- norities Affairs (HR&MA) Department. By the grace of Allah (SWT), Punjab Treaty Implementation Cell (PTIC) has been estab- lished the HR&MA Department during April 2017. Recruitments of experts to deal with the business allocated to the PTIC has been partially completed through Punjab Public Service Commission (PPSC). PTIC will be equipped with 21 persons human resource in total and other technical and financial resources to work for the implementation of international treaties particularly those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT 5% quota in the public sector employment of the Province was provided for minorities since 2009 in Punjab. That policy was revised in 2010 to bring clarity in implementation. As per the Policy, if no minority (non-Muslim) candidate qualify the recruitment process than the reserved post could be filled on open merit. It was the long standing demand of the religious minorities of the Punjab that posts once reserved for minorities in a recruitment process must be carried forward if no candidate from minorities qualifies the recruitment process. Mr. Khalil Tahir Sandhu, Minister for HR&MA put remarkable efforts for the cause and finally on the directions of Worthy Chief Minister, Punjab, the demand of minorities to carry forward the unfiled quota vacancies, has been incorporated in the policy on 09.02.2015. INSIDE THIS ISSUE Introduction ................................. 2 GSP Plus Status of Pakistan ........ 2 Punjab Treaty Implementation Cell (PTIC) .......................................... 3 Human Rights Awareness ........... 4 Surprise Visits of Prisons ............. 4 Provincial Taskforce on Human Rights and Strategy ...................... 4 Infrastructure development for Minorities...................................... 5 Educational Scholarships and other financial assistance for minorities ....................................................... 5 Welfare of Minorities ................. 6 Mian Shahbaz Sharif Chief Minister Khalil Tahir Sandhu Minister for HR&MA

Upload: others

Post on 06-Apr-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

Progress: 2014-2017 10th December 2017

Government of the Punjab

Human Rights & Minorities Affairs Department

Protection & Promotion of Human Rights Protection & Welfare of Minorities

PUNJAB TREATY IMPLEMENTATION CELL ESTABLISHED Pakistan has ratified a large number of international treaties protecting various rights of

the people of Pakistan. In wake of EU’s GSP Plus status of Pakistan, Treaty Implementa-

tion Cells (TICs) were established at the federal and provincial level to ensure implemen-

tation of 27 international treaties mandatory for maintaining that status.

Punjab Government has initially established a TIC in Law & Parliamentary Affairs De-

partment in form of a committee having ex-officio members. Afterwards, it was decided

to make more serious efforts towards implementation of international treaties aiming at

the protection of the rights of the citizens of member states. Hence, it was decided to

establish a specialized structure for treaty implementation, in the Human Rights & Mi-

norities Affairs (HR&MA) Department.

By the grace of Allah (SWT), Punjab Treaty Implementation Cell (PTIC) has been estab-

lished the HR&MA Department during April 2017. Recruitments of experts to deal with

the business allocated to the PTIC has been partially completed through Punjab Public

Service Commission (PPSC).

PTIC will be equipped with 21 persons human resource in total and other technical and

financial resources to work for the implementation of international treaties particularly

those mandatory for GSP Plus status of Pakistan.

MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

5% quota in the public sector employment of the Province was provided for minorities

since 2009 in Punjab. That policy was revised in 2010 to bring clarity in implementation.

As per the Policy, if no minority (non-Muslim) candidate qualify the recruitment process

than the reserved post could be filled on open merit.

It was the long standing demand of the religious minorities of the Punjab that posts once

reserved for minorities in a recruitment process must be carried forward if no candidate

from minorities qualifies the recruitment process.

Mr. Khalil Tahir Sandhu, Minister for HR&MA put remarkable efforts for the cause and

finally on the directions of Worthy Chief Minister, Punjab, the demand of minorities to

carry forward the unfiled quota vacancies, has been incorporated in the policy on

09.02.2015.

INSIDE THIS ISSUE

Introduction ................................. 2

GSP Plus Status of Pakistan ........ 2

Punjab Treaty Implementation Cell (PTIC) .......................................... 3

Human Rights Awareness ........... 4

Surprise Visits of Prisons ............. 4

Provincial Taskforce on Human Rights and Strategy ...................... 4

Infrastructure development for Minorities...................................... 5

Educational Scholarships and other financial assistance for minorities ....................................................... 5

Welfare of Minorities ................. 6

Mian Shahbaz Sharif Chief Minister

Khalil Tahir Sandhu Minister for HR&MA

Page 2: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

HR&MA Department has been mandated to formulate polices, administer implementation and ensure protection of human rights and minorities.

Pakistan was meeting one of the two criterion of EU’s GSP Plus status as she has exports to EU

more than 1% and less than 2% during 2012. The other requirement was the ratification and

implementation of 27 international treaties mandatory for the GSP Plus status. Fortunately,

Pakistan had already ratified all those treaties but unfortunately the reporting requirements were

not fulfilled.

HR&MA Department has made tiresome efforts and reported the implementation status in the

Province in context of following four treaties allocated to the Department:-

1. International Convention on the Elimination of All Forms of Racial Discrimination (1965)

[CERD]

2. International Covenant on Civil and Political Rights (1966) [ICCPR]

3. International Covenant on Economic Social and Cultural Rights (1966) [ICESCR]

4. Convention on the Rights of the Child (1989) [CRC]

The above four treaties are multi-dimensional and most diversified of all the 27 treaties manda-

tory for GSP Plus. Punjab Government reported implementation of all 27 treaties to the Federal

Government enabling the Pakistan to present its case for GSP Plus status.

Pakistan succeeded in getting GSP Plus status on 12.12.2013 and started getting the trade bene-

fits from 1st January 2014. Initially the status was granted for two years i.e. 2014 & 2015. The

maintenance of status was subjected to the annual review by the committee of European Parlia-

ment. Punjab Government remained proactive in reporting implementation status as well as

making new policies and legislations in wake of recommendation of the UN treaty monitoring

bodies. Hence, in 2016 Pakistan was able to get extension of its GSP Plus status till 2023.

Federal Government appreciated the support of Punjab Government in timely reporting and

initiatives for implementation of international treaties.

INTRODUCTION TO THE DEPARTMENT

ROLE OF THE PUNJAB TOWARDS ACQUIRING EU’S GSP PLUS STATUS BY PAKISTAN

Human Rights & Minorities Affairs

(HR&MA) Department was created on

12.07.2008. The creation was done by

merging the Human Rights Wing of the

Law & Parliamentary Affairs Department

and the Minorities Section of the Auqaf &

Religious Affairs Department.

HR&MA Department has been mandated

to formulate polices, administer

implementation and ensure protection of

human rights and minorities. A recent

amendment in mandate of the

Department has made it responsible for

ensuring the implementation of

international treaties in the Province.

The two legislations specifically allocated

to the Department are :-

i) The Christian Marriage Act, 1872

ii) The Hindu Gains of Learning Act, 1930

The Department has moved a case to get

administration mandate of the Hindu

Marriage Act, 2017.

The Department has endorsed a private

member bill “The Anand Karaj Bill, 2017”

to get a separate legislation for personal

and marital affairs of the Sikh Community

in the Province.

MINISTER FOR HR&MA MEETING EU’S DELEGATION

2

Page 3: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

ESTABLISHMENT OF PUNJAB TREATY IMPLEMENTATION CELL

In wake of GSP Plus status of Pakistan, Treaty Implementation Cells (TICs) were estab-

lished in the Federal Government and the Provincial Governments. Basic idea behind

these TICs was to streamline the efforts in context of reporting and implementation needs

annexed with ratification of international treaties.

Punjab Government has initially established a TIC in Law & Parliamentary Affairs De-

partment in form of a committee having ex-officio members. Afterwards, it was decided

to make more serious efforts towards implementation of international treaties aiming at

the protection of the rights of the citizens of member states. Hence, it was decided to

establish a specialized structure for treaty implementation, in the Human Rights & Mi-

norities Affairs (HR&MA) Department.

By the grace of Allah (SWT), Punjab Treaty Implementation Cell (PTIC) has been estab-

lished the HR&MA Department during April 2017. Recruitments of experts to deal with

the business allocated to the PTIC has been partially completed through Punjab Public

Service Commission (PPSC).

This specialized human resource is expected to analyze the status of treaty implementa-

tion in the province. This cell will guide the provincial departments towards achievement

of harmony in provincial legislative and policy framework in accordance with internation-

al treaties ratified by Pakistan. PTIC will be equipped with 21 persons human resource in

total and other necessary technical and financial resources.

ToRs of the PTIC provides a broader spectrum to bring in the latest information technolo-

gy measures for effective and efficient data collection and reporting. Cloud computing

would be used a first instance to manage the data needs of the PTIC. IT team of the PTIC

would include IT Manager / DBA and a Software Developer.

Punjab Treaty Implementation Cell will be a model treaty implementation setup for all

the provincial governments and the Federal Government as the existing TICs in other

governments are mostly based on committees of ex-officio members.

27 INTERNATIONAL TREATIES MANDATO-RY FOR GSP PLUS

Human Rights Treaties:

CPPCG (Against Genocide)

CERD (Against Racial Discrimination)

ICCPR (Civil & Political Rights)

ICESCR (Economic, Social & Cultural Rights)

CEDAW (Non-Discrimination against Women)

CAT (Against Torture & Cruel Treatment)

CRC (Rights of the Child)

Labour Rights Treaties:

ILO 29 (Against Forced & Compulsory Labour)

ILO 87 (Freedom of Association)

ILO 98 (Right to Collective Bargain)

ILO 100 (Equal wages for Men & Women)

ILO 105 (Abolition of Forced Labour)

ILO 111 (Non-Discrimination for employ-ment)

ILO138 (Minimum age for employment)

ILO 182 (Against worst form of child labour)

Environment Related Treaties:

CITES (Int. trade of Wild Fauna & Flora)

Montreal Protocol 1987 (Protection of Ozone)

Basel Convention 1989 (Hazardous Wastes)

CBD (Biological Diversity)

UNFCCC (Framework on Climate Change)

Cartagena Protocol 2000 (Biosafety)

Stockholm Convention 2001 (Organic Pollutants)

Kyoto Protocol 1998 (Climate Change - UNFCCC)

Governance Related Treaties:

Single Convention 1961 (Against Narcotic Drugs)

CPS (Against Psychotropic Substances)

UN Drug Convention 1998 (Against Drug Trade)

UNCAC (Against Corruption)

Organogram of Punjab Treaty Implementation Cell (PTIC)

3

Page 4: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

HUMAN RIGHTS AWARENESS IN PUBLIC AND SENSITIZATION OF PUBLIC SERVANTS

HR&MA Department has been mandated in the Rules of Business for visiting the public

places like police stations, prisons, factories, brick kilns, and institutions providing public

services etc to observe human rights situation and reporting to the competent authorities

against human rights violations. However, due lack of human and financial resources and

some administrative constraints, HR&MA Department could not setup mechanisms for

such visits of the public places.

During August 2015, HR&MA Department in collaboration with the Home Department,

finalized a mechanism for the surprise visits of the officers of HR&MA Department to the

Prisons in Punjab. So far, HR&MA Department has made 8 visits to various prisons in

Punjab, and recommended the Home Department about short comings in prisons for en-

suring better human rights protection of the inmates.

HR&MA Department was previously en-

gaged the public sector universities to

disseminate human rights awareness

among general public but that mode did

not proved fruitful.

During 2013-14, HR&MA Department

itself organized seminars and events for

human rights awareness.

During 2014-15, a new project was

launched to disseminate human rights

awareness through mass media to ap-

proach maximum number of people

throughout Punjab. Rs.15 Million were

utilized in 2015-16 to make human rights

awareness through two days TVC cam-

paign, three days print media / newspaper

campaign, five days roadside hording

campaign and a number of seminars and

events .

Utilization for Human Rights awareness

on similar pattern during 2016-17 was

Rs.12 Million. In current year the allocated

budget of Rs. 10 Million is being on simi-

lar pattern.

Other events organized during these years

are the speech, skit and painting competi-

tions, seminars and an exhibition explain-

ing issues of human rights violation in the

society and raising awareness against

these violations.

In addition, a new scheme for sensitiza-

tion of public servants towards human

rights has been introduced now. Through

this scheme, initially, the sensitization

efforts will be carried out for the public

servants in Health, Teaching and Child

protection sectors.

PROVINCIAL TASKFORCE ON HUMAN RIGHTS

AND PUNJAB HUMAN RIGHTS STRATEGY

SURPRISE VISITS OF PRISONS IN PUNJAB

A national Action Plan for Human Rights (APHR) was issued by the Federal Government

in 2016. Punjab Government notified the Provincial Taskforce on Human Rights for im-

plementation of this action plan. This Taskforce is being chaired by the Minister for

HR&MA and co-chaired by the Additional Chief Secretary, Punjab. Many meetings have

been conducted get on fruitful results in implementing the APHR. Cloud type database

has been developed and now the data and reports by the concerned provincial depart-

ments are being updated on the database instantly. Dashboard of this database helps in

focused monitoring of the implementation status of the action plan (APHR).

Provincial Taskforce on Human Rights has approved the Punjab Human Rights Strategy

under the APHR. This strategy is under consideration of the Provincial Government.

4

Page 5: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

During 2017-18, Rs. 771.000 Million have been allocated for infrastruc-ture development requested by the minority communities in Punjab.

HR&MA Department has been spending majority of its development budget for the

schemes of infrastructure development of minority concentrated areas. These schemes

include development, repair and improvement of roads, streets, worships places, ceme-

teries, educational and health facilities. HR&MA Department has name this development

fund as Minority Development Fund (MDF).

Genesis of MDF utilization :-

HR&MA Department has been allocating

fund for educational development of the

students from low income minority fami-

lies in Punjab, for many years. This fund is

being utilized with following features:-

A. Share:-

• 50% share of Central Punjab

• 35% Share of South Punjab

• 15% Share of North Punjab

B. Scholarship amounts for students:-

• Rs. 50,000/- Professional and Ph.D.

• Rs. 35,000/- Post Graduation

• Rs. 30,000/- Graduation level

• Rs. 20,000/- Intermediate

• Rs. 15,000/- Matriculation

C. Criteria:-

• Low family income limit

(assessed by PERI each year)

• Merit based on last exam

Genesis of utilization is below:-

HR&MA Department is also granting

financial assistance to the poor non-

Muslims on eve their religious festivities.

An amount of Rs.5000/- each person is

awarded in this regard.

Genesis of financial grants is below:-

INFRASTRUCTURE DEVELOPMENT OF MINORITY CONCENTRATED AREAS

EDUCATIONAL SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE

5

Year Utilization

2014-15 Rs. 377.084 Million

2015-16 Rs. 459.987 Million

2016-17 Rs. 320.090 Million

MDF ADP

Allocation

2017-18 Rs. 771 Million

Year Amount Students

2014-15 Rs.20 Million 774

2015-16 Rs.22 Million 653

2016-17 Rs.25 million 955

2017-18 Rs.25 Million 950+ exp

Year Christmas

Grant

Holi Grant

2014 Rs. 30 Million Rs. 2 Million

2015 Rs. 30 Million Rs. 2 Million

2016 Rs. 30 Million Rs. 4 Million

2017 Rs. 30 Million Rs.10 Million

Page 6: Protection & Promotion of Human Rights ... - Punjab, PakistanMA Dept Progress Publi… · those mandatory for GSP Plus status of Pakistan. MINORITIES 5 % EMPLOYMENT QUOTA MADE PERMANENT

WELFARE OF MINORITIES IN PUNJAB Legislation:-

Punjab assembly gave its consent to the Federal Government so that the Parliament of

Pakistan can legislate Hindu Marriage Act, 2017 to be effective in territorial limits of the

Punjab province. The Hindu Marriage Act, 2017 has been promulgated and is in effect in

Punjab.

HR&MA Department has consented in favour of a private member bill for personal legisla-

tion of Sikh community. This bill “the Punjab Anand Karaj Bill, 2017” has been presented

in the provincial assembly and has now been referred to the standing committee on Hu-

man Rights & Minorities Affairs in the provincial assembly.

Policy Forums:-

Minority Advisory Council, Punjab (MACP) has been notified for 3 year on 31.01.2015.

The forum is actively involved in advising the Punjab Government over issues of concern

for religious minorities in Punjab.

Policy Initiatives:-

Policy for 5% employment quota for non-Muslims has been modified to carried forward

the unfilled posts in result of unavailability of suitable candidate.

A discriminatory provision in some service rules reserving the posts of sanitary workers /

sweepers for non-Muslims only, has been removed from these rules on request of minority

representatives.

Celebrations:-

HR&MA Department celebrates religious events of minority communities each year. The

major eves are Christmas, Diwali, Holi and Baba Guru Nanak’s Birthday.

Government of the Punjab Human Rights & Minorities Affairs

Department

National Tower, 28-Egerton Road, Opposite: Aiwan-e-Iqbal, Lahore

Phone: +92(42)99205302 Fax: +92(42)99205142

web: hrma.punjab.gov.pk

Administrative Head:

Asim Iqbal

Secretary Government of the Punjab

Human Rights & Minorities Affairs Department

Phone: +92(42)99205140-41 Fax: +92(42)99205142

email: [email protected]