14 state of human rights in 2014 - hrcphrcp-web.org/hrcpweb/data/ar14c/1-1 laws and law-making -...

14 State of Human Rights in 2014

15Laws and law-making

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 andpublic morality, [shall be guaranteed] ... the independence of the judiciaryshall be fully secured.

Constitution of PakistanPreamble

To enjoy the protection of law and to be treated in accordance with law isthe inalienable right of every citizen, wherever he may be, and of every otherperson for the time being within Pakistan.

Article 4Any 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 shouldbe protected by the rule of law

Universal Declaration of Human RightsPreamble

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,


less than half the previous year’s 22. However, a big increase in legislationwas seen in provinces.

Federal parliament’s legislationSome important laws passed by the parliament were designed to address

security concerns, the judicial system, and countering terrorism. The presidentpromulgated nine ordinances, including one that aimed at preventing actsthreatening the security of Pakistan.

With growing concerns for terrorism across the country, the lawmakersadopted a rather controversial law, the Protection of Pakistan Act, 2014. Thebill, based on an ordinance issued in 2013, faced considerable criticism fromthe civil society and politicians. Critics of this law said that it was draconianand 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 provincialassemblies, which made good use of the legislative powers given to themunder the 18 thAmendment to the constitution. They enacted laws onenvironment, health, education, women’s rights, taxes, security, development,tourism, and rights of religious minorities.

The highest number of provincial acts and ordinances emerged fromKhyber Pakhtunkhwa, followed by Sindh, Punjab and Balochistan during the


year under review.

Provincial legislationIn some instances the provincial assemblies hurriedly passed laws because

the attendance on the opposition benches was thin. A few times this was donewithout prior notification of a bill’s introduction in the assembly. Such practicesmeant that the proposed laws were not properly scrutinized and deliberatedupon.

On March 13, rejecting the opposition‘s objections, the Punjab Assembly,where the PML-N had a comfortable majority, passed three bills. The Punjablaw minister also tabled four new bills during the assembly session. Theopposition benches, led by the PTI, sought the bills to be circulated for elicitingpublic opinion. But the law minister rejected these arguments, saying that inthe presence of public representatives in the assembly there was no need formaking the bills public.

While the quantity of legislation grew in the province, the jury was still outon the quality and extent of implementation. In some instances, funds allocationseemed 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


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 ofPakistan, and for the speedy trial of related offences.

♦ The Finance Act, 2014; June; to give effect to the financial proposalsof the federal government.

♦ The Law and Justice Commission of Pakistan (Amendment) Act,2014; June; to enable the federal government to appoint a member for eachprovince and to give the commission approval to enter into a Memorandum ofUnderstanding with the law commission of any country.

♦ The Anti-terrorism (Second Amendment) Act, 2014; June; to amendthe provisions regarding terrorism and to provide for swifter dispensation ofjustice

♦ The Service Tribunals (Amendment) Act, 2014; June; to empowerthe president to establish one or more service tribunals and set their territoriallimits.

♦ The Legal Practitioners and Bar Councils (Amendment) Act, 2014;June; to further regulate the disciplinary proceedings in the cases of graveprofessional misconduct and to prescribe the period for expeditious disposalof complaints.

♦ The National Judicial (Policy Making) Committee (Amendment) Act,2014; June; to include the Chief Justice of Islamabad High Court as a member


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 SupremeCourt Rules, 1980.

♦ The Surveying and Mapping Act, 2014; May; to regulate surveyingand 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 ofPakistan (ECP).

♦ The Delimitation of Constituencies (Amendment) Ordinance, 2014;to carry out delimitation of constituencies for holding local governmentelections.

♦ The Federal Judicial Academy (Amendment) Ordinance, 2014; toconvert the Federal Judicial Academy into a Centre of Excellence for Law andJudicial 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 fillingstations 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; forpunishment for offences relating to theft of electricity.

Laws made by the provincial legislaturesPunjab Assembly♦ The Punjab Commission on the Status of Women Act, 2013; February;

to provide more opportunities for socio-economic development of womenand eliminate discrimination against them.

♦ The Punjab Shops and Establishments (Amendment) Act, 2013;February; to make it mandatory for the businesses where 25 or more womenare employed to set up a daycare room for their children under six years ofage.

♦ The Punjab Finance (Amendment) Act, 2014; February; to restorethe previous property tax rates.

♦ The Punjab Fair Representation of Women Act, 2014; March; to amend


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 indigenousbreeds.

♦ The Punjab Civil Servants (Amendment) Act, 2014; May; for regulatingthe 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 governmentand corporation employees in relation to their efficiency, discipline andaccountability.

♦ 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 thechief minister.

♦ The Punjab Reproductive, Maternal, Neonatal, and Child HealthAuthority 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 fosteringan enabling environment for public-private partnerships.

♦ The Punjab Industrial Relations (Amendment) Act, 2014; May; forconformity with conventions C87 and C98 of the International LabourOrganisation ratified by the government.

♦ The Muhammad Nawaz Sharif University of Engineering andTechnology Multan Act, 2014; May; to establish an engineering and technologyuniversity in Multan.

♦ The Punjab Mental Health (Amendment) Act, 2014; May; enacted in

Punjab Assembly in session.


place of the Mental Health Ordinance 2001, as the subject was devolved underthe 18th Amendment.

♦ The Khwaja Fareed University of Engineering and InformationTechnology, Rahim Yar Khan Act, 2014; May; to establish an engineering andIT university at Rahim Yar Khan.

♦ The Punjab Finance Act, 2014; June; to levy and rationalize certaintaxes, fees, and duties.

♦ The Bab-i-Pakistan Foundation Act, 2014; June; to help in carryingout functions of the Bab-i-Pakistan Trust.

♦ The Management and Transfer of Properties by DevelopmentAuthorities Act, 2014; June; to enable the development authorities in Punjab tostrategically manage and transfer immoveable properties.

♦ The Punjab Strategic Coordination Ordinance, 2014; October; forestablishing the institutional mechanism to take effective measures to counterterrorism and to formulate a security policy.

♦ The Punjab Registration of Godowns Ordinance, 2014; October; toestablish 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; toestablish a body to receive and redress grievances of overseas Pakistanisregarding government agencies.

♦ The Punjab Local Government (Amendment) Act, 2014; October; topermit 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 outdelimitation 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; toprovide free and compulsory education to all children between five and 16years of age.

♦ The Punjab Higher Education Commission Ordinance, 2014; October;to empower The Punjab Higher Education Commission to regulate funding ofthe universities and select their vice chancellors.

♦ The Punjab Arms (Amendment) Act, 2014; December; minor technicalchange in the law.

♦ The Punjab Explosives (Amendment) Act, 2014; December; minortechnical change in the law.

♦ The Pakistan Kidney and Liver Institute and Research Centre Act,2014; December; to establish the Pakistan Kidney and Liver Institute andResearch Center.

♦ The Punjab Institute of Quran and Seerat Studies Act, 2014; December;


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 theprovince.

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 andtransfer them to the Sindh Building Control Authority.

♦ The Sindh Emergency Procurement Act, 2014; February; to allowthe law enforcement agencies to procure latest weapons, bombproof vehiclesand other material on short notice.

♦ The Sindh Healthcare Commission Act, 2013; February; for improvingquality 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 amendthe 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 governmentemployees from the date they were hired.

♦ The Sindh Service Tribunals (Amendment) Act, 2014; March; on theinstructions of Supreme Court, to appoint a three-member service tribunal inconsultation with the Sindh High Court chief justice for a period not extendingthree 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 thestruggle against terrorism while performing duty and to provide compensationto their legal heirs.

♦ The Sindh Child Marriages Restraint Act, 2013; May; to make marriageunder 18 years of age an offence in the province.

♦ The Sindh Finance Act, 2014; June; to give effect to the financialproposals of the provincial government.

♦ The Sindh Local Government (Amendment) Act, 2014; October; to


hand over the powers of delimitation of local bodies’ constituencies to theElection 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 regulatemulti-storeyed and high-rise buildings.

♦ The Sindh Injured Persons (Medical Aid) Act, 2014; October; to allowdoctors 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 aphysiotherapy council.

♦ The Pharmacy Council Act, 2014; November; to establish a councilto regulate the working establishment of pharmacies.

♦ The Sindh Nursing Council Act, 2014; November; to devolve thePakistan Nursing Council.

♦ The Postgraduate College of Medical Sciences Act, 2014; November;to establish an institute.

♦ The Sindh Arms (Amendment) Act, 2014; November; to extend thearms license on merit to facilitate the general public.

♦ The Sindh Condominium Act, 2014; November; to regulate themaintenance of amenities, façade, parking and common areas in public projects.

♦ The Sindh Epidemic Diseases Act, 2014; November; to consolidatethe law on prevention of the spread of dangerous epidemic disease.

♦ The Sindh Eye Surgery (Ban) Act, 2014; November; to prohibit eyesurgeries by people other than qualified and registered medical practitioners.

♦ The Sindh Tuberculosis Notification Act, 2014; November; to establish

Sindh Assembly session at the new building.


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 theNational Institute of Cardiovascular Diseases.

♦ The Sindh Employees Old-Age Benefit Act, 2014; December; toestablish 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; toestablish a university in Karachi.

♦ The Altaf Hussain University in Hyderabad Act, 2014; December; toestablish 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 childrenby 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 mothertongue 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 thesafety and standards of food and to establish Balochistan Food Authority

♦ The Balochistan Compulsory Education Act, 2014; January; to providefor free and compulsory education in Balochistan.

♦ The Balochistan Sea Fisheries (Amendment) Act, 2014; February; toprevent illegal fishing.

♦ The Balochistan Chief Minister and Ministers (Salary, Allowances andPrivileges (Amendment) Act, 2014; February; to increase ministers’ salariesand perks.

♦ The Balochistan Speaker and Deputy Speaker (Salary, Allowancesand Privileges) (amendment) Act, 2014; February; to increase the salaries andperks.

♦ The Balochistan Assembly Members (Salary, Allowances and Privileges(Amendment) Act, 2014; February; to increase the salaries, allowances andprivileges.


♦ 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 ManagementAct, 2014; March; for the establishment and management of protected areasand 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

Balochistan Assembly banned private money-lending in the province.


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 forhelping widows and special persons.

♦ The Khyber Pakhtunkhwa Higher Education Scholarship EndowmentFund Act, 2014; January; to award scholarships to students and establish anendowment fund.

♦ The Khyber Pakhtunkhwa Sensitive and Vulnerable Establishmentsand Places (Security) Ordinance, 2014; February; to provide for the securityof 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 ensureprovision 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 regulatetransplantation 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 ortemporarily in the province.

♦ The Khyber Pakhtunkhwa Ehtesab Commission (Amendment) Act,


2014; June; to make Ehtesab Commission the sole body to investigatecorruption practices.

♦ The Khyber Pakhtunkhwa Ministers (Salaries, Allowances andPrivileges) (Amendment) Act, 2014; June.

♦ The Khyber Pakhtunkhwa Salaries, Allowances and Privileges Laws(Amendment) Act, 2014; June.

♦ The Khyber Pakhtunkhwa Finance (Amendment) Act, 2014; June; togive effect to the financial proposals of the provincial government.

♦ The Khyber Pakhtunkhwa Regulation of Lady Health WorkersProgramme 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 andreligious 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 DeathCompensation Act, 2014; November; to establish a fund for retirement benefitsand death compensation for civil servants.

♦ The Khyber Pakhtunkhwa Elementary and Secondary EducationFoundation (Amendment) Act, 2014; November.

♦ The Khyber Pakhtunkhwa Zakat and Ushr (Amendment) Act, 2014;November.

♦ The Khyber Pakhtunkhwa Injured Persons and Emergency (Medical

Khyber Pakhtunkhwa Assembly


Aid) Act, 2014; November; for medical treatment of the injured persons onpriority.

♦ 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 ofMinorities Act, 2014; December; for the protection of properties of non-Muslimcommunities.

♦ The Khyber Pakhtunkhwa Evacuee Trust Properties (Managementand Disposal) Act, 2014; December; for the management and disposal ofproperties of minorities.

♦ The Khyber Pakhtunkhwa Senior Citizens Act, 2014; November; forthe wellbeing, comfort and dignity of the senior citizens in the province.

Recommendations1. 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 MarriageBill, have been in the pipeline for a long time. Proposed legislation regardingsuch pressing matters need to be expedited without further delay.

3. Due consideration must be given to private members’ bills, especiallyon human rights-related concerns.

4. Much more must be done to invite input from the people at the stageof drafting of proposed legislations. Affording them an opportunity to voicetheir opinion would enhance interest in the legislative process and enable thelawmakers to make informed decisions in the light of public opinion.

5. The websites of the federal and provincial legislatures contain lists oflaws but these are not comprehensive and in some cases all that is mentionedis the name of the law. It is important to publish, and indeed to publicise, allnew laws in the national and regional languages to increase public awarenessof the laws.

14 state of human rights in 2014 - hrcphrcp-web.org/hrcpweb/data/ar14c/1-1 laws and law-making -...

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