PUNJAB HUMAN RIGHTS POLICY 2018 (1).pptx

HR P 18

1. HUMAN RIGHTS POLICY in pakistan

2. 1. INTRODUCTION National policy framework for HR by Federal govt. 2022-2027 and Punjab HR Policy 2018 Human Rights Policy focuses on protecting and promoting human rights in compliance with Pakistan's Constitution and UN conventions. It aims to ensure justice, equality, and security of civil, political, economic, cultural and social rights for all citizens, particularly vulnerable groups like children, women, minorities, senior citizens, transgender persons, and those with disabilities. The last sermon of the Prophet Muhammad ﷺ provided the basis for equality and non-discrimination. The Charter of Madina is considered the first step towards establishing a Muslim State defining citizen rights and state duties. It ensures social, legal, and economic equality for all loyal citizens.

3. 1. INTRODUCTION The Founder of Pakistan M. A. Jinnah while addressing the Constituent Assembly stated that the People are free to worship in any place in Pakistan. The religion, caste, or creed doesn't affect the citizenship. Everyone is an equal citizen of this State. The Constitution secures fundamental rights for all citizens, regardless of any discrimination. While progress has been made in entrenching human rights principles into state institutions, there is still work to be done to protect all citizens' rights and eliminate discrimination. Nevertheless, the government's pledges to improve the human rights situation.

4. 1. INTRODUCTION The Government is dedicated to uphold the dignity and fair treatment of every individual, ensuring their protection, and enabling their full participation in economic, political, and social activities. It aims to enforce human rights principles with strong institutional mechanisms, in line with both constitutional and international commitments. Federal and Provincial Departments including Human Rights and Minorities Affairs Department, Social Welfare, Bait-ul-Maal Department and the Punjab Commission on the Status of Women facilitates human rights interventions by providing relief to vulnerable strata of society.

5. 2. PRINCIPLES OF HUMAN RIGHTS POLICY Punjab Human Rights Policy is based on the following principles: Re-affirming the commitment to all human rights obligations. Reviewing and amending laws/policies to strengthen human rights protection in consonance with current human rights and mainstreaming human rights perspective in public policy development process and resource allocation. Emphasis on human rights education and training and enhancing domestic and international engagement. Modernizing the curricula and competition exams to include human rights concepts. Improving training and SOPs of the relevant departments.

6. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.1 Child rights) Pakistan has ratified various international conventions and treaties related to the rights of the children. Punjab has enacted various laws for the protection of child rights in the province such as The Punjab Child Marriage Restraint (Amendment) Act 2015, The Punjab Destitute and Neglected Children’s Act 2004, The Punjab Borstal Act, 1926, The Punjab Free and Compulsory Education Act 2014, The Punjab Prohibition of Child Labor at Brick Kilns Act, 2016 and The Restriction on Employment of Children Act, 2016 etc. Efforts by the government are underway to ensure 100% birth registration in the province by introducing digital birth registration using cellular technology.

7. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.1 Child rights) Recommendations for further action include (a) Formulation of a child rights strategy (b) Integrated projects (c) Development and strengthening of legal framework, including administrative and institutional complaint redressal mechanism (d) Protection from all forms of violence and abuses, such as harm; neglect; stigma; discrimination; deprivation; exploitation (economic and sexual); abandonment; separation; abduction; sale or trafficking; pornography; alcohol and substance abuse; or any other activity that takes undue advantage of them, or harms their personhood (e) Promoting education, sports and other recreational activities (f) Ensuring that all abandoned, homeless, disadvantaged, vulnerable children are tracked, registered, rescued, rehabilitated and re-integrated (g) Addressing discrimination (h) Engaging agencies to build child development and protection programs (i) Institutionalization of effective mechanisms for managing data related to child sex offenders and deterrent procedures (j) Where applicable, regulation of a government sanctioned system of adoption (k) Implementation of adequate standards for provision of juvenile justice and borstal institutions.

8. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.2 women rights) Pakistan has endorsed international conventions and human rights instruments to secure equal rights for women, including CEDAW (which obliges to eliminate the discrimination and promote gender equality in all aspects of life) and ILO conventions No. C-100 and C-111 (which provide for equality of opportunity and treatment in all employment matters) . The government has demonstrated commitment to women's rights through groundbreaking laws such as The Punjab Child Marriage Restraint (Amendment) Act 2015, The Punjab Muslim Family Laws (Amendment) Act 2015, The Punjab Protection of Women Against Violence Act, 2016, and also established the Punjab Commission on the Status of Women to monitor and implement pro-women laws. Initiatives such as the Punjab Women Empowerment Package and Punjab Women Empowerment Initiatives have been launched to promote women's rights, including measures for inheritance rights, protection of home-based and working women, maternity and paternity leave, and establishment of day-care centers.

9. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.2 women rights) Recommendations for further improving women's rights include formulation of a provincial gender policy, allocating sufficient budget for women empowerment, establishing career counseling centers, providing designated bus stops for women, extending psychiatric health facilities, offering business management training for women entrepreneurs and guaranteeing the Islamic right to inheritance. Other recommendations include enhancing the use of technology, providing free technical/vocational training and interest-free loans to women, upgrading and ensuring women education, ensuring gender mainstreaming, mobile units for screening breast cancer, provision of women employment and educational quotas, rehabilitation of the victims of violence and strengthening of legal systems together with women friendly police and prisons (and also by inculcating and entrenching gender sensitive approaches and mechanisms for Investigating Officers, Medico-Legal Officers and Prosecutors) to eliminate discrimination and violence (including sexual harassment and anti women customary traditions) against women.

10. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.3 RIGHTS OF MINORITIES) Religious minorities enrich cultural diversity and pluralistic roots of Pakistan and contribute to its development and prosperity. The government is constitutionally obligated to protect their rights and ensure equal treatment notwithstanding any discrimination. Special measures are undertaken for the empowerment of minorities, including a 5% employment quota in the public sector and reserved seats in provincial assemblies. The Human Rights and Minorities Affairs Department in Punjab coordinates efforts to promote minority rights and administers relevant laws such as rules framed under The Christian Marriage Act, 1872 and The Hindu Marriage Act, 2017, and The Punjab Sikh Annand Karaj Marriage Act, 2018. Initiatives for interfaith harmony include organizing minority festivals, legal reforms, ensuring freedom in education, and combating false accusations under blasphemy laws. The government aims to foster tolerance through educational reforms, media campaigns, and legal actions against religious hatred.

11. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.4 RIGHTS OF PERSONS WITH DISABILITIES) The Constitution mandates the state to provide for the basic needs of citizens unable to earn a livelihood due to disability. Pakistan is also signatory to the ILO Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) No. 159 and the UN Convention on the Rights of Persons with Disabilities, demonstrating commitment to addressing disability issues. In 1981, Pakistan enacted the Disabled Persons (Employment and Rehabilitation) Ordinance, and subsequent amendments were made to align with the principles of the 18th amendment. The government has established various bodies, such as Provincial Councils and District Assessment Boards, to protect the rights of persons with disabilities. Measures to improve their integration include advocacy campaigns, inclusive education, provision of quality services, strengthening partnerships with stakeholders, and ensuring accessibility in buildings and employment opportunities.

12. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.4 RIGHTS OF PERSONS WITH DISABILITIES) A special fund at national level has been created which is utilized for establishment of training centers; grant of financial assistance to persons with disabilities who are not fit to undertake any employment; disbursement of stipend or scholarships to persons with disabilities receiving trainings; welfare package for persons with disabilities and for providing artificial limbs, surgical therapy and medical treatment. Recommendations include advocating for disability rights, enhancing stakeholder participation, promoting inclusive education, improving service delivery, training parents and communities, making buildings disability-friendly, extending age relaxation and 3% employment quotas, encouraging children with mild disabilities to enroll in government schools, and implementing quotas in the private sector.

13. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.5 RIGHTS OF SENIOR CITIZENS) Elderly and senior citizens in Pakistan face vulnerabilities due to declining mental and physical faculties, necessitating the protection of their rights and prevention of abuse or exploitation. International human rights frameworks, including the UDHR and the ICCPR, recognize the rights of the elderly, emphasizing food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond their control, equality, protection of pension and government benefits and prohibition of performance of experiments on elderly persons not capable of giving consent. The ICESCR also ensures social security and old-age benefits. Despite this, many elderly individuals in Punjab face coerced work and discriminatory attitudes. To safeguard their rights, measures such as legislation for awareness of old-age benefits, discounts for working seniors, transportation fare discounts, and priority service delivery should be implemented.

14. 3. PROTECTION OF RIGHTS OF INDIVIDUALS AND VULNERABLE GROUPS (3.6 RIGHTS OF TRANSGENDER PERSONS ) The UDHR emphasizes equality and dignity for all individuals, regardless of sex and gender identity. Pakistan's Constitution also upholds the human right principle of dignity. In compliance with the Supreme Court judgment, the Government of Pakistan initiated the registration of transgender persons as a third gender in the national database, with efforts underway for greater inclusivity in the census. However, transgenders are still a neglected part of our society condemned to degradation and inhumane social attitudes and face violence and social exclusion. To strengthen their rights in Punjab, initiatives such as birth registration, NADRA registration, affirmative action in employment, comprehensive laws against violence, and ensuring inheritance rights are recommended. These measures aim to dignify the status of transgender individuals and promote their inclusion in society.

15. 4. CIVIL AND POLITICAL RIGHTS The Constitution safeguards religious freedom and the right to expression for all individuals. The importance of enforcing laws against hate speech, communal violence, and those who incite apostasy is acknowledged. Pakistan confronts challenges like sectarian violence and religious intolerance, but it is committed to promoting interfaith harmony through various initiatives.

16. 4. CIVIL AND POLITICAL RIGHTS (4.1 SECURING RIGHT TO LIFE, LIBERTY AND SECURITY) Pakistan is dedicated to upholding its national and international responsibilities and for in pursuance of that, has ratified key human rights conventions. Efforts are underway to implement these conventions domestically, despite challenges. Article 9 of the Constitution emphasizes that no one should be deprived of life or liberty except according to law. Road safety is a significant concern, contributing to a substantial number of annual deaths. Punjab Government has initiated the Punjab Safe City Project, aimed at enhancing security mechanisms at the provincial level to ensure a free and secure environment for its citizens. To further safeguard rights, recommendations include institutionalizing mechanisms to prevent human rights violations, addressing flaws in the criminal justice system and societal prejudices, enacting comprehensive laws to combat torture, and establishing strict monitoring of the Punjab Safe City Project.

17. 4. CIVIL AND POLITICAL RIGHTS (4.2 ENSURING RIGHT TO INFORMATION (RTI)) Pakistan stands as a pioneer in South Asia for enacting legislation guaranteeing access to information from public bodies at the national level. The Freedom of Information Ordinance (FOIO) of 2002 and the subsequent inclusion of the Right to Information in the 18th Amendment to the Constitution (Article 19A) signify the nation's commitment to transparency and accountability. The Right to Information is deemed crucial for democracy, fostering good governance, reducing corruption, and enhancing accountability. Pakistan's adoption of the Punjab Transparency and Right to Information Act in 2013 further underscores this commitment. Internationally, Pakistan is party to treaties recognizing the right to information as a fundamental human right, such as the ICCPR, the United Nations Convention against Corruption, and CEDAW and the UN CRC. To strengthen and ensure the effectiveness of the RTI, steps include conducting awareness campaigns, proper implementation of RTI laws, training of public servants, nomination of Public Information Officers (PIOs), and regular reporting by the Information Commission. These measures aim to empower citizens, enhance transparency, and promote accountability in public affairs.

18. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.1 EDUCATION AS A RIGHT TO DEVELOPMENT) The Punjab government is dedicated to providing free and compulsory education for children aged five to sixteen, as mandated by the Punjab Free and Compulsory Education Act of 2014. However, significant efforts are required to address the issue of children not attending school. To fulfill constitutional and international commitments, Punjab should: frame rules under the 2014 Act, increase education budget allocation, provide special grants for underdeveloped areas, promote gender equality in education, offer incentives for enrollment, encourage children with disabilities to attend school, ensure 100% enrollment, implement quotas for disadvantaged students, enforce a zero-tolerance policy and legal actions for corporal punishment, and conduct mass mobilization campaigns to increase school attendance with the support of political leaders, civil society organizations, and media.

19. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.2 RIGHT TO AFFORDABLE HEALTH COVERAGE) Health security is considered a fundamental human right and should be accessible and affordable to all citizens. Access to medical relief is guaranteed in the Principles of Policy. Previously, vertical health programs like Maternal, Neonatal, and Child Health (MNCH), Expanded Program on Immunization (EPI), and Lady Health Workers (LHW) Program were managed by the Federal Government but are now effectively administered by the Government of Punjab. The Punjab Healthcare Commission Act 2010 aims to enhance healthcare services in the province. To improve health coverage, actions recommended include ensuring comprehensive healthcare provision without discrimination, establishing a policy planning unit at the provincial level, strengthening district health systems, integrating national programs' information systems, linking tertiary care and private sector facilities with provincial information systems, allocating resources based on disease incidence and prevalence, introducing social health insurance and safety nets for vulnerable groups, aligning donor funding with provincial health strategy, and implementing safety nets to protect the poor from catastrophic health expenses.

20. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.3 REPRODUCTIVE RIGHTS) Reproductive rights are a crucial aspect of human rights, necessitating significant attention and action from the government. To safeguard the reproductive rights of women, the following steps are recommended: Integrate service delivery to provide comprehensive life skills for women's sexual and reproductive health, ensuring their healthy development. Establish post-abortion committees in all tertiary hospitals to address post-abortion care needs. Implement a coherent information dissemination policy across the Primary & Secondary Healthcare Department and Population Welfare Departments. Regulate both public and private health sector facilities to offer safe abortion services to women, adhering to legal criteria. Develop and implement an effective strategy to eradicate malnutrition, contributing to overall reproductive health and well-being.

21. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.4 LABOR RIGHTS) Labor rights are crucial in a developing country like Pakistan, encompassing fair wages, the abolition of child labor, association rights, and occupational injury protection. The Federal Government has already provided for labor rights under various constitutional articles, and Punjab has enacted the Punjab Industrial Relations Act, 2010, to safeguard these rights. Pakistan has ratified eight ILO conventions on labor rights, but implementing these commitments at the grassroots level remains a challenge. The Labor and Human Resource Department is responsible for protecting and promoting labor rights in both formal and informal sectors. To protect labor rights in Punjab, steps include registering and protecting labor unions, ensuring effective mechanisms for labor dispute settlement, prioritizing individual grievance redressal, enforcing minimum wage standards, eliminating child labor as per the Punjab Restriction on Employment of Children Act, 2016, ensuring social protection and occupational safety, and providing legislative or policy cover to prevent exploitation of workers in both formal and informal sectors.

22. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.5 CULTURAL RIGHTS) Culture is integral to social life and reflects human priorities, as recognized by the ICESCR, emphasizing the conservation, development, and dissemination of cultural values. The Government of Pakistan, having ratified this convention, is tasked with promoting local cultures. In Punjab, the Information & Culture Department oversees cultural matters and collaborates with other departments to realize cultural rights. Steps to achieve this include developing a roadmap for cultural conservation and advancement, identifying and documenting the cultures of indigenous peoples, providing financial assistance to artists and writers, organizing cultural promotional activities at the provincial level, establishing cultural centers at the district level, mandating the Information & Culture Department to implement the roadmap, and discouraging cultural practices that violate fundamental human rights.

23. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.6 ENVIRONMENTAL RIGHTS) Environmental conditions significantly impact the realization of various human rights, including the right to life, health, and livelihoods. The judiciary has emphasized the importance of access to a clean atmosphere and unpolluted environment under Articles 9 and 14 of the Constitution. The cost of environmental degradation in Pakistan is substantial, amounting to Rs.365 billion annually according to a World Bank assessment. Environmental factors contribute to illnesses, premature mortality, waterborne diseases, and child mortality. To promote a healthy environment, actions should include implementing the Framework for Implementation of National Climate Change Policy 2013, strengthening and ensuring proper implementation of the Punjab Environment Policy 2015, and prioritizing sustainable development with a focus on environmental preservation in public sector development programs and industrial growth.

24. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.7 WATER, SANITATION & HYGIENE) A study by the Asian Development Bank highlights the significant economic impact of inadequate sanitation in Pakistan, amounting to a loss of Rs.343.7 billion, equivalent to about 3.9% of the country's GDP in 2012. Poor sanitation affects various aspects of society such as health, education, mobility, and reproductive health, underscoring the importance of Water, Sanitation, and Hygiene (WASH) initiatives. Affirmative action policies are necessary to empower marginalized groups and address historical inequalities, as mandated by international agreements like CEDAW. Environmental rights demand equitable distribution of resources, recognizing their common ownership. The policy emphasizes the Punjab government's commitment to ensuring WASH rights for all, focusing on safe drinking water, hygiene, sanitation, waste disposal, and menstrual health awareness. Collaboration among relevant departments is crucial for effective implementation, led by the Housing, Urban Development & Public Health Engineering Department in coordination with other governmental bodies.

25. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.8 EDUCATION AND INFORMATION ABOUT HUMAN RIGHTS AND RESPONSIBILITIES) The core of Punjab's Human Rights Policy focuses on enhancing accessibility to information regarding human rights throughout the region. This initiative aims to educate individuals about the significance of human rights, why they are important, and how they are safeguarded. The framework involves a range of educational efforts, including the implementation of human rights education programs in schools, colleges, communities, and the public sector, ensuring that all Pakistanis have access to this vital information.

26. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.9 PRIMARY AND SECONDARY EDUCATION ON HUMAN RIGHTS) The Constitution of Pakistan guarantees the right to free education and information. The government commits to developing a high-quality national curriculum for all students from kindergarten to Year 16. The Human Rights & Minorities Affairs Department will collaborate with provincial education departments, establishing a committee to oversee this task. This committee, drawing on its expertise, will ensure the dissemination of education and information rights across communities, complementing NGO initiatives. Steps include incorporating human rights concepts into school curriculum, sensitizing government officials through training, integrating rights and responsibilities into curriculum development, allocating funds for education and awareness programs, and partnering with civil society organizations to target diverse groups' information needs.

27. 5. SOCIAL, ECONOMIC AND CULTURAL RIGHTS (5.10 COMMUNITY EDUCATION) Educating and increasing public awareness are crucial for reducing discrimination and fostering tolerance in the community, regardless of gender, race, religion, culture, age, or disability. Social sector departments are conducting awareness campaigns related to their responsibilities and public services. To enhance community education: i . Efforts should be consolidated and streamlined across departments to optimize resources and achieve effective results. The Information & Culture Department can lead this effort. ii. Create a supportive environment for Civil Society Organizations in collaboration with relevant departments. iii. The Human Rights & Minorities Affairs Department will bolster its support for human rights education and awareness province-wide.

28. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.1 IMPROVED ENGAGEMENT WITH CIVIL SOCIETY ORGANIZATIONS) NGOs and Civil Society Organizations play a vital role in promoting human rights in Pakistan. They educate the public about human rights issues and provide essential feedback to the government. To enhance public-private partnerships: i . The Social Welfare & Bait-ul-Maal Department will strengthen ties between the government and NGOs/ CSOs to improve human rights protection. ii. Increased collaboration with NGOs/ CSOs will complement the government's efforts in developing and implementing community human rights awareness and education programs. iii. The Punjab government will continue engaging with the international community to protect and promote human rights domestically, regionally, and globally.

29. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.2 AWARENESS RAISING AND ADVOCACY CAMPAIGNS) The media plays a crucial role in advancing human rights, democracy, and development by holding those in power accountable and raising awareness, particularly in conflict situations. Electronic media, in particular, has become a powerful tool for amplifying the voices of people globally. To leverage the media's role in promoting human rights: i . Raise awareness through community dialogues, seminars, rallies, and educational initiatives such as declamations at schools, colleges, and legal organizations to foster behavioral change. ii. Conduct training sessions to sensitize journalists on human rights issues, recognizing their role as societal "antennas" in highlighting violations. iii. Establish connections with the media to showcase government initiatives related to human rights in Punjab.

30. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.3 INTERNATIONAL COOPERATION) Pakistan has ratified key United Nations treaties safeguarding human rights, reflecting international consensus on fundamental human values. The government is committed to fulfilling its obligations under these treaties and will engage with the international community to enhance human rights protection domestically, regionally, and globally. In Punjab, efforts will be made to integrate the commitments from these treaties into mainstream governance. The Punjab Treaty Implementation Cell will be established and provided with adequate resources to ensure effective and proper implementation of these obligations at the provincial level.

31. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.4 ROLE OF CONCERNED DEPARTMENTS) The Punjab Human Rights Policy, 2018 marks the initial step towards upholding human rights in the province. Effective implementation requires strong commitment from the government. While the Human Rights and Minority Affairs Department of the Punjab government bears primary responsibility, collaboration with other provincial departments is essential to address cross-cutting issues. All relevant departments are urged to prioritize the Punjab Human Rights Policy in their operations, as it serves as a mechanism to ensure the realization of fundamental rights guaranteed in the Constitution and international commitments of Pakistan.

32. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.5 ROLE OF PUNJAB PROVINCIAL COMMISSIONS) The Punjab Commission on the Status of Women is a significant human rights institution at the provincial level, actively involved in research and monitoring of women's rights in Punjab. With its expertise and autonomy, PCSW can contribute effectively to updating and implementing human rights policies, especially concerning women's rights. Similarly, the Child Protection & Welfare Bureau, Punjab, mandated to manage child protection institutions, can play a crucial role in implementing and revising policies related to child rights. Utilizing the expertise and resources of the Bureau, including child protection units and officers, is essential for ensuring the effective implementation of human rights policies, particularly those pertaining to children.

33. 6. IMPLEMENTATION OF PUNJAB HUMAN RIGHTS POLICY (6.6 ROLE OF CITIZENS) Every individual, both independently and in collaboration with others, holds the right and duty to advocate for the protection, promotion, and realization of human rights and fundamental freedoms as outlined in this policy. This entails engaging in education, advocacy, and empowering citizens at both national and provincial levels within the confines of the law.

34. PUNJAB HUMAN RIGHTS POLICY 2018