The Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Act, 2014

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Department: Law, Parliamentary Affairs and Human Rights Department
Main Category: Acts
Specific Category Name: Human Rights
Year 2014
Promulgation Date: 20-01-2014
Details:

THE KHYBER PAKHTUNKHWA PROMOTION, PROTECTION AND ENFORCEMENT OF HUMAN RIGHTS ACT, 2014.

 

(KHYBER PAKHTUNKHWA ACT NO. III OF 2014)

 

 

CONTENTS

 

PREAMBLE

 

SECTIONS

 

CHAPTER-I

PRELIMINARY

 

1.         Short title, extent and commencement.

2.          Definitions.

CHAPTER-II

ESTABLISHMENT OF THE KHYBER PAKHTUNKHWA

DIRECTORATE OF HUMAN RIGHTS

 

3.         Directorate of Human Rights established by Government.

4.         Regional office.

CHAPTER-III

POWERS AND FUNCTIONS OF THE DIRECTORATE

OF HUMAN RIGHTS

 

5.         Functions of the Directorate.

6.         Powers and functions of the Director.

7.         Registration of Non-Governmental Organizations.

8.         Advisory Committee.

9.         Delegation of powers.

CHAPTER-IV

INQUIRIES AND INVESTIGATIONS

 

10.       Inquiry and complaints.


 

CHAPTER-V

JURISDICTION AND INDEMNITY

 

11.       Reference by the Government.

12.       Informal resolution of disputes.

13.       Power to make rules.

14.       Act to override other laws.

15.       Removal of difficulties.

16.       Repeal.

 


 

THE KHYBER PAKHTUNKHWA PROMOTION, PROTECTION AND ENFORCEMENT OF HUMAN RIGHTS ACT, 2014.

 

(KHYBER PAKHTUNKHWA ACT NO. III OF 2014)

 

[First published after having received the assent of the Governor of

theKhyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa

(Extraordinary),dated the 20thJanuary,2014].

 

AN

ACT

to provide for the promotion, protection and enforcement of

human rights in the Province of the Khyber Pakhtunkhwa

 

Preamble.---WHEREAS it is expedient to provide for the promotion, protection and enforcement of human rights as provided for in the Constitution of the Islamic Republic of Pakistan and the various International Conventions, Treaties, Covenants and Agreements to which Pakistan is a State Party or shall become a State Party and for matters ancillary thereto or connected with;

 

            It is hereby enacted as follows:

 

CHAPTER-I

PRELIMINARY

 

1.                  Short title, extent and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Act, 2014.

 

(2)        It extends to the whole of the Province of the Khyber Pakhtunkhwa.

 

            (3)        It shall come into force at once.

 

 

2.                  Definitions.In this Act, unless there is anything repugnant in the subject or context,-

 

(a)               “Agency” means a Department, Commission or Office of Government or a statuary corporation or other institution established or controlled by Government, private institutions and organizations, but does not include the Supreme Court, the High Court and Courts working under the supervision and control of the High Court, and the Provincial Assembly of the Khyber Pakhtunkhwa and its Secretariat;

 

(b)               “aggrieved person” means  a person whose human rights are adversely affected;

 

(c)                “child” means a person under the age of 18 years;

 

[1][(c-i)     “Department” means the Law, Parliamentary Affairs and Human Rights Department;]

 

[2][(d)        Director General” means the Director General of Law and Human Rights;]

 

[3][(e)        Directorate General” means the Directorate General of Law and Human Rights;]

 

(f)        “Government” means the Government of the Khyber Pakhtunkhwa;

 

(g)        “Non-Governmental Organization” means and includes any private agency or body working voluntarily for the welfare of the person or community;

 

(h)       “prescribed” means prescribed by rules;

 

(i)         “Province” means the Province of the Khyber Pakhtunkhwa;

 

(j)        “regional office” means regional office of the [4][Directorate General] established or to be established by Government; and

 

(k)       “rules” means rules made under this Act.

 

CHAPTER-II

ESTABLISHMENT OF THE KHYBER PAKHTUNKHWA

DIRECTORATE OF HUMAN RIGHTS

 

3.         Directorate of Human Rights established by Government.---(1) Notwithstanding anything contained in any other law for the time being in force, on commencement of this Act, the [5][Directorate General of Law and Human Rights], established by Government, shall conduct inquiry into, and investigation of, human rights violations in the Province and shall provide adequate relief as deem appropriate for redressal of the grievances of the aggrieved persons.

 

(2)        The [6][Directorate General] shall be headed by the [7][Director General], who shall be assisted by such number of officers and members of the staff as may be determined to be appointed by Government from time to time for the performance and discharge of functions under this Act.

 

(3)        Subject to the provisions of this Act, the [8][Director General] shall perform his functions and discharge his duties under the general supervision and control of the Government.

 

(4)        Subject to the provisions of this Act and of such orders, as may from time to time be issued by Government in this behalf, the officers and members of the staff shall perform their functions and discharge their duties under the general supervision and control of the [9][Director General].

 

(5)        The officers and members of the staff mentioned in sub-section (2) shall be civil servants within the meanings of the Khyber Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of 1973).

 

[10][4.     Regional office.---(1) Government may, in each district, establish a regional office, to be headed by the Deputy Commissioner of the district concerned.

 

(2)        Notwithstanding anything contained in this Act, the Deputy Commissioner of the concerned district shall perform such functions for the purpose of this Act in the concerned regional office as may be assigned to him by the Department.

 

(3)        The Deputy Commissioner of the concerned district may delegate his powers under sub-section (2) to any officer subordinate to him.

 

(4)        For the purpose of sub-section (2), the Deputy Commissioner of the concerned district shall submit annual report to the Department and the Department shall forward all the reports submitted by the Deputy Commissioners of the concerned districts to the Director General for compilation of annual report under this Act.]

 

CHAPTER-III

POWERS AND FUNCTIONS OF THE DIRECTORATE

OF HUMAN RIGHTS

 

5.         Functions of the Directorate[11][General].---(1) The [12][Directorate General], under the general supervision and control of Government, shall exercise and perform all or any of the following powers and functions, namely:

 

(a)               reviews of human rights situation in the Province;

 

(b)               to promote, protect and enforce human rights in the Province;

 

(c)                inquires, suomoto or a petition presented to it by a victim or any person on his behalf into the complaints of-

 

(i)                 any incident of violation of human rights or abatement thereof; or

 

(ii)             negligence in the prevention of such violation, by a public servant;

 

(d)               requires any person to furnish information on such points or matters as in the opinion of [13][Directorate General] may be useful for or relevant to the subject matter of any inspection or inquiry;

 

(e)                recommends to Government for immediate measures including actions to be taken against the persons involved in violation of human rights;

 

(f)                formulates, implement and regularly update policies with a view to protect human rights;

 

(g)               assists in any proceedings involving any allegation of violation of human rights pending before a Court;

 

(h)               co-ordinate activities of the Government Departments, in respect of human rights;

 

(i)                 initiatives for harmonization of legislation, regulations and practices with the international human rights covenants and agreements to which Pakistan is a party and monitoring their implementation;

 

(j)                 obtains information, documents and reports on complaints and allegations of human rights violations, from Government Departments and other agencies;

 

(k)               reviews the human rights safeguards provided by or under the Constitution of the Islamic Republic of Pakistan or in any other law for the time being in force for the protection of human rights and recommend adoption of new legislation, the amendment of the existing laws and the adoption or amendment of administrative measures for their effective implementation;

 

(l)                 reviews the factors, including, acts of terrorism, that inhabit the enjoyment of human rights and recommend appropriate remedial measures;

 

(m)             representation of Province in international bodies, organizations and conference relating to human rights in consultation and in conjunction with Foreign Affairs Division;

 

(n)               developing and conducting information programmes to foster public awareness of human rights, laws and remedies available against the abuse of human rights;

 

(o)               studies treaties, other International Instruments on human rights and reports submitted by the Government of Pakistan on them including the comments thereon, to make recommendation for their effective implementation;

 

(p)               undertakes and promote research in the field of human rights and maintain database on the complaints on violence of human rights and development of human rights norms;

 

(q)               spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publication, media, seminars and other available means;

 

(r)                develops a provincial plan of action for the promotion and protection of human rights;

 

(s)                formulating programmes of teaching of human rights at educational institutions;

 

(t)                 provision of facilities  for professional and technical training at home and abroad relating to human rights issues; and

 

(u)               such other functions as it may consider necessary for the promotion and protection of human rights:

 

            Provided that the [14][Directorate General] shall not have any jurisdiction to investigate or inquire into any matter which--

 

(i)                 is sub-judice before a Court of competent jurisdiction or judicial tribunal on the date of the receipt of a complaint, reference or motion by him; or

 

(ii)               relates to the external affairs of Pakistan or the relations or the dealing of Pakistan with any Foreign State or Government; or

 

(iii)             relates to or is connected with the defence of Pakistan or any part thereof, the military, naval and air forces of Pakistan, or the matters covered by the laws relating to those forces.

           (2)         Subject to the provisions of this Act and in addition to and not in derogation of any other law for the time being in force, the [15][Directorate General] shall take all necessary steps to preserve and promote the welfare of women and children and for this purpose can take such action as it may deem appropriate.

 

6.        Powers and Functions of the Director[16][General].---(1) For carrying out the purposes of this Act, the [17][Director General] shall take such actions as he may deem appropriate.

 

           (2)         Without the generality of the foregoing functions, the [18][Director General] shall be responsible to-

 

(a)                general supervision, control and administration of the officials and staff;

 

(b)               the maintenance and safety of the record of the [19][Directorate General];

 

(c)                correspond on behalf of the [20][Directorate General];

 

(d)               visit any jail or any institution or place under the control of Government, where convicts or other under trial prisoners or other persons lodged or detained for the purpose of ascertaining whether the provisions of the jail manual and other applicable laws relating to the inmates are being complied with;

 

(e)                submit annual report to Government about the progress of                the [21][Directorate General];

 

(f)                initiate proposals for legislation, for the protection of human rights;

 

(g)               enter and search any premises for the purpose of making any inspection or inquiry or where, he has reason to believe that any article, books of accounts, or other documents relating to the subject-matter of inspection or inquiry may be found, and may-

 

(i)                 search such premises and inspect any article, book of accounts or other documents including electronic devices record; or

 

(ii)               take extracts or copies of such books of accounts, documents and electronic devices; or

 

(iii)             seize or seal such articles, books of accounts, documents and electronic devices; or

 

(iv)             make an inventory of such articles, books of accounts, documents and electronic devices found in such premises.

 

(3)        All searches made under clause (g) of sub-section (2) shall be carried out mutatis mutandis, in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898).

7.         Registration of Non-Governmental Organizations.---Non-Governmental Organizations, working in the field of human rights protection, shall be registered with the [22][Directorate General] with such fee as may be prescribed and shall provide complete annual record of their functions and activities to the [23][Directorate General], in the manners as may be prescribed.

 

8.         Advisory Committee.---Government may, by notification in the official Gazette, constitute an Advisory Committee consisting of Human Rights Activist, Civil Society Organizations, religious opinion makers, members of Bar Council/ Associations, members of Local Councils and such other representatives of Government as may be concerned with the functions of the [24][Directorate General] for such a period as may be determined:

 

            Provided that the members of the Advisory Committee shall perform such functions in an honorary capacity or otherwise to assist the [25][Directorate General] in the areas of competence and expertise.

 

 

 

9.         Delegation of powers.---The [26][Director General] may delegate any of his power to any other officer of the [27][Directorate General] as he may deem necessary.

 

CHAPTER –IV

INQUIRES AND INVESTIGATIONS

 

10.       Inquiry and complaints.---(1) The [28][Directorate General] while inquiring the complaints of violation of human rights may call for information or report from any Agency or other Authority or Organization of Government within such time as may be specified by it:

 

            Provided that if the information or report is not received within the times stipulated by the [29][Directorate General], it may proceed to inquire into the complaint on its own:

 

            Provided further that if on receipt of information or report, the [30][Directorate General] is satisfied, that no further enquiry is required or that required actions has been initiated or taken by the concerned Agency, it may not proceed with the complaint and inform the complainant accordingly.

 

            (2)        Without prejudice to anything contained in sub-section (1), if the [31][Directorate General] consider it necessary, having regard to the nature of the complaint, it may initiate an inquiry.

 

            (3)        If at any stage of the inquiry, the [32][Directorate General]-

 

(a)        considers it necessary to inquire into the conduct of any person; or

 

(b)        is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry,

 

it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:

 

            Provided that nothing in this section shall apply where the credit of a witness is being impeached.

 

            (4)        Government in the prescribed manner shall provide for the powers and functions of the officers and staff of the [33][Directorate General] in relation to the conduct of inquires and investigations.

 

            (5)        On completion of the inquiry/ investigation, the [34][Director General]  or any other officer authorized  by the [35][Director General] may file, under relevant law, a complaint in a Court of competent jurisdiction, or before the competent authority as the case may be.

 

            (6)        Every relevant Agency, organization or authority shall be bound to assist the [36][Directorate General] and provide the requisite information as deem necessary for investigation and inquiry in the human rights violation.

 

CHAPTER-V

JURISDICTION AND INDEMNITY

 

11.       Reference by the Government.---(1) Government may, refer any matter, report or complaint for inquiry and independent recommendations to the [37][Directorate General].

 

            (2)        Notwithstanding any thing contained in the provision of section 10, as soon as the report or complaint in respect of human rights violation is received under sub-section (1), the [38][Director General] shall promptly proceed to investigate any such matter, report or complaint and submit his findings or opinion within a reasonable time.

 

12.       Informal resolution of disputes.---(1) Notwithstanding anything contained in this Act, the [39][Director General] and a member of the staff shall have the authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice.

 

            (2)        The [40][Director General] may with the approval of Government, appoint for purpose of liaison, counselors, whether honorary or otherwise, at local level on such terms and conditions by notification, as may be prescribed.

 

13.       Power to make rules.---Government may, make rules for carrying out the purposes of this Act.

 

14.       Act to override other laws.---The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

 

15.       Removal of difficulties.---If any difficulty arises in giving effect to any provision of this Act, Government may make such order within six months, not inconsistent with the provisions of this Act, as may appear to be necessary for the purpose of removing such difficulty.

 

16.       Repeal.---The Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Ordinance, 2013 (Khyber Pakhtunkhwa Ord. No. IX of 2013) is hereby repealed.



[1]Inserted vide Khyber Pakhtunkhwa Act No. XLV of 2019

[2]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of2019

[3]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[4]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of2019

[5]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of2019

[6]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of2019

[7]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of2019

[8]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[9]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[10]Substituted vide Khyber Pakhtunkhwa Act No. XLV of 2019

[11]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[12]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[13]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[14]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[15]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[16]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[17]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[18]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[19]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[20]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[21]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[22]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[23]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[24]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[25]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[26]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[27]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[28]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[29]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[30]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[31]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[32]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[33]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[34]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[35]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[36]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[37]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[38]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[39]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019

[40]Substituted vide Khyber Pakhtunkhwa Act No. XVIII of 2019