Skip to main content

An Act to Provide for the Promotion, Protection and Enforcement of Human Rights in the Province of the Khyber Pakhtunkhwa

AN
ACT
to provide for the promotion, protection and enforcement of
human rights in the P rovince 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 therewith;

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 , 201 4.

(2) It extends to the whole of the Province o f 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 o f 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;

(d) ―Director‖ means the Director of Human Rights, Directorate;

(e) ―Directorate‖ mean s the Khyber Pakhtunkhwa Directorate of Human Rights
established by the Government;

(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 wel fare 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 Directorate established or to be
established by Government; and

(k) ―rules‖ mea n 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, o n commencement of this Act , the Directorate of 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 gri evances of the
aggrieved persons.

(2) The Directorate shall be headed by the Director Human Rights, 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 perf ormance and discharge of functions under this Act .

(3) Subject to the provisions of this Act , the Director 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 Director.

(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).

4. Regional office .— Government may establish a di strict office in each district or entrust to any
officer of Government working in the district to perform such functions as may be entrusted to him by
notification under this Act .
CHAPTER -III
POWERS AND FUNCTIONS OF THE DIRECTORATE
OF HUMAN RIGHTS

5. Func tions of the Directorate .— (1) The Directorate, 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, suo moto 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
Directorate 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 a ny 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 righ ts 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 pr omote 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 o f 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 prote ction of
human rights:

Provided that the Directorate 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, na val 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 Directorate shall take all ne cessary 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 .— (1) For carrying out the purposes of this Act , the Director
shall take such actions as he may deem appropriate.

(2) Without the generality of the foregoing functions, the Director shall be responsible to —

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

(b) the maintenance and safety of the reco rd of the Directorate;

(c) correspond on behalf of the Directorate;

(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 ascertain ing 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 Directorate;

(f) initiate proposals for legislation, for the protection of h uman 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, boo ks 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
mu tandis, 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 registere d with the Directorate with such fee as may be
prescribed and shall provide complete annual record of their functions and activities to the Directorate, in
the manners as may be prescribed.

8. Advisory Committee .— Government may, by notification in the o fficial 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 ma y be concerned with the functions of the Directorate 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 Directorate in the areas of c ompetence and expertise.

9. Delegation of powers .— The Director may delegate any of his power to any other officer of the
Directorate as he may deem necessary.
CHAPTER –IV

INQUIRES AND INVESTIGATIONS

10. Inquiry and complaints .— (1) The Directorate 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
Directorate, it may proceed to inquire into the complaint on its own:

Provided further that if on receipt of information or report, the Directorate is satisfied, that no
further enquiry is required or that requ ired 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 Directorate consider it
necessary, havi ng regard to the nature of the complaint, it may initiate an inquiry.

(3) If at any stage of the inquiry, the Directorate —

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

(b) is of the opinion that the reputation of any perso n 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 Directorate in relation to the conduct of inquires and investigations.

(5) On completion of the inquiry/ inv estigation, the Director or any other officer authorized by
the Director 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 auth ority shall be bound to assist the Directorate 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 Directorate.

(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 rece ived under sub -section (1), the Director 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 Director
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 issui ng any official notice.

(2) The Director 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 o f 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 di fficulty.

16. Re peal .— The Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights
Ordinance , 2013 (Khyber Pakhtunkhwa Ord . IX of 2013) is hereby repealed.

BY ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY OF KHYBER
PAKHTUNKHWA
________________________________________________________________________

(AMANULLAH)
Secretary
Provincia l Assembly of Khyber Pakhtunkhwa

-->