National Assembly passes National Human Rights Commission bill

-The National Assembly on Wednesday unanimously passed "The National Commission for Human Rights Bill, 2011 with some amendments. The Bill was moved by Advisor to the Prime Minister on Human Rights Mustafa Nawaz Khokhar to the House for passage. Zahid Hamid, Chaudhry Muhammad Barjees Tahir, Muhammad Baligh-ur-Rehman and others members of PML-N presented some amendments, which was adopted by the House sans any opposition from the treasury benches.
The opposition members proposed amendments in clauses 3,4,5,6,7,8,9,10,12,15,16,17,24 and 30 in the Bill. According to objects and reasons of the Bill, the decision to establish an independent National Commission for Human Rights affirms Government's firm commitment to the promotion and protection of human rights in the country. The Commission would not only fulfil the international obligation of establishing such a Commission, but it also serve as driving force for negating the propaganda of Human Rights violation in Pakistan.
The United Nations (UN) Member States are under obligation to establish independent national human rights institutions, which is considered as a singular criterion to judge a State's commitment towards the protection and promotion of human Rights. Presently, the national Human Rights Commissions are functioning in more than 54 countries. Zhaid Hamid proposed major amendment in clause four to the Bill about the procedure for the appointment of Chairperson and members of the Commission, which was accepted by the government.
According to the amendment, (1) the Federal Government shall, through public notice, invite suggestions for suitable persons for appointment as Chairperson and members of the Commission and, after proper scrutiny, shall submit a list of these persons to the Prime Minister and Leader of the Opposition in the National Assembly.
(2) The Prime Minister in consultation with the Leader of Opposition in the National Assembly will forward three names for each post to a parliamentary committee for hearing and confirming any person for each post. Provided that in case there is no consensus between the prime minister and leader of the opposition, each shall forward separate lists to the parliamentary Committee.
(3) The Parliamentary Committee shall be constituted by the Speaker of the National Assembly and shall comprise fifty percent members from the treasury benches and fifty percent from the opposition parties, based on their strength in Parliament, to be nominated by the respective Parliamentary leaders: Provided that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate.
(4) The Parliamentary Committee shall regulate its own procedure.
(5)The Parliamentary Committee shall forward the names of the nominees conformed by it to the President, who shall appoint the Chairperson and members accordingly.
According to amended Clause 5 of the Bill, Term of Office of Chairperson and of Members.-(1) A person appointed as Chairperson or a Member shall hold office for a term of four years from the date on which he enters upon his office: Provided that the term of office may be extended once in the manner provided in Section 4.
(2) The Chairperson or a member may resign from his office in writing under his hand addressed to the President and on acceptance of the resignation, such vacancy shall be filled within sixty days.
According to amended Clause 6 of the bill, Removal of the Chairperson and member: "The Chairman and members may be removed from the office on the grounds and in the manner provided for in Article 209 of the Constitution of the Islamic Republic of Pakistan."
7.Acting Chairperson: At any time when the Chairperson is absent or unable to perform the duties of his office for any reason, or in the event of the vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the members of the Commission shall elect an Acting Chairperson from amongst themselves until the incumbent Chairperson resumes his office, or as the case may be, until the appointment of new Chairperson to fill such vacancy, which shall not exceed sixty days.
A proviso in Clause 8 of the Bill also added proposed by the opposition members. According to the proviso that provided that neither the salary and allowances nor the terms and conditions of service of a member shall be varied to his disadvantage after his appointment. The opposition also proposed amendment in clause 10, in sub-clause (3), which is amended as "(3) the quorum for meeting of the Commission shall not be less than one-half of the total strength of the Commission."