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The government has prepared a policy for providing consular assistance to Pakistanis detained overseas including those languishing in Bagram detention centre. Sources said the Ministry of Foreign Affairs had forwarded a draft policy to the federal cabinet for consideration on the directives of the Supreme Court and Lahore High Court in different cases and the cabinet approved it.
The Ministry of Foreign Affairs informed the court that Bagram Detention Facility had been handed over to Afghan authorities and all the 43 Pakistani detainees had returned to the country. Presently 55 Pakistanis, who have been shifted from other Afghan prisons, are in the said facility. It is certified that these prisoners are under the control of Afghan government. The Embassy of Pakistan in Kabul is constantly in touch with the Afghan authorities for repatriation of Pakistani prisoners. On the directives of the Supreme Court and Lahore High Court, Ministry of Foreign Affairs in consultation with other stakeholders including Ministry of Overseas Pakistanis & Human Resource Development, Law and Justice Division, Ministry of Interior, National Database and Registration Authority (NADRA), and Directorate General of Immigration & Passport (IMPASS) finalised the policy to streamline the functions and efforts to provide assistance and relief to Pakistani nationals abroad.
The policy will serve as a guideline for all stakeholders striving to serve, assist and facilitate overseas Pakistanis as the consular assistance is meant to extend support and assistance by Pakistan Missions to the Pakistani nationals abroad and the Vienna Convention on Consular Relations 1963 pronounces the rights, duties and privileges of consulates and officials.
The Foreign Affairs Ministry further stated that the course of consular protection is found in Articles 5 and 36 of the Vienna Convention on Consular Relations 1963.
The broad features of the policy included: (i) financial and legal assistance may be granted to destitute imprisoned or detained overseas Pakistanis and for purposes of this policy, the word destitute implies an imprisoned or detained overseas Pakistani with no financial resources and family backing abroad; (ii) scope of financial assistance to destitute Pakistanis abroad includes cost of lawyer's fee, payment of fines and cost of repatriation; (iii) financial assistance may be provided to destitute imprisoned or detained overseas Pakistanis after obtaining approval from Inter-Ministerial Committee (IMC) comprising joint secretary from each relevant Ministry of Foreign Affairs, Interior, Finance, Overseas Pakistanis & HRO and Law & Justice; (iv) funds available under Pakistan Community Welfare & Education Fund (PCW&EF) may be utilised for provision of legal aid to Pakistan prisoners in detention centres and jails abroad, payment of fine and repatriation costs; (v) separate funds available under head of account A03924-expenditure on Refugees, Security, and Prisoners & Detainees under Demand No. 52 may be utilised after the recommendations of IMC have been approved by the foreign secretary; (vi) Ministry of Overseas Pakistanis and Human Resource Development through Overseas Pakistanis Foundation (OPF) and Bureau of Emigration and Overseas Employment (BE&OE) will provide financial assistance to overseas Pakistanis.
Additionally, the OPF under its financial compensation scheme will provide compensation in case of death and disability to the destitute families of the overseas Pakistanis registered with overseas Pakistanis (a) during the period of stay of OPs abroad; or (b) within the period of three years from the date of permanent return to Pakistan. The OPF provides and amount of Rs 400,000 to the families of deceased overseas Pakistanis and Rs 300,000 to disabled applicants. The BE&OE under Emigration Ordinance 1979 and the rules framed there under provide for compulsory insurance of every emigrant worker going abroad. The BE&OE has an agreement with State Life Insurance Corporation (SUC) since 1982 for the compulsory insurance for a period of five years on payment of one-time premium of Rs 2500. The insurance cover is extendable on optional basis. An amount of Rs 1,000,000 is paid in case of death of an emigrant worker during the insurance period while compensation ranging from 10 percent to 100 percent of coverage is given in case of disability of the worker during the insurance period. Ministry of Overseas Pakistani and Human Resource Development is responsible for welfare of overseas Pakistanis and implementation of the policy.

Copyright Business Recorder, 2019

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