Khyber Pakhtunkhwa

Human Rights Policy

Paving the way forward for human rights

Prepared by
Government of Khyber Pakhtunkhwa
Law, Parliamentary Affairs
and Human Rights Department
2018
 Contents

1 Introduction 3

2 Methodology 4

International treaties to which Pakistan is signatory 5

Relevant National Legislation 5
Relevant Provincial legislation 5

3 Preamble 7

4 Civil and Political Rights 8

Recommendations 8
Police 8
Prosecution 9
Right to Information 9

5 Women 10
Recommendations 11

6 Children 12
Recommendations 12

7 Transgender Persons 13
Recommendations 14

8 Minorities 15
Recommendations 16

9 Senior Citizens 17
Recommendations 17

10 Persons with Disabilities 17

Recommendations 18

11 Human Rights Defenders 18

Recommendations 18
 1 Introduction

T he Constitution of the Islamic Republic of Pakistan (1973) guarantees Human Rights

protection through Funda-mental Rights and the Principles of Policy as speci ed under
Articles 8-28 and 29-40 respectively.

The Government of Pakistan, in view of its vision 2025, and its commitment to the United Nations
Sustainable Development Goals in respect of vulnerable segments of the society, has given due
priority to human rights observance in Pakistan.

The Eighteenth Constitution (Amendment) Act, 2010 has rede ned the structural contours of
the state through a paradigm shift from a heavily centralized to a predominantly decentralized
federation. In so far as the application of Human Rights is concerned, the Federal Ministry of
Human Rights has the primary responsibility of reporting on the rati ed international
Conventions, as the coordinating body and to liaise with the provinces on human rights to
ensure their coherence and alignment with international obligations. However, after the
enactment of the Eighteenth Constitution (Amendment) Act, 2010, many responsibilities have
been entrusted to provincial governments including implementation at the provincial level of
international Human Rights treaties to which Pakistan is signatory.

The Province of Khyber Pakhtunkhwa has a clear vision regarding the promotion, protection and
enforcement of Human Rights within its jurisdiction. Since 1979, Khyber Pakhtunkhwa has
played host to a majority of almost three million Afghan refugees. Despite the tremendous
burden this refugee in ux has placed on Pakistan, the generosity, tolerance and respect with
which the people of Khyber Pakhtunkhwa welcomed and supported these refugees is a shining
example to the world. Similarly, the province has seen its share of con ict. In 2009, during the
course of Operation Rah-Rast, over two million of Khyber Pakhtunkhwa's citizens became
Temporarily Displaced Persons (TDP's). Once again, the people of neighboring towns welcomed
their fellow citizens into their lives and homes with open hearts. The province then oversaw the
peaceful return of the residents of Swat Valley after the successful conclusion of the operation.

Indeed, Khyber Pakhtunkhwa's belief in and adherence to human rights values is borne by its
history and recent events. Therefore, it is no surprise that province has enacted a number of laws
to strengthen the protection, promotion and enforcement of human rights and also recognizes
the need for a comprehensive human rights policy framework.

The province recognizes that in order to strengthen the protection, promotion and enforcement
of human rights, a compre-hensive policy framework is required.

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This policy builds on legislative and policy initiatives already undertaken and seeks to expand
the scope and scale of future endeavors that will demonstrate the province's ongoing
commitment to the State's obligations with reference to international human rights instruments
and relevant constitutional provisions, national and provincial laws.

2 Methodology

T his Policy is developed by Government of Khyber Pakhtunkhwa with technical assistance

from United Nations Development Program (UNDP) and the Swiss Agency for
Development and Cooperation (SDC). In the rst round, UNDP conducted a gap analysis.
The aim of this analysis was to identify gaps in the present human rights regime in the Province. It
also analyzed the rules of each Government department with reference to its human rights
mandate, relevant federal legislation and Pakistan's international commitments. The gap
analysis further incorporated a review of all human rights protection-related laws and policies,
enacted by the Provincial Government. Consequently, the thematic areas, listed below, were
identi ed as priority areas of focus. The core team identi ed relevant Government departments
with respect to the thematic areas and drafted and circulated speci cally tailored questionnaires
to these departments for feedback and information. The core team, comprising of members
from the provincial Law, Parliamentary Affairs and Human Rights Department and UNDP, then
entered into a round of follow-up consultations and key informant interviews. The consultations,
conducted in the rst instance with Government stakeholders, were followed by further
consultations with Civil Society Organizations and International partners including United
Nations agencies. Through this process, priority areas for this policy framework were identi ed
and relevant recommendations formulated. These cover the following thematic areas:

i. Civil and Political Rights;

ii. Women;
iii. Children;
iv. Transgender Persons;
v. Minorities;
vi. Senior Citizens;
vii. People with Disabilities; and
viii. Human Rights Defenders.

Each thematic area provides a brief introduction to the issue followed by relevant policy
recommendations. The recom-mendations are based on the ndings of Key Informant
Interviews and stakeholder consultations. At all times, care has been taken to ensure that these
recommendations focus on practical improvement and outcomes by being based in the social,
cultural, political and governance reality of the Province.

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This policy aims to provide a mechanism that ensures implementation of human rights
protections and safeguards from the ground level up. It is critical that the Law, Parliamentary
Affairs and Human Rights Department, in consultation with other relevant departments,
continue to play a concrete role in establishing frameworks and procedural mechanisms
requiring speci c, measurable and proactive engagement by local government institutions. The
obliga-tions of the Federal Government do not bar the Provincial Government from enacting
laws which it deems t and necessary to further strengthen its human rights regime.

International treaties to which Pakistan is signatory.

The following major International Treaties which Pakistan is a signatory to and has successfully
rati ed are critical to the formulation of this policy:

1. International Covenant on Civil Political Rights (ICCPR).

2. International Convention on Economic, Social and Cultural Rights (ICESCR).
3. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
4. International Convention against Torture and other Cruel Inhuman or Degrading
Treatment or Punishment (UNCAT).
5. International Convention on the Rights of Child (CRC).
a. Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed con ict
b. Optional Protocol to the Convention on the Rights of the Child on the sale of children child
prostitution and child pornography
6. International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
7. International Convention on the Rights of Persons with Disabilities (CRPD).

Relevant National Legislation

The following National Legislation adopted by Pakistan in light of its International Human Rights
obligations is critical to the formulation of this policy:

1. Law and Justice Commission of Pakistan (Amendment) Ordinance 1979.

2. The Women in Distress and Detention Fund Act 1996.
3. Juvenile Justice System Ordinance 2000.
4. The Protection Against Harassment of Women at the Work Place Act, 2010.
5. The Criminal Law Second Amendment (Acid and Burn) Act, 2011.
6. The Women in Distress and Detention Fund (Amendment) Act 2011.
7. National Commission for Human Rights Act 2012.
8. Criminal Law Amendment Act 2015 (against child pornography and child cruelty).
9. Criminal Law (Amendment) (Offences in the name or pretext of Honour) Act 2016.

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Relevant Provincial legislation
The following Provincial Legislation adopted by Khyber Pakhtunkhwa since the 18th
Amendment is critical to the formulation of this policy:

1. Child Marriage Restraint Act 1939.

2. Child Protection and Welfare Comm-ission Act 2010.
3. Khyber Pakhtunkhwa Borstal Institution Act 2012.
4. Khyber Pakhtunkhwa Elimination of Custom of Ghag Act 2013.
5. The Khyber Pakhtunkhwa Right to Information Act 2013.
6. The Khyber Pakhtunkhwa Minimum Wages Act, 2013.
7. Khyber Pakhtunkhwa Right to Public Services Act 2014.
8. Khyber Pakhtunkhwa Deserving Widows and Special Persons Welfare Foundation Act 2014.
9. Khyber Pakhtunkhwa Senior Citizens Act 2014.
10. Khyber Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Act 2014.
11. Khyber Pakhtunkhwa Protection of Communal Properties of Minorities Act 2014.
12. Khyber Pakhtunkhwa Prohibition of Employment of Children Act 2015.
13. Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act 2015.
14. Khyber Pakhtunkhwa Commission on the Status of Women Act 2016.
15. Khyber Pakthunkhwa Harassment of Women at workplace (amendment) Act, 2017.
16. Khyber Pakhtunkhwa Compulsory Education Act 2017.

The establishment of the Khyber Pakhtunkhwa Human Rights Directorate under the Khyber
Pakhtunkhwa Promotion, Protection and Enforcement of Human Rights Act, 2014 is a signi cant
step in main-streaming human rights protection in the Province. The Act makes it clear that the
Directorate's primary responsibility is to monitor the Human Rights situation in the province. It
has the mandate to take action against human rights violations. The Directorate also represents
the Provincial position on human rights at International fora in collaboration with the federal
ministry of Foreign Affairs through proper channels. The Directorate is mandated to take
initiatives for the harmonization of legislation, regulation and practices with international
human rights standards and National laws.

Further to legal review and stakeholder consultations with Government Depart-ments the Draft
policy was uploaded on the websites of the Law, Parliamentary Affairs and Human Rights
Department and the Directorate of Human Rights Khyber Pakhtunkhwa. Adequate time was
provided to the public for feedback which was duly incorporated in this policy before it was
approved by Provincial Government of Khyber Pakhtunkhwa.

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 3 Preamble

W HEREAS, the Government of Pakistan recognizes the inherent dignity and the
inalienable rights of all individuals within its jurisdiction, in light of the Constitution of
Islamic Republic of Pakistan, where the fundamental rights have been safeguarded
and guaranteed as speci ed under Articles 8-28;

AND WHEREAS the Principles of Policy under Articles 29- 40 lays down the guidelines which not
only spell out the responsibility of each organ and authority of State, but also of each person,
who is performing functions on behalf of an organ or authority of State, to act in accordance with
these principles;

AND WHEREAS, the State has given due priority to human rights observance in its Vision 2025 by
focusing on ending discrimination faced by vulnerable segments of the society that includes
Women, Children, Religious Minorities, Senior Citizens, Transgender Persons and Persons with
Disabilities;

AND WHEREAS, in furtherance of Pakistan's National Action Plan on Human Rights and its
international commitments, the Government of Khyber Pakhtunkhwa is committed to improve
the state of human rights in the Province;

AND WHEREAS, the Province of Khyber Pakhtunkhwa appreciates the need for a human rights
policy framework that incorporates the speci c needs, history and challenges faced by the
Province;

AND WHEREAS, in order to formulate this policy, the Provincial Government through the Law,
Parliamentary Affairs and Human Rights Department has held extensive consultations with
relevant Government institutions and concerned civil society organizations;

AND WHEREAS, the Provincial Government undertakes here, as it does in all areas in this policy,
to encourage and develop mechan-isms to engage all local government institutions, elected
representatives, and all relevant Government Departments, authorities, institutions and
autonomous bodies in order to protect, promote and enforce human rights; and

NOW, THEREFORE, the Government of Khyber Pakhtunkhwa is pleased to make this Human
Rights Policy which shall be a common standard for all individuals in the Province and is
designed to promote, protect, respect and implement human rights.

TITLE;
This Policy may be called the Khyber Pakhtunkhwa Human Rights Policy, 2018.

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 4 Civil and Political Rights

C ivil and political rights include, but are not limited to, the individual's right to life and
liberty, the right to a free and fair trial; freedom of expression and association, right to due
process of law and the right to information. Pakistan is a signatory to multiple treaties
such as the ICCPR; UNCAT, ; and the ICESCR. In addition to rati cation of the above, Pakistan has
sought to re ect commitment to the same in the country's constitution, establishing guidelines
which not only set out the responsibilities of each State organ and authority, but also of persons
who perform these functions on behalf of the State.

The Provincial Government has taken concrete steps to address these rights including
establishing local government institutions, statutory commissions for transparent governance,
and undertaking criminal justice reforms.
The Provincial Government encourages all relevant government departments to adopt
necessary measures to promote under-standing, respect and protection of the civil and political
rights of all individuals. It seeks to strengthen existing local govern-ment institutions mandated
to promote and protect civil and political rights in order to craft a governance paradigm that is
sensitive to the rights of all individuals without discrimination.

It is widely acknowledged that the exercise of civil and political rights is intricately linked to an
effective rights-respecting criminal justice system. The Provincial Government undertakes to
strengthen and reform the critical pillars of the criminal justice system that are essential for the
realization of the rights discussed above.

Recommendations

In furtherance of the above objective, and in order to ensure the rights-responsiveness of the
criminal justice system, this policy recommends:

Police
i) An enhancement of budgetary resources to increase investigative capacity.
ii) Human rights training shall be made part of the police training curriculum. These trainings
shall focus on Pakistan's international human rights commit-ments and will be aligned with
international best practices.
iii) The government of Khyber Pakhtun-khwa shall adopt legislation which shall address the
issue of torture and custodial deaths.

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iv) The provincial government shall develop institutional enforcement and monitoring
mechanisms in light of the UN Convention against Torture in the legal and administrative
system of the province.

Prosecution
The prosecution department, in addition to its other legal functions, is mandated to assist,
supervise and guide the police department in the investigation process subsequent to the
lodging of First Information Reports (FIRs). However, the department lacks the capacity to
perform this role as required. Therefore, in order to strengthen the role, capacity and functioning
of the department, this policy recommends:

i. The provision of office space for the Prosecution department in every district of the
province.
ii. The establishment of a legal and digital resource center and library.
iii. In line with international best practices, the development and institutional-ization of Joint
trainings for members of the prosecution department, police and trial court judiciary to
raise collective awareness on the role of human rights safeguards in the criminal justice
system.

Right to Information
The right to information is a basic human right recognized under Article 19 of the International
Covenant on Civil and Political Rights (ICCPR). Pakistan is also a member to the United Nations
Convention Against Corruption, which binds State Parties to take multipronged action to
eradicate corruption. The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) contains speci c provisions requiring State Parties to institute measures for
enabling women's participation in public decision-making. This can be possible only if there is
transparency and a right to seek and obtain information about such processes. The UN
Convention on the Rights of the Child (CRC) also contains speci c provisions requiring State
Parties to guarantee children's access to information from public bodies.

With the enactment of the eighteenth Constitution (Amendment) Act, 2010, Article 19-A has
been incorporated in the Constitution of Pakistan, which provides that every citizen shall have
the right to have access to information in all matters of public importance subject to regulation
and reasonable restrictions imposed by law. Therefore the Provincial Government has enacted
Khyber Pakhtunkhwa Right to Information Act 2013.

In light of the above, this policy recommends:

i. Eradication of the culture of secrecy in Government Departments.

ii. Training for public information officers, designated at the level of each Provincial
department in order to enable them discharge their duties under the Act.

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 5 Women

A rticle 25 of the Constitution of Islamic Republic of Pakistan, while guaranteeing gender

equality, empowers the State to make special provision for the protection of women. This
includes protection of the right to life, liberty, economic empowerment, and education.

The Government of Pakistan has rati ed various international human rights instruments,
committed to securing equal rights for women including, the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) and International Labor Organization (ILO)
Conventions No. C-100 (Equal Remuneration Convention) and C-111 Discrimination
(Employment and Occupation. CEDAW obliges member States, to eliminate all forms of
discrimination against women and bring de-jure and de-facto equality between men and
women. It also obliges States to take all legislative, administrative and other measure to ensure
women's participation in economic, political and national life. In addition to CEDAW, ILO
Convention No. 100 and No. 111 provide for equality of opportunity and treatment in all
employment related matters including remuneration.

Pakistan has, both at the Federal and Provincial levels, taken steps by enacting legislation to
protect women against sexual harassment, forced marriages, denial of inheritance, acid attacks
and 'honor' killings. In addition to relevant federal laws, the Federal Government has also
established the National Commission on the Status of Women under the National Commission
on the Status of Women Act 2012 to monitor and facilitate implementation of laws for the
protection of women.

In addition, the Provincial Government has enacted signi cant complementary legislation
covering situations ranging from securing the right to inheritance to the elimination of the
custom of Ghag to protective legislation against harassment in the workplace. Further, the
Khyber Pakhtunkhwa Harassment of Women in the Workplace (Amendment) Act, 2017 requires
the appointment of a woman as the provincial Women's Ombudsperson for the purpose of
disposing of complaints of working women against harassment in their respective places of
employment. The Government of Khyber Pakhtunkhwa has also established a Commission on
the Status of Women under the Khyber Pakhtunkhwa Commission on the Status of Women Act
(2016). Moreover, a provincial Women's Empowerment Policy has been launched in 2015 in
pursuance of the province's commitment to gender equality.

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Recommendations

The Government of the Khyber Pakhtunkhwa is committed to further improve the situation of
women's rights. In light of the above, this policy recommends:

I. Rigorous implementation of existing protective legislation and an exami-nation of the

need for further gender speci c criminal and civil laws.
ii. The production and dissemination of awareness raising materials on women's rights issues
in order to sensitize State and citizenry on women's rights.
iii. The provision of training, assistance and enhanced capacity-building and oversight
mechanisms to existing state institutions catering to women's empowerment and
representation.
iv. The enactment of legislation declaring Domestic Violence an offence.
v. Awareness-raising within and main-streaming of gender concerns and gender-speci c
laws in local government institutions.
vi. Provision of shelter, rescue, medical, psychological and legal facilities at all Government-
run Women Protection Centers.
vii. Trainings for all relevant government officials incorporating steps to ensure the
enforcement of women rights.
viii. enhancement of forensic science facilities to aid in the investigation of offences, relating to
sexual violence.
ix. Training of investigation officers, prosecutors and trial court judges with a view to
improving the process of investigation and evidence gathering in cases relating to sexual
offences.
x. provision of outreach programmes and initiatives highlighting the bene ts of primary,
secondary and higher education for girls and women. Speci cally, these outreach
initiatives shall be aimed at parents to encourage their daughters to attend schools.
Incentives shall be provided to parents, especially in rural areas, to encourage them to
educate their daughters.
xi. Gender perspectives and priorities shall be incorporated in school curriculum and teachers
shall be trained at the primary, secondary and higher level in gender issues.
xii. The Provincial Government shall take measures to implement and monitor the policy of
minimum and equal wages xed by the Provincial Government and take proactive
measures to make women in the work place fully aware of their rights, duties and
obligations so as to better empower them.

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 6 Children

P akistan has signed and rati ed a number of international treaties and conventions such as
the United Nations Convention on the Rights of the Child (CRC) along with its Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography and the
International Labour Organization's Convention on the worst forms of Labour, Minimum Age
Convention and Forced Labour Convention. Pakistan has also protected children by enacting
criminal law amendments that seek to criminalize acts of violence and abuse against children.
This includes cruelty towards children under section. 328-A of Pakistan Penal Code; kidnapping
or abducting a minor under the age of fourteen years under section. 364-A of Pakistan Penal
Code; kidnapping or abducting in order to subject person to unnatural lust under section. 367-A
of Pakistan Penal Code; trafficking of human beings under section. 369-A of Pakistan Penal Code;
sexual abuse under section 377-A of Pakistan Penal Code; exposure to seduction of a child under
section. 292-A of Pakistan Penal Code and child pornography under section. 292-B of Pakistan
Penal Code.

In addition, the Government of the Khyber Pakhtunkhwa has established an autonomous Child
Protection and Welfare Commission through the Khyber Pakhtunkhwa Child Protection and
Welfare Act, 2010. Similarly, to regulate the detention of juvenile offenders, the Khyber
Pakhtunkhwa Borstal Institution Act, 2012, has been enacted by the Provincial Government. The
Act requires the convicted juvenile to be housed in the Borstal institutions to be established
under the said Act. Further, probation laws of the Province provide an opportunity to the
underage convict to reform and earn a probation concession. The laws also require that,
juveniles and children to be kept separate from hardened criminals. Furthermore, The Khyber
Pakhtunkhwa Prohibition of Employment of Children Act, 2015, has also been enacted to
prohibit child labor within the province.

Recommendations
In pursuance of its aim to protect and promote the rights of children this policy recommends:

i. That the process of child registration shall be made mandatory and the provincial
government shall develop incentive schemes to encourage registration.
ii. Awareness-raising campaigns shall be conducted targeting parents regarding the bene ts
of registration which include education, health and housing.
iii. NADRA along with the Local Government Department shall be encouraged to play a role in
easing the process of registration.

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iv. The Province shall take necessary steps against child labor and develop outreach
programmes aimed at parents spreading awareness of the disadvan-tages of children
involved in the work force.
v. The Provincial Government shall formulate rules as required under the Khyber
Pakhtunkhwa Borstal Institutions Act, 2012, to ensure the effectiveness and efficacy of the
Act.
vi. In light of Article 25-A of the Consti-tution every child from the age of 5 to 16 years has a
right to free and compulsory education and the Provincial Govern-ment has enacted the
Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act, 2017, to
ensure free education of children within the Province. The Provincial Govern-ment should
ensure effective and meaningful implementation of the said provisions.
vii. In order to raise awareness of child protection issues, the Provincial Government shall
adopt measures which shall include producing and disseminating informational materials
explaining best practices regarding the rights of children.
viii. Existing local government institutions mandated with the promotion and protection of
child rights shall be provided with assistance such as training and capacity-building.
ix. The Provincial Government shall ensure that the rights of the child are factored in all of its
relevant policy-making activities.
x. The Provincial Government shall ensure the implementation of anti-corporal punishment
laws in the province. This shall include but not be limited to trainings for teachers and
parents on the subject.
The Provincial Government shall establish mechanisms for regular parent-teacher meetings to
ensure the end of corporal punishment and to further the welfare of children.

7 Transgender Persons

T he Yogyakarta principles are premised on the belief that all human rights are universal,
interdependent, indivisible and interrelated. To this extent, gender identity is integral to
every person's dignity and humanity and must not be the basis for discrimination or abuse.
For the sake of clarity, gender identity, as de ned under the principles, refers to “…each person's
deeply felt internal and individual experience of gender, which may or may not correspond with
the sex assigned at birth, including the personal sense of the body…”.

The transgender community in Pakistan is recognized as a distinct but vulnerable segment of

society and the State at all levels.

The Government of Khyber Pakhtunkhwa is the rst provincial government to have noti ed a
special committee on the rights of transgender persons. This committee includes transgender
activists and is mandated with the protection of the rights of transgender persons.

Moreover, the Provincial Government has approved a budget for the uplift and empowerment of
transgender persons in the Province. A concrete policy on the rights of transgender persons that

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aims to end social stigma and discrimination and at creating equal economic and education
opportunities for transgender persons is under process at the level of Provincial Government.
The policy focuses on their right to self-identify and to provide transgender persons with equal
rights and protection under the law. For the sake of clarity, speci c de nitions are provided
below.

Transgender: People whose gender identity differs from the sex they were assigned at birth.

Transwoman: A woman who was assigned a male gender at birth which is inconsistent with her
sense of self as she identi es as a woman and may have taken steps to transition into becoming a
woman.

Transman: A man who was assigned a female gender at birth which is inconsistent with his
sense of self as he identi es as a male and may have taken steps to transition into becoming a
man.

Intersex: People born with a mix of male and female biological traits which makes it difficult to
assign them a gender at birth.

Recommendations
The government of Khyber Pakhtunkhwa is dedicated to safeguarding the rights of all
transgender persons throughout the Province. Therefore, this policy recommends:

i. That appropriate steps shall be taken in order to safeguard the rights and welfare of
transgender persons.
ii. Awareness-raising, both within government and the broader citizenry, shall be conducted
with respect to the identity and rights of transgender persons.
iii. As appropriate, government departments shall produce and disseminate information that
enables protection and promotion of the rights of transgender persons.
iv. Local government institutions shall institute education and vocational skill-development
schemes for transgender persons.
v. Sensitization programs shall be instituted at the local community-level to combat social
prejudice and discrimination against transgender persons.
vi. The Yogyakarta Principles shall be incorporated in government policies concerning
transgender persons.

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vii. The provincial government shall speedily enact necessary legislation for the protection,
promotion and enforcement of the rights of transgender persons.
viii. A reliable registration mechanism shall be developed for transgender persons to aid in the
provision of protection, social services and budgetary allocations by the Provincial Govern-
ment.
ix. Training shall be provided to Govern-ment officials including police on issues concerning
transgender persons.
x. That outreach programs shall be institu-ted to sensitize parents regarding transgender
children with a view of creating a stable and accepting home environment.

8 Minorities

T he Constitution of Pakistan guarantees the equality of all citizens, including the rights of
minorities as speci ed in Article 36 which provides that the State shall safeguard the
legitimate rights and interests of minorities, including their due representation in the
Federal and Provincial services respectively. Following the Eighteenth Constitution
(Amendment) Act, 2010, a Ministry of Interfaith Harmony has been established at the Federal
level which has been merged and renamed as Ministry of Religious Affairs and Interfaith
Harmony. This Ministry has been mandated with the task of developing policy and legislation
with regard to interfaith harmony to promote interfaith dialogue, peace and mitigate the issues
between majority and minority communities.

The issues, relating to religious minorities, are largely looked into by the Auqaf, Religious and
Minority Affairs Department in Khyber Pakhtunkhwa province. Keeping in view the issues and
exploitation, experienced by religious minorities, the Provincial Government has enacted the
Khyber Pakhtunkhwa Protection of Communal Properties of Minorities Act, 2014 which,
stipulates the constitution of the Khyber Pakhtunkhwa Commission for Minority Affairs and
restricts sale and transfer of minority community properties. Further, the Provincial Government
has also constituted a committee, at the level of each district, known as District Interfaith
Harmony Committee to create inter-faith harmony amongst all religious schools of thought
within the Province. The Provincial Government by recognizing the status and identity of the
minorities, has also taken steps to ensure their political participation and has reserved a quota
for minorities in the Provincial Assembly.

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Recommendations

Safeguarding the rights of minorities is a crosscutting issue as it requires the involvement of

various departments in order to implement an effective rights regime. In order to take steps to
ensure a minority-friendly province, this policy recommends:

i. Production and dissemination of information which shall enable state and citizenry to
better understand the needs and rights of minorities.
ii. Strengthening of local government institutions - whose mandate is to protect and promote
the rights of minorities - by providing them with relevant training and increasing their
capacity.
iii. Provision of mechanisms and camp-aigns for the purpose of promoting interfaith harmony
and religious tolerance within the Province.
iv. Provision of trainings for government officials to cater to the speci c needs and provide
solutions to challenges faced by minorities.
v. Proactive measures to protect minority places of worship and to ensure the maintenance
and upkeep of sites which have historical, cultural and religious signi cance to minorities.
vi. Develop a curriculum which shall promote religious and social tolerance for minority
groups.
vii. Enhanced budgetary allocation at all tiers of government for the introduction of income-
generating schemes for minorities.
viii. Encourage cultural expression of minorities by launching government campaigns
advocating minority rights.
ix. Conduct training, sensitization and awareness programmes for law enforcement and
investigative agencies with respect to the rights of minorities to ensure that the law is not
applied in a discriminatory manner or used to cause them harm.
x. Take proactive measures to ensure that the reserved government quotas for minorities are
availed by the latter to the fullest extent and that minorities are able to discharge their
professional duties without fear of discrimination or abuse.
xi. That the Grant-in-aid budget shall be increased so that minorities may receive money from
the provincial government. It is essential that the distribution of the aid is conducted with
transparency and that income generating schemes be initiated throughout the province.
These schemes shall be initiated in districts with large minority communities and local
government officials shall be empowered to process applications for the same. Strict
compliance guidelines shall be established to ensure adequate utilization of funds.

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 9 Senior Citizens

A geing is accompanied by speci c socio-economic and cultural challenges. State

obligations towards senior citizens including the right to protect and provide them with
care and protection is re ected in sundry international instruments, including the
Universal Declaration of Human Rights (UDHR), the International Covenant on Civil Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Further, respect and care for elders and senior citizens is part of Pakistan's cultural fabric and
Khyber Pakhtunkhwa is no exception. Moreover, Pakistan is also signatory to the Madrid Plan of
Action on Ageing (2002) which stipulates the State's responsibility for providing welfare to the
elderly. While recognizing the rights of senior citizens, the Government of Pakistan has initiated
various schemes for ageing population such as Employees Old-Age Bene ts under the umbrella
of Employees Old Age Bene t Institution (EOBI). Accordingly, the Government of Khyber
Pakhtunkhwa has also enacted the Khyber Pakhtunkhwa Senior Citizens Act, 2014, through
which senior citizens of the province are provided with certain privileges and protections.

Recommendations
This policy recommends:
i. That the nancial support given to the senior citizen shall not be less than fty percent of
the minimum wage as speci ed by the Minimum Wages Board constituted under The
Khyber Pakhtun-khwa Minimum Wages Act, 2013.
ii. That the Senior Citizen Council under the said Act shall be established in all Districts of the
Province.
iii. That the Provincial Government shall take necessary steps to utilize data provided by the
National Database Registration Authority (NADRA) for the bene t of senior citizens.
I. That existing local government insti-tutions shall be trained and sensitized on the rights of
senior citizens.
ii. That the provincial Senior Citizens Act shall be implemented in letter and spirit.

10 Persons with Disabilities

T he rights of persons with disabilities are recognized under the International Labour
Organization Convention on Vocational Rehabilitation and Employment of Disabled
Persons and the United Nations Convention on the Rights of Persons with Disabilities, and
the Constitution of Islamic Republic of Pakistan, under Clause (d) of Article 38 guarantees the
protection of rights of those who are permanently or temporarily unable to earn livelihood on
account of in rmity and sickness. The Government of Pakistan has also enacted a special law,
titled, the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, wherein, the
rights of in rm, sick and disabled persons are protected.

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Recommendations
Even though the government of Khyber Pakhtunkhwa has taken multiple steps to ensure the
wellbeing and rights of disabled persons, it recognizes the need for further action.

This Policy recommends:

i. That all public buildings shall be equipped with access and facilities for disabled persons.
ii. That information shall be developed and disseminated to enable people to understand,
respect and adhere to best practices regarding people with disabilities.
iii. That skills development and capacity-enhancement schemes shall be introduced at the
local level.
iv. That comprehensive protective legislation for persons with disabilities shall be enacted.

11 Human Rights Defenders

T hose, who promote and protect human rights, are considered Human Rights Defenders as
enunciated by the United Nations Office of the High Commissioner for Human Rights. The
Human Rights Defenders have always been a vulnerable group in society, since, their
rights as common citizens are protected under various laws. However, there are no speci c laws
enacted for the protection of Human Rights Defenders.

Recommendations

This Policy Recommends:

i. That the Provincial Government shall enact speci c legislation to provide protection to
Human Rights Defenders.
ii. That the Provincial Government shall take steps to engage in dialogue and consultations
with Human Rights Defenders across the province to recognize their needs and provide
support to their work.

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