ISLAMABAD: The National Commission on Human Rights (NCHR) on Thursday suggested changes in the draft bill on the Protection of Persons against Enforced Disappearances.

NCHR member Chaudhry Mohammad Shafique, while chairing a focused group discussion on the draft bill, said that the government should immediately sign and ratify the International Convention on the Protection of Persons from All Forms of Enforced Disappearances.

He said it was a long-standing demand of human rights groups to make enforced disappearances a distinct crime.

Government urged to ratify convention on the protection of persons from all forms of enforced disappearances

The objective of discussion was to identify the gaps in the draft bill and suggest a comprehensive law for protection against enforced disappearances. The experts from the ministries of interior and law and justice and civil society and senior lawyers attended the discussion.

Nasreen Azhar from the Human Rights Commission of Pakistan, legal consultant Sharafat A. Chaudhry, Ms Manahil from the Research Society of International Law and others were also present on the occasion.

According to a statement issued by the NCHR, various provisions of the draft law were deliberated in detail and issues like trial of the perpetrators, punishment, compensation and rehabilitation of victims and establishment of a tribunal and its functions came under discussion. Moreover, it was also discussed whether there was a need for a separate stand-alone law on the issue of enforced disappearances or it could be dealt by simply amending the Pakistan Penal Code.

Mr Shafique informed the participants that the draft bill was under consideration of the Senate committee on human rights and the NCHR would submit its recommendations and suggestions to the committee. He said the international obligations of Pakistan demanded for the criminalisation of the acts of enforced disappearances.

NCHR member from Balochistan Fazila Aliani said that the issue had emerged as the most alarming challenge for the government in Balochistan where almost every day such incidents were reported.

“There is a dire need of strong and effective legal framework to bring the perpetrators of this crime to justice,” she said.

The alleged involvement of the establishment in enforced disappearances also came under discussion and the major demand of the group was that such cases should also be tried under this law and should not go to the military courts.

Moreover, while discussing the procedure/implementation of the law, it was agreed upon that police should be the first point of contact if someone was disappeared and the tribunal or the commission should be equipped with the powers of independent inquiry and investigation.

Published in Dawn, December 28th, 2018