The Role of the National Commission for Human Rights (NCHR) in Pakistan: A Critical Analysis of its Mandate, Performance, and Challenges

Abstract

This article takes a critical look at the institutional performance of the National Commission for Human Rights of Pakistan in the backdrop of its normative framework as per the Paris Principles and complex nature of the human rights scenario in the country. The Commission was constituted under the NCHR Act 2012, in accordance with Pakistan's international commitments, and was given a strong legislative mandate with suo motu powers, civil court powers and powers to inspect detention centres. This research has used a qualitative single-case study based on extensive document analysis of primary and secondary sources to compare the Commission's formal legal structure with its de facto results on thematic issues such as enforced disappearances, minority rights, gender-based violence and freedom of expression. The results show that there is a huge gap in implementation, a paradox of a Paris Principles compliant statutory mandate and limited institutional capacity. The analysis yields three systemic impediments that are interconnected. First, the sovereignty-surveillance nexus renders the security apparatus beyond the Commission's means of accountability, and intelligence agencies repeatedly defy summoning and disregard any conclusions drawn from investigation reports, a clear sign of the Commission's powerlessness in the face of the “deep state”. Second, politicization of appointment systems, and chronic resource depletion, operate on a systematic level, with the deterioration of operational capacity and the need for political loyalty being placed ahead of human rights competencies and the lack of critical staffing levels, effectively making comprehensive complaint investigation impractical. Third, the lack of compliance by provincial governments and police departments and the low levels of awareness of the Commission by the public outside urban areas also create a sense of the Commission as a toothless tiger that is not able to provide tangible justice. Although the NCHR has succeeded in having an incremental discursive effect through its inquiry reports and advisory recommendations as these shape the civil society's advocacy and foreign observation, its transformative effect is rather restricted by structural limitations that need to be corrected legislatively, such as the inclusion of order provisions and the constitutionally guaranteed financial autonomy, as well as the appointment of members on a merit basis based on transparency in the selection process. This study is a part of the wider comparative literature on the role of National Human Rights Institutions in hybrid regimes, as it shows that formal institutional elements, even if they are in line with international standards, are not enough in absence of political will to limit powerful actors within the state.

Keywords: National Commission For Human Rights, Pakistan, Paris Principles, Enforced Disappearances, Institutional Effectiveness, Human Rights Accountability