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Expression of Interest

Facilitation in the establishment of National Commission on Human Rights

Introduction:

The Constitution of Islamic Republic of Pakistan proclaims that all citizens are equal. Yet, it seems that this principle does not apply to minority religious communities that are frequently subjected to discriminatory practices and find it hard to secure their rights or get easy access to justice.

In theory, religious minorities are protected by a number of Constitutional provisions. However, their implementation has always been an issue and, with the rise of violent extremism, it is becoming more challenging to put these laws into practice.

Pakistan has enacted a number of laws to safeguard the rights of minority religious communities. However, their content and implementation has gaping holes that urgently needs to be acknowledged and addressed. To this end, the Pakistan Religious Freedom Initiative: Leaders of Influence (PRFI-LOI) – being implemented by The Asia Foundation (TAF) with the generous support of Department of Foreign Affairs, Trade and Development (DFATD) – will not only aim to recognize and promote religious diversity in the country but also strive to create greater social and political awareness about challenges to minority religious freedom in Pakistan.

                           

Objectives of the Consultancy:

Pakistan is legally bound by various human rights conventions to protect non-religious minorities and other vulnerable segments of society. To this end, a bill for the establishment of the National Commission for Human Rights (NCHR) was passed by the national parliament in November 2012.

As the situation stands, the ruling Pakistan Muslim League-Nawaz (PML-N) party and the main opposition faction, Pakistan People’s Party (PPP), have finalized the names of Commission members through mutual consultation. However, a tedious process is likely to follow, involving the creation of consensus among opposition leaders over the names of Commission members.

TAF seeks to facilitate this process and provide technical support towards the finalization of the frameworks/bi-laws/mandate of the National Commission on Human Rights. This will involve extensive engagement with relevant actors (government, political and civil society) involved at various stages and work towards consensus building and furnishing of recommendations. This will be followed by lobbying for their endorsement/adoption in the NCHR frameworks.

 

The main areas to be addressed under this consultancy are:  

  1. 1.      Lobbying:

While the government has taken steps to set up the body, the process is slow and requires impetus from civil society groups, media and rights activists. To speed up the process of the establishment of NCHR, the consultant will be expected to involve stakeholders from civil society and highlight the demand for NCHR. The consultant will also engage key stakeholders such as officials from different line departments and key actors from government ministries to facilitate the establishment of the Commission. This will involve holding meetings with relevant government officials, parliamentary committee for the establishment of NCHR, Standing Committee for Human Rights, Ministry of Law, Justice and Human Rights along with relevant government and political party representatives to lobby in favor of NCHR. 

 

  1. 2.      Consensus building on recommendations for NCHR frameworks:

With TAF’s support, the consultant will lead a series of consultative sessions and demand for the establishment of the NCHR. There will be at least four quarterly consultative sessions and one national event. This process is expected to feed into the recommendations for the framework for the NCHR mandate/bi-laws. In addition, through this process the consultant will be expected to create ownership within the relevant government level stakeholders towards adoption/endorsement of the recommendations coming out of the consultative process.  The consultant will be expected to ensure incorporation of international good practices while drafting the recommendations for NCHR framework.  

 

  1. 3.      Technical Support towards Constitution of NCHR:

The NCHR is envisioned as a robust and powerful body with the due authority and powers of holding investigations and trials. While, the structural details of the Commission have been finalized in the NCHR Act, the consultant will be expected to provide technical assistance towards the finalization of mandate/bi-laws and practical steps needed to set up the NCHR.

 

Tasks to be undertaken:

The consultant with the knowledge of human rights commissions in the region will be expected to undertake the following specific deliverables:

  • Lobby with the related government representatives including parliamentary committee for  appointment of NCHR Chairperson; MoLJHR; NCSW, Senate Standing Committees on National Harmony and Law, Justice & Human Rights; Ministry of Religious Affairs along with relevant Human Rights Cells of major political parties;
    • Provide technical assistance and hold consultations with  key government and civil society representatives to identify hurdles/gaps in the framework, and formulate recommendations
    • To undertake meetings with the concerned government and opposition leaders towards adoption of proposed recommendations  

 

Deliverables:

  • Lobbying with stakeholders towards the establishment of NCHR;
  • Lead consultative sessions and the finalize report specifically outlining recommendations for NCHR frameworks/bi-laws/mandate;
  • Technical Assistance towards finalization of NCHR mandate and bi-laws.

 

Consultancy duration:

45 days spread across 5 months

 

To Apply:

The Asia Foundation is inviting Expression of Interest in hard copy for the aforementioned consultancy. The application should be sent in a sealed envelope with two inner sealed envelopes.

The EOI should clearly outline the following:

  • Plan/strategy for the establishment of NCHR
    • Issues and hurdles that may hamper the establishment process of NCHR
    • Detailed résumé  highlighting similar past experience
    • Writing sample of similar work done previously  

 

Who can apply?

  1. Individual Consultant/firm with expert knowledge of Pakistan’s Human Rights Obligations & Commitments, International Covenants and best practices.
  2. Expert knowledge and understanding of frameworks and bi-laws
  3. Knowledge and insight of government departments, ministries and parliamentary committees
  4. Proven track record of relevant experience of similar work.
  5. Excellent interpersonal, communication and report writing skills
  6. Possess in-depth understanding and knowledge of human rights/Religious minorities issues
  7. Good understanding of the government procedures
  8. Decent links with government departments, political party leaders and parliamentarians will be an added advantage
  9. Ability to deliver quality work on time