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BRIEF ON KHYBER PAKHTUNKHWA

ACTION PLAN FOR HUMAN RIGHTS

INTRODUCTION
The Government of Khyber Pakhtunkhwa has present edits very first Action Plan for Human
Rights, in compliance with the ‘National Action Plan for Human Rights’ introduced by the
(Federal) Government of Pakistan in February2016.

The Government of Pakistan attaches high priority to achieve respect for people’s legitimate
rights and fundamental freedom, enshrined in Constitution of Pakistan 1973, religious those and
the country’s international human rights commitments.

Following the pledge made under ‘Khyber Pakhtunkhwa Human Rights Policy 2018’ to ensure
protection, promotion and enforcement of human rights within the provincial jurisdiction, the
Law, Parliamentary Affairs and Human Rights Department, Khyber Pakhtunkhwa has led the
process of action planning. As a first step, a stakeholders’ consultation was organized to take
stock of provincial human rights situation a n d t o s e e k the inputs for action planning. The
Action Plan has been developed based on the recommendations of the stakeholders, and revised to
bring in conformity with ‘National Action Plan for Human Rights’, ‘Khyber Pakhtunkhwa
Human Rights Policy’s as well as the country’s international human rights commitments.

The Action Plan consists of the following five (5) thematic areas and seventeen (17) outcomes,
in the form of matrix providing description of thematic areas, outcomes, actions, responsible
agency/department and timeline;

STRUCTURE

1. Policy and legislative arrangements


2. Institutional interventions
3. International/UN Treaty implementation
4. Implementation of key human rights priorities
5. Cross-cutting interventions

IMPLEMENTATIONANDMONITORING
The Government of Khyber Pakhtunkhwa, having generalization of the importance of human
rights, believes that implementation on the action plan and to achieve desired the degree of
respect to human rights is possible through active engagement of all the stakeholders.
Following key steps are proposed to ensure effective implementation and monitoring of the
action plan.

A. The standing committee of provincial assembly on Law, Parliamentary Affairs and Human
Rights department of Khyber Pakhtunkhwa and other relevant provincial democratic
structures are expected to provide political support and carry out broad over sight of the
implementation process.

B. The Law, Parliamentary Affairs and Human Rights Department, Khyber Pakhtunkhwa will
make arrangements to ensure active coordination between provincial human rights
stakeholders as well as federal relevant structure streamline provincial human rights reforms
in accordance with the country’s domestic and international commitments.

C. The Khyber Pakhtunkhwa Task Force on Human Rights will carry out over all monitoring
on the implementation of action plan at outcome level.
D. The Khyber Pakhtunkhwa Treaty Implementation Cell will collect data and information,
develop compliance reports and will share with relevant federal/provincial stakeholders.

E. Relevant provincial ministries and departments, in close coordination with Law


Parliamentary Affairs and Human Rights Department, Khyber Pakhtunkhwa will ensure
implementation on actions proposed under the plan.
Review and Improvement
Given the fact that Pakistan is a developing country where democratic and human rights
regimes are undergoing transition phase, hence it requires review and improvements at policy
design, delivery and oversight levels. The government of Khyber Pakhtunkhwa therefore
adopted a realistic approach to outline this action plan, it will be reviewed and improved in a
more professional way in years to come.
A detailed outline of the action plan is as follows.

Thematic Area:1 Policy and Legislative Arrangements for the Promotion and
Protection of Human Rights in Khyber Pakhtunkhwa
Outcome-1.1: Human Rights Policy Reforms
Activity/Action by /Time line
Updated status
I. Legislative and institutional arrangements to implement the Khyber Pakhtunkhwa Human
Rights Policy
a. Inclusion of required actions in the strategic plan and annual work plan of the assembly
Action by:
• Law, Parliamentary Affairs and Human Right Deptt
• Directorate General of Law and Human Rights

Timeline: Continued
Law Department:
The Government of Khyber Pakhtunkhwa has successfully legislated Promotion,
Protection and Enforcement of Human Rights Act, 2014) followed by Human Right Policy,
2018, which covers most of human rights enshrined in the Constitution of Pakistan, 1973.
Moreover the Policy covers fundamental rights of citizens, especially the rights of vulnerable
groups such as women, children, minorities, transgender, and senior citizens. In addition the
Policy suggests measures and recommendations for its effective implementation. For the said
purpose a separate Directorate was established in the year 2019. The Directorate has the mandate
to ensure enforcement of human rights as well Redressal of complaints regarding human rights
violations. In order to ensure enforcement of Human Rights regime and framework at the District
level the Government of Khyber Pakhtunkhwa has notified District Human Rights Committees
through Law Department at each District and they have started working within the given
mandate. Instructions/guidelines have been issued to all Deputy Commissioners to
promote/protect human rights at gross-root level. A Comprehensive Human Rights Action Plan
for different Provincial Government Department has been launched wherein tasks/activities have
been assigned to improve human rights situation.
LEGISLATIVE MEASURES TAKEN BY LAW DEPARTMENT (Annex-)
• Legislative and institutional arrangements to implement Women Empowerment Policy
Action by:
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Khyber Pakhtunkhwa Commission on the Status of Women(KPCSW)
Timeline: Ongoing
Reply of Social Welfare Deptt:
The Khyber Pakhtunkhwa Women Empowerment Policy, 2017 was notified in 2018 for the
protection, welfare and socio-economic and political empowerment of women of Khyber
Pakhtunkhwa.
1. Legislative arrangements:
The following legislative measures have so far been taken in line with the objectives of the
policy:
 The Khyber Pakhtunkhwa Domestic Violence Act, 2021.
 The Khyber Pakhtunkhwa protection of women against harassment at workplace
(amendment) Act, 2018.
 The Khyber Pakhtunkhwa Enforcement of Women’s property rights Act, 2019.
The following two draft bills are in consultation process:
 The draft Khyber Pakhtunkhwa Acid and burn crimes bill.
 The draft child marriages restraint bill
2. Institutional Arrangements:
The following institutional measures have so far been taken in line with the objectives of the
policy:
 Eight Darul Amans are currently working for the protection of woman victims which are
recently established in Chitral, Bannu, and Dir Lower.
 Two working woman hostels at Peshawar and Mardan are functional providing
accommodation facilities to working woman.
 121 industrial training centers are functional all over the province imparting skill training
to women.
 A helpline with the name of Bolo Helpline has been established at the Directorate of
Social Welfare providing information and referral mechanisms to women in need.

II. Legislative and institutional arrangements to implement Khyber Pakhtunkhwa Labour


Policy
Action by:
 Labour Department
Timeline: Continued
Reply of Labour Department:
As a result of 18th Constitutional Amendment, the provinces have been mandated to legislate
and formulate policies on the subject of labour. As a result the Government of Khyber
Pakhtunkhwa promulgated the first ever provincial labour policy i.e. “The Khyber
Pakhtunkhwa Labour Policy 2018”. Through this policy the Government resolves to
demonstrate its commitment to work for the protection of labour and ensuring its dignity through
coordinated efforts and policy integration. This policy intends to guide and support the
Government and the stakeholders in developing strategies, plans, and programmes for the
protection and promotion of the rights and benefits of working community without jeopardizing
the genuine concerns of the employers.
Following is updated status of various initiatives taken against the priorities set in this policy.
1. Occupational Safety and Health (OSH):
 OSH Law:
Provincialized law on OSH is one of the priorities of the provincial Labour Policy. In march,
2022 an exclusive Law on OSH has been approved by the cabinet and soon the same will be
notified.
 Institutional Capacity On the Subject of OSH:
Capacity Building of the industries through provision of technical know-how, enhancing
institutional capacity of Labour Department and effective labour administration and governance
was another priority set by the Government to improve Health and safety situation in the
Province. In this regard Labour Department has approved an ADP Scheme/ project on OSH i.e.
“Establishment of Centre for Occupational Safety and Health (OSH) in Khyber
Pakhtunkhwa’’ of worth 59.289 million with a view to establish a contingent of OSH inspector
to inspect various hazard at workplace and order suggestions for their eradication so that a
healthy working environment is developed.
Updated status of this project is that department has completed the induction process followed
by the procurement of equipment. It is expected that soon field visits will be started.
2. Ensure Payment Of Wages Through Scheduled Banks:
In order to ensure that the all the workers receive minimum wages and to address wage
evasion, under payment, less payment and non-payment of wages, this Department has included
in the Payment of wages Rules, 2018 that all the workers (both male and female) must be paid
wages through a scheduled bank. Extensive inspection campaign has been made in this regard to
make sure that all the employers comply with the law.
3. Framing subsidiary rules of provincialized labour laws
Formulation of rules under the provincialized labour laws is another objective set in the
provincial labour Policy. In this direction first draft rules were formulated under an ADP scheme
called ‘’Review of Policies, Laws and Rules in the wake of 18 th Constitutional Amendment’’.
Updated status of enactment of these rules is that, on 1st February 2022, following rules have
been approved by the Provincial Cabinet and soon the same will be notified.
a) KP Prohibition of Employment of Children Rules, 2021
b) KP Bonded Labour (Abolition) Rules, 2021
c) KP Shops & Establishment Rules, 2021
d) KP Maternity Benefits Rules, 2021 and;
e) KP Home Based Workers (Welfare and Protection) Rules, 2021.
Reinvigoration of labour inspection
It has been mentioned in labour policy to enhance the capacity of existing mechanism through
training, equipment and recruitment of qualified personnel. For training and capacity building
of its inspecting staff, the Department held various awareness raising sessions at regular
interval. They were being trained on all the provincialized laws from time to time. Besides,
there is an ongoing scheme i.e. “Enabled Directorate of Labour for better Service
Delivery” of worth Rs.98 million. Main objective of this ADP scheme is to strengthen various
wings of the Directorate by providing 23 vehicles, 25 motorcycles, 27 computers 12 printers
and also arrange trainings and enhance knowledge base of the inspection staff of the Labour
Department. With the commissioning of above mentioned hardware, capacity of law
implementation of the Directorate would increase many folds. Other than this every year the
department through different ADP scheme tries to induct new staff and bring opportunities for
the existing officials to get trained in order to boost the existing inspection mechanism.
4. Encouraging and promotion of tri-partism from root level to the top.
Meetings of the Provincial tripartite consultation committee (PTCC) are regularly held in labour
Department. In this committee there are representatives of workers, employers and govt. This
Committee was notified in September, 2014, since then meetings are held at regular interval to
discuss various issues of importance.
5. Law On Home Based Workers:
One of the greatest initiatives and priority set in the policy is to bring informal sector
(Includes, Home based Workers, Domestic Workers, Agriculture Workers etc) under the ambit
of labour laws. In this regard, recently a new law i.e. “The Khyber Pakhtunkhwa Home Based
Workers (Welfare and protection) Act, 2021” has been enacted. Previously, home based
workers, did not come under the ambit of labour laws due to which they were deprived of legal
rights. In order to ensure these workers their due rights, the Government of Khyber
Pakhtunkhwa and the labour Department has taken a lead by formulating an exclusive
legislation on HBWs. Beside legislation, rules also named as “KP Home Based Workers
(Welfare and Protection) Rules, 2021” have also been approved by the provincial cabinet and
soon will be notified.
III. Legislative and institutional arrangements to implement the Khyber Pakhtunkhwa Child
Rights Policy
Action by:
 Welfare, Special Edu Women Empowerment Deptt
 Child Protection and Welfare Commission Social
Timeline: Ongoing
IV. Legislative and institutional arrangements to implement the Khyber Pakhtunkhwa Child
Labour Policy
Action by:
 Labour Department
Timeline: Ongoing
Reply of Labour Department:
The Priorities set in the provincial child labour Policy and updated status of achievements made
are as under;
i) Gradual Eradication of Child Labour:

One of the main objectives of the Child Labour Policy is the gradual eradication of child
labour, particularly its worst forms from all the sectors in Khyber Pakhtunkhwa with the
intention to declare KP a child labour free province. In order to achieve this goal, a
comprehensive provincialized law i.e. ‘’The Khyber Pakhtunkhwa Prohibition of
Employment of children Act, 2015’’ is already in place. This law prohibits children under the
age of 18 to be engaged in hazardous work. In this regard Labour Department paid special
attention towards implementation of this law and the inspecting staff showed zero tolerance
toward child labour that was found/detected in any establishment. Due to tireless efforts of this
Department it is safe to say that child labour is completely eliminated from industrial sector
while efforts are being made to gradually eliminate it from commercial establishments as well.
ii) Formulation of Rules Under (KP-PECA,2015)

On first February, 2022 rules i.e. “The Khyber Pakhtunkhwa Prohibition of Employment of
Children Rules, 2021” have been approved by the Cabinet. Soon the same will be notified.
iii) The formation of provincial coordination committee on child labour.
The formation of the provincial coordination committee on child labour is subject to the
formulation of rules under the relevant law i.e. ‘’The Khyber Pakhtunkhwa Prohibition of
Employment of Children Act, 2015’’. Once these rules are finalized and approved, the
department will immediately notify this committee and action will be taken in order to make a
coordinated effort with other stakeholder to eliminate this menace from the province.
It is worthy to mention here that on 31st December, 2021 Home Department issued
Notification of establishment of District Vigilance Committees (DVCs) in each districts in order
to monitor and implement laws related to human trafficking, child labour and bonded labour.
Regular meetings of these committees are held in various districts and for effective
implementation of relevant laws joint inspections have also been conducted.
iv) Accurate and reliable statistics on child labour:
Currently no accurate data is available regarding child labour in the Province. For this very
Purpose after the enactment of the provincialized law on child labour i.e. ‘’The Khyber
Pakhtunkhwa Prohibition of Employment of children Act, 2015’’, the inspecting staff of
labour Department was notified under this law. They were given the powers to inspect and
prosecute those industrial and commercial establishments who are not compliant to this newly
provincialized law. The inspection team regularly inspects various shops and establishments to
ensure implementation of this law and compile data.
Description 2021 JAN-APRIL (2022)

No. of 9186 3774


inspections
Prosecutions 48 163
carried out
Cases decided 43 22
by courts
Fine imposed 109,500/- 69,000
by courts(Rs)

Other than this, in order to have updated and authentic information on the incidence and
prevalence of child labour and its manifestation, labour Department Khyber Pakhtunkhwa is also
conducting a grand survey on child labour in the whole province under an ADP Scheme called ‘’
Strengthening Govt efforts to combat child labour through child labour survey in Khyber
Pakhtunkhwa’’. This evidence based information will facilitate decision makers in the
formulation of cross sectoral policy in support of protecting children in the province from all
forms of economic exploitation. The timeline of completion of data collection is expected to be
December 2022.
v) Education and Awareness of the parents, families and the key stakeholders on the
evil effects of child labour and value of education.
In this regard number of initiatives has been taken. For example, for the very first time, 7
posts of social mobilizers are sanctioned for Unit called “Child & Bonded Labour Unit” in
Directorate of Labour. They would not only conduct inspection but also create awareness among
workers and employers regarding this issue. Rules for these posts have been notified and
recruitment process has also been started by the KP Public Service Commission by advertising
the posts.
Besides, as briefed above, since December, 2022 Labour Department Khyber Pakhtunkhwa has
intensified its efforts to effectively tackle the issues of child labour, bonded labour and
trafficking in persons. In this regard Department has not only intensified inspections of various
areas under its jurisdiction but it is also taking services of its wing i.e. Workers Education Wing
(WEW) to create awareness among workers and employers about evil effects of TIP, child
labour and bonded labour. Since February, 2022 monthly plans are prepared regarding these
awareness sessions. In the month of April, 2022 in Haripur district four (4) awareness sessions
have been held exclusively on child, bonded labour laws and TIP act. In these four (4) sessions
there were 108 participants.
VI. Introduce provincial policy to protect transgender persons (adoption of Yogyakarta
Principles)
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Underway

VII. Introduce provincial policy to protect minority rights


Action by:
 Auqaf, Hajj, Religious and Minority Affairs Department
Timeline: By December 2021
Reply of Auqaf Deptt:
Framing of Provincial Interfaith Policy, 2021 is under process, as and when finalized, the same
will be shared accordingly.
Outcome-1.2: Legislative Reforms

I. Introduce legislation on the following:


a. Torture and Custodial Deaths (Prevention and Punishment)
Action by:
 Home and Tribal Affairs Deptt
Timeline: Immediate
Reply of Home Department:
A private Member Bill i.e Khyber Pakhtunkhwa prevention of torture bill was introduced in the
provincial Assembly and Home Department has endorsed the said bill (Annex…….)

b. Protection of Human Rights Defenders


Action by:
• Law, Parliamentary Affairs and HRs Department
• Directorate General of Law and Human Rights
Timeline: By December 2022

c. Protection of the rights of Transgender Persons


Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Underway
Reply of Social Welfare Department:
 The drafting of a bill for the protection of transgender in Khyber Pakhtunkhwa is in process.
 The drafting of a policy for the protection and welfare of transgender in Khyber
Pakhtunkhwa is in process.
d. Protection of the rights of persons with disabilities
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Underway

e. Protection of the rights of home-based and domestic workers


Action by:
 Labour Department
Timeline: By December2023
Reply of Labour Department:
Home Based Workers (HBWs) refer to the general category of workers, who work in the
informal or unorganized sector carrying out remunerative work within their homes or a place of
their choice. However, the term “Home-Based Work” is very broad. Home based workers do
piecework for an employer who can either be a principal employer or sub-contractor, agent, or a
middle-man. Previously home based workers were not covered under labour laws as this sector
was considered as informal sector and outside the ambit of labour laws. In this sector, mostly
female workers (70% plus) are engaged, who, due to social barriers, do not have direct access to
the main market and are bound to access the same through a middle man or agent and due to this
very reason they are often exploited. These workers do not get proper wages/prices for their
produce. They do not have a legal cover and proper forum to protect their rights. They do not
have access to any social protection scheme offered by the Government and are the most
vulnerable segment of the working community.
In this regard, recently, a new law i.e. “The Khyber Pakhtunkhwa Home Based Workers
(Welfare and protection) Act, 2021” has been enacted with the aim to benefit the HBWs.
similarly, rules also named as “KP Home Based Workers (Welfare and Protection) Rules,
2021” have also been approved by the Provincial Cabinet and soon will be notified.
As far as domestic workers are concerned, they are not covered under the existing Labour laws
due to the fact that it is still considered as an informal sector. The very nature of domestic work
and the cultural and societal norms of this Province make it complicated for the inspecting staff
to visit households and ensure provisions of human rights, OSH and social security of these
workers. However efforts are being made to gradually bring it under the ambit of the labour
laws. The extension of labour laws to informal sector is a gradual process. It has already been
prioritized in the provincial labour policy, 2018 to bring domestic workers into the ambit of
labour laws through initiation of research studies. Once this sector comes under the jurisdiction
of labour laws, efforts will be made to ensure provisions of human rights, labour rights and
occupational safety of domestic workers.

f. Ban/criminalize domestic child labour


Action by:
• Labour Department
• Child Protection and Welfare Commission
Timeline: Immediate

g. Domestic Violence
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Underway

h. Compulsory Immunization
Action by:
 Health Department
Timeline: Immediate

i. Hindu Marriages Registration and Regulation


Action by:
• Auqaf, Hajj, Religious and Minority Affairs Department
Timeline: Immediate
Reply of Auqaf Deptt:
Pertains to Local Govt: Deptt as per Rules of Business, 1985
j. Christian Marriages/Divorce Registration and Regulations
Action by:
• Auqaf, Hajj, Religious and Minority Affairs Department
Timeline: Immediate
Reply of Auqaf Deptt:
Pertains to Local Govt: Deptt as per Rules of Business, 1985
k. Occupational Safety and Health
Action by:
• Labour Department
Timeline: Underway
Reply of Labour Department:

Occupational Safety and Health (OSH):


 OSH Law:
Health and safety is one of the basic rights of the workers. Keeping in view the importance
of OSH, Labour Department has been working to enact a separate legislation on this subject.
Latest update regarding formulation of the new law is that in march, 2022 an exclusive Law on
OSH has been approved by the cabinet and soon the same will be notified. At the moment an
exclusive chapter on Occupational Safety and Health is there in ‘’the Khyber Pakhtunkhwa
Factories Act, 2013’’ but to widen the scope and applicability of OSH a full fledge law will be
very much beneficial for the workers as well as for the employers.
 Institutional Capacity On the Subject of OSH:
Capacity Building of the industries through provision of technical know-how, enhancing
institutional capacity of Labour Department and effective labour administration and governance
was another priority set by the government to improve Health and safety situation in the
Province. In this regard Labour Department has approved an ADP Scheme /project on OSH i.e.
“Establishment of Centre for Occupational Safety and Health (OSH) in Khyber
Pakhtunkhwa’’ of worth 59.289 million with a view to establish a contingent of OSH inspector
to inspect various hazard at workplace and order suggestions for their eradication so that a
healthy working environment is developed. Updated status of this scheme is that Department has
completed the induction process which was followed by the procurement of equipments. It is
expected that soon the field visits will be started.
II. Review the following legislation in conformity with Constitutional and UN Treaty
provisions to which Pakistan is a state party.

a. Protection Against the Harassment of Women at Work places Act


Action by:
• Office of the Ombudsperson for Protection Against Harassment of Women at the
Workplaces
Timeline: Ongoing

b. Child Marriage Restraint Act


Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Underway
Reply of Social Welfare Department:
The draft Khyber Pakhtunkhwa Child Marriages restraint bill is in the process of consultation.
c. Prevention and Control of Human Trafficking Ordinance
Action by:
• Home and Tribal Affairs Deptt
Timeline: Immediate
Reply of Home Department:
Pertains to Labour Department and Federal Investigation Agency.
d. Human Smuggling Ordinance
Action by:
• Home and Tribal Affairs Deptt
Timeline: Immediate
Reply of Home Department:
Pertains to Labour Department and Federal Investigation Agency.
III. Ensure effective enforcement of:

a. Bonded Labour System (abolition) Act2015


Action by:
 Labour Department
Timeline: Ongoing
Reply of Home Department:
Pertains to Labour Department

Reply of Labour Department:


i) Rules under law on bonded labour

In Khyber Pakhtunkhwa, law on bonded labour i.e. The Khyber Pakhtunkhwa Bonded
Labour system (Abolition) Act, 2015’’ is already in place. As far as formulation of rules under
this very is concerned, on first February, 2022 rules also named as “Khyber Pakhtunkhwa
Bonded Labour system (Abolition) Rules, 2021’’have been approved by the Cabinet and after
approval of Provincial Assembly it will be notified.

ii) Newly formulated Standard Operating Procedures (SOPs)

Since December, 2021, Labour department in collaboration with other relevant departments, i.e.
FIA, Police, Social Welfare, Home department and Prosecution has taken various steps towards
the elimination of trafficking in person, bonded labour and child labour. The role of this
department is mainly the identification of trafficked children within its jurisdiction and referral.
In this regard, the department has developed SOPs which helps the inspection team in the
identification of such victims. Latest update regarding these newly formulated SOPs is that in
the month of February, 2022 two internal training/awareness sessions were held in which
inspector’s shops and factories were divided into two batches. In these trainings the inspectors
were briefed on the newly formulated SOPs for victim identification, protection, referral and
support. They were strictly instructed to follow the SOPs during their field visits. Other than this
an internal proforma was developed keeping in view the SOPs and was shared with inspecting
staff for the collection of disaggregated data on child and bonded labour and also to prepare a
monthly report and submit it to the department regarding any referrals in this regard. Last but not
the least the inspection team was given instruction to take pictorial evidences during their
inspections and also to raise awareness during their visits on the issues of child labour and
bonded labour, trafficking in person and the existing laws in this regard. They were also told to
work in close collaboration with police and other relevant departments and refer cases of child
labour and bonded labour, trafficking in person and all those cases identified, who are under
potential threat of forced labour or compelled labour.

iii) Establishment of DVCs;


On 31st December, 2021 Home Department issued Notification of establishment of District
Vigilance Committees (DVCs) in each districts in order to monitor and implement human
trafficking, child labour and bonded labour related laws (Notification attached at Flag ……).
In these committees, representative of district labour Department is also a member. Regular
meeting of these committees has been held in various districts.
iv) Constitution of TIP related Working Group;
A working group is recently constituted in order to monitor and ensure swift communication of
data related to TIP. (Notification Attached at Flag……)
First meeting of the group took place on 17 th of March and representatives from Labour
Department, Police Department, Social Welfare and Prosecution Department participated in
that. It was decided to regularly conduct this meeting and help out each other in information
sharing and referrals regarding TIP. (Minutes of the Meeting Attached…….)
v) Workers Education Wing;
It is pertinent to mention here since December, 2021 Labour Department Khyber
Pakhtunkhwa has concentrated its efforts towards elimination of child labour, bonded labour/
forced labour and trafficking in persons. In this regard Department is also taking services of its
wing i.e. Workers Education Wing (WEW). It was decided during an internal meeting with the
wing to incorporate the angle of trafficking and forced labour in their training and highlights this
issue and the relevant law and rules to create awareness in the workers and employers
community.

b. Elimination of Custom of Ghag Act


Action by:
• Home Department
• Khyber Pakhtunkhwa Commission on the Status of Women(KPCSW)
Timeline: Ongoing
Reply of Home Department:
Ghag Act implemented in letter and spirit which will eliminate the Custom of Ghag.
c. Protection Against Harassment of Women at Workplaces Act 2010
Action by:
 Office of the Ombudsperson for Protection Against Harassment of Women at the
Workplaces
Timeline: Ongoing
Reply of Home Department:
Implemented. A Committee is also constituted under the said Act.

d. Criminal Law Amendment 2016 (Child Rights)


Action by:
• Home Department
• Directorate General of Law and Human Rights
• Child Protection and Welfare Commission
Timeline: Ongoing
Reply of Home Department:
Implemented in letter and spirit.
e. Criminal Law (2nd Amendment) Act 2011(Acid Control and Acid Crime)
Action by:
• Home Department
• Directorate General of Law and Human Rights
Timeline: Ongoing
Reply of Home Department:
Implemented in letter and spirit.
f. Criminal Law (3rd Amendment) Act 2011(Anti Women Practices)
Action by:
• Home Department
• Directorate General of Law and Human Rights
Timeline: Ongoing
Reply of Home Department:
Implemented in letter and spirit.
g. Criminal Law (Amendment) Act 2016 (Anti-Honour Killing)
Action by:
• Home Department
• Directorate General of Law and Human Rights
Timeline: Ongoing
Reply of Home Department:
Implemented in letter and spirit.
h. Criminal Law (Amendment) Act 2016 (Anti Rape)
Action by:

• Home Department

• Directorate General of Law and Human Rights

Timeline: Ongoing
Reply of Home Department:
Implemented in letter and spirit.
i. Khyber Pakhtunkhwa Borstal Institution Act,
2012
Action by:
• Home Department
• Child Protection and Welfare Commission
Timeline: Ongoing
Reply of Home Department:
Borstal Institute Haripur and Bannu are being converted to Juvenile Rehabilitation Centers and
Observation Homes under Juvenile Justice System Act, 2018.
j. Prohibition of Employment of Children Act, 2015
Action by:
 Labour Department
Timeline: Ongoing
Reply of Labour Department:

So far Labour Department Khyber Pakhtunkhwa has taken following initiatives to effectively
implement this very law.
i) Inspection under relevant law on child labour;
The inspecting staff of labour Department is notified under this law. The inspection team
regularly inspects various shops and establishments to ensure implementation of this law and
compile data. Updated data is enlisted in the given table.
Description 2021 JAN-APRIL (2022)
No. of inspections 9186 3774
Prosecutions 48 163
carried out
Cases decided by 43 22
courts
Fine imposed by 109,500/- 69,000
courts(Rs)
As a result of these efforts, it is safe to say that child labour is almost completely eliminated from
the industrial sector in the province while efforts are being made to gradually eliminate it from
commercial establishments as well.
ii) Formulation of Rules Under (KP-PECA,2015)

On first February, 2022 rules i.e. “The Khyber Pakhtunkhwa Prohibition of Employment
of Children Rules, 2021” have been approved by the cabinet. Soon the same will be notified.

iii) Recruitments of Social mobilizers to effectively implement relevant law on child


labour

Besides legislation, Labour Department has also taken some administrative initiatives to
effectively implement relevant law on child labour. In this regard, for the very first time, 7 posts
of social mobilizers are sanctioned for unit called “Child & Bonded Labour Unit” in Directorate
of Labour. They would not only conduct inspection but also create awareness among workers
and employers regarding this issue. Rules for these posts have been notified and recruitment
process has also been started by the KP public service commission by advertising the posts.
iv) Survey on child labour

As previously explained that there is an ongoing survey on child labour in Khyber


Pakhtunkhwa. The expected timeline of data collection is December, 2022, while the report
writing is expected to be completed by June, 2023.

k. Khyber Pakhtunkhwa Free and Compulsory Primary and Secondary Education Act,2017
Action by:
 Elementary and Secondary Edu Deptt
Timeline: Ongoing

Outcome-1.3: Administration of Justice


I. Strengthen the Complaint Handling Systems established under the following
governmental bodies to deal with effectively and efficiently human rights violation.

a. KP Directorate General of Law and Human Rights


Action by:
• Law, Parliamentary Affair and HRs Deptt
Timeline: Continued

b. Khyber Pakhtunkhwa Child Protection and Welfare Commission


Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Continued

c. Khyber Pakhtunkhwa Commission on the Status of Women


• Establish and operationalize District Committees across the province
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Continued
Khyber Pakhtunkhwa Ombudsperson for Protection against the Harassment of Women at
d.
Workplaces
Action by:
• Social Welfare, Special Education and Women Empowerment Department
• Office of the Ombudsperson for Protection against Harassment of Women at Workplaces
Timeline: Continued

II.Establish Help Desk to receive and deal with minority rights violation
complaints
Action by:
 Auqaf, Hajj, Religious and Minority Affairs Department
Timeline: By December 2021
Reply of Auqaf Deptt:
Help desk has already established under the chairmanship of Deputy Secretary (Auqaf) to
receive complaints of minorities community as per defined TORs of the Notification (Annex-I)
• Provide free legal aid to poor victims of human rights violations
Action by:
• Directorate General of Law and Human Rights
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Child Protection and Welfare Commission
• Auqaf, Hajj, Religious &Minority Affairs Deptt
Timeline: Ongoing

III. Introduce reforms in legal justice system aimed to ensure people’s access to justice which
is speedy and inexpensive
Action by:
• Law Parliamentary Affairs and HRs Deptt
• Home and Tribal Affairs Department
Timeline: Ongoing:
Reply of Home Department:
Home Department has actively participated in the Task Force, constituted under the
chairmanship of Federal Minister for Law. More than 600 amendments have been proposed in
Criminal Justice System Laws to ensure speedy and inexpensive justice to all.
V. Modernize crimes investigation system there by to effectively investigate the cases of
gender-based violence, child sexual abuse and other human rights violations
a. Establish and operationalize Monitoring and Surveillance Unit
Action by:
• Home and Tribal Affairs Department
• Directorate General of Law and Human Rights
• Social Welfare, Special Education and Women Empowerment Department
Timeline: Ongoing

VI. Strengthen and enhance the role of the provincial Ombudsman aimed to effectively
redress public grievances
Action by:
Provincial Ombudsman Office
Timeline: Ongoing
Thematic Area 2:
Institutional Interventions for Improved Human Rights Protection
in Khyber Pakhtunkhwa
Outcome-2.1: Provide Political Support and Ensure Effective Oversight
I. Establish/strengthen work relationship between provincial Assembly’s Standing
Committee on Law, Parliamentary Affairs and Human Rights; Women Parliamentary
Caucus and relevant provincial departments/human rights bodies
Organize periodic meetings between mentioned provincial democratic/elected
a.
institutions and respective human rights bodies
Action by:
• Law Parliamentary Affairs and HRs Department
• Directorate General of Law and Human Rights
• Women Parliamentary Caucus-Provincial Assembly
• Standing Committee on Law, Parliamentary Affairs and Human Rights
Timeline: to be continued

II. Ensure active functioning of the Provincial Task Force on Human Rights
Organize periodic meetings to review progress of human rights bodies and to set
a.
future directions for respective human rights bodies
Action by:

• Law Parliamentary Affairs and HRs Deptt

Timeline: to be started immediately

Outcome-2.2: Establish/Strengthen Provincial Human Rights Bodies


Developcapacitiesandprovideampleresourcestothefollowingprovincialhumanrightsbodies:

I. Khyber Pakhtunkhwa Directorate General of Law and Human Rights


Action by:
• Law Parliamentary Affairs & HRs Deptt
Timeline: Ongoing

II. Khyber Pakhtunkhwa Child Protection and Welfare Commission


a. Establish monitoring mechanism to address the issues of honour killings, child
marriages, pronouncement of Ghag, domestic violence and other violations of
women rights

Action by:
 Social Welfare, Special Education and Women Empowerment Department
Timeline: Ongoing

Khyber Pakhtunkhwa Commission on the Status of Women


III.
Action by:
 Social Welfare, Special Education and Women Empowerment Department
Timeline: Ongoing

IV. Establish and operationalize Khyber Pakhtunkhwa Commission for Minority Rights
Action by:
 Auqaf, Hajj, Religious and Minority Affairs Department
Timeline: By December 2021
Reply of Auqaf Deptt:
For enactment of National Commission for Minorities Act, the Provincial Assembly Khyber
Pakhtunkhwa unanimously passed the Resolution No. 1186 under article 144 of the Constitution
that the Majlis-e-Shoora (Parliament), may be law establish “National Commission for
Minorities” (Annex-II)

V. Establish/strengthen and operationalized structures of provincial human rights bodies


Action by:

• Law Parliamentary Affairs and HRs Deptt

• Directorate General of Law and HRs

Timeline: Underway

VI.Strengthen the Khyber Pakhtunkhwa Ombudsperson for Protection against the


Harassment of Women at Workplaces
Action by:
• Office of the Ombudsperson for Protection Against Harassment of Women at the
Workplaces
• Social Welfare, Special Education and Women Empowerment Department
Timeline: Ongoing

VII. Strengthen the capacity of labour department and operational mechanisms


a. Establish and operationalize Khyber Pakhtunkhwa Centre for Occupational Safety
and Health
b. Reinvigorate labour inspection system
c. Establish and operationalize Child and Bonded Labour Unit
Action by:
 Labour Department
Timeline: Underway
Reply of Labour Department:
a) IIn this regard Labour
Department has approved an ADP Scheme /project on OSH i.e. “Establishment of Centre for
Occupational Safety and Health (OSH) in Khyber Pakhtunkhwa’’ of worth 59.289 million
with a view to establish a centre for occupational safety and health in Directorate of Labour
Khyber Pakhtunkhwa in the shape of mobile units. The centre would exclusively look after the
matters pertaining to monitoring and implementation of the laws with regard to Health and safety
in the province. Mobile inspection unit fully equipped with Health and safety inspection kit
would carry out regular inspection at work place, analyze the present and potential risks/hazards
available at workplace and would take remedial actions in the form of suggestions, warnings and
legal actions. This centre would also perform awareness session with the workers and
management staff so that an awareness regarding the health and safety laws and healthy working
environment is created among them because maintaining safe working environment is important
to all, healthy working environments means healthy workers which will result in more progress
and resultantly prosperous organization. Latest update regarding this ADP scheme is that
Department has completed the induction process of members of this unit followed by
procurement of equipments. It is expected that soon field visits will be started.

Labour Department has paid special attention towards strengthening its inspecting staff
which would ultimately help in effective implementation of labour laws. Recently, following the
merger of Ex-FATA with Khyber Pakhtunkhwa, Finance department created seven new offices
for tribal districts with a total strength of 70 staff and four new offices in newly created districts
of the province. 62 more staff was sanctioned for these offices making a total of 132 new posts
for the financial year 2021-22. Induction against these posts is underway.
Beside regular inspecting staff, seven posts of social mobilizers have been sanctioned and their
recruitment process has been started by Public service commission. These social mobilizers
would also help in education and awareness of the parents, families and the key stakeholders on
the evil effects of child labour because they unlike the conventional inspection team will not only
inspect various areas but also create awareness among the child workers, their parents and
employers about the menace of child.
Similarly, Labour Department has also approved an ADP scheme titled “Enabled Directorate
of Labour for better service delivery”. One of the main components of this ADP scheme is
training and enhancing knowledge base of the Officials/Inspectors of Labour Department for
which purpose, it is being planned to utilize the facility of Labour Department Punjab or Sindh
(NILAT). Another major component of this ADP is provision of Transport facility to various
District offices, Worker’s education wing and Headquarter office. This would enhance the
outreach of the Labour Department for better service delivery. A total of 21 Cars, 2 APV/MPV
and 18 motorcycles would be procured. Furthermore, computers, photocopiers and other IT
equipments are also being procured to strengthen inspection.
Besides strengthening its inspecting staff, in each district a regular monitoring mechanism is
in place. In this regard a complaint based mechanism was introduced in the form of “workers
facilitation desks”. These desks are established/setup in district labour offices and at the head
quarter, in order to facilitate workers who have complaints/issues related to work. Updated data
regarding all kinds of complaints received and awareness raising received is as under;
S.NO Designation 1st January, 2022
to April, 2022
1 Chief Inspector 165
of Factories,
Peshawar
2 Deputy director 165
Labour
3 Assistant 191
Director Labour,
Charsadda
4 AD Labour 189
Nowshera
5 AD Labour 201
Mardan
6 AD Labour 209
Sawabi
7 Labour officer 113
swat
8 AD Labour 90
Buner
9 DD Labour 260
Haripur
10 AD labour 210
Kohat
11 Assistant labour 231
Officer, bannu
12 Labour Officer 170
D.I.Khan
13 Labour 113
Inspector Dir
14 Labour 83
Inspector,
Mansehra
15 Labour 155
Inspector
Abbotabad
Total: 2380
Besides, Citizen Portal is an effective tool/forum wherein workers can lodge a complaint. These
mechanisms help/assist the department to take timely and effective action against the culprits and
the complainant also feels safe due to anonymity. Later on response and action of the department
is evaluated/rated by the citizen/complainant who can either show his satisfaction if his
complaint is resolved or otherwise. With the introduction of these tools, unearthing violations
and then action against the same has become very easy for the Inspectorate and anybody
intending to breach the law will have to think twice.
As far as establishment and operationalization of the unit i.e. the child & Bonded Labour
Unit (C&BLU) is concerned, labour Department has first regularized this unit as this was first
established under an ADP scheme. 12 new posts have been created for this unit which included 7
posts of social mobilizers. Service rules of these posts have been notified and their recruitment
process has also been started via public service commission.

Outcome-2.3:Promote Coordination between Human Rights Stakeholders


I. Develop and implement strategy for the improvement of coordination between
human rights bodies/NHRIs and other stakeholders
Action by:

• Law Parliamentary Affairs and HRs Deptt

• Directorate General of Law and HRs


Timeline: By December 2021
Three number of capacity building sessions have been held for the training of Provincial TICs
officers/officials.

Law Parliamentary Affairs & Human Rights Department convened meetings of the Khyber
Pakhtunkhwa Treaty Implementation Cell (TIC) to strengthen the Inter Provincial Coordination
(IPC) for improved compliance with Pakistan ratified Labour and Human Rights Treaties
associated with EU GSP+ obligations. In this connection several meetings were held under the
Chairmanship of Law Department
To make a strong liaison and coordination with Law Department, Focal Persons for TIC have
been nominated by their concerned Administrative Department in order to fulfil UN Reporting
obligations. The number of Focal Persons for TIC have been extended to all Administrative
Departments of Khyber Pakhtunkhwa and meeting of the Focal Persons will be arranged
shortly.
II. Organize periodic joint meetings of provincial human rights bodies/stakeholders,
enabling them to synergize their efforts for the improvement of human rights protection
Action by:
 Law Parliamentary Affairs HRs Deptt
 Directorate General of Law and HRs
Timeline: To be started immediately

Thematic Area-3: International/UN Treaty Implementation


Outcome3.1: Legislative and Institutional Arrangements
I. Strengthen the Treaty Implementation Cell (TIC)
Action by:
• Law Parliamentary Affairs and HRs
Timeline: Ongoing
The Provincial Government of Khyber Pakhtunkhwa under GSP+ mechanism has established
Provincial Treaty Implementation Cell chaired by Secretary Law, Parliamentary Affairs and
Human Rights Khyber Pakhtunkhwa. Provincial Government has taken the following steps for
the strengthening and effective functioning of Treaty Implementation Cells (TICs).
 To make a strong liaison and coordination with Law Department, Focal Persons for TIC
have been nominated by their concerned Administrative Department in order to fulfill UN
Reporting obligations.
 To strengthen the provincial TIC and speed up the reporting mechanism, Khyber
Pakhtunkhwa Virtual Platform (KPVP) has been established and hosted in Law
Department. Currently 16 Provincial Administrative Departments have nominated their
Focal Persons , which are connected to the KPVP System and submit the required
report/data through this Software System.
 Law Parliamentary Affairs & Human Rights Department convened meetings of the
Khyber Pakhtunkhwa Treaty Implementation Cell (TIC) to strengthen the Inter Provincial
Coordination (IPC) for improved compliance with Pakistan ratified Labour and Human
Rights Treaties associated with EU GSP+ obligations.
 The Provincial Government of Khyber Pakhtunkhwa has submitted Four Biennial Reports
in relation to the UN Reporting obligations.

II. Improve the coordination between TIC and relevant government departments
Action by:
• Law Parliamentary Affairs and HRs Deptt
Timeline: Ongoing

III. Carry out comparative analysis and take steps to harmonize existing human rights
policies, legislation, and institutional arrangements inconformity with Pakistan’s
international human rights obligations
Action by:

• Law Parliamentary Affairs and HRs Deptt


Timeline: Continued

Thematic Area-4: Implantation of Key Human Rights Priorities

Outcome-4.1: ProtectionofCivilandPoliticalRights
I. Increase budget allocations to strengthen the investigative capacity of Police Department to
prevent torture
Action by:

• Home and TAs Department

Timeline: June 2021 onwards


Reply of Home Department:
Report is sought from Police and will be conveyed when received.
II. Inclusion of human rights subject in police training curriculum
Action by:
• Home and TAs Deptt
• Law, Parliamentary Affairs and HRs Deptt
Timeline: ByJune2022
Reply of Home Department:
Report is sought from Police. Response is awaited
III. Establish a monitoring mechanism to address torture
Action by:
• Home and TAs Deptt
Timeline: By June 2022
Reply of Home Department:
Draft Bill i.e Inspectorate of Criminal Justice Service is under consideration of a committee
notified by Chief Minster Secretariat.
IV. Provide office space for Prosecution Department In every district of the province
Action by:
• Home and TA Deptt
Timeline: ByDecember2023
Reply of Home Department:
Implemented.
IV. Establishment of Legal and Digital Resource Centre and Library
Action by:
• Home and TAs Deptt
• Law, PAs and HRs Deptt
Timeline: By December 2024
Reply of Home Department:
Report from Directorate of Prosecution awaited.
V. Develop the capacity of Prosecution, Police and Trial Court Judiciary on human rights
safeguards in the Criminal Justice System
Action by:

• Home and TAs Deptt

Timeline: Ongoing
Reply of Home Department:
Prosecutors have been trained from time to time. For the purpose of their enhanced performance,
Khyber Pakhtunkhwa Training Academy is being established. Similarly Police is getting training
on Criminal Laws in Police Schools and Academies. Similarly for judicial officers, the Khyber
Pakhtunkhwa Judicial Academy is on task.
VI. Eradicate the culture of secrecy in Government Departments through the effective
enforcement of Right to Information Act
Action by:
• RTI Commission
• Information and Public Relations Department
Timeline: Ongoing
Reply Information Department:
Article 19 of the Constitution of Islamic Republic of Pakistan provides that every citizen have to
access information in all matters of public importance subject to regulation and reasonable
restriction imposed by law. The RTI Act, 2013 clearly provides the secrecy exemption under
Section 14 to 22. These sections further classify the categorization of information which are
exempted and confidential. All public bodies have been instructed form time to time to display
information of public importance on their Web Portal. Public Awareness program are arranged
to involve and encourage people to take benefit of this law. Although it is an on-going activity,
the provincial government however is committed to review the requirements of public
importance subject to amendments in law in accordance with Human Rights priorities.
VII. Develop the capacity of Public Information Officers on methodologies to discharge their
duties in accordance with law
Action by:
• RTI Commission
• Information and Public Relations Department
Timeline: Ongoing
Reply Information Department:
The RTI, Law places crucial duties and responsibilities on the designated Public Information
Officer (PIOs), to serve as the lynch pin between the public and their respective government
institutions, for processing citizen requests for information sought under the RTI Law.
The public representatives and the government have to play a very important role but now it is
for the citizen to come forward to understand and own the law and actively participate in its
implementation to enjoy this fruit of democracy. Awareness about their rights under this law
will change the tide in favour of the common man.
Section 25 (3) (d) of the RTI Act, 2013 provides that Khyber Pakhtunkhwa Information
Commission is to cooperate with or undertake training activities for public officials on the
Right to Information and to publicize the requirements of this Act and rights of individuals
under it.
Being an on-going activity Information Commission publicize the responsibilities of PIOs to
discharge their duties in accordance with the law.
The Information Commission has so for eleven (11) Seminars have been organized for different
walks of life including TV talk shows and Radio Programs were being on-aired at different
districts on RTI Law.
Eight (8) trainings/workshops have been arranged on RTI Law for the Public Information
Officers (PIOs) of the Line Departments both in the settled and merged areas of the province.
More such training/workshops are in pipeline for various Districts including Merged Areas.
Outcome-4.2: Protection of Women Rights
I. Review existing civil and criminal laws to identify
And address gender specific issues
Action by:
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Khyber Pakhtunkhwa Commission on the Status of Women(KPCSW)
Timeline: Ongoing

II. Establish the Women Police Stations/Women Desks at police stations to increase
accessibility of women victims to the governments’ remedial/justice system
Action by:
• Home and Tribal Affairs Deptt
Timeline: Ongoing
Reply of Home Department:
Women desks are established in all Police Stations.

III. Ensure proportionate employment of women in police force


Action by:
• Home and Tribal Affairs Deptt
Timeline: Ongoing
Reply of Home Department:
Implemented. Women are given representation in Police.
IV. Introduce and ensure the implementation on Code of Conduct for protection against the
harassment of women at (public and private)Workplaces
Action by:
 Office of the Ombudsperson for Protection Against Harassment of Women at the Workplaces
Timeline: Ongoing

V. Establish/strengthen the women protection centres (shelters)in all districts of the province
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Ongoing

VI. Make arrangements for rescue, treatment and legal facilities for women in need
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Ongoing
•Enhance/Extend the Forensic Science facilities to modernize investigation on sexual
violence
Action by:
• Home and Tribal Affairs Department
• Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Immediate
Reply of Home Department:
Khyber Pakhtunkwha Forensic Science Agency Act has been promulgated. Forensic Science
Agency is being established for which land acquisition is in process. ADP Scheme for the
Forensic Science Agency building has also been reflected in ADP.
VII. Incentivizegirl’seducationtoreducegendergapinattainmentofeducation
Action by:
• Elementary and Secondary Edu Deptt
• Higher Education Department
• Social Welfare, Spl Edu & Women Empowerment Deptt
Timeline: Ongoing

VIII. Ensure payment of minimum and equal payment of wages to women workers through
effective monitoring
Action by:
 Labour Department
Timeline: Ongoing
Reply of Labour Department:
Labour Department took a number of initiatives that ensures the principle of equal pay for work
of equal value in letter and spirit.
1) Khyber Pakhtunkhwa Payment of Wage Act, 2013
Although all the provincial labour laws are discrimination free but in section 26 of the law ‘’ The
Khyber Pakhtunkhwa Payment of Wage Act, 2013’’ gender based wage discrimination is
completely prohibited. The very section is reproduced here for ready reference;

‘’Protection against discrimination. --- There shall be no discrimination on the basis of gender,
religion, sect, colour, caste, creed, ethnic background in employment, professional development
and the wages for work of equal value’’.

2) Discouraging gender based discrimination in minimum wage notification.


Minimum wage of workers of formal sector is determined by the ‘’minimum wages board,’’
which consists of representatives of the employers, workers and Government. This board
determines the rate by reviewing economic conditions, cost of living and other relevant factors.
In this notification, gender based discrimination is prohibited by categorically mentioning that a
female and trans gender worker shall get the same minimum rate of wages as a male worker
receive for work of equal value.
3) Payment of wages through scheduled banks.
Other than these, Labour Department introduced the system of payment of wages to the
workers of industrial establishments through scheduled banks. This helps the Department to
easily detect violation of this principle and the concerned official takes immediate necessary
action.
IX. Establish Gender Courts at divisional/district levels in the province
Action by:
• Social Welfare, Special Education and Women Empowerment Department
• Peshawar High Court
Timeline: Ongoing

Outcome-4.3: Protection of Child Rights


• EstablishandoperationalizeChildProtectionUnitsinalldistrictsoftheprovince
Action by:
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Child Protection and Welfare Commission
Timeline: Ongoing

• Establish and operationalize Child Protection Committees in all districts of the


province
Action by:
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Child Protection and Welfare Commission
Timeline: Ongoing

I. Ease and incentivize child birth registration


Action by:
 Local Government Department
Timeline: Continued
Reply of Local Govt: Deptt:
Birth registration is the permanent and universal recording of a child’s birth and legal proof of
his/her existence and identity. This registration is the first step towards establishing both the
existence and identity of the child. Granting and recognizing this legal status not only gives the
child identity, but it also gives him/her the status of a legal entity, instrumental in allowing the
child access to a wide range of rights and freedoms that are guaranteed by the state. An
unregistered child will not have legal status in the eyes of the state and for all practical purpose,
will be considered invisible and unprotected. For this reason, unregistered children are
vulnerable to being exploited, trafficked, of married young. Birth registration in therefore the
first fundamental right of the child that paves the way for all other rights. It contributes to
mitigating the risk of child labour, early marriage, and children being treated as adults in the
criminal justice system.
Registration of all vital events including birth is the mandate of LGRD Department under LGA,
2013 and as such the department is performing the function through secretaries of VCs/NCs.
Knowing significance and need of the community, Government of Khyber Pakhtunkhwa is
making all out effort to make the process friendly, accessible, timely and reliable to end users of
late, the Government has taken certain steps in this regard, which are as under:
i. Approval of CRVS rules.
ii. Signing of MoU with NADRA for online registration.
iii. Strengthening of VCs/NCs office with IT material.
iv. Operationalization of VCs/NCs office in the Merged Districts.
Beside, hiring of consultant is under process to prepare training module/material on Civil
Registration and vital statistics for the training and capacity building of secretaries of VCs/NCs
as well as elected representatives in order to pave way for smooth functioning of process.
• Capacity development and sensitisation of teachers to end corporal punishment
Action by:
• Elementary and Secondary Education Department
• Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: June 2021 onwards

II. Complete Child Labour Survey


Action by:
• Labour Department
• Child Protection and Welfare Commission
Timeline: Underway
Reply of Labour Department:

As previously stated there is an ongoing survey on Child Labour in the province of Khyber
Pakhtunkhwa. Update status of this survey is as following;
 Four (04) regional trainings are successfully completed and field activities (data
collection) have also been started in these four regions;
 In Hazara Division data collection is almost completed excluding Kohistan & Torghar;
 In Malakand division 90% of data collection is completed;
 In southern districts 20% is completed;
 In Northern merged districts survey team are deployed on 18th May, 2022.
III. Establish Child Protection Courts at divisional / district levels in the province
Action by:
• Peshawar High Court
• Child Protection and Welfare Commission
Timeline: Ongoing

IV. Establish Zamung Kor (Shelters)for Street/run-awaychildrenatdivisional/districtlevels


Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Ongoing

V. Establish and operationalise Borstal Institutions for the children in conflict with law at
divisional/district levels
Action by:
• Home and Tribal Affairs Department
• Child Protection and Welfare Commission
Timeline: Ongoing
Reply of Home Department:
Borstal Institute Haripur and Bannu are being converted to Juvenile Rehabilitation Centers and
Observation Homes under Juvenile Justice System Act, 2018.
Outcome-4.4:Protection of the Rights of Transgender Persons

I. Create the avenues for education and vocational training for transgender persons
Action by:
 Social Welfare, Special education and Women Empowerment Department
Timeline: Underway

II. Carry out registration of transgender persons


inaidtoprovideprotectionandsocialservicestothetransgenderpersons
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Ongoing

Outcome-4.5: Protection of Minority Rights


I. Establish and operationalize Interfaith Harmony Committees in all district of the province
Action by:
 Auqaf, Haj, Religious and Minority Affairs Deptt
Timeline: Ongoing
Reply of Auqaf Deptt:
Interfaith Harmony Committees have been established in all Districts of Khyber
Pakhtunkhwa (Annex-III). They are also directed to hold meetings of the District Interfaith
Harmony Committees on monthly basis and minutes of the meetings be shared with
department (Annex-IV).
II. Allocate budget for repairing and rehabilitation of Minorities’ institution.
Action by:
 Auqaf, Haj, Religious and Minority Affairs Deptt
Timeline: Each year
Reply of Auqaf Deptt:

The Provincial Govt: has allocated funds amounting to Rs 500.000 million under Auqaf
Sector for rehabilitation & improvement of minority worship places & Institutions.
III. Make security and protection arrangements regarding the places of worship for religious
minority
Action by:
• Auqaf, Haj, Religious and Minority Affairs Department
• Home and Tribal Affairs Department
Timeline: Ongoing
Reply of Home Department:
Special Security Unit for protection of worship placed of minority consisting of 460 police
personel of various ranks has been established in Police. For special occasions, additional
police is also deployed to further enhance security of worship places of minorities
(Annex…….)
Reply of Auqaf Deptt:
The trained police personnel have been developed by the Inspector General of Police, Khyber
Pakhtunkhwa to different minority communities worships for security purposes (Annex-V).

IV. Allocate budget to provide scholarships to minority students


Action by:
 Auqaf, Haj, Religious and Minority Affairs Department
Timeline: June 2021 onwards
Reply of Auqaf Deptt:
Total 800 scholarships (400 per year) amounting to Rs 40.000 million (Rs 50,000/- per head
per year) shall be provided to minority students in two years.
V. Introduce housing schemes for minority communities
Action by:
 Auqaf, Haj, Religious and Minority Affair Department
Timeline: June 2021 onwards
Reply of Auqaf Deptt:
The Provincial Government under ADP has approved funds amounting to Rs 500.000 million
(Provincial ADP) and Rs 300.000 million (AIP) for improvement, rehabilitation, construction
& reconstruction of worship places & residential colonies of minorities in Khyber
Pakhtunkhwa and newly merged areas accordingly. The aim of these projects is to protect &
promote minority rights in the province as well as promotion of interfaith harmony.
Moreover, the department has already renovated, improved and rehabilitated 29 worship
places and 6 residential colonies in districts Mardan, Nowshera, Kohat, Hangu, Haripur,
Mansehra, Abbottabad, D.I Khan, Peshawar, Buner and Bannu. The Department has also
constructed “Church” in tribal District Bajaur while renovated and rehabilitated two
“Churches” in tribal District Khyber in 2020-21 accordingly.
VI. Initiate skill development and entrepreneurship programmes for minority communities
Action by:
 Auqaf, Haj, Religious and Minority Affairs Department
Timeline: Immediate
Reply of Auqaf Deptt:
Budget amounting to Rs 200 million has been allocated for the said purpose. Under this
component the Department with the help of KP-TEVTA has provided various technical
trainings to 450 people of minorities in NMAs. 2 nd Phase of the component will be started in
mid-November, 2021 accordingly.
VII. Develop capacities and sensitization of religious leader son interfaith harmony
Action by:
 Auqaf, Haj, Religious and Minority Affairs Department
Timeline: Ongoing
Reply of Auqaf Deptt:
An amount of Rs 240.000/- financial assistant to 8 minority religious leaders & subsequently
the same financial assistance will be provided in CFY 2021-22 accordingly.
9.5 million has been allocated for this purpose. Every year the Department will arrange
Interfaith Harmony Conference in the Capital City of Province. A total 2 Interfaith Harmony
Conferences will be arranged.
VIII. Reserve and implement job quota for minorities
Action by:
 Auqaf, Haj, Religious and Minority Affairs Department
Timeline: Continued
Reply of Auqaf Deptt:

The job quota for minority has been increased from 3% to 5% vide Establishment
Department Notification (Annex-VI). For the implementation of 5% quota for minority, the
Department has also advertised several posts (Annex-VII).
Outcome-4.6: Protection of the Rights of Senior Citizens and Persons with
Disabilities
I. Provide financial support/social protection to the poor senior citizens and persons with
disabilities,notlessthan50%ofthegovernment’sdeterminedminimumwage
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Continue edu under EHSAAS

II. Reserve seats quota at all public transport facilities for senior citizens and persons with
disabilities
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: By December 2021

•Legalise priority treatment of senior citizens and persons with disabilities inall
(publicandprivate) hospitals/clinics
Action by:
• Social Welfare, Spl Edu and Women Empowerment Deptt
• Health Department
Timeline: By December 2021

III. Make arrangements to make all buildings accessible for senior citizens and persons with
disabilities
Action by:
 Social Welfare, Special education and Women Empowerment Department
Timeline: Ongoing

IV. Introduce schemes for skill development and entrepreneurship for persons with
disabilities
Action by:
 Social Welfare, Spl Edu and Women Empowerment Deptt
Timeline: Immediate

V. Reserve and implement quota for apprenticeship and jobs of persons with disabilities in all
public and private enterprises.
Action by:
• Social Welfare, Special education and Women Empowerment Department
• Labour Department
Timeline: Immediate

Outcome-4.7: Protection of Human Rights Defenders


I. to ensure their protection and provide them support in their work.
Action by: Take steps to ensure the active engagement of all relevant government bodies with
human rights defenders, thereby
 Law, Parliamentary affairs and Human Social Welfare, Spl Edu and Women Empowerment
Deptt
• Rights Department
• Directorate General of Law and Human Rights
Timeline: Immediate

Thematic Area-5: Cross Cutting Interventions

Outcome-5.1: Human Rights Education and Sensitization

I. Inclusion of human rights, civic education, interfaith harmony and peace in curriculum at
primary and secondary school levels
Action by:
• Law, Parliamentary Affairs and Human Rights Department
• Auqaf, Haj, Religious and Minority Affairs Department
• Elementary and Secondary Education Department
Timeline: By December 2022
Reply of Auqaf Deptt:
Relates to E&SE Department.

II. Inclusion of human rights, civic education, interfaith harmony and peace in curriculum of
higher education, law and social sciences
Action by:
• Law, Parliamentary Affairs and Human Rights Department
• Higher Education Department
• Auqaf, Haj, Religious and Minority Affairs Deptt
Timeline: By December 2023
Reply of Auqaf Deptt:
Relates to HED.
III. Inclusion of human rights-with respect to GOPs international human rights commitments-in
the curriculum of provincial government academies and training institutes.
Action by:
• Law, Parliamentary Affairs and Human Rights Department
• Elementary and Secondary Education Department
• HigherEducationDepartmentKhyberPakhtunkhwaBoardofTechnicalEducation
Timeline: By December 2022

Outcome-5.2: Rights Based Approach to Development Planning

I. Incorporate rights-based approach in development of planning - particularly with regards to


the right to education, health and social protection – at provincial and district levels
Action by:
 Planning and Development Department in Consultation with Health, Education, and Social
Welfare Departments
Timeline: Ongoing
Allocation of adequate budget for the promotion and protection of human rights in
Public Sector Development Programme(PSDP)
Action by:
 Planning and Development Department / Finance Department
Timeline: Each year
Reply of P&D Department
Secondary Education

i. 195116-Provision of teacher at primary, Middle, High & Higher Secondary Schools in


merged Areas (AIP)
ii. 191373-Literacy of all program in FATA
iii. 210319-Constitution of basic education communication schools (BECS) & National
Commission for Human Development (NCHD) center in Khyber Pakhtunkhwa.
iv. 200166-Refugees & Host Communities under IDA-18 Regional sub Window SH: Khyber
Pakhtunkhwa Human Capital Investment Project (KPHCIP) Education Component.
v. Higher Education
i. 170009-Strengthening of BS Programme and teacher engagement for BS-04 Years degree
program.
ii. 915137-Capicity Building Program for College faculty (AIP)
iii. 195138-Provision of staff to existing Colleges (Commerce + General) (AIP)
Health Nutrition
i. Social Health Protection in Initiative for Khyber Pakhtunkhwa (KFW assisted). (Cost,
Local:165.900, FEC:1233.256)
ii. Strengthening of the Rehabilitation services for Physical Disabled at Health Department
Khyber. (Cost:392.265)
iii. Strengthening of TB Control Program in Khyber Pakhtunkhwa (Phase-II). (Cost 452.001)
iv. Treatment of Poor Center patients (Phase-II) (cost 4942.861)
v. Establishment of safe blood transfusion project (Phase-II) (German Grant) (Cost Local
477.472, FEC:385.895)
vi. Extension of D-Talk and Insulin for life (cost 234.500)
vii. Integration of Health Service Delivery with special focus on MNCH, LHW and Nutrition
Program (cost: 7027.226)
viii. Toping up of prevention health care regime (Hepatitis, TB, EPI, NCD, HIV, etc) cost:
959.802
ix. Health Nutrition program in FATA (MAs ) cost: 882.249
x. Strengthening of National program for family planning and primary health care in all
Tribal Districts/Sub- Division (MAs) Cost: 452.672
xi. Thalassemia control program in FATA (MAs) cost: 64.183
xii. Aids Control Program FATA (MAs) cost: 189.665
xiii. Hepatitis Control Program in FATA (Phase-III) (MAs) cost: 256.520
xiv. TB Control Program in FATA (cost: 333.577)
xv. Rural Ambulance Service for Expectant Mothers in Merged Areas (AIP) Cost: 350.00
xvi. Topping up of MNCH program (AIP) cost: 556.968
xvii. Strengthening of National program NP for family planning (AIP) cost: 794.342
xviii. Strengthening of EPI program, (AIP) cost: 1985.946
xix. Establishment of 200 Family Welfare Center in Khyber Pakhtunkhwa (cost: 858.431)
xx. Establishment of 120 Family Welfare Center in the existing health facilities of Merged
Areas (AIP ) cost: 585.000

Social Welfare
i. The Department of Social Welfare is mandated with welfare of the person with
Disabilities in the Province and the Department has established in Autonomous Body in
the name of Provincial Council for the Rehabilitation of Disable Person on the anology of
NCRDP. At present there is no such studies of disabled impact assessment (DIA) in the
development planning for PWDs have been initiated/carried out, however building code
for accessibility of the existing and the future building exist but unfortunately the existing
building code in not part of the planning process in either the public or private sector for
PWDs.
ii. No till date no such housing scheme/development society being formed exclusively for
PWDs in the province.
iii. No such Disability Friendly PC-I exist to be finalized in collaboration with Federal
Government having the required check list in consistent with accessibility code and in
accordance with UNCRD.
Allocation of adequate budget for the promotion and protection of human rights in Public
Sector Development Programme(PSDP)

Reply of P&D Department:


Health (Ministry: Finance Division) PSDP No.195-Khyber Institute of Child Health and
Children Hospital, District Peshawar (Cost Rs. 2209.296 Million, Allocation 2019-20
Rs. 500 million on-going)
Education (Ministry: Higher Education Commission)
i. PSDP No. 284-Establishemt of women sub campus of Swat University in Mingora Cost
Rs. 893.944 million, Allocation 2019-20 (Rs. 150.000 million on-going)
ii. PSDP No. 278-Establihment of university campus for women Bannu (Cost Rs. 970.908
million, Allocation 2019-20 Rs. 100 million on-going)
iii. PSDP 262-Establishment of Women Campus of Kohat University of Science &
Technology at Kohat (Rs. 986.985) million, Allocation 2019-20 Rs. 50 million (New
approved)
iv. PSDP 263- Establishment of Women Sub-Campus at Batkhela, University of Malakand
(cost Rs. 1554.280 million, Allocation 2019-20 Rs. 150 million (New Unapproved)
a. Establish the Working Groups at district level to ensure institutionalization of people’s
economic, social and cultural rights in developed agenda
Action by:
• Planning and Development Department / Finance Department
Timeline: By December 2021
Timeline: each year
Reply of P&D Department
The Provincial Government of Khyber Pakhtunkwha has empisized in revival of cultural
activities. A separate sub sector in the name of “Culture” has been created in the development
budget. Projects costing Rs. 524.000 million are under execution which includes establishment
of Art Academies and Galleries etc.
Outcome-5.3: Awareness Raising on Human Rights
I. Develop and implement policy for the promotion raising through media.
Action by:
• Law, Parliamentary Affairs and Human Rights Department
• Directorate General of Law and Human Rights
• Information and Public Relations Department
Timeline: By December 2021

II. Design and launch human rights public awareness campaign.


Action by:
• Directorate General of Law and Human Rights
• Provincial Human Rights Bodies Civil Society Acton
Timeline: Ongoing

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