Pakistan – Judicial remedy
CHAPTER 2: Protect, Respect, Remedy Framework
Pillar III: Access to Remedy (pages 13-14)
‘In relation to judicial mechanisms, the Constitution of Pakistan safeguards the independence of the judiciary and the right to a fair trial and due process. A significant challenge, in this regard, is the cost of litigation and the slow dispensation of justice due to the backlog of cases in Courts. Therefore, access to effective and timely justice is a serious concern for most litigants, especially those who fall in the lower income bracket. In this regard, the State of Pakistan has taken several steps, including enacting the Cost of Litigation Act of 2017, which amongst several important measures, also discourages untimely and unnecessary adjournments in proceedings.’
CHAPTER 3: National Action Plan Priority Areas and Proposed Actions
3.2. NAP Priority Areas
3.2.1 | Financial Transparency, Corruption and Human Rights Standards in Public Procurement Contracts
Proposed Actions
- Federal (page 19)
‘12. Further strengthen judicial processes and create awareness on issues related to Anti-Money Laundering/Counter Terror Financing (AML/CTF) to encourage financial transparency.
Performance indicator(s): Number of trainings on AML/CTF
UN Guiding Principle(s): 1, 2, 3, 25
Relevant SDG(s): Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 12 designating the Ministry of Human Rights, the Ministry of Law and Justice and the Anti-Corruption and Economic Crime Wing (Federal Investigation Agency) as Leading Entities, and designating the National Accountability Bureau, the Securities and Exchange Commission of Pakistan, the State Bank of Pakistan, the Provincial Home Departments, the Provincial Law Departments, the Supreme Court of Pakistan, the High Courts, the District Courts, the Federal and Provincial Judicial Academies, the Federal and Public Service Commissions, the Anti-Narcotics Force, the Anti-Terror Courts, the Provincial Anti-Corruption Bodies as Additional Entities (page 46).
3.2.2. Anti-Discrimination, Equal Opportunities, and Inclusion
Proposed Actions
- Federal and Provincial (page 20)
‘16. Review, and amend where required, existing laws pertaining to all forms of violence against women and girls, and ensure effective functioning of Gender-Based Violence Courts.
Performance indicator(s): (i) Review report; (2) Number of laws amended
UN Guiding Principle(s): 1, 2, 3, 8, 25, 26, 27, 28
Relevant SDG(s): Goal 5 – Gender Equality; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 16 designating the Ministry of Human Rights, the National Commission on the Status of Women and the Ministry of Law and Justice as Leading Entities (page 48).
3.2.8. Access to Remedy (page 36)
‘The State of Pakistan commits to improving the effectiveness of its judicial and non-judicial grievance redressal mechanisms, and also expects businesses to ensure a reduction in barriers to accessing internal remedies within organisations.’
Proposed Actions
- Federal and Provincial (pages 36-37)
‘65. Establish Labour Courts in all districts, and review the existing framework of Labour Courts, including assessment of gender-responsiveness, and utilise the findings to increase and strengthen functioning of Courts to provide for the efficient handling of industrial disputes and the effective protection of labour rights.
Performance indicator(s): (i) Number of newly established Labour Courts; (ii) Review reports; (iii) Budgetary allocations
UN Guiding Principle(s): 1, 3, 25, 26
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 65 designating the Federal and Provincial Governments; Ministry of Law and Justice; Provincial Law Departments; Provincial Labour Departments; Legal experts as Leading Entities, and designating the High Courts, Supreme Court of Pakistan, Law and Justice Commission of Pakistan; Ministry of Parliamentary Affairs; Provincial Parliamentary Affairs Departments; Trade/Labour Unions as Additional Entities (page 70).
‘66. Establish Child Protection Courts in all districts, and review the framework of existing Child Protection Courts to include the authority to direct the training and rehabilitation of victims of child labour.
Performance indicator(s): i) Number of newly established Child Protection Courts; (ii) Review reports; (iii) Budgetary allocations
UN Guiding Principle(s): 1, 3, 25, 26
Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 66 designating the Ministry of Human Rights, the Ministry of Law and Justice, Provincial Home Departments, Provincial Legal Departments and Legal experts as Leading Entities, and designating the High Courts, the Supreme Court of Pakistan, the Law and Justice Commission of Pakistan, the Provincial Human Rights Departments, the Federal Public Service Commission, the Provincial Service Commissions, the Federal Judicial Academy and the Provincial Judicial Academies as Additional Entities (page 70).
‘67. Establish and strengthen existing guidelines and compile best practices for the Judiciary to ensure effective remediation of human rights abuses occurring through business activity.
Performance indicator(s): (i) Development of guidelines and best practices; and (ii) Dissemination of Guidelines
UN Guiding Principle(s): 1, 3, 25, 26
Relevant SDG(s): Goal 16 – Peace, Justice and Strong Institutions’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 67 designating the Ministry of Human Rights; Provincial Human Rights Departments; Ministry of Law and Justice, Provincial Law Departments as Leading Entities, and designating the Federal and Provincial Judicial Academies; Provincial Human Rights Departments; Federal Public Service Commission; Provincial Service Commissions; legal experts as Additional Entities (page 70).
‘68. Ensure the effective functioning of public grievance redressal mechanisms such as the Ombudsperson Offices and enhance their capacity to resolve complaints.
Performance indicator(s): (i) Development of Capacity-building Initiatives; and (ii) Number of Capacity-building Trainings
UN Guiding Principle(s): 1, 3, 27
Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities’
This information is also covered under Appendix 1: Implementation Plan, Proposed Action 68 designating the Federal and Provincial Ombudsperson against Harassment of Women at the Workplace; Ministry of Human Rights as Leading Entities, and designating the Provincial Human Rights Departments; National Commission of Human Rights; Services and General Administration Department; Legal experts as Additional Entities (page 71).