Pakistan and Open Budget Survey 2012 by the IBP

OBS 2012In 2011 (from August to December 2011), the International Budget Partnership (IBP) conducted a comparative survey to measures and see the openness, transparency, participation and oversight of the budgets in 100 countries which includes Pakistan. In 2012, the IBP published the Open Budget Survey (OBS) which contains the Open Budget Index (OBI). In 2008 and 2010, the IBP had also published the OBSs.

From Pakistan, Omar Asghar Khan Development Foundation (OAKDF) was partner with the IBA. Through partners and individual researchers in each country, the IBA received responses against each question, which were calculated and quantified, and prepared the OBI. The OBI is basically an average of the quantified response for the 125 questions which relates to budget transparency, accountability and participation. In the OBI, each country is given a score from the range of 0 to 100 based on the criteria of availability to public and comprehensiveness of the eight key budget documents that governments’ have to produce and published at different stages of the budget cycle.

The OBS also assesses opportunities for public participation in the budget cycle/process and the role played by institutions like National Accountability Bureaus in the budget making and oversight.

The OBS 2012 shows that Pakistan received 58 score and is amongst those 36 countries which provide some information about the budget cycle and process, which does not give room to have ‘an informed budget debate’, which implies that in Pakistan there is little budget transparency. Pakistan shares the budget transparency characteristics with Afghanistan, Bangladesh, India, Nepal and Sri Lanka in the region. In both 2008 and 2010 OBSs, Pakistan had secured 38 score.

The OBS reveals that Pakistan is one the seven countries which have improved budget transparency considerably from 2010 to 2012.

In 2010, Pakistan was given 38 score. In 2012, it received 58 score mainly because of the increased comprehensiveness of the Green Book- a supporting document to the Executives’ budget proposal.

The element of budget transparency also reflects from publishing specific budget documents at different stages of budget cycle which are Pre-Budget Statement, Executive Budget Proposal, Enacted Budget, Citizens Budget, In-Year Reports, Mid-Year Review, Year-End Report and Audit Report.

Pakistan publishes the Pre-Budget Statement but that is used merely for internal use; the Executive Budget Proposal, Enacted Budget, In-Year Reports, Year-End Report and Audit Report are published and accessible to the public. Pakistan does not publish Citizens Budget and Mid-Year Review reports. Pakistan started publishing In-Year Reports, End-Year Report and Audit Reports in 2010.

Pakistan has been found weak and poor in public budgeting: at federal, provincial and district levels. The executives (which includes the Federal Ministry of Finance, Federal Government Cabinet, Provincial Governments’ Cabinets, Finance and Planning Departments) do not formally engaged with the public during the budget making process- its making and execution; they do not articulate the budget and the process of formulating and executing it to the public; the public perspectives on budget priorities is difficult to be identified; feedback/input from the public is not gathered, nor are there any mechanisms; there is little chance that the Ministry of Finance or legislative committee hold public hearings on the individual budgets of central government administrative units (i.e. ministries, departments and agencies) in which testimony from the executive branch is heard; Pakistan is also performing poor on other indicators of budget transparency; however, somehow positive point is, the legislative committee holds public hearings on the macroeconomic and fiscal framework presented in the budget; in this regard, Pakistan secures B grade, which implies Pakistan yet has to progress little more for regularly holding public meetings.

The OBS reveals that Pakistan has strong and independent audit institutions and gives 92 score to it; however, such compliment is still weak from many aspects; like all other institutions, the audit institutions in Pakistan work under the Prime Minister of Pakistan, and no institutions dare to ensure transparency, accountability and participation in the ‘current’ government’s policies, programmes and projects.

In Pakistan, there is extremely low public engagement in budgeting or budget making that is why it secures only 11 score on the OBI 2012.

The OBS recommended Pakistan and many other countries for mustering ‘political will to advance reforms’. It suggests to “improve the comprehensiveness of the existing budget documents, promote more effective means of citizen engagement in budget processes, and ensure that legislatures and SAIs [Supreme Audit Institutions] have the necessary resources to carry out their oversight function effectively…should advance both fundamental and innovative participation mechanisms throughout the budget process….should publish all their budget documents on the Internet in “machine-readable” formats, like an Excel spreadsheet, that facilitate analysis.” The OBS 2012 also recommends civil society organization and others to play their role and take possible measures. It is extremly useful document that provides ample guidelines for all, it is for transforming lives. For more details please check at: http://internationalbudget.org/what-we-do/open-budget-survey/full-report/

Amendments in the Anti-Terrorism Act are against human rights

The Institute for Social Justice (ISJ) is extremely displeased over the recent amendments in the Anti-Terrorism Act (ATA), 1997, through an Ordinance in October 2013 promulgated by Mamnoon Hussain the President of Pakistan. Some of these amendments are serious blow on the human rights principles mainly the right to a fair trial and justice.

The ISJ feels that through amendment exceptional powers have been given to the law enforcement agencies (LEA) to detain accused children, women and adults up to 90 days.

The current government rather brining improvements in the current practices of LEA through rigorous monitoring, accountability and participation has toughen the Criminal Justice System of Pakistan which was already the main source of exploitation and abuse of poor and helpless class of Pakistan. Indefinite detention for 90 days means long term permission to the LEA for the unending exploitation, abuse and torture on accused.

Legal authority for the indefinite detention is against the due process and procedure of the trial and it is a human rights violation. The Supreme Court of Pakistan should take suo moto notice of the amendments in the ATA.

The ISJ’s Letter to the President EC for the UPR Recommendations, follow up with Pakistan

The ISJ’s letter to H.E. Herman Van Rompuy, the President of the European Council, for the follow up with the European Union Countries which recommended to Pakistan in the UPR (2012) for improving the state of human rights in Pakistan. Mr President may urge the member countries to follow up on the current government in thier biletral talks. Pakistan. Please find the letter at: UPR recommendations follow up letter to the President of the European Council by the ISJ Pakistan

UN Secretary General is urged to intervene in Syrian issue

Islamabad: The Institute for Social Justice (ISJ) has demanded the UN Secretary General to intervene in the Syrian matter and otherwise it will be a history’s another big blunder that will bring very big human loss in the region. The ISJ urged the UN for using dialogue and other possible peaceful measures to address any human rights violations being done by the President Asad and his forces. This is the time to stop any possible military attack on Syria, otherwise the world will see uncontrollable and unstoppable disasters.

Pakistan has sidelined and ignored human rights

Pakistan is facing serious challenges in the arena of human rights which ranges from missing persons, extra-judicial killings, police torture, honor killings, hunger, malnutrition, extreme poverty, unemployment, child sexual abuse, murders of child domestic workers, bonded and forced labour, illiteracy, militancy and so on.

On the other hand Pakistan Muslim League Nawaz Government has categorically ignored and sidelined human rights issues which can be sensed from the fact that the Government has merged the Ministry of Human Rights with the Ministry of Law and Justice which has created serious bureaucratic hurdles and complications in the monitoring, responding and preventing human rights violations as well as promoting human rights culture. In other words, the business of human rights is totally halted. With the merger, there is no central and independent body that could monitor, respond and take preventive measures against human rights violations.

In October 2012, in the Human Rights Council, during the Universal Periodic Review session, Pakistan defended its position by continuously repeating that it has enacted the National Commission for Human Rights Act, through which the National Commission for Human Rights will be set up, and this Commission will panacea of all ills. But sadly to date neither the Commission has been notified nor Chairperson and its members have been appointed nor in the current budget (2013-14) funds are allocated for the running of the Commission.

Pakistan has also not submitted its treaty specific reports to the concerned committees, the reports include: a) The fifth periodic report to the Committee on the Rights of the Child which was due in December 2012 b) The initial report to the Committee on Social, Economic and Cultural Rights which was due on 2010 c) The initial report to the Human Rights Committee on Civil and Political Rights was due in 2011.

The Institute for Social Justice (ISJ) calls on the UN for urging and reminding Pakistan about its role and responsibilities to respect, protect and fulfill every right of its citizens and take immediate actions to: a) respect and implement human rights treaties and submit initial and periodic reports; b) restore independent status of the Ministry of Human Rights; c) after consultation with the apposition, issue notification for the establishment of the Commission; d) appoint Chairperson and members of the Commission; and, e) allocate funds for the running of the NCHR as per Section 23 of the NCHR.

Father urges to protect his children from corporal punishment in Punjab’s school

Islamabad: Muhammad Bilal s/o Muhammad Nawaz has sent a request email to the Institute for Social Justice (ISJ) for helping his children (Muhammad Ummar and Maria Bilal) and all other children `of the vicinity to be protected from brutal torture of teachers of Hamid Minhaj Model School, Taliri Muzaffargarh (Punjab- Pakistan). When contacted with Bilal on the given cell number (which he had shared in the email), he told that teachers have brutally tortured his two children (Muhammad Ummar and Maria Bilal) with sticks on legs and hands, and with slaps on face. It is not only common treatment of teachers with his children but all children of the vicinity are victims of the brutality of teachers. He also shared that day before yesterday (On 1st July 2013) his son had missed the school, for which, his teacher had hit 10 times on his both hands with a stick and his son was unable to open his hands then. Bilal also shared that teachers jointly beat children by holding them by their legs and arms and hit them on their hips. They have arranged special sticks having plastic pipes on these sticks. Bilal also said that he and many other residents (parents) of the vicinity have complained with the head teacher M. Hamid Afzal and M. Noor Afzal about such cruel treatment of teachers with children but they have turned a deaf ear to the matter. Moreover, Bilal shared that in every summer vacations these teachers open school for giving tuitions to the same children (from 6 to 11am in the morning hours), for which, these teachers charge extra money/fees from children and those children who do not attend these summer tuition classes, they face wrath of teachers when once summer vacations are completed. Bilal asked the ISJ to forward his complaint to the relevant authorities. The ISJ had sent request letters to the District & Sessions Judge Muzaffargrah, but yet not actions are taken. The ISJ requests Chief Minister Punjab for looking into this matter so that these children should be treated humanely because they are our future, they are humans, they have dignity, they have respect, and they have the right to protected from all kinds of abuse and violence, which is their fundamental right. Your good office may conduct an inquiry of the matter and if proven may ask their parental education department to give these teachers exemplary punishments. Your good office may also ask the relevant department to form/constitute school management committees in each school in Muzaffargarh comprising of community people, students, teachers and NGO workers. Besides improving other things they must monitor teachers’ attitude toward students and take actions against cases of cruel treatment with children. In addition to above, your government may enact pending bill on the prohibition of corporal punishment so that a big number of children should not leave school due to brutality of teachers and staff members.

CJ Pakistan requested to take notice of brutal torture and murders of domestic worker children

June 22, 2013- Islamabad: On June 6, 2013, Jameel, 13 years old, succumbed to head injuries and the pain of torture by the employer and died at the rooftop of the rich employer’s house in Multan. The ISJ urges the Chief Justice of Pakistan to take actions against the culprit landlord and protection of Jameel’s family and ban child domestic labour. The ISJ press release says that there has been reported 22 murders of child domestic workers in the last three years since January 2010.

In August 2012,  two minor brothers, Javed 9 and Jameel 13, were taken against their parents’ will from their village Kotla Rahm Ali Shah in Muzaffargarh to work in Multan city as servants in the house of Faheem Abbas Shah, the landlord, for whom, two brothers’ family worked for a number of years.

The parents of the boys repeatedly asked for the return of their sons. They wanted their boys to get education in the city but the landlord Faheem denied the request and did not allow the boys to visit their parents for the past several months and continuously mentally and physically tortured both boys.

According to Jameel’s father (Hameed) and his another brother Javed, on the afternoon of June 6, Jameel tried to pour himself juice but broke the glass pitcher in the process. Javed was not only victim of the brutal torture by his employers but also witness of torture and murder of his brother Jameel. Faheem’s wife, Hina was so enraged on Jameel for daring to drink
her juice and cracking her glass pitcher. She began beating with kicks, fists, punches and with everything that she found easy to throw on Jameel. Jameel managed to escape to the rooftop of the house of the employer where he died due to torture and continuous bleeding.

According to Jameel’s father the person, Hafiz Amjad, who washed the boy’s body was astonished by the bruises on the boy’s body and found large, sharp shards of glasses in the boy’s skull. Hafiz Amjad has asked Jameel for reporting the case and undergoing for an autopsy but Hafiz Amjad’s suggestions were quickly silenced because of Faheem. The hemorrhaging was so severe that they had to pack the head wound with additional gauze minutes before the burial on June 7.

According to Hameed he did not report the case with the police because, he said, “I thought they are landlord and we are mazarey and poor”. He said that Faheem landlord’s cousin is head of the district police in Multan and Faheem’s maternal uncle is prominent PML-N MNA Ahmad Alam Anwar in Bahawalpur.

On June 19, two constables from Jatoi police station had come to meet with Hameed and received complaint on simple paper. Hameed is scarred of life threats to his family.

Hameed also understands how his son, Hafeez, 12 years old, had died two years ago at the house of the same landlord family. Hafeez’s was hit on his head, that is why he had lost consciousness and died after a couple of days, but they did not understand and kept silence because they could not afford enmity with the rich family. Hameed and his family are waiting for the justice of murders of his two minor sons but he does not trust the system but has faith in the Chief Justice of Pakistan. He has asked civil society organizations to get his appeal reach at the Chief Justice of Pakistan.

The ISJ requests the Chief Justice of Pakistan for taking suo-moto on the unreported and unregistered case of murder of child domestic worker (Jameel) and help the victim family and may order to ban child domestic labour in Pakistan, it is the only profession in Pakistan that has resulted so many deaths of children.

Statement: The unending plight of child domestic workers in Pakistan

By the Child Rights Movement (CRM) Punjab, the Institute for Social Justice (ISJ), Society for the Protection of the Rights of the Child and Pakistan Institute of Labour Education & Research (PILER)

There is no end to the plight of Child Domestic Workers (CDWs) in Pakistan. They are in thousands. They are continuously sold, exploited, abused, rapped, sodomized, tortured and killed. It is unfortunate that no other occupation in Pakistan has resulted deaths of children than Child Domestic Labour (CDL). Since January 2010 to June 2013, about 41 cases of CDWs are reported in the media and by civil society organizations. Of these children, 19 died due to severe torture inflicted on them were poisoned to death by their employers. This brief paper shows the severity of the issue and general acceptance of internal trafficking, severe torture, abuse, exploitation, forced labour, slavery and murders of helpless and innocent CDWs in the society and the due permission of the State. Continuously disturbing reporting of torture and murders of CDWs indicate the moral decay of society and the state; both have allowed powerful class to brutally torture and murder children because they belong to poor, marginalized and working class families.

In Pakistan, CDWs are deprived of all fundamental rights given in the Constitution of Pakistan (such as Articles 11, 25 (3), 25A) and even the right to life, merely for the reason of protecting the household sanctity. The government cannot bring in the CDLs in the ambit of labour laws because households cannot be monitored; if monitored, the household sanctity would be violated.

Pakistan acknowledges and prohibits forced labour, external trafficking, slavery and worst forms of child labour only in documents but yet has not been able to take any administrative measures to ban CDL and stop brutal torture and murders of helpless innocent CDWs, mainly girls. Only a few civil society organizations (CSOs) have repeatedly protested and written to all the higher authorities for banning child domestic labour (CDL) by inserting it in the list of banned occupations in the Employment of Children Act (ECA), 1991, but no authority including courts took any measures to protect these millions of CDWs. Through media, a few civil society organizations (CSOs) have also brought to the attention of the UN agencies in Pakistan but all have turned a deaf ear to the issue rather seems the best allies to the powerful class.

In the light of the UNCRC and its Optional Protocol on Sale of Children, ILO’s Conventions 138, 182 and 189 and the Constitution of Pakistan, CDL should be declared a form of slavery and the worst form of child labour and should immediately be banned across the country.

The year 2013’s theme on the international day against child labour is “No to child labour in domestic work”. Will the current government under this theme put an end to this discrimination with children? Will it protect life, security and liberty of innocent children or powerful class? Besides putting an end to the plight of CDWs, the government should pursue the cases of brutal tortures and murders of CDWs and financially and legally help victims’ families.

Please see the detailed report at The unending plight of child domestic workers in Pakistan or at https://isj.org.pk/policy-research/the-unending-plight-of-child-domestic-workers-in-pakistan/

Nawaz government ignores human rights

Islamabad: The Institute for Social Justice (ISJ) congratulated Nawaz Sharif for becoming the third time Prime Minister of Pakistan and pleased with historic democratic transition from one civilian government to another, however, the ISJ showed its concerns for ignoring human rights.

The ISJ press statement said that human rights is not priority agenda of Nawaz Sharif’s government, therefore, the Ministry of Human Rights has been merged with the Ministry of Law and Justice. This current government should give serious and more importance to the challenges Pakistan is facing in the arena of human rights which ranges from missing persons, extra-judicial killings, honor killings, hunger, extreme poverty, unemployment, child sexual abuse, murders of child domestic workers, bonded and forced labour, illiteracy and so on.  With the merger, human rights will receive little attention in the current government’s administration and business. 

It is time for the current government to grab the opportunity to address human rights violations by giving it separate and independent status amongst all other matters. The Ministry of Human Right should be restored with its independent status so that it should continue to monitor human rights violations and equally implement the minimum human rights standards across the country and develop a positive image of Pakistan amongst the nation states 

The press statement also lamented and condemned brutal torture and murder of Siraj Ahmed at police station Shahdra Lahore. The ISJ demanded immediate action against the police officials involved and overhaul of the police culture along with human rights as mandatory part of their pre-and-on service trainings.

May Day: Labour rights in Pakistan

Islamabad: The Institute for Social Justice (ISJ) notices no change in workers, labourers, farmers and haris (share croppers) and their families’ lives rather their situation has deteriorated and worsened badly to the extent that they are committing suicide. The ISJ demanded pro-worker prorgammes and policies, increase of minimum wage up to Rs18000 per month, regularization of informal economy workers, social security a fundamental right of every worker/labourer, compliance with the ILO’s core Conventions and implementation of the International Covenant on Economic Social and Cultural Rights (ICESCR).

On the occasion of May Day, the ISJ’s press statement revealed that due to poor power generation policies and practices, thousands of mills, workshops and factories have partially and completely closed, which has rendered millions of workers and labourers jobless and helpless. Each year thousands of workers die or lose their body parts due to fatal accidents during work. Majority of these do not get any protection and support. The ISJ is concerned that in 2012, Baldia factory disaster 270 workers were burnt alive and thousands were injured, but yet injured and families of deceased are waiting for the compensation.

Though there is no exact number of total workers/labourers in informal sector in Pakistan because of the absence of empirical surveys; however, of the 58 million workers recognized by Pakistan only 2.1 million workers are registered for social security.

Though the Constitution of Pakistan give right to form association so that workers, labourers, employees can get their legal demands accepted, but in many industrial units and organizations, workers/labourers are stopped to form their unions and associations. The ISJ said that over the last five years, inflation has risen and workers and their families have suffered through miseries. Worker/labourers are unable to provide basic amenities to their families. About 90 percent informal economy workers do not have legal protection; they cannot claim minimum wage, decent work, human attitude from owners and employers.

The federal government fixed Rs8000 minimum wage but there are thousands of registered industrial units and workshops, mines, mills where workers are not provided the fixed wage. They work 12 hours for less than Rs5000 per month.  Not only the wage but treatment of the management or employers, owners with workers is harsh and degrading. Still millions of workers are working as bonded labourers along with their families across the country in almost all sectors of the economy but severe types of slavery is found in fisheries, agriculture, brick kiln, mines and domestic work. Besides women, millions of children are working in hazardous conditions without or on nominal wage and without any basic human rights.    

The ISJ is concerned about more than 60 percent of haris in agriculture sector who are deprived of basic rights as well as infrastructure and social security protection. These harsi are faced with salinity and water-logging which have caused decline in the agriculture production. In addition to that, floods in 2010, 2011 and 2012 have devastated the agriculture sector and rendered millions of haris without shelters, food and work.

“Today workers, labourers and haris at the mercy of employers and the government, which have brought them to the verge of it adversity”, the ISJ regretted in the press release. It also said that due to poor performance and role of both employers and the governments, Pakistan is ranked 136th out of 142 countries with regard to labour market efficiency and growth as reported in the Global Competitiveness Report 2012. These both responsible stakeholders have kept workers/labourers in isolation and always marginalized so that they should not be empowered and flourish and ultimately contribute in the national economy.

The ISJ lamented that Pakistan ratified a total of 34 ILO conventions, including eight core conventions but the relevant ministries and departments have not complied with it. Most of the national labour laws are weak or in favour of employers; if there are certain protections for the rights of labourers, these are not used for the workers because labour inspectors, labour courts and labour departments are not effectively working.

The ISJ’s statement said that Pakistan ratified the Internal Covenant on Economic Social Cultural Right on 17th July 2008. In June 2010, Pakistan had to submit initial report which is and there is no progress after the lapse of about three years. Government’s this attitude will not only disappoints international community but also deprives workers and labourers from their basic economic, social and cultural rights enshrined in the ICESCR.

The Senate of Pakistan should immediately pass the Bill called the Constitution (Amendment) Act 2010 introduced as private member bill in 2011 through which a new Article was proposed to be inserted, namely:- “19-B Right to Social Security which stated that every citizen shall have a right to social security which includes provision of such financial resources or basic necessities like food, clothing and health cover through a system of national security service, and the in the absence of social security measures a person, in need of necessary social security cover, may approach the local court which shall refer his/her case to concerned authorities for immediate relief without any delay.