Challenges to the NCHR's Effectiveness in Pakistan and Recommendations for its Institutional Strengthening

Abstract

The National Commission for Human Rights (NCHR) is the body established by the NCHR Act 2012 for the promotion and protection of the right to life, which is guaranteed by Article 9 of the Constitution. But legal, institutional and political issues greatly limit the Commission's effectiveness. This article critically assesses the mandate of the NCHR, its limitations in functioning and its inability to provide justice in cases of disappearances, extra-judicial killings and custodial deaths. It points to the main challenges, such as interference with appointments, the lack of access for armed forces and intelligence agencies to Section 14 investigation, the lack of enforcement mechanisms, systematic underfunding, and the lack of cooperation with judiciary and law enforcement agencies. The article also looks at the loss of public faith and the Commission's lack of provision for meaningful victim support. It ends with detailed suggestions for reform, such as the expansion of mandates, enforcement powers, independence of operations, greater public interaction, and institutional development to make the NCHR an effective human rights defender.