By Dr. Emanuel Adil Ghauri
A few days ago, the Senate and the National Assembly, in a joint session, passed the National Minority Rights Commission Bill by a majority vote. The bill received 160 votes in favor and 79 against. May God grant that this bill—passed with such a majority—will truly make it possible to protect the rights of minorities.
The establishment of a National Commission for Minorities in Pakistan has been debated for decades. Until 1992, various temporary or ad hoc bodies operated under the Ministry of Religious Affairs to protect minority rights.
On 11 May 2020, the National Minorities Commission was formally constituted for a period of three years, completing its term on 10 May 2023. During this period, the commission held 18 meetings to discuss minority rights. However, it did not produce any notable work that could be added to the official record.
Speaking about the establishment of the current Minority Commission, the Law Minister stated that it was formed in light of the 2013 decision of former Chief Justice of the Supreme Court, Justice Tassaduq Hussain Jilani. His comprehensive judgment aimed to protect and promote the rights of religious minorities in Pakistan. According to Justice Jilani, an effective, independent, and legally empowered national commission for minorities is essential, as earlier government commissions faced criticism for their lack of authority and poor performance.
A careful examination of the powers granted to the current commission shows that it, too, lacks authority. Like previous commissions, it holds only an advisory role and is deprived of independent implementation powers. The powers assigned to the commission are as follows:
Powers of the National Minorities Commission
- Monitoring Safeguards:
Authorized to monitor constitutional safeguards related to the promotion and protection of minority rights. - Recommendations to Government:
May send recommendations to the government for effective implementation of constitutional rights. It may also become a party in court proceedings and visit police stations, jails, or any government detention facility. - Review of Detention:
May review the legality of the detention of minority prisoners, suspects under trial, or persons in custody, and recommend legal action in cases of illegal detention. - Access to Information:
May obtain information, data, and records related to minorities from relevant departments. - Policy Recommendations:
Will provide recommendations to the government for the development, empowerment, and problem‑solving of minority communities. - Action Against Hate Speech:
Will identify and recommend action against incitement, hate speech, or discriminatory social media content, and recommend legal action against publishers of hate speech targeting minorities. - Reports to Parliament:
Will submit special reports on minority issues to Parliament through the government. - Monitoring Court Decisions:
Will monitor the implementation of court decisions related to minority rights and seek guidance from the higher judiciary to remove obstacles. - International Engagement:
May participate in international forums and engage with international human rights experts. - Fact‑Finding:
Will investigate incidents related to violations of minority rights and prepare independent fact‑finding reports. These reports will be sent to the government for action. The commission may exercise additional powers necessary for the promotion and protection of minority rights. - Advisory Role to Governments:
Federal and provincial governments may seek the commission’s opinion on matters related to minorities. - Suo Motu Inquiries:
May initiate inquiries on its own, depending on the nature of the complaint. It will have the powers of a civil court, including summoning witnesses, ensuring their attendance, and taking statements under oath. - Financial and Legal Assistance:
Although the federal government is prohibited from allocating special funds for minority rehabilitation, the commission will provide financial and legal assistance to affected minority individuals and will have full administrative and financial autonomy. - Complaint Inquiries:
Will have the authority to inquire into complaints regarding violations of minority rights. It may seek information from government institutions, and if reports are not received within the stipulated time, it may proceed independently.
Critics are asking Law Minister Azam Nazir Tarar why the idea of forming a commission based on Justice Tassaduq Hussain Jilani’s decision emerged after ten years. Is this merely an attempt to justify the move? What additional rights do minorities possess that require protection? They argue that more important than establishing a commission is amending Article 41 of the Constitution to grant minorities equal rights. Minorities should be given the right to elect their own representatives through constitutional amendment, protected from the misuse of blasphemy laws, and safeguarded through legislation preventing forced marriage and religious conversion.
Critics believe the commission was created not to protect minority rights but to reduce international pressure, as global backlash regarding minority rights has intensified this year.
The UK’s All‑Party Parliamentary Group (APPG) and the APPG for International Freedom of Religion or Belief (FORB) have consistently criticized Pakistan’s treatment of minorities. They describe the situation of religious minorities as “grave,” “delicate,” and at a “crisis point,” noting systematic discrimination, persecution, and violence—often exacerbated by specific laws.
Similarly, in 2025, UN experts raised significant concerns about minority rights in Pakistan, particularly widespread violence, discrimination, and extrajudicial killings targeting religious minorities.
According to the latest reports, the European Union Monitoring Commission has been in Pakistan since 28 November 2025 to review the rights of minorities, women, and children. Its confidential findings will form the basis of the 2026 GSP+ report, which will determine whether Pakistan remains eligible for this important trade facility beyond 2027. Over the years, Pakistan has benefited by billions of dollars from this arrangement. In 2022, Pakistan was removed from the grey list on the condition of improving the rights of minorities, women, and children.
The European Union remains deeply dissatisfied with Pakistan’s treatment of minorities and has therefore decided to re‑evaluate the situation before granting GSP+ status again. The government of Pakistan should enact legislation for minorities based on their genuine needs—not merely in response to international pressure.
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