Much to the misfortune of our people, South Asia happens to be one of the most polarized and poverty ridden regions of the world. Multi-facet polarization, illiteracy and poverty are not only complimentary to each other but also create many hurdles in promotion & protection of Human Rights. It has been rightly emphasised at various forums that "One does not enjoy Human Rights on a bare body and empty stomach". Hence, poor countries not only require faster economic growth but also a faster rate of poverty and illiteracy eradication, human development and greater commitment to respect and protect the Human Rights. There is a growing realization that the universality of Human Rights demands across the borders cooperation. The UN organs have been playing an increasingly supportive role to encourage countries to set up National Human Rights Institutions and also to establish Regional & Sub-Regional Human Rights Institutions or Mechanism to ensure adherence and protection of Human Rights in the Member States. It is encouraging that most of the developed countries have now started connecting economic cooperation, aid or support with the democratisation of Institutions of the Third World States and promotion of Human Rights values. The increased awareness in the Civil Society and consistent efforts being made by Non-Governmental Organizations for forging regional cooperation on Human Rights issues, leaves no option to the South Asian Countries but to establish independent and statutory/official National & Regional Institution/Mechanism for the promotion and protection of the Human Rights.

Unlike the SAARC countries most of the other Regional or Sub-Regional Alliances, have appreciated the need to have uniform Human Right Convention and officially constituted machinery to ensure observance and enforcement of the same. Perhaps, the first initiative in this direction was taken by the EU countries, who had not only adopted a common Convention but also established European Court of Human Rights with wide jurisdiction on all matters concerning Human Rights and powers to grant relief to any person, NGO or group of individuals and to disapprove any policy, legislation of any member country and conduct trials. Such Human Right Conventions, Commissions or Courts have also been established by Organization of African Unity, Latin American countries. In our neighbourhood Members of the Association of South East Asia Nations (ASEAN) have been debating on this issue and the final approval on the draft agreement to establish ASEAN Human Rights Commission is under active consideration of the 10 Member States. Some of the ASEAN Countries have already established official statutory National Human Rights Institutions.

Despite sustained efforts by civil society, the respective Governments of the SAARC countries have not made any serious effort to adopt a uniform Human Right Code or Convention and to provide any common forum or mechanism to supervise adherence and implementation of the same. The failure of our Governments, motivated the concerned prominent citizens of the SAARC countries to establish a Non-Governmental Organizations (NGOs) on Regional basis, called "South Asians for Human Rights (SAHR)". It is a broad alliance of peace and Human Rights Activists belonging to the SAARC countries. This was indeed a much needed initiative at non-governmental level to promote awareness and mobilize public opinion with a view to pressurizing the Governments of the SAARC countries to sign a Human Right Charter and establish a common official forum to check the Human Rights abuses in the SAARC countries.

There are a large number of Non-Government Organizations in most of the SAARC countries who actively support various Human Right causes. However, not all the SAARC countries have autonomous official statutory institutions devoted exclusively to address the grievances of the people on Human Right issues. India, Nepal and Sri Lanka are perhaps the only South Asian countries, who have independent statutory National Commission/Court for Human Rights, to provide some relief to their people. National Human Rights Commission, State Human Rights Commission and Human Right Courts were established in India in pursuance of the Protection of Human Rights Act 1993. The National Human Rights Commission in Nepal was established under the Act of 1997, as an independent autonomous statutory body. Similarly the Human Rights Commission in Sri Lanka was established in March 1997 under the Human Rights Commission Act of 1996. In Pakistan the need for such an independent, autonomous statutory body was appreciated by Mohtarma Benazir Bhutto, during her second tenure from 1993-96, when she established

I) a statutory body called 'Tribunal for the Disadvantaged Persons';
II) a permanent non lapsable statutory funds to provide financial assistance and legal aid to women victims of human rights violations, in pursuance of the Fund for Women in Distress Act 1996; and (3) a separate full-fledged Division and Ministry of Human Rights with wide powers to check and monitor in Pakistan compliance with the international human rights conventions, treatises as well as relevant provisions of the constitution and local laws etc., and to promote awareness about human rights both in the administrative machinery and in society at large.

Unfortunately, with the fall of PPP Government in November 1996, all these measures were discarded or made ineffective. Presently only one active and effective official institution in Pakistan is the "National Commission on the Status of Women (NCSW)", appointed by the President of Pakistan. This Commission only addresses some of the human rights issues relating to women.

In South Asian Countries remedy or relief, if any, to the victims of human rights abuses is provided by the Judicial or quasi Judicial Fora, in vast majority of the cases. However, Jurisdiction of the Courts in South Asian Countries, much to our disappointment, is limited to specific violation of any particular law or constitutional provisions relating to some of the human rights and is very heavily dependent upon quality of evidence in each case. The concept of public interest litigation or representative action, which was in its infancy stage, is being discouraged and restricted by our superior Judiciary. The ordinary Courts of law are in any case are not the answer, as they are overburdened with millions of cases. Expeditious and inexpensive justice from the ordinary Courts is still a dream for the oppress people and hollow slogans of the rulers.

The SAARC countries have signed, several Conventions/Charters on Narcotic drugs; combating trafficking in women & children for prostitution; promotion of child welfare, etc. Several agreements have also been signed on Food Security Resort and specific social issues, which require concerted and coordinated actions for the effective realization of their objectives. In the last 12th SAARC Summit, a Social Charter was signed on 4th January 2004 at Islamabad, by the Heads of the States of the SAARC countries. This Charter spells out laudable noble goals and objectives such as of poverty alleviation, promotion of the status of women, education, human resource development, youth mobilization, welfare of the children, population control, promotion of tolerance, pluralism, human dignity, social justice, protection of the rights and interests of minorities, elimination of discrimination in all forms etc. Similarly other SAARC Treaties also address some of the Human Right issues, but so far SAARC has not adopted any specific and detailed uniform Human Rights Convention or Charter nor have they agreed to create any common Regional Institution or Mechanism to monitor adherence and implementation of various Human Rights Conventions, Charters and Treaties signed by the Member Countries or to provide redress to the victim of Human Rights abuses and to impose sanctions/punishments on the perpetrators, may it be Government of the Member Countries or their citizens.

The need for Regional and Sub-Regional uniform Human Right Code/Convention and effective implementing independent official Agency such as Regional Human Right Commissions or Courts has been emphasised time and again by the UN organs and UN sponsored Summits. It is pertinent to mention here that in 1991 UN had sponsored a meeting of the representatives of the Member Countries held in Paris, which had laid down a detail set of principles to guide as to how to promote and ensure protection of human rights on Regional & National basis. These are commonly known as "The Paris Principles". These principles were subsequently endorsed by the UN Commission on Human Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly (Resolution 48/134 of 20 December 1993). The main characteristics of the Regional/National Human Rights Institutions envisaged in the Paris Principles are:

a) Independence, which is a consequence of their establishment under the constitution of the country or under a statute.
b) Autonomy from the State.
c) Pluralism, reflective of the society they represent.
d) Broad mandate based on universal human rights standards.
e) Adequate powers to conduct enquiry, investigations, intervention in any proceedings, make mandatory recommendations and conduct trial in specific cases.
f) Sufficient resources.

Institutions set up under the Paris Principles do display a great deal of commonality in perception of human rights issues and approach to protect and promote the same. I, therefore, suggest that South Asian countries must, without any further delay, also agree to a uniform Human Right Code and set up institutions under the Paris Principles. For this purpose I suggest the following course of action:-

1. Adopt a uniform comprehensive Human Right Code/Convention, enforceable on all the Member States of South Asia. Drafting of such a uniform Code is not an uphill task. With the help of the UN Human Right Charter, European Convention on Human Rights and other related Treaties, it will not be difficult to present a working draft for consideration and adoption by the respective Governments, once a decision is taken to bring this issue on the agenda of the next SAARC Summit.

2. Identify the maximum possible International Conventions/Treaties & Charters relating to Human Right issues, which the Member States agree to honour, abide and enforce.

3. Across the border cooperation to prevent and eradicate Human Right abuses, terrorism and other organized crimes and undesirable practices such as slavery, trafficking of women, children, drugs, smuggling etc.

4. Extending help and assistance to the Governments of each other States in South Asia, in their endeavour to establish their own National Institutions in conformity with the Paris Principles.

5. Mutual support to strengthen the capacity of National Institutions of the Member States to undertake their mandates.

6. Promoting regional cooperation on all human rights issues.

In this regard, the European Convention of Human Rights/European Court of Human Rights, the Asia Pacific Forum of National Human Rights Institutions, the African Commission of Human & People Rights, are successful illustrations of step by step building block approach and joint efforts in the making of a regional mechanism for the protection and promotion of Human Rights in South Asian Countries, as well. What appears to be imperative is a sincerity of purpose and bona fide commitment to set up such regional mechanism. A beginning with certain minimum common denominators of easily achievable but significant objectives, projects and programmes. In my opinion, a regional common mechanism in the South Asian Countries must precede the establishment of mechanism in the form of Official/Statutory Human Right Commissions/Courts on national level in every South Asian Country. As stated above at least three of the SAARC countries already have statutory National Human Right Institutions. Other Member States must establish the same in accordance with the 'Paris Principles', to provide the first effective edifice for the protection and promotion of Human Rights in the region.

The writer is a Senior Advocate at the Supreme Court of Pakistan, former Senator, Attorney General and Federal Minister for Law, Justice, Parliamentary Affairs and Human Rights of Pakistan during the last Benazir Bhutto government