Together for Tolerance: Strengthening Minority Rights and Inclusion

Comprehensive Mapping of Minority Rights Landscape – Civil and political rights

TOR for the Consultant

Background

Project:

Parliamentarians Commission for Human Rights (PCHR) is pursuing a European Union funded project “Together for Tolerance: Strengthening Minority Rights and inclusion” in the selected districts of Sindh and Punjab. The project aimed at promoting an inclusive, equitable, and tolerant society in Pakistan, where religious minorities enjoy legal, social, and economic rights, leading to mutual respect and equal opportunities among all communities.

Specific Objectives of the Study

The study aims to conduct a comprehensive legal and policy analysis of the civil and political rights of religious minorities in Pakistan. It will assess constitutional provisions, legislative instruments, and institutional frameworks at both federal and provincial levels, particularly in Punjab and Sindh. The analysis will evaluate the alignment of these frameworks with Pakistan’s obligations under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR). Key focus areas will include political participation, representation in governance structures, freedom of religion, and protection from discrimination and violence. The study will identify legislative and policy gaps, assess inter-provincial variations, and provide actionable recommendations to enhance legal protections and policy coherence for religious minorities.

Scope of Work:

In addition to a comprehensive desk review, the study will adopt a participatory and context-sensitive approach to map the civil and political rights landscape of religious minorities in Pakistan. It will examine both the legal frameworks and their implementation at the federal and provincial levels, with a focus on Punjab and Sindh. The consultant will engage key stakeholders—including government officials, legal experts, community leaders, and civil society representatives—to gather practical insights and document institutional practices. The mapping will also include an analysis of landmark judicial decisions, operational mechanisms (such as commissions and minority cells), budgetary allocations, and the role of education and media in influencing civic and political inclusion. Field consultations in selected districts will further contextualize the legal review, offering a grounded understanding of the barriers and opportunities for advancing the civil and political rights of religious minorities

Federal-Level Analysis:

• Review the relevant constitutional provisions, particularly Articles 20, 22(1), 25, 27, 36, 37, and 38, which pertain to the freedom of religion, equality before the law and non-discrimination.
• Analyze the existing and pending federal legislation relevant to religious minorities, such as the Minority Rights Protection Act, the National Commission for Minorities Bill, and other relevant frameworks
• Evaluate the national policies and initiatives aimed at the protection of religious minority rights, including government programs focused on minority welfare and inclusion.

Provincial-Level Analysis:

Punjab:

• Examine the Punjab Religious Properties Protection Bill, the Protection to Communal Properties Ordinance 2002, and the Punjab Curriculum and Textbook Board Act (particularly in relation to religious education and the inclusion of minority perspectives in educational materials).
• Review provincial policies, regulations, and initiatives related to minority welfare, including allocations for minority communities and religious freedom protections.

Sindh:

• Analyze the Sindh Minorities Rights Commission Act, Hindu Marriage Act, Sindh Protection of Communal Properties of Minorities Act, the Sindh Protection of Minorities Bill, and other relevant provincial policies that address religious minorities rights.
• Assess the impact of these policies on political participation, religious freedoms, and minority integration into the broader socio-political framework of the province.

Gap Analysis and Inter-Provincial Comparison:

• Identify and analyze any gaps between federal and provincial legislative frameworks regarding the protection of rights of religious minorities.
• Conduct a comparative analysis between Punjab and Sindh’s approaches to minority rights, identifying variations in the interpretation and enforcement of policies and their outcomes for minorities.

Alignment with International Standards:

• Examine how the existing frameworks align with international human rights standards, particularly Pakistan's commitments under international treaties such as the International Covenant on Civil and Political Rights (ICCPR), UDHR and other relevant conventions.
• Provide an analysis of the extent to which Pakistan's laws and policies reflect best practices in minority rights protection, considering both regional and global standards.

Focus on Civil and Political Rights:

• Analyze the legal frameworks that govern the political participation of minorities, focusing on electoral representation, access to decision-making bodies, and the right to political expression.
• Examine protections for religious freedoms, including the right to practice, manifest, and propagate religion without discrimination.
• Assess the constitutional safeguards that ensure minorities' rights to equality before the law, non-discrimination, and protection from violence or persecution.

Deliverables

The consultant will be expected to deliver the following outputs:

1. Inception Report:
• Detailed outlines/methodology and work plan, outlines the approach for conducting the analysis, data collection methods, and key milestones.
• A timeline for completing each phase of the study.
2. Draft Report:
• A comprehensive report that includes:
• A review of the federal and provincial frameworks regarding the rights of religious minorities.
• An analysis of the alignment of these frameworks with international human rights standards.
• Identification of legal gaps and policy inconsistencies.
• A comparative analysis between the approaches in Punjab and Sindh.
• Preliminary recommendations for policy reform and improved legal protections.
3. Final Report:
• A revised version of the draft report, incorporating feedback from stakeholders and experts.
• Final recommendations for strengthening the civil and political rights of religious minorities both at federal and provincial levels.
4. Presentation:
• A presentation summarizing the findings, gaps identified, and recommendations, to be delivered to the relevant stakeholders, including government representatives, human rights bodies, and civil society organizations.

Qualifications and Experience

The Consultant must possess the following qualifications:

Education: Advance degree in in Law, Human   Rights, Public Policy, or a related field.                                          

 Experience:

• At least 5-7 years of experience in conducting research on human rights, minority rights, or inclusion.
• Proven experience in data collection and analysis, with a strong understanding of both qualitative and quantitative methods.
• Familiarity with Pakistan’s legal framework on minority rights, federal and provincial policies, and various initiatives.
• Strong understanding of the political context of religious minorities in Pakistan, particularly in Punjab and Sindh.

Duration of the Consultancy

The consultancy is expected to be carried out over a period of 3 months from the date of the contract signing, with specific milestones for the inception, draft and final report submission.

Reporting Line and Communication

The Consultant will report directly to the Project Director or Project Coordinator and will be expected to maintain regular communication with relevant stakeholders at both the national and provincial levels. The Consultant will be required to provide regular updates on the progress of the study.

Evaluation Criteria

Proposals will be evaluated based on the following criteria:

• Relevant experience and qualifications.
• Understanding of the scope and objectives of the study.
• Methodological approach and work plan.
• Budget and cost-effectiveness.
• Proposed timeline and deliverables.

Budget and Payment Terms

The Consultant’s fee will be determined based on the agreed-upon budget. Payments will be made in installments according to the following milestones:

• 30% upon submission and approval of the inception report.
• 40% upon submission and approval of the draft report.
• 30% upon submission and approval of the final report.

Confidentiality and Ownership of Work

All data, reports, and materials produced as part of this consultancy will remain the intellectual property of the hiring organization. The Consultant must maintain strict confidentiality regarding the information gathered during the study.