Simorgh Annual Report 2007
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Reforming the Judiciary in Pakistan
REFORMING THE JUDICIARY IN PAKISTAN Asia Report N°160 – 16 October 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION ............................................................................................................. 1 II. BACKGROUND................................................................................................................ 3 A. ISLAMISING THE POLITY ..............................................................................................................3 B. VALIDATING MILITARY INTERVENTIONS .....................................................................................3 C. DEMOCRATIC TRANSITION AND JUDICIAL REFORM......................................................................5 III. ISLAMISING THE LEGAL SYSTEM: INSTITUTIONALISED DISCRIMINATION.......................................................................................................... 6 A. THE BLASPHEMY LAW.................................................................................................................6 B. TARGETING AHMADIS..................................................................................................................8 C. WOMEN AND THE HUDOOD ORDINANCES ..................................................................................10 D. THE FEDERAL SHARIAT COURT .................................................................................................11 IV. RESTORING THE RULE OF LAW ........................................................................... -
File-1 Intro Paes
Special Bulletin 2002 Karo Kari TorTora, Siyahkari, Kala Kali “There is no ‘honour’ in killing” National Seminar Report 25 November 2001, Lahore PDF created with pdfFactory Pro trial version www.pdffactory.com The use of any material from this publication is to be acknowledged. Editors: Nabila Malick, Ishrat Saleem, Insha Hamdani Printed by Arqam, Lahore (2003) Tanslation: Mohammad Ali and Ali Zeeshan For funding we thank: Novib, Norad, SDC and Dfid Published by Shirkat Gah Women’s Resource Centre P.O. Box. 5192, Email: [email protected] [email protected] Lahore, Pakistan. P.O.Box. 13871 , Email: [email protected] Karachi, Pakistan P.O.Box. 747, [email protected] Peshawar, Pakistan. PDF created with pdfFactory Pro trial version www.pdffactory.com Glossary diyat blood money payable to the heirs of a victim in case of murder faislo variously used in Sindhi for the resolution of a dispute, a decision and a judgement; also used to describe the traditional system of adjudication/settlement ghairat honour hadith sayings of the Prophet Mohammad (pbuh) harjana compensation ijtahad interpretation by the Muslim community iwaz compensation in the form of girl or money jirga tribal council kala kali refers to honour killings in Punjab where the victims are accused of illicit relationship (kala being man; kali being woman) karo kari refers to honour killings in Sindh where the victims are accused of illicit relationship (karo being man; kari being woman) khoon-baha blood money kot village mairh a delegation of local notables -
Aurat Foundation
ResearchedMaliha Zia and Written By Pakistan NGO Alternative Report Riffat Butt onExecutive CEDAW Summary– 2005-2009 (With Updated Notes - 2009-2012) Articles 1 – 4: ReviewedNeelam Hussain By Naeem Mirza Definition of Discrimination; Policy Measures Nasreen Azhar to be undertaken to Eliminate Discrimination; Guarantee of Younas Khalid Basic Human Rights and Fundamental Freedoms on an Equal ArticleBasis with 5: Men; Temporary Special Measures to Achieve ArticleEquality 6: Article 7: Sex Roles and Stereotyping Article 8: Trafficking and Prostitution Data Input by Aurat Article 9: Political and Public Life Foundation’s Team Participation at the International Level Article 10: Mahnaz Rahman, Rubina Brohi Nationality Article 11: (Karachi), Nasreen Zehra, Article 12: Equal Rights in Education Ume-Laila, Mumtaz Mughal, Article 13: Employment (Lahore), Shabina Ayaz, Article 14: Healthcare and Family Planning Saima Munir (Peshawar), Economic, Social & Cultural Benefits Haroon Dawood, Saima Javed Article 15: (Quetta), Wasim Wagha, Rural Women Article 16: Rabeea Hadi, Shamaila Tanvir, General RecommendationEquality before the 19: Law Farkhanda Aurangzeb, Myra Marriage and Family Imran (Islamabad) Violence against Women ChaptersImplementing Contributed CEDAW By in Pakistan DemocracyBy Tahira Abdullah and Women’s Rights: Pakistan’s Progress (2007-2012) Decentralization,By Ayesha Khan 18th Constitutional Amendment and Women’s Rights MinorityBy Rubina WomenSaigol of Pakistan: A Case of Double Jeopardy By Peter Jacob and Jennifer Jag Jewan Prepared By ii ThisAll publication rights is provided reserved gratis or sold, subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than in which it is published and without a similar condition being imposed on the subsequent publisher. -
NEWS and EVENTS News and Reports Amnesty Film Festival
Member Center | Student Center NEWS AND EVENTS Home > News and Events > News and Reports News and Reports PAKISTAN Amnesty Film INSUFFICIENT PROTECTION OF WOMEN Festival government of Pakistan vigorously condemns the p Annual General 1. INTRODUCTION Meeting Regional For years, women in Pakistan have been severely disadvantaged and discriminated against. Conferences They have been denied the enjoyment of a whole range of rights - economic, social, civil and political rights and often deprivation in one of these areas has entailed discrimination in Leadership Summit another. Women who have been denied social rights including the right to education are also Local Events often denied the right to decide in matters relating to their marriage and divorce, are more easily abused in the family and community and are more likely to be deprived of the right to Nationwide Events legal redress. Often abuses are compounded; poor girls and women are trafficked and subject to forced marriage, forced prostitution or exploitative work situations such as bonded labour. In all of these situations they are likely to be mentally, physically and sexually abused, again without having the wherewithal to obtain justice.(1) Since publishing its 1999 report, Pakistan: Violence against women in the name of honour(2), Amnesty International has found that while few positive changes have taken place in the area of women's rights, the state in Pakistan still by and large fails to provide adequate protection for women against abuses in the custody of the state and in the family and the community. In fact, the number of victims of violence appears to rise. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
Disclaimer: the Views and Opinions Expressed In
Disclaimer: The views and opinions expressed in this paper are those of the authors and do not necessarily reflect the official policy or position of the Legal Aid Society, DAI Pakistan or the Foreign Commonwealth Office. The contents of this Research Paper are the exclusive Intellectual Property of the Legal Aid Society and any unauthorized reproduction, distribution, modification, use, or transmission of this work in any form or by any means, including photocopying or through any other electronic or mechanical methods is illegal and will constitute infringement of such Intellectual Property Rights. The Legal Aid Society shall be identified as the copyright owner on any authorized reproduction, distribution, use or transmission of this work. Rights? What Rights? An Analysis of Emerging Human Rights from Constitutional Case Law in Pakistan Maliha Zia is an Advocate High Court with an LLM in International Protection of Human Rights from School of Oriental and African Studies (University of London), London. She is a researcher, trainer, legislative drafter and an Advocate, consulting on gender, law, religious minorities and human rights. She can be contacted at [email protected] Barrister Aiyan Bhutta is an Advocate High Court and a Barrister-at-Law from Lincoln’s Inn. He is a practicing lawyer specializing in the field of criminal law. Apart from undertaking criminal trials, Aiyan regularly represents individuals in Criminal Appeals before the High Courts of Pakistan. Moreover, Aiyan also has experience training different actors within the criminal justice system in areas such as international human rights law, laws relating to women and minorities along with research and advocacy skills. -
WHITHER PAKISTAN Map Remove.Pmd
WHITHER PAKISTAN? GROWING INSTABILITY AND IMPLICATIONS FOR INDIA Institute for Defence Studies and Analyses New Delhi 1 Whither Pakistan? Growing Instability and Implications for India Cover Illustration : Maps on the cover page show the area under Taliban control in Pakistan and their likely expansion if the Pakistani state fails to take adequate measures to stop the Taliban’s advance, which may lead to the fragmentation of Pakistan. Maps drawn are not to scale. © Institute for Defence Studies and Analyses, New Delhi. All rights reserved. No part of this publication may be reproduced, sorted in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photo-copying, recording or otherwise, without the prior permission of the Institute for Defence Studies and Analyses (IDSA). ISBN: 81-86019-70-7 Disclaimer: The views expressed in this report are of the Task Force and do not necessarily reflect those of the Institute and the Government of India. First Published: June 2010 Price : Rs 299/- Published by: Institute for Defence Studies and Analyses No.1, Development Enclave, Rao Tula Ram Marg, Delhi Cantt., New Delhi - 110 010 Tel. (91-11) 2671-7983 Fax.(91-11) 2615 4191 E-mail: [email protected] Website: http://www.idsa.in Printed at: A.M. Offsetters A-57, Sector-10, Noida-201 301 (U.P.) Tel.: 91-120-4320403 Mob.: 09810888667 E-mail : [email protected] 2 CONTENTS FOREWORD..............................................................................................................................5 LIST OF A BBREVIATIONS.........................................................................................................7 -
The Zina Hudood Ordinance</Em>
Journal of International Women's Studies Volume 7 | Issue 2 Article 5 Nov-2005 Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women Rahat Imran Follow this and additional works at: http://vc.bridgew.edu/jiws Part of the Women's Studies Commons Recommended Citation Imran, Rahat (2005). Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women. Journal of International Women's Studies, 7(2), 78-100. Available at: http://vc.bridgew.edu/jiws/vol7/iss2/5 This item is available as part of Virtual Commons, the open-access institutional repository of Bridgewater State University, Bridgewater, Massachusetts. This journal and its contents may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. ©2005 Journal of International Women’s Studies. Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women By Rahat Imran1 Abstract During recent decades the women of Pakistan have been the most vulnerable and convenient targets of social, domestic and sexual violence. This paper will examine the trend of sexual violence against women that emerged in Pakistan with the introduction of the Islamization process through the implementation of the Sharia laws since1979. The paper's main focus will be on rape and the state legislation that governs it, namely the Zina Hudood Ordinance of 1979 and the Law of Evidence of 1984, and how the gender- discriminatory nature of these laws serves as a powerful weapon in the hands of the patriarchal society of Pakistan to subjugate women. -
High Court of Sindh Annual Report 2003
High Court of Sindh Annual Report 2003 NATIONAL JUDICIAL POLICY MAKING COMMITTEE THIS PAGE BLANK High Court of Sindh Annual Report 2003 c 2004 National Judicial (Policy Making) Committee This Annual Report is published by the Secretariat of the Law and Justice Commission of Pakistan This report can be viewed at the Supreme Court website http://www.scp.com.pk as well as at the Law and Justice Commission of Pakistan webste http://www.ljcp.com.pk. Comments and suggestions may be sent to the Secretariat of the Law and Justice Commission of Pakistan, Supreme Court Building, Islamabad. Tel: 051-9220483, 051-9214797 Fax: 051-9214416 email: [email protected]. Contents 1 FOREWORD BY THE CHIEF JUSTICE 1 2 INTRODUCTION 3 2.1 History of the High Court of Sindh ........................... 3 2.2 The High Court of Sindh at Present ........................... 4 2.3 The Principal Seat of the High Court and Court Buildings .............. 4 2.4 Jurisdiction ........................................ 5 2.4.1 Original Jurisdiction ............................... 5 2.4.2 Appellate Jurisdiction .............................. 5 2.4.3 General ...................................... 5 2.4.4 Other Courts ................................... 5 Civil. ........................................ 5 Criminal. ..................................... 5 Special Courts and Tribunals. .......................... 6 2.5 List of Judges ....................................... 6 2.6 Bio Data of Mr. Justice Saiyed Saeed Ashhad, Chief Justice High Court of Sindh .. 8 2.7 Judges of the High Court of Sindh ............................ 10 3 THE HIGH COURT OF SINDH—JUDICIAL ACTIVITY 25 3.1 Consolidated Statistics for the High Court of Sindh .................. 25 3.1.1 Consolidated Statement for the High Court of Sindh from 1996 to 2003 show- ing Institution, Disposal and Pending Balance of Cases ........... -
The Failure of Reform in Uzbekistan: Ways Forward For
BUILDING JUDICIAL INDEPENDENCE IN PAKISTAN 10 November 2004 Asia Report N°86 Islamabad/Brussels TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION .......................................................................................................... 1 II. THE STRUCTURE AND HISTORY OF PAKISTAN'S JUDICIARY.................... 2 A. THE STRUCTURE OF PAKISTAN'S JUDICIARY ............................................................................2 B. COURTS AND POLITICS: PRE-1999 ENTANGLEMENTS.........................................................3 C. THE SUPREME COURT AND THE 12 OCTOBER 1999 COUP ..................................................5 III. JUDICIAL APPOINTMENTS AND PROMOTIONS ............................................... 6 A. THE CONSTITUTIONAL FRAMEWORK.....................................................................................6 B. APPOINTMENTS AND PROMOTIONS IN PRACTICE..................................................................8 C. REFORMING THE APPOINTMENT AND PROMOTION OF JUDGES ...........................................11 IV. THE REMOVAL OF JUDGES................................................................................... 12 A. MEANS OF REMOVING JUDGES............................................................................................12 B. REFORMING REMOVALS AND STEMMING CORRUPTION.......................................................13 C. "ADDITIONAL" HIGH COURT JUDGES ..................................................................................14 -
Simorgh Annual Report 2008
SIMORGH Women Resource and Publication Centre, Lahore Annual Report 2008 Contents 1. Bayan 2. A public Lecture by Najma Sadeque 3. The Lahore Walled City Project Planting the Seeds of Change 4. Pathways of Women’s Empowerment: Research Program in Collaboration with BRAC University, Dhaka Bangladesh 5. Tracking Change impact of women’s religious gatherings on their lives supported by Heinrich Boll Foundation (HBF) 6. PUBLICATIONS i. Primers ii. Nayee Soch Naye Qadam iii. The Romance of Raja Rasalu and Other Tales Year in Review 2008 was a lean year for Simorgh, as the impact of global recession combined with policy shifts among donor agencies made access to funding more difficult. The situation was further exacerbated by the falling through of a major project due to at source policy changes based on a shift in priority issues. Simorgh was not alone in having to face sudden cut backs, but this was small comfort. However, in so far as our work was concerned, the year was marked mainly by the finalization of on-going projects drawing to a close, applying for new projects and awaiting news about those already applied for. The year’s focus was on field research, mainly in the area of women’s empowerment in relation to new and old spaces with reference to old and new religious practices and the impact of modern information technologies on their lives. Publications included our ongoing human rights school texts series, the socio-legal journal Bayan and our desk research folktale project, The Romance of Raja Rasalu and Other Tales. I Lahore Walled City Community Project: Planting the Seeds of Change III Planting the Seeds Change III is a community project for women in Lahore’s Walled City. -
Women and Human Security in South Asia: the Cases of Bangladesh and Pakistan
WOMEN AND HUMAN SECURITY IN SOUTH ASIA: THE CASES OF BANGLADESH AND PAKISTAN Saba Gul Khattak, Kiran Habib And Foqia Sadiq Khan Submitted by Sustainable Development Policy Institute SDPI Table of Contents Chapter I The Theory and Practice of Gender and Security in South Asia 1 Chapter II The State and Human Security Discourses in Bangladesh and Pakistan 20 Chapter III Situation Analysis of Women‟s Status in Pakistan and Bangladesh 39 Chapter IV Policies on Women 89 Annexure 109 Chapter I THE THEORY AND PRACTICE OF GENDER AND SECURITY IN SOUTH ASIA I. INTRODUCTION The crisis of development in South Asia in combination with the deepening patterns of conflict —political, ethnic, and religious—underscore the need to develop an alternative perspective on security in the region. We believe that one important initial step toward creating an alternative discourse on security will be first to privilege the experience and voices of women who speak from a women sensitive perspective on their security and whose ideas must form an integral part of a revised discourse on security. Such a discourse has already been articulated in its initial theoretical forms and now needs to be supported by country-specific data. The purpose of this manuscript, therefore, is to bring a gender sensitive approach into the discourse and practice on human security in Bangladesh and Pakistan. Within this broad framework our specific objective is: a) To provide an intellectual understanding of the concept of gendered human security through synthesis of academic discourse and scholarship, good practices and policies; b) To document and analyze prevailing practices on gendered human security; c) To contribute to the building of standards and norms of measuring human security by developing a conceptual basis for the rationale behind the need for a separate framework for women‘s insecurity through the introduction of (direct and structural) violence against women into the framework.