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A S I A N H U M A N R I G H T S C O M M I S S I O N The Law, Patriarchy and Religious Fundamentalism: Women’s Rights in Pakistan ASIAN LEGAL RESOURCE CENTER ASIAN HUMAN RIGHTS COMMISSION A S I A N H U M A N R I G H T S C O M M I S S I O N Liliana Corrieri The Law, Patriarchy and Religious Fundamentalism: Women's Rights in Pakistan. Mrs. Liliana Corrieri ISBN: 978-962-8314-65-2 (Online version) ISBN: 978-962-8314-64-5 (Print version) AHRC-ALRC-PUB-005-2013 Published by Asian Legal Resource Center (AHLC) Asian Human Rights Commission (AHRC) Unit 1 & 2, 12/F., Hopeful Factory Centre. 10-16 Wo Shing Street, Fotan, New Territories. Hong Kong SAR, China. Telephone: +(852) 2698-6339 Fax: +(852) 2698-6367 E-mail: [email protected] Web: www.humanrights.asia Printed by Visionaries Division 90-A, Airline Housing Society Near University of Central Punjab, Khayaban-i-Jinnah, Lahore +92-42-35954990, 35955190 December 2013 Cover Photograph: courtesy of The Post Internazionale, Italy, August 2013. Women police station in Lahore. Police woman's uniform - in detail. It is possible to read "KARATE DO" on her pin, indicating that the agent is trained in hand-to-hand combat. Photographer: Mr. Cesare Baccheschi. Content Acknowledgments 07 I. Introduction 11 II. “No laws will be passed which are repugnant to the Quran and Sunnah” 17 III. In the name of ‘honour’: a clash between indefensible customs and undeniable rights 27 IV. Ineffective prosecuting units and widespread impunity 45 V. Structural violence, toxic masculinity and gender sensitisation 63 VI. Acid throwing and facial disfigurement: an execution without death 77 VII. The double burden of being a woman from a minority group 86 VIII. “A symbol of hope, a daughter of the United Nations” 99 IX. Conclusions 115 Appendix 122 One: A selection of relevant articles 122 Two: Convention on the Elimination of All Forms of Discrimination against Women 187 Three: Declaration on the Elimination of Violence against Women 201 Four: Law Amendment Acts 209 Reference list, suggested sources, useful websites, film & documentaries 251 Foreword The women of Pakistan bear the brunt of poor governance, military strife, and the corruption of the social, political and economic systems which surround them. W omen make up 49% of the population of Pakistan, yet they are continuously marginalized and discriminated against by the middle class and feudal societies, and through political and social structures which are inherently misogynistic. Recently, eruptions of violence in cities across the region have prompted new concerns that militia are specifically targeting women in their terror campaigns. As an explicitly Muslim state, the women of Pakistan are beholden to a number of Islamic principles. For one, the family is seen as the nucleus of society, the fundamental building block from which the rest of society emerges and evolves. Women are seen to be responsible for maintaining the sanctity of the family, and are thus those who are most likely to disrupt this sanctity. As such, the woman becomes the lynch pin of an ordered society; it is on her back that responsibility and power lies, both for her family and by extension, for all of society. While the violence against women enacted in this society occurs for manifold reasons, it seems that this understanding of women as both the lynch pin and the one with the power to unravel society, is a contributing factor to the continual mistreatment of women in Pakistan. Violence against women is seen to be of no importance to the judiciary of Pakistan, particularly the lower judiciary. Women face numerous types of violence perpetuated by the state and its agents, including rape, gang rape, torture, registration of false cases of adultery, honour killing, Jirga (an illegal, parallel judicial system for the exchange of minor girls in land disputes,) burying alive or putting before dogs, acid throwing, no free choice of marriages, restriction of freedom of movement and expression, domestic violence, sexual harassment at the workplace, snatching of children, forcing conversion to Islam, blasphemy, deprivation of property rights, disappearance after arrest and being used as sex slaves in military torture cells. The main causes of this violence stem from a lack of proper investigative mechanisms by the police, and the presence of a strong feudal system, which contribute to the ultimate failure of the judicial system. In the urban centers of the country, the judiciary is indirectly under pressure from the landed aristocracy, as in the case of rural areas where there is no question of women getting relief (not even bail after arrest) from the lower judiciary. In the past years, the Pakistan Desk at the Asian Human Rights Commission (AHRC) has broadly worked on the problem of violence and other forms of violation of fundamental human rights suffered by women in the country. Several cases of gender-based violence and discrimination have become urgent appeals and have been also brought to the attention of authorities in Pakistan and relevant United Nations' Special Rapporteurs as well as the UN Human Rights Council. The Pakistan desk of AHRC has come out with the book, The Law, Patriarchy and Religious Fundamentalism: Women's Rights in Pakistan which was based on the research conducted by Liliana Corrieri and cases worked by the AHRC. Due to her interest in gender issues, Liliana was asked if a piece of work on women's rights in Pakistan could interest her. She was very happy to accept this assignment and throughout the process of researching and writing she proved solid dedication and firm commitment. It was a challenging task for her, considering the harshness of the cases under consideration and her Italian roots, which entail a profoundly different mindset in its understanding of human interactions and a diverse set of social norms and cultural practices. Her unrelated background, though, could guarantee a very analytical approach and an objective analysis of those serious levels of inequality which affect women in Pakistan and translate into the disrespect they suffer from a legal, civil, social and economic perspective. In her work, Liliana explored the recent history of Pakistan, the several abuses beared by Pakistani women of all ages and the way such crimes continue to be perpetuated and condoned in the name of customs, tradition and religion. Her analysis also covered the prosecution and judicial systems operating in the country, as two fundamental state apparatuses whose inefficiency and gender-bias further bear upon any form of remedy women may hope for. This book should not be seen as a throughout and comprehensive analysis of the status of women in Pakistan. It wants to offer an investigation based on the cases documented by the AHRC and a sincere interrogation of mindsets, attitudes and practices. Baseer Naweed Acknowledgments This book provides an overview of the most customary violations of human rights suffered by women in Pakistan. Gender-based violence and discrimination are explored in their historical, religious and cultural perspectives, and this analysis is supported by relevant narratives. All cases mentioned are real cases which the Asian Human Rights Commission documented and followed up during an arch of time of approximately five years, between 2007 and 2012. This book is a piece of research-based work. The main source was the country database,accessible via the AHRC website, where additional information on cases, together with views, comments and articles, offered an essential reference frame. Other helpful material was found in other AHRC publications, in particular some volumes of ‘Ethics in Action’ and a multi-lesson series which are part of the ‘Human Rights Correspondence School’. This book was made possible thanks to the consistent help and continual support received by Mr. Baseer Naveed, Ustad Ji, senior-researcher and experienced human rights defender, whom I thank in a particular way for the trust he bestowed upon me and the precious guidance granted to me. I also feel deeply obliged to Professor Akmal Wasim, former lawyer and Professor of Law at the Hamdard University in Karachi, who provided me with a significant insight into the historical, social, religious and cultural background of Pakistan, together with some congruent academic papers. Heartfelt thanks go to Dr. Rajat Mitra, whose clarifications and sessions on trauma and survivors of abuse also contributed towards the consistency of my argument. Finally, I would like to express my sincere gratitude to the Asian Human Rights Commission for granting me a chance at the organisation. 07 08 “The history of men's opposition to women's emancipation is more interesting perhaps than the story of that emancipation itself.” Virginia Woolf, A Room of One's Own 09 10 I INTRODUCTION “Women's rights are human rights” “ […] We need to understand that there is no formula for how women should lead their lives. That is why we must respect the choices that each woman makes for herself and her family. Every woman deserves the chance to realize her God-given potential. We also must recognize that women will never gain full dignity until their human rights are respected and protected. […] It is a violation of human rights when women and girls are sold into the slavery of prostitution. It is a violation of human rights when women are doused with gasoline, set on fire and burned to death because their marriage dowries are deemed too small. It is a violation of human rights when individual women are raped in their own communities and when thousands of women are subjected to rape as a tactic or prize of war.

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