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Legislative Initiatives on Women in Pakistan

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Legislative Initiatives on Women in Pakistan Issue No. 43 January-May 2014 Founded by Shahla Zia Patron-in-Chief: Nigar Ahmad EDITORIAL This edition of the Legislative Watch Newsletter takes a critical appraisal of law It is vital for civil society, donors and international organisations and parlia- making in Pakistan. The success of pro-women legislation during the tenure of mentarians to also focus on implementation of laws while countinuing to work the previous Government, the legislation already submitted into the legislative on drafting and passing of legislation. One of the recommended methods would bodies within the first year of this Government and the increasing focus of civil be to focus on the different segments of the criminal justice system i.e. the society organizations on legislative drafting, makes it essential to re-evaluate police, medico-legal, lawyers, judges and jails. Focus must be placed on ensur- the expected standards of legislation in Pakistan. Questions must be asked ing adequate resource and budget allocation; sensitization and awareness of regarding the quality, effectiveness and long-term impact of legislation already human rights law, Pakistani constitutional law, its human rights framework; and passed and of that being introduced and drafted. In the women specific laws sensitization on gender and women specific issues. It is necessary to create an that have been passed over the time span of the last 14 years, a number of loop- overhaul of these systems of knowledge, information and training in order to holes and problems with implementation have been seen, resulting in terms of improve their involvement in cases involving women. If necessary, legislative formal equality and recognition of their rights, but it is yet to be translated into amendments can be made to provide legal cover and protection to any changes. substantive equality. Policies and other subordinate legislation are also necessary to strengthen the relevant departments. Legislative initiatives must not be taken lightly and while the achievements of formal equality may be celebrated, the gaps in the current processes of drafting Without paying close attention to the quality of legislation ensuring extensive legislation by parliamentarians, Government Departments and civil society research, consultation, debate within legislatures and public domain, and the must be filled in order to create real and actual change in the society. Thus, this processes and procedures to ensure substantial equality for women, the legis- edition re-visits basic principles of legislation, while also mapping current leg- lation already passed, and which will be passed in future, will continue to be islative initiatives with the view to work towards ensuring quality, sustainable nothing more than words on paper, providing no justice and protection for and impactful women specific legislation. women as was its main objective. Legislative Initiatives on Women in Pakistan - Need for Self-Critique and Reassessment By Maliha Zia tional human rights conventions, the implementation of the PPC and other Departments (WDD), have relied upon including Convention for the relevant laws. Thus justice is not provid- their own information and personal The initial international human rights Elimination of Discrimination Against ed for vulnerable segments of society, contacts and upon civil society for their framework, including the Universal Women (CEDAW). The Constitution including women. There arose a need assistance in consultation, research and Declaration of Human Rights (UDHR) has a chapter on fundamental rights - a for a body of law on different aspects of drafting. This public-private partner- pays little attention to the relationship number of which are taken from the violence against women, which has ship has been successful with organiza- between human rights and rule of law, UDHR. Thus a body of fundamental emerged over the last 14 years. tions playing a vital role in the pre-par- not considering the latter as a core human rights backed with legal protec- liamentary process and in advocacy component. In recent years, the United tion are available. An effective legislative framework is a and lobbying. This places a burden on Nations and other international, necessary foundation for a comprehen- civil society to ensure that their process regional and national bodies regard the Affirmative Action sive approach to implement, protect of drafting legislation are followed effective applicability of rule of law as and enforce the fundamental human properly to ensure the quality of not a requirement of protection of human Important for women, is Article 25 i.e. rights. However, while recognising just the legislation, but also the follow rights. Thus, it is now recognised as the equality clause. This allows for that subject-specific legislation is one up procedures and implementation. integral to the protection and imple- affirmative action on women or chil- way to protect and promote rights, mentation of rights. dren specific laws to be passed without with the increasing activism of all Making legislation goes beyond just being deemed discriminatory. There stakeholders including female legisla- drafting, ensuring consonance with Pakistan seeks to ascribe to the con- are two main scenarios when this tors, it is vital to re-examine the direc- other laws and prescribing the ade- cept of rule of law, as is emphasised should come into play: tion and scope of this activism to quate remedies. This is relevant for through the Constitution of the ensure its quality and sustainability. both parliamentarians, as well as civil Islamic Republic of Pakistan 1973 (1) When the existing law does not society who have taken an active role and its interpretations. There is how- cover the illegality, discrimina- It is essential to recognize constraints of in drafting legislation. ever, no denying that it has not tion or crime being committed legislators in Pakistan: Limited reached full conformity with its prin- against women or children. resources for research and drafting of Policy Development ciples. The current socio-political (2) When the existing law could legislation. If permitted - and it varies environment, including the lack of cover the illegality, discrimina- between the provincial assemblies - There is a need for policy development law and order, threats of talibanisa- tion or crime being committed, parliamentarians may request staff of prior to the development of legislation. tion, increased insecurity, internal but is failing to do so in its appli- the provincial assembly or law depart- In Pakistan focus is on developing leg- governance issues etc, make it diffi- cability - therefore requiring a ments to assist them. Any such activity islation and not on comprehensive prior cult to apply these principles and pro- specific law to address the issue. by the staff is in addition to their work, development of the policy which should tect fundamental freedoms and rights thus, is often not thorough and com- be expressed in a law. Resultantly, it in the Constitution and the interna- Resultantly, focus on legislation plete. Commonly, the Law Department seems that law making often appears as tionally recognised human rights. increased on women specific issues, and Ministry of Law see the law for the a substitute for policy making. particularly violence. The majority of first time once it is submitted. Pakistan has taken progressive steps criminal offences in Pakistan are identi- Policy development ensures thought towards protection of human rights by fied by the Pakistan Penal Code 1860 Thus, legislators and departments, in the determination of exactly what is ratifying the majority of the interna- (PPC). However, there remain gaps in including the Women Development Continued on next page 2 Legislative Initiatives on Women in Pakistan - Need for Self-Critique and Reassessment From page 1 Homes and civil society advocacy for a and through a number of the consulta- refusing to take ownership as it is not policy on Home Based Workers. tions. As a result, without the requisite specified within the law and the WDD to be achieved by the legislation; how knowledge of the law and especially has not yet taken forward the Rules of this can be best achieved; and if legis- Extensive Consultation the whole legal framework of Pakistan, Business. The Sindh Human Rights lation is necessary. This develops a civil society members without legal, or Commission remains without any rationale for the Bill. It also becomes There must be extensive consultations relevant legal backgrounds may inad- budget allocation to allow it to func- clear that not all policy developed with (if Bill is being brought forward vertently give spaces in negotiations tion. Bodies, such as the Gender Crime necessarily requires legislation to by a parliamentarian or Government on aspects that should be non-nego- Cell has not been filled to the required implement it. Department or Institution) or within (if tiable. It is necessary for civil society capacity. The police, especially women being drafted by civil society) civil to continue coordinating in a timely police, remain under budgeted etc. Admittedly not all have the resources society. This allows for improvement manner on the draft policies and laws at their disposal to undertake policy of quality and effectiveness of the leg- at all stages. Further, sufficient time It is vital for parliamentarians and rel- development, but consideration must islation - where different expertise may must be given by civil society
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