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Scratching the Surface: Democracy, Traditions, Gender SCRATCHING THE SURFACE: DEMOCRACY, TRADITIONS, GEN DER Edited by Jennifer Bennett "i, SCRATCHING THE SURFACE: DEMOCRACY, TRADITIONS, GENDER ISBN: 969-9080-00-0 First Published 2007 By Heinrich Böll Foundation Regional Office Pakistan / Afghanistan 76-B, Nisar Road, Lahore Cantt 54800, Pakistan Tel: +92-42-6680-640 Fax: +92-42-6664-899 www.hbfasia.org Front Cover Design Bilal Khalid Layout and Formatting Kenneth Shams Printed by Printing Professionals Al-Qurtaba Complex Jail Road, Lahore (Ph: 92-42) 7553711 Acknowledgements Any publication is an effort of team work. However, Heinrich Böll Foundation would like to mention the following persons, without whom, this book would not have been published. First of all, our sincere thanks to Dr. Jennifer Bennett, who kept her patience and commitment, as the Editor, even in crucial times. Mr. Kenneth Shams is highly appreciated for doing the tedious work of formatting, and the final layout of the book. Last, but not the least, Heinrich Böll Foundation would like to pay special thanks to the authors for their valuable contributions to this book. Foreword In recent years, one has witnessed an all-time increase in the number of countries embracing democracy, without much interruption. Simultaneously, one has also seen a growing of disarray, discontent and marginalization and disempowerment of the people at large, leading to violent crime and social disorder. Such a situation speaks volumes about the very basics of democracy, which in its original and literal term means, ‘rule by the people’. It connotes democratic forms of governance and politics, with the notion that, democratic rule promotes civil and political freedoms: equitability, people’s political participation and power, thereby ensuring human rights and the much desired social and personal security to its citizens. As well, it aims at reducing political uncertainty and instability. But reality has evaded the common man’s expectations. This evasiveness harbours on multifarious reasoning which are intricately linked to the complexity of the entire notion of democracy. Democracy is not a single-structured phenomenon. Neither should it be, given the differing hierarchy of the legitimation, socio-cultural, economic, and political standings and environs particular to each country. That is to say, there are different forms and methods of political systems, subject to the specificities of a country, considering that many states are not culturally and ethnically homogeneous. However, within this framework of varied concepts and definitions, there are certain sets of institutions and procedures, such as, the act of citizenship, the ruling of a constitution, and the laws and policies which, by and large, lead such democracies. And it is within these formations, that apparent and inevitable structural deficiencies inhabit, which create a space for play, leaning democracies to manipulative politics. Over-arching practices, that trigger further political manipulations and adversely impact a common man include, the predominance of the greater political parties, the tendencies of openly manipulating elections, leaders altering constitutions, weak legislatures and judiciaries and other forms of subterfuge. The ultimate façade of the entire concept of democracy stands stark with military dictatorships, which are now the standard origin of democratic political systems. Thus, autocracy, authoritarian or dictatorial regimes reign, under the garb of democracy, where the concerns are generally political and not humanitarian. Under such conditions, people are marginalized, resulting in alienation and hostility. These are the faltering pointers in the equation of ‘the rulers and the ruled’ as citizens do not really rule themselves unless they directly decide laws and policies. Needless to mention that democracy, so far, is subject to inter and intra national boundaries, and the much needed and desired global democratization is far fetched. And in its absence, the scaling up of the multi-national corporatization, among other forces, is fast depleting the boundary-bound democratic values and its core principles. Consequently, it is striking back the hegemonistic global designs, which inevitably will and is quelling the poor man’s desire for a decent life, based on self-choices and popular participation. Effective democratic governance, therefore, is not yet a reality. However, in spite of its weaknesses, and in the absence of a better alternative, it is sufficiently functioning, and is a prime pro- people political governing system. It is indeed workable, with large margins for innovation, steered by deeper thinking and commitment, geared toward coming up to the expectations of a common man and ensuring civil and political rights. This book, Scratching the Surface: Democracy, Traditions, Gender provides an inside to the multi-faceted nature of democracy and its complex demands. It looks into greater detail, the conceptual anomalies, the structural inequalities and ethical defects, especially in the context of South Asian countries. It deliberates on how institutions and power are structured and distributed, and how these, as a process, have denied the real voices and spaces to the people. It of course, also dwells on the dire need of holding the powerful accountable. Dr. Jennifer Bennett Introduction The work of the Heinrich Böll Foundation in South Asia, over the last twelve years, has been marked by efforts to support and strengthen participation, pluralism and the rule of law in the region. The Foundation was motivated to do so by relying on advice and strong alliances with the local partners, ranking from social activists, civil society organizations and academic institutions. Moreover, the Heinrich Böll Foundation believes in, and is deeply committed to, working on the promotion of democratic ideas and values, as it is named after the German novelist and Noble Literature Laureate Heinrich Böll (1917 – 1985). Besides being a writer, he served humanity as a social activist and as a strong advocate for Human Rights. Therefore, introducing a book, is not only an honour and privilege, but falls within the spirit of intellectual openness, which Heinrich Böll lived for. The Foundation in Lahore, considers it, as its role and mandate, to provide a platform for the exchange of ideas, as well as, supporting sustainable projects, for deepening the mutual knowledge, on issues emanating from within the respective societies. This book reflects various aspects of democracy, traditions and gender. It builds scholarship, and thereupon, hopefully, will generate more discussion and debate. We leave it to the esteemed readers to take this debate forward. Mr. Gregor Enste on behalf of the team of Heinrich Böll Foundation Pakistan / Afghanistan TABLE OF CONTENTS SECTION – I Citizen Approach to Development 1 Introduction to Section – I 3 Marian R. Mueller Intersectionality, Citizenship and Contemporary 7 Politics of Belonging Nira Yuval-Davis Citizenship and the Nuanced Belonging of Women 23 Farida Shaheed Women’s Empowerment in Post Conflict Afghanistan 39 Aspect of Citizenship in the Special Context of Afghan Palwasha Hassan Refugees and Return and Reintegration in Afghanistan 53 Katharina Lumpp SECTION – II Cultural Violence, Legal Pluralism and 71 Women Rights Introduction to Section – II 73 Saima Jasam Overlapping Discursive Terrains of Culture, 77 Law and Women’s Rights Shaheen Sardar Ali Legal Pluralism in Pakistan and its Implications 101 On Women’s Rights Nasira Iqbal Legal Pluralism and Women’s Rights in Afghanistan 119 Hangama Anwari Making of Crime, Custom and Culture 135 Nafisa Shah Advocates on Trial 157 Roya Rahmani SECTION – III Local Structures and Decision-making 167 Introduction to Section – III 169 Marian R. Mueller Some Consideration on Local Democracy and 171 Traditional Societies Hamish Nixon Informal Structures and Approach of Tribal 193 Liaison Office Masood Karokhail Establishing Village Institution through National 213 Solidarity Programme Bijay Karmacharya Gender Aspects of Traditional Structure and 229 Local Governance in Afghanistan Shinkai Karokhail and Marianne Elliott Locating Women’s Engagement in Democratization, 255 Representation and Local Government Structure of Pakistan Farrah Parvaiz Saleh Indigenous Institutions for Decision-making in 275 Pakistan Ali Gohar Local Democracy in India: An Overview 287 Buddhadeb Ghosh Citizens Campaign for Women’s Representation 311 In Local Government Shabeena Ayaz How to Accommodate the Agenda of the Afghan 333 Government, Local Communities and Development Actors Raphaëlle Guillion and Robert Anderson The Contributors 359 Abbreviations 367 SECTION – I TRADITIONAL SOCIETIES AND DEMOCRACY WITH A CITIZENSHIP APPROACH TO DEVELOPMENT Introduction Section - I Marion R. Mueller Since the time of the early Greeks, the concept of citizenship has been discussed in philosophical and political thinking. More recent literature delineates the debates into three main categories: (a) the liberal notions of individuality and equality, including a set of universally guaranteed rights; (b) the communitarian concept, centring on the community and the importance of the common good, as the basis for an individual’s understanding of self and belonging; and (c) the civic republican ideas of the importance of care, responsibility and collective action. The very basic meaning of citizenship identity describes the relationship between individuals and the state, and between individual citizens within a community. It is especially
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