The AASHA Experience A Decade of Struggle Against Sexual Harassment in Pakistan Fouzia Saeed (Director, Mehergarh) Rafiq Jaffer (Director, Institute of Social Science Lahore) Sadaf Ahmad (Assistant Professor of Anthropology, LUMS) Renate Frech (International Civil Servant) Main Coordinators: Maliha Husain & Khadija Ali MEHERGARH RESEARCH AND PUBLICATIONS Islamabad, Pakistan Cover Design: Sonia Rafique Photographs: Sajid Munir Printed by: Visionaries Division Copyrights @2011: All rights reserved by Mehergarh: A Center for Learning. ISBN: ----------- 22 December, 2011 Contents Preface 6 Abbreviations and Acronyms 7 1. The Initial Years (2001-2002) 9 1.1. The Beginnings of AASHA 9 1.2. The Official Launching of AASHA 10 1.3. Situation Analysis of Sexual Harassment at the Workplace 12 1.4. Guidelines for Creating a Working Environment Free of Discrimination and Harassment 12 1.5. Developing the Code of Conduct for Gender Justice at the Workplace 13 1.6. The Government Decides to Adopt the Code as an Employer 15 2. Shift of Policy Cooperation with the Private Sector (2002-2003) 17 2.1. Taking the Code to the Private Sector 17 2.2. The AASHA Annual Award Ceremonies, 2002-2003 18 2.3. Training Activities, 2002-2003 19 2.4. Media Campaigns, 2002-2003 19 2.5. AASHA Annual Assemblies of Working Women, 2002-2003 20 2.6. AASHA's Internal Processes, 2002-2003 20 3. Re-engaging with the Government while Continuing working with the Private Sector (2004-2006) 22 3.1. Going Back to Government 22 3.2. The Civil Service Disciplinary Rules (ESTA Code) 22 3.3. The Education and Labour Sectors 24 3.4. Continuing Working with the Private Sector, 2004-2006 24 3.5. Trying out a Draft Law against Sexual Harassment 26 3.6. Media Campaigns, 2004-2006 26 3.7. AASHA Annual Award Ceremonies and Assemblies, 2004-2006 27 3.8. AASHA's Calendars 28 3.9. AASHA's Internal Issues 29 4. Consolidation: Preparations for the Take-off (2007) 32 4.1. Strengthening the Secretariat 32 4.2. Re-assessing the Successful Private Sector Experiment 32 4.3. Internal Process: Re-fuelling the Tanks 33 4.4. A Big Bang in Lahore: The Annual Award Ceremony, 2007 33 4.5. Developing the Legislative Package 34 5. Tango with the Parliament (2008-2010) 36 5.1. Democratic Government in Parliament 36 5.2. Strategizing for Lobbying the Bills 36 5.3. From Proposal to Official Ownership by the Cabinet 37 5.4. A Glimpse of the Lobbying Meetings Arranged by AASHA, 2008 41 5.5. Parallel Law-drafting Activities by the Opposition and Other Parties, 2008 44 5.6. The IG Order on Sexual Harassment 45 5.7. AASHA Award Ceremony, 2009 46 5.8. Passage of the Laws by the National Assembly 47 5.9. Resistance in Senate and Passage of Bills 51 5.10. The Signing and Celebrations 53 6. Implementation and Exit Strategy (2010-2011) 55 6.1. Moving into an Exit Mode 55 6.2. Implementation Mechanisms 55 6.3. Implementation Framework 56 6.4. Active Contribution in Implementation 57 6.5. Tenth AASHA Assembly and Declaration of National Day for Working Women 59 6.6. The Exit Strategy 61 7. Drawing Lessons from AASHAs Strategies 62 7.1. Strategic Decisions Regarding the Structure & Basic Approach 62 7.2. Strategic Decisions Regarding the Process 62 7.3. Strategic Decisions Regarding Implementation 65 7.4. Conclusions 66 Annexes 68 Annex 1: Situation Analysis of Sexual Harassment at the Work Place 69 Annex 2: Guidelines for a Working Environment Free of Sexual Harassment and Discrimination 70 Annex 3: Provincial Consultations on the Code for Gender Justice in 2002 71 Annex 4: Sample Media Campaign Clippings, 2002-2003 72 Annex 5: Selected News Clippings, 2004-2006 73 Annex 6: Taxonomy of Sexual Harassers 74 Annex 7: Text of IG Order 75 Annex 8: A Win for the Women of Pakistan: A Letter sent out by Dr. Fouzia Saeed 76 Annex 9: Text of Shehnaz Wazir Ali's Speech 78 Annex 10: Selected News Clippings, 2007-2011 79 Annex 11: Text of the PPC Amendment 80 Annex 12: Code of Conduct for Gender Justice at the Work Place 81 Annex 13: Members of National Implementation Watch Committee 82 Annex 14: AASHA's National Implementation Framework 83 Annex 15: AASHA Promotional Materials 87 Annex 16: Activities of Implementation Partners 88 Annex 17: Text of PM's Speech 89 Annex 18: AASHA Members 89 Preface It is indeed a great privilege for me to be asked to write the preface of this truly extraordinary report. This report is extraordinary in more ways than one. On the one hand it is highly frustrating to read about simple matters being addressed in months or even years because of the machinations, delaying tactics, obstructions, and hypocrisy of certain politicians, bureaucrats, and development agencies/organisations. On the other hand I am awe struck by the persistence, sacrifice, commitment, and energy displayed by the AASHA team against the most daunting obstacles. Where most people give up in frustration AASHA persisted, even to the extent of spending full days sitting in the Senate galleries even though they were not allowed to communicate with any one. AASHA has displayed a high level of intelligence, strategic thinking, and excellent planning and management skills. Consequently this report is replete with important lessons for policy advocacy. Just to mention a few: • Establishing neutrality and a non-partisan approach, thereby bringing diverse stakeholders on board, including those normally ignored by advocacy groups (e.g. the lower staff in the Senate) • Sophisticated and continuous stakeholder analysis, leading to lobbying targets and tactics • Constantly reviewing, strategizing, followed by detailed planning and advance preparations, thereby saving time and staying ahead of the opposition • Development of an active intelligence network within relevant government ministries and departments, with real time access to crucial information (exercising the right to information) • Mastering the art of file movement/chasing/pushing • Giving credit and exposure to those that matter, rather than hogging the lime light • Promoting volunteerism at all levels, including the clever use of media at no cost One of the characteristics of entrepreneurs is that they are able to motivate people to adopt and work for their goals and causes. Fouzia Saeed sometimes, light-heartedly, calls this 'facipulation' (facilitative manipulation). In my view she has an extraordinary ability to inspire 7 The AASHA Experience--A Decade of Struggle Against Sexual Harassment in Pakistan people to adopt and pursue her goals, and I, for one, am more than happy to be facipulated by her. Even before the publication of this report a number of authors have used AASHA as a case study on feminist movements and advocacy strategies. Thus AASHA has helped to put Pakistan on the map of positive development literature, which will no doubt expand its influence and inspire and guide people and organisations across the world to learn and benefit from the AASHA experience. This report will, of course, contribute to this cause in a direct way. While I have been a rather passive supporter of AASHA, I am glad that at least I was able to convince Fouzia to document the highly valuable AASHA experience. This is a remarkable story, a true roller coaster, one which will keep you on tenterhooks. So read on and, as they say, enjoy the ride. Rafiq Jaffer Lahore 7th December, 2011 8 The AASHA Experience--A Decade of Struggle Against Sexual Harassment in Pakistan Abbreviations and Acronyms AAP ACTION AID PAKISTAN AASHA ALLIANCE AGAINST SEXUAL HARASSMENT AT THE WORKPLACE ADB ASIAN DEVELOPMENT BANK AKRSP AGA KHAN RURAL SUPPORT P ROGRAMME ANP AWAMI NATIONAL PARTY CNBC CONSUMER NEWS & BUSINESS CHANNEL CPLC CITIZEN POLICE LIAISON COMMITTEE CrPC CRIMINAL PROCEDURE CODE DFID DEPARTMENT FOR INTERNATIONAL DEVELOPMENT DG DIRECTOR GENERAL DSP DEPUTY SUPERINTENDENT OF POLICE ESTA CIVIL ESTABLISHMENT CODE EVAW END VIOLENCE AGAINST WOMEN FATA FEDERALLY ADMINISTERED TRIBAL AREAS FBR FEDERAL BUREAU OF REVENUE HR HUMAN RESOURCES HRMDC HUMAN RESOURCE DEVELOPMENT & MANAGEMENT CENTRE IG INSPECTOR GENERAL ILO INTERNATIONAL LABOUR ORGAN ISATION IRC INTERACTIVE RESOURCE CENTRE IWWA ISLAMABAD WOMEN’S WELFARE AGENCY JS JOINT SECRETARY JUI(F) JAMIAT -E-ULEMA -E-ISLAM (FAZAL) KCCI KARACHI CHAMBER OF COMMERCE AND INDUSTRY KPK KHYBER PAKHTUNKHWA 9 The AASHA Experience--A Decade of Struggle Against Sexual Harassment in Pakistan LCCI LAHORE CHAMBER OF COMMERCE AND INDUSTRY LHRLA LAWYERS FOR HUMAN RIGHTS AND LEGAL AID MMA MUTAHIDDA MAJLIS -E-AMAL MNA MEMBER NATIONAL ASSEMBLY MOU MEMORANDUM OF UNDERSTANDING MOWD MINISTRY OF WOMEN DEVELOPMENT MQM MUTAHIDDA QAUMI MOVEMENT N A NATIONAL ASSEMBLY NG O NON-GOVERNMENT ORGANISATI ON NWF P NORTH WEST FRONTIER PROVINCE P A PERSONAL ASSISTANT PILE R PAKISTAN INSTITUTE OF LABOUR EDUCATION AND RESEARCH P M PRIME MINISTER PML N PAKISTAN MUSLIM LEAGUE NAWAZ PML Q PAKISTAN MUSLIM LEAGUE QUAID -E- AZAM POD A POTOHAR ORGANISATION FOR RURAL ADVOCACY PP C PAKISTAN PENAL CODE PP P PAKISTAN PEOPLES PARTY SAPP k SOUTH ASIA PARTNERSHIP PAKISTAN SS P SENIOR SUPERINTENDENT OF POLICE SW D SOCIAL WELFARE DEPARTMENT TO T TRAINING OF TRAINERS UND P UNITED NATIONS DEVELOPMENT PROGRAMME UNICE F UNITED NATIO NS CHILDREN FUND WEBCO P WORKERS EMPLOYERS BILATERAL COUNCIL OF PAKISTAN WOR D WOMEN’S ORGANISATION IN RURAL DEVELOPMENT 10 The AASHA Experience--A Decade of Struggle Against Sexual Harassment in Pakistan WW A WORKING WOMEN’S ASSOCIATION WWH L WORKING WOMEN HELPLINE WW O WORKING WOMEN ORGANISATION 11 1. The Initial Years (2001-2002) 1.1. The Beginnings of AASHA In 2001, realizing that sexual harassment was one of the major blocks for women's path to social development and self-empowerment and not willing to accept the situation as well as the web of myths and lies around sexual harassment any further, Fouzia Saeed decided to talk to some like- minded people to develop a major initiative in this field.