The First Asma Jahangir Conference on Justice for Empowerment 13 & 14 October 2018 Avari Hotel Lahore Contents 1. Acknowledgements ...................................................................................................... 5 2. Executive Summary .................................................................................................... 12 2.1. Introduction ................................................................................................................ 13 2.2 Purpose, Aims & Objectives ....................................................................................... 16 2.3. Synopsis…………… ........................................................................................................ 19 2.3.1. Sessions on Day 1 ....................................................................................................... 20 2.3.2. Sessions on Day 2 ....................................................................................................... 23 2.4. Impact……………. .......................................................................................................... 26 2.4.1. Media Coverage of the Asma Jahangir Conference ................................................... 29 2.5. Art Exhibit………………………………………………………………………………………………….……….... 31 3. Agenda…………………………………………………………………………………………………………………...31 4. Resolutions Presented ................................................................................................ 34 5. Sessions for Day 1 ....................................................................................................... 37 5.1. Strengthening Democracy and Rule of Law – defining parameters of State institutions .................................................................................................................. 37 5.2. Independence of Judiciary and the Legal Profession Including the Role of the Bar ... 40 5.3. Empowering women in the criminal justice system including the legal profession ... 44 5.4. Gender Equality and UN Global Goals for Sustainable Development – How close are we?............................ ....................................................................... 48 5.5. Academic Freedom and Freedom of Expression for Youth and Students .................. 52 5.6. Freedom of Expression and Shrinking Spaces for Dissent .......................................... 57 5.7. Cyber Laws and Protection of Human Rights ............................................................. 66 6. Sessions for Day 2 ....................................................................................................... 71 6.1. Adopting International Human Rights Norms in Domestic Law ................................. 71 6.2. Constitutionalism and challenges- the 18th Amendment and Implementation ......... 74 3 6.3. Death Penalty & Deterrence – Who are we hanging? ................................................ 77 6.4. Rise of Religious Fundamentalism in South Asia and Overview of challenges to the rights of religious minorities. ............... ...................................................................... 82 6.5. Bonded Labour- Prevalence in South Asia and Reforms and the Protection of Trade Unions and their right to freedom of expression and assembly – safeguards to protect this constitutional right.................................................................................. 84 6.6. Electoral Reforms- Post Elections 2018 ...................................................................... 88 6.7. Extra-judicial Killings and Enforced Disappearances .................................................. 91 6.8. Legal frameworks in South Asia for the Protection of Refugees and Migrants .......... 95 6.9. South Asians for Human Rights (SAHR) – “Reclaiming the Regional Solidarity” ...... 101 6.10. Sexual Harassment against Women at Workplace ............. ..................................... 104 6.11. The need for FATA and PATA reforms, challenges to access to justice and implementation of new laws .................................................................................... 108 6.12. Legislative Priorities for the New Parliament – Impleme nting Women Friendly Legislation – Pakistan ................................................................................. 110 6.13. The Third Gender and Challenges to Mainstreaming in the Justice System & Law Enforcement Agencies .............................................................................................. 116 7. Conclusion………. ....................................................................................................... 123 7.1. Judiciary and Rule of Law ......................................................................................... 124 7.2. Gender Equality and Empowerment of Women ...................................................... 125 7.3. Freedom of Expression and Shrinking Spaces for Dissent: ....................................... 125 4 The First Asma Jahangir Conference on Justice for Empowerment 13 - 14 October 2018, Avari Hotel, Lahore 1. Acknowledgements At the time we conceived the idea for the conference, we were not sure how it will come together, but thanks to our generous sponsors the conference was a huge success and became the biggest conference organised at the bar association level in Pakistan in recent years. It was not only big in terms of numbers but in terms of the wide spectrum of workshops, panellists and the quality of debate that spanned the two days. This would not have been possible without the support from our sponsors, and the time and sincere advice from our friends. First and foremost, we thank the Delegation of the European Union for their generous sponsorship, support and wholehearted participation. We also thank our others sponsors, the British Foreign and Commonwealth Office, the Kingdom of Netherlands, United Nations Development Programme and United Nations Women for their generous contributions and support. The commitment of our sponsors is a testament to their belief and support for the progress of human rights in Pakistan. We also wish to thank the Embassy of Sweden and the Australian High Commission who generously gave us their time, support and advice throughout this process. We want to thank various people from the United Nations Agencies, in particular Ms. Nadja Wuensche, who put together the initial working group for the conference. We were very excited to form alliances with four leading universities of Lahore (Forman Christian College, Lahore University of Management Sciences, University of Lahore and University College Lahore) and we are extremely grateful to the 80 student volunteers who worked tirelessly to support the conference. We hope this was a learning experience for them also.We want to thank the management and students of Beacon house National University and Connatural for the art display and workshops on empowerment. We also wish to thank Khaadi for the conference bags. We wish to thank our friends without whose help, advice and generosity this would not have been possible, in particular we wish to thank Mr. I. A. Rehman, Mr. Afrasiab Khattak, Ms. Samina Ahmed and Mr. Ahmed Rashid. A special note of thanks to Mr. Azam Nazir Tarrar, Mr. Ahsan Bhoon and Mr. Abid Saqi, senior lawyers from the Supreme Court Bar Association, as well as Ms. Mehmal Sarfaraz, Mr. Farooq Tariq, Mr. Jalal Salahuddin, Ms Fatima Salahuddin, Saroop Ijaz, Ms Fatma Shah and Dr. Salman Asif. Finally we wish to thank our coordinators and our speakers who very kindly and with great commitment gave us their time, and the benefit of their expertise and experiences, even though they have very busy schedules. In particular we thank our speakers who travelled great distances to join us. We were deeply touched by the commitment and effort of the Conference Committee who gave us their time in planning agendas, debating issues and reaching out to speakers, months in advance of the conference. The conference was also a learning experience for us. Perhaps the biggest lesson was that the struggle for human rights in Pakistan is alive, vibrant and tenacious despite immense challenges. Speakers from across professions and sectors of society were united in the energy that they channelled 5 into the issues under discussion and their search for solutions for the promotion of human rights. Last but not least, we wish to thank the staff at AGHS Legal Aid Cell who tirelessly worked around the clock for the months leading up to the conference. Apart from their daily case- load they now found themselves in another role of organising a conference. It was a great learning experience for everyone. We hope that we will be able to have this conference again in 2019. Members of AGHS Legal Aid Cell during the pre-conference preparations 6 Members of AGHS Legal Aid team (L to R): Miss. Beenish Zia, Barrister Hamid Leghari, Ms. Sulema Jahangir, Miss. Alizae Mir, Miss. Areej Khalid and Miss. Fatima Mehmood CONFERENCE COMMITTEE 1. Abid Saqi Advocate Supreme Court, Former Deputy Attorney General of Pakistan, Former President Lahore High Court Bar 2. Ahsan Bhoon Advocate Supreme Court, Former Judge Lahore High Court, Former Vice Chairman Pakistan Bar Council, Former President Lahore High Court Bar Association 3. Ayesha Jalal Renowned Historian, Educationalist 4. Azam Nazeer Tarar Advocate Supreme Court, Vice Chairman Pakistan Bar Council 5. Farooq Tariq Federal spokesperson for Awami National Party Pakistan, General Secretary Pakistan Kissan Rabita Committee (PKRC)