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PODA welcomes the approval of Pro-women laws

by the Senate of Pakistan

 

13 December 2011 (Islamabad):  ‘Pakistani legislators have taken a bold step to speak out against violence against women in the name of culture or traditions by passing two new laws to combat gender based violence”, said Sameena Nazir, Executive Director of Potohar Organization for Development Advocacy (PODA), a women’s rights organization.

“We congratulate the courageous women and men in the Senate and National Assembly of Pakistan who passed consensus resolutions in both houses of the parliament to criminalize Acid throwing on women in the first law and the denial of women’s rights in the name of culture or traditions such as Vani, Swara, marriage with Quran or dispossessing women from inheritance”, she added. These two laws were approved by consensus by the Senate of Pakistan on Monday December 12 in Islamabad.

PODA also appreciated the efforts of the National Commission on the Status of Women (NCSW) and the Women Parliamentary Caucus (WPC) and all the women’s rights groups all over Pakistan for their persistent efforts of many years to push for pro-women legislation that declares violence against women a crime and gives fine and punishments to those who attack and injure women and girls. According to recent reports, nearly 90 percent of Pakistani women have faced some kinds of violence inside their families by their close relatives because there was no punishment against attacks on women. “ every day we read about acid thrown on women and girls or women killed for refusing a forced marriage or for refusing to give up her legal property rights”, but the police would not even arrest family members who commit these crimes because there was no punishment against such laws before” said Ms. Nazir and added that thanks to the pro-women policies of the present government and the commitment of women legislators from all the political parties now we have laws against such crimes. PODA also congratulates the independent media of Pakistan for creating awareness about the problem of violence against women and girls in Pakistan by highlight the stories of women victims and survivors.

PODA, a women’s rights organization working in rural areas of Pakistan also reiterated its commitment to create awareness about these two new laws among rural women and girls and their families in Pakistan so that women can know about these laws and they can take actions to protect themselves by using these laws. PODA will also continue its efforts to educate the duty bearers such as the police and courts, social welfare officials and Dar-ul-Amans, teachers and the media to fullfil their roles in ensuring that these two new laws after approval from the President of Pakistan will be fully implemented. PODA is now working to make an Implementation Watch Committee at District Level to follow actions on these two laws and to constantly advocate at all levels to use these laws to support Pakistani women.

 

For more information or any questions please contact: info@poda.org.pk or call (051) 260 9743

 

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Anti-women customs

 

November 17, 2011

 

It is encouraging that the Anti-Women Practices (Criminal Law Amendment) Bill was finally passed by the National Assembly on Tuesday. Twice last month, the bill was stalled over what many observers saw as trivial objections. The social practices that the bill criminalises include that of women`s `marriage` to the Quran. This method of keeping inheritance limited to male family members is also quite common amongst the country`s feudal elites, some of whom are parliamentarians. The legislators` failure to take the bill seriously had exposed them to criticism on the grounds of class self-interest cutting across political divides. Now, though, once approved by the Senate, the progressive five-clause bill ought to prove important in Pakistan`s struggle to protect women`s rights. Defining a `marriage` to the Quran as an “oath by a woman on the holy Quran to remain unmarried for the rest of her life or not to claim her share of inheritance”, the bill spells out hefty punishment for depriving women of their inheritance through this or other deceitful means, and for giving women in forced marriages to settle civil disputes or criminal liabilities — another detestable practice that has for decades tarnished Pakistan`s human rights record.

 

The role that targeted legislation can play in discouraging archaic and regressive practices must also be highlighted. Using women as currency for settling disputes, forcing them into marriages against their will, giving jirgas the power to settle their futures or taking punitive action if they marry against their family`s or clan`s wishes are acts of coercion. However, these are defended by many as being part of tradition and seen as legitimate since they have been practised for centuries. Apart from raising awareness, the only tool the government has in its arsenal against such a mediaeval mindset is to develop legislation that specifically criminalises certain sorts of behaviour.

 

This government`s record in this regard has been fairly reasonable, with the formulation of crucial pieces of legislation such as the Protection against Harassment of Women at the Work Place Act 2010. However, other, long overdue laws remain to be achieved. Notable here is the Domestic Violence (Prevention and Protection) Bill which was passed unanimously by parliament in August 2009 but that lapsed after the Senate failed to approve it. Resultantly, those subjected to a pervasive yet invisible form of violence are not protected by the law. While this bill must be revisited, the Senate must also ensure the prompt passage of the Anti-Women Practices (Criminal Law Amendment) Bill. Now that the first tier of parliamentary approval has been achieved, it must be given the attention it merits.

Courtesy: DAWN.COM - http://www.dawn.com

URL to article: http://www.dawn.com/2011/11/17/anti-women-customs.html

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Johnson Sirleaf, Gbowee, Karman win Nobel Peace

In this January 24, 2011 file photo, Yemeni activist Tawakkul Karman gestures upon her release from a Yemeni jail in Sanaa. — Photo by AP

 

OSLO: Africa’s first democratically elected female president, a Liberian peace activist and a woman who stood up to Yemen’s authoritarian regime won the Nobel Peace Prize on Friday for their work to secure women’s rights, which the prize committee described as fundamental to advancing world peace.

 

The 10 million kronor ($1.5 million) award was split three ways between Liberian President Ellen Johnson Sirleaf, peace activist Leyma Gbowee from the same African country and democracy activist Tawakkul Karman of Yemen — the first Arab woman to win the prize.

 

By citing Karman, the committee also appeared to be acknowledging the effects of the Arab Spring, which has challenged authoritarian regimes across the region.

The Norwegian Nobel Committee honoured the three women “for their nonviolent struggle for the safety of women and for women’s rights to full participation in peace-building work”.

 

“We cannot achieve democracy and lasting peace in the world unless women obtain the same opportunities as men to influence developments at all levels of society,” the prize committee said.

 

Committee chairman Thorbjorn Jagland said he hoped the prize would bring more attention to rape and other violence against women as well as women’s role in promoting democracy in Africa and the Arab and Muslim world.

 

Karman is a 32-year-old mother of three who heads the human rights group Women Journalists without Chains. She has been a leading figure in organising protests against President Ali Abdullah Saleh that kicked off in late January as part of a wave of anti-authoritarian revolts that have convulsed the Arab world.

 

“I am very, very happy about this prize,” Karman told The Associated Press. “I give the prize to the youth of revolution in Yemen and the Yemeni people.”

 

Citing the Arab Spring alone could have been problematic for the committee. The unrest toppled authoritarian regimes in Tunisia, Egypt and Libya. But Libya descended into civil war that led to Nato military intervention. Egypt and Tunisia are still in turmoil. Hardliners are holding onto power in Yemen and Syria and a Saudi-led force crushed the uprising in Bahrain, leaving an uncertain record for the Arab protest movement.

Jagland said it was difficult to find a leader of the Arab Spring revolts, especially among the many bloggers who played a role in energizing the protests, and noted that Kamran’s work started before the Arab uprisings.

 

“Many years before the revolutions started she stood up against one of the most authoritarian and autocratic regimes in the world,” he told reporters.

 

Liberia was ravaged by civil wars for years until 2003. The drawn-out conflict that began in 1989 left about 200,000 people dead and displaced half the country’s population of three million. The country — created to settle freed American slaves in 1847 — is still struggling to maintain a fragile peace with the help of UN peacekeepers.

Sirleaf, 72, has a master’s degree in public administration from Harvard University and has held top regional jobs at the World Bank, the United Nations and within the Liberian government.

 

In elections in 1997, she ran second to warlord-turned-president Charles Taylor, who many claimed was voted into power by a fearful electorate. Though she lost by a landslide, she rose to national prominence and earned the nickname, “Iron Lady.” She went on to become Africa’s first democratically elected female leader in 2005.

Sirleaf was seen as a reformer and peacemaker in Liberia when she took office. She is running for re-election this month and opponents in the presidential campaign have accused her of buying votes and using government funds to campaign. Her camp denies the charges. The election is Tuesday.

 

In a 2005 interview with The Associated Press, Sirleaf said she hoped young girls would see her as a role model and be inspired.

 

“I certainly hope more and more of them will be better off, women in Liberia, women in Africa, I hope even women in the world.”

 

“If you’re competing with men as a professional, you have to be better than they are…and make sure you get their respect as an equal,” Johnson-Sirleaf said. “It’s been hard. Even when you gain their acceptance, it’s in a male-dominated away. They say, ‘Oh, now she’s one of the boys.”

 

Buttons from her presidential campaign say it all: “Ellen — She’s Our Man.”

 

The committee cited Johnson Sirleaf’s efforts to secure peace in her country, promote economic and social development and strengthen the position of women.

Jagland said the committee didn’t consider the upcoming election in Liberia when it made its decision.

 

“We cannot look to that domestic consideration,” he said. “We have to look at Alfred Nobel’s will, which says that the prize should go to the person that has done the most for peace in the world.”

 

Gbowee, who organised a group of Christian and Muslim women to challenge Liberia’s warlords, was honoured for mobilising women “across ethnic and religious dividing lines to bring an end to the long war in Liberia, and to ensure women’s participation in elections”.

 

Gbowee has long campaigned for the rights of women and against rape. In 2003, she led hundreds of female protesters through Monrovia to demand swift disarmament of fighters who preyed on women throughout Liberia during 14 years of near-constant civil war.

 

In 2009, she won a Profile in Courage Award, an honour named for a 1957 Pulitzer Prize-winning book written by John F. Kennedy, for her work in emboldening women in Liberia.

 

Gbowee works in Ghana’s capital as the director of Women Peace and Security Network Africa. The group’s website says she also won a 2007 Blue Ribbon Award from Harvard University and was the central character of an award-winning documentary called “Pray the Devil Back to Hell.”

 

The group’s website says she is a mother of five.

 

“I know Leymah to be a warrior daring to enter where others would not dare,” said Gbowee’s assistant, Bertha Amanor. “So fair and straight, and a very nice person.”

Yemen is an extremely conservative society but a feature of the uprising there has been a prominent role for women who turned out for protests in large numbers.

 

Karman is from Taiz, a city in southern Yemen that is a hotbed of resistance against Saleh’s regime, and now lives in the capital, Sanaa. She is a journalist and member of Islah, an Islamic party. Her father is a former legal affairs minister under Saleh.


Long an advocate for human rights and freedom of expression in Yemen, she has been campaigning for Saleh’s ouster since 2006 and mounted an initiative to organise Yemeni youth groups and opposition into a national council.

 

On January 23, Karman was arrested at her home. After widespread protests against her detention — it is rare for Yemen women to be taken to jail — she was released early the next day.

 

Karman has been dubbed “Iron Woman, “The Mother of Revolution” and “The Spirit of the Yemeni Revolution” by fellow protesters.

 

During a February rally in Sanaa, she told the AP: “We will retain the dignity of the people and their rights by bringing down the regime.”

 

The peace prize was in line with Norway’s development aid strategy, which is often focused on women’s rights. Norwegian Prime Minister Jens Stoltenberg called the award “important and worthy”.

 

In his 1895 will, award creator Alfred Nobel gave only vague guidelines for the peace prize, saying it should honour “work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses.”

The peace prize is the only Nobel handed out in Oslo, Norway. The other five awards — in medicine, physics, chemistry, literature and economics — are presented in Stockholm.

 

Last year’s peace prize went to imprisoned Chinese dissident Liu Xiaob

 

 

http://www.dawn.com/2011/10/07/yemeni-says-nobel-prize-win-for-her-nations-revolution.html

 

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12 AUGUST - WORLD  YOUTH  DAY

“ Pakistan has the largest number of children out of school in the world after Afghanistan.

Only 23 per cent of our children under the age of 16 attend secondary school and almost one-third of Pakistanis have received less than two years of education.

 54% of Pakistan is literate (a generous estimate) and even so, being literate means the ability to sign your name”.

Reclaiming Jinnah’s Pakistan

By Shehrbano Taseer

I watched my father Salmaan Taseer break into a smile as Aasia Noreen placed her ink-stained thumb on a mercy petition marked for President Zardari. Pakistan’s founder, secularist Mohammed Ali Jinnah stared down silently from his portrait on the wall.

Six weeks later, as my father was lowered into an early grave - as frothing, bearded religious fanatics took to the streets celebrating his brutal murder and Pakistan’s unforgiving blasphemy laws – I wondered what else had been buried with him.

There are those who say my father’s death was the final nail in the coffin for Jinnah’s Pakistan. But as long as we live by Jinnah’s words, the Pakistan he envisioned will live on.

Pakistan is one of the most populous countries in the world. With 60 percent of Pakistan’s 187 million strong population below the age of 24, the youth of Pakistan form a potentially powerful force for change.

We must be nation builders. It is our greatest responsibility and burden. When Jinnah addressed students in Dhaka in 1948, he emphasized education as a priority for young people and said “let me give you this word of warning: you will be making the greatest mistake if you allow yourself to be exploited by one political party or another. ” Jinnah envisioned a modern nation at peace with itself and the world. We must understand that vision instead of siding with obscurantist’s and hyper-national isolationists.

We need to be a nation of modern economists, entrepreneurs, scientists, writers, social workers, doctors, journalists, teachers and film-makers’ not a nation of angry complainers and Muslim bigots. Jinnah remarked, "No nation can rise to the height of glory unless your women are side by side with you. We are victims of evil customs. It is a crime against humanity that our women are shut up as prisoners.” Ultimately, the success of our nation will not depend on what we didn’t do, what we denied ourselves, what we resisted, and who we excluded. It will depend on what we embraced, what we created, and who we included.

Addressing the Punjabi Muslim Students Federation at Lahore on October 31, 1947, Jinnah said “Pakistan is proud of her youth, particularly the students who have always been in the forefront in the hour of trial and need. You are the nation’s leaders of tomorrow… You should realize the magnitude of your responsibility and be ready to bear it.” The future of every country is it’s next generation. For a progressive, pluralistic and economically sound Pakistan to succeed, there is an urgent need to harness the potential of the youth. This requires the state to invest in education, vocational training and skills development, technology, entrepreneurship opportunities, and job creation for both young men and women.

With a crippled economy and a hemorrhaging war on terror, our education system is in shambles. Our budget reveals that only 1.5% is dedicated to education. The failure to educate the country's children costs the equivalent of one flood a year, according to a report produced by the Pakistan Education Task Force.

The 18th Amendment to the Constitution of Pakistan, states, “The state shall provide free and compulsory education to all children of the age of five to 16 years in such a manner as may be determined by law.” Although this year was declared Education Year in Pakistan, over 25 in million children are being denied their constitutional right to an education. Pakistan has the largest number of children out of school in the world after Afghanistan. Only 23 per cent of our children under the age of 16 attend secondary school and almost one-third of Pakistanis have received less than two years of education. 54% of Pakistan is literate (a generous estimate) and even so, being literate means the ability to sign your name.

Pakistan’s young are dynamic and thirsty to learn and be involved. But the inadequacy of quality education – critical thinking in particular – renders our country incapable of dealing with the challenges of the 21st century. It means an overwhelming majority of our population is ignorant, angry, and extreme. Tens of thousands of children are growing up to be merchants of hatred -- with a very narrow world-view and bitterly antagonistic against concepts of tolerance, individual freedoms and democracy. I lost my father, my friend and my hero because of this mindset. I do not wish for any other family to have to suffer through what mine has had to. No other nation should lose its brave heart.

The road ahead is difficult and the results will not be immediate. But as patriotic citizens with a heavy stake in our nation’s stability, we must not abdicate our responsibilities. It is in our hands what direction our nation takes. Let’s reclaim Jinnah’s Pakistan.

Courtesy: Jinnah Institute  Pakistan (comm@jinnah-institute.org)

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Managing Disaster

by Naseer Memon

PREDICTIONS about this year’s monsoon season are ominous. The forecast of 10 per cent higher than normal rainfall in the country’s upper catchment areas should set alarm bells ringing.

 

With the ghosts of last year’s floods not yet laid to rest, the incomplete rehabilitation of flood-protection infrastructure is a major cause for concern. Sindh, which was the worst affected by the floods, has yet to complete almost 40 per cent of the repair-work at a time when a premature monsoon has already set in. Punjab and Khyber Pakhtunkhwa have completed more than 80 per cent of the repair work but the predicament of Azad Jammu Kashmir causes consternation since hardly any repair work has been executed. The institutional and administrative web responsible for managing floods was exposed last year as being in shambles. From rescue to relief, every effort was poor enough to merit worry this year.

 

After the report presented by the judicial commission formed by the Supreme Court, another report by a similar committee formed by the Punjab High Court has laid bare the inefficiency of the flood-management systems in the country. The key findings of both reports are the same. Administrative failure on part of the provincial irrigation departments, rampant corruption, criminal negligence and encroachments in the flood plains have been identified as the reasons that Sindh and Punjab saw such a disaster. A careful review of the judicial commissions’ reports reveals that the country does not have an integrated flood-management system. Scattered and disjointed measures may bring temporary relief but they are far from sufficient to thwart any future disaster.

 

Disaster management includes three key components: risk-reduction, preparedness and response. In Pakistan the first point hardly receives any serious attention, the second component is inadequate and the third is in shambles. The most challenging yet rewarding phase of risk-reduction should be made a priority. While structures are of utmost importance, risk-reduction should not be restricted to the level of mere engineering. The stereotyped conceptualisation of risk-reduction in Pakistan does not conceive of anything beyond flood-protection infrastructure. Additionally, more often than not, it glosses over the social, institutional and biological measures that can be taken. These are the areas where public policy has to be improved. The strengthening of disaster-management institutions and their integration with other relevant bodies is of paramount importance. The Punjab judicial commission has underlined the importance of developing an integrated flood-management plan.

 

While the judicial commissions’ reports substantially capture the gaps in administrative governance, they have almost skirted the nexus of political governance. It is a well-recognised fact that after the police, the irrigation department is a highly politicised area. Since power politics in Pakistan is dominated by a Byzantine alliance of landed aristocracies and urban oligarchies, water is the ‘open sesame’ mantra for political powers. The posting of grade-17 and 18 officials in the department is directly governed by the irrigation minister and the chief minister respectively. The plum posting is allegedly traded at rates of up to Rs2m. If the custodians of the Tori dyke were of junior grades, their being posted there is not merely administrative brushwork; in fact, it is deeply entangled with political decision-making.

 

Another example is wilful negligence in terms of the state of the Tori dyke. The Supreme Court’s commission has made the startling revelation that on Feb 4, 2010 — i.e. six months before the breach occurred — it was noted in a meeting of the Indus River Commission that unless the dyke was strengthened well before the year’s flood season, the likelihood of colossal losses could not be ruled out. Why was no follow-up work done to allocate the resources required to shore the structure up before the rains started? Can the political leadership be exonerated for its failure in this regard?

 

Similarly, the network of illegally erected dykes in the floodplains is not a corollary of merely administrative neglect; it is a business that is patronised by local politicians. The same can be said of the occupation of forest land in floodplains. A string of local feudals, administration officials and politicians has let this happen. The judicial commission rightly recommended that strict action be taken against irrigation department officials but it has largely ignored the delinquencies of the feudal and political leaderships. If nothing else the provincial governments should have been asked to disclose a list of people who have occupied vast swathes of land in the katcha areas. The reasons behind the posting of junior and inexperienced officials in the irrigation department could have been made public. This would have exposed the nepotism which resulted in inflicting excruciating damage on the poor.

 

Another omission is the faulty engineering infrastructure. The interesting dimension of last year’s flood was the abnormally long travel duration of peak flows between barrages. The flow that normally takes 24 hours from the Guddu to Sukkur barrage took 33 hours. Similarly, the time-lag between Sukkur and Kotri was an astounding 408 hours as against the normal time-lag of 72 hours. This was partially because of sustained inflows from upstream. However, the role played by newly-built structures such as bridges needs to be delved into more deeply. Structures have been erected on the River Indus without an environmental impact assessment being undertaken and there is a possibility that these may have aggravated the floods.

 

All these questions need to be answered so that immediate steps can be taken to mitigate the effects of any flooding this year.

 

The country cannot afford to do nothing, waiting for disaster to strike.

The writer is the chief executive of Strengthening Participatory Organisation.

 

nmemon@spopk.org

 

http://www.dawn.com/2011/07/14/managing-disaster.html

 

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"This is also Pakistan"

Celebrating World Music Day

Gulf News Wednesday, June 22, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A man checks a guitar at his music instruments shop in Karachi yesterday. World Music Day is observed on June 21 every year.

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PAKISTAN: Impunity for rape and other forms of violence against women must end

 

May 20, 2011
ALRC-CWS-17-02-2011

HUMAN RIGHTS COUNCIL
Seventeenth session, Agenda Item 3, Interactive Dialogue with SR on Extra-judicial killings

 

A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status

The Asian Legal Resource Centre (ALRC) wishes to highlight its continuing concerns about the widespread violation of women’s rights and cases of serious violence against women, including sexual violence, in Pakistan.

The ALRC recalls that Pakistan acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on 12 Mar 1996. Furthermore, during the country’s Universal Periodic Review (UPR) on May 8, 2008, the government accepted several recommendations concerning women’s rights and violence against women. Despite this, as will be seen below, violence and discrimination against women remains a critical issue in the country and the authorities are not taking credible or effective action to address the many grave cases of abuse that continue to take place with impunity.

Key accepted UPR recommendations made to the government of Pakistan include the following:

  • Adopt measures to ensure that victims have access to protection and redress, that perpetrators are prosecuted and punished, and that gender sensitivity training be provided to relevant officials.

  • Ensure punishment for perpetrators of all violence against women and also thoroughly investigate and punish members and leaders of illegal jirgas for their calls to violence against women.

  • Continue with appropriate measures to eradicate discrimination and violence against women including domestic violence and to strengthen existing measures to thoroughly investigate crimes related to violence against women.

  • Continue with appropriate measures to eradicate discrimination and violence against women.

  • Take measures to provide redress for crimes of honour killings, acid attacks and forced marriages.

As can be seen from the above, the issue of ensuring access to justice, effective investigation of allegations and prosecution of perpetrators are at the core of these recommendations. However, the ALRC has been deeply disappointed by developments concerning women's rights activist and gang-rape victim Mukhtaran Mai attempt to secure justice and challenge the impunity of the men who raped her some nine years ago. On April 21, 2011, the Supreme Court of Pakistan upheld the verdict of the Multan bench of Lahore High Court, which had been suspended as the result of a suo motu notice by the Chief Justice in 2005. The high court had reversed a trial court’s judgment on the unjustifiable basis of “insufficient evidence and faulty police investigations” and meant that all but one of the six men allegedly responsible for Mukhtaran Mai’s gang-rape on June 22, 2002, were to be released. Only Abdul Khaliq remains in prison to serve a life sentence.

In August 2002, six of the men had been sentenced to death by the trial court - four for raping Mukhtaran Mai and two for being part of the Panchayat that ordered her to be raped as punishment for adultery that her brother had alleged committed. The Panchayat and other tribal and feudal modes of parallel justice systems exist and operate in Pakistan, in violation of the country’s constitution. Yet, this case shows how the country’s constitutional legal system is assisting in protecting the outcomes of the parallel, unconstitutional traditional justice system. The Multan bench later acquitted five of the six on appeal and converted the death sentence of Abdul Khaliq to life imprisonment. It is preposterous that only one person can be sentenced under charges of gang-rape, with the other alleged perpetrators being released.

In upholding the legally flawed Multan bench verdict, the Supreme Court has seriously disappointed all those who support justice and women’s rights. This sends the chilling message to all victims of rape in Pakistan, as Mukhtaran Mai has shown exceptional bravery in fighting for justice and accountability, yet despite her efforts and the attention the case has received in Pakistan and internationally, still impunity for the majority of the accused has been upheld. Given the social stigma, threats and dangers encountered by those who dare to pursue justice concerning rape, this ruling by the Supreme Court will only serve to dissuade victims of rape from seeking justice.

While Minister Rehman Malik stated on April 22 that he had been directed by Prime Minister Yousuf Raza Gilani to provide security for Mukhtaran Mai, for which the Punjab Police would be responsible, serious concerns remain for her physical integrity, notably as those thought to be responsible for her gang-rape will now be free and likely emboldened by the impunity they enjoy.

In another such case, the ALRC’s sister-organisation, the Asian Human Rights Commission (AHRC) documented the case of a 16 year old girl who was kidnapped for ransom, along with her brother, on October 14, 2010, by a group of criminals involved in land-grabbing, who are reportedly connected to the police. The girl was gang raped repeatedly during a period lasting almost one month. The girl’s father tried to register a complaint concerning the gang rape to the section A police station, Khairpur Mirs, but the police refused to record the gang rape in their report. He then filed an application in the Session court of Khairpur Mirs who ordered the police to file FIR concerning her abduction and rape.

Following untiring efforts by the girl’s father, the police eventually arrested two persons. However, they were released within two hours after bribing members of the police. The Interior Minister pledged before the Sindh provincial assembly that he would take up the case but no action from the ministry has been taken to date. The family of the victims are facing threats from the alleged perpetrators as well as members of the police to get them to drop the case – this includes threatening to subject the family’s other two children with rape.

In another case, which shows the dangers and difficulties encountered by rape victims’ attempts to seek justice, a female government health worker was allegedly raped by a notorious gangster, with the help of two police informants, on December 9, 2010. An FIR was only lodged by the police five days after the rape, in order to allow time to pass, destroying the physical evidence of rape. The police, instead of filing a rape case, filed a case of attempted rape in order to shield the perpetrators. While the alleged rapist has been arrested for attempted rape, the police informants who allegedly restrained and beat the victim continue to enjoy protection by the police. High ranking police officers have reportedly been coercing the victim into settling the case out of court. It is understood that the alleged perpetrator of this rape had been harassing the victim since 2009 and that she had reported this to the police, but they had told her to come back if and when the crime of rape had been committed, as they could not do anything until then.

The Asian Legal Resource Centre calls on the members of the Human Rights Council and the UPR Working Group to request an update from the government of Pakistan concerning its implementation of the many recommendations that it accepted as part of its review in 2008. It is important that the government provide an update on any progress made prior to its next review, in order to ensure that the second round of the review is conducted in the most informed way possible.

The ALRC calls on the government of Pakistan to go beyond lip-service to the international community and ensure swift and decisive action to implement the recommendations included in the UPR outcome concerning discrimination and violence against women. Furthermore, the government must take action to punish all persons who participate in anti-constitutional parallel justice system who aid, abet or commit violations of women’s rights, in particular acts of sexual violence such as gang-rape. The government must also take the lead in providing effective protection to victims of such abuse, in order to encourage them to come forwards and break the system of silence, suffering and injustice that currently accompanies such crimes. The government is urged to cooperate fully with the Special Rapporteur on violence against women, its causes and consequences as well as the CEDAW Committee and ensure that it also implements all recommendations made by these mechanisms.

http://www.alrc.net/doc/mainfile.php/hrc17/675/

 

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Education, education, education

By Ardeshir Cowasjee

 

 

 

Sunday 3rd April 2011

 

 

THIS is a word that for decades, since soon after the country’s birth, has not figured in the lexicon of any of our ‘great’ leaders.


It is a word and subject that has been wilfully ignored over the formative years and its shunning by successive governments and the miserable funding allocated to it has settled in as a firm and maintained policy.


The sole and truly great leader Pakistan has had was its maker and founder — and that was more than 60 years ago. Since then, all who have followed have not even been mediocre which might have rendered them harmless — they have been either sharp cookies who have undermined the nation by their deeds or dolts or on occasion they have been helpless.

Whatever, a sorry state of affairs which today seems irredeemable as the horizon, as far as the rise and shining of any political figure to come to our rescue, is blank.

In 1947, Mohammad Ali Jinnah realised that his country would need education were it to sustain itself, move forward and progress. It was very much on his agenda and he acted.

Within a few months of the country’s birth he summoned all the communal leaders and addressed them on the subject of their schools — meaning those that had schools specifically for their own community’s children. As far as the Parsis were concerned, the BVS Boys’ School and the Mama Parsi Girls’ School were restricted to children of our community. Jinnah told them that the children of those who were coming to Pakistan from India would need education and requested that the communities open up their schools to children of all creeds and sects. They unanimously agreed.

But it was downhill from thence on. No government in memory has taken on mass education, because it has never had the will. Education and the feudal mindset — the national mindset — do not sit together. The education portfolio has never been popular, rarely sought after.

An old story has it that during the first decade or so of the country’s life after one of its prime ministers who assumed he had completed the dishing out of his cabinet portfolios was reminded by an aide, after all the candidates had departed, that he had not allocated education. The aide was swiftly dispatched to the neighbouring hostel where the aspiring parliamentarians were housed and asked to find someone, anyone, who would be willing to take up the education portfolio.

In the early days there was little if any money to be made out of education but things have changed and after the nationalisation of schools it has become a lucrative business with much to gain when dealing with the appointment of teachers and other staff.

However, as pointed out by Zubeida Mustafa in her informative column printed on the opposite page on March 30 (‘Ringing the alarm bells’), realisation has dawned on “some in the government” that as far as education is concerned Pakistan is a disaster zone — 25 million children do not go to school. This is a staggering figure, bearing in mind that demographic statistics tell us that the majority of the population of 180 million is of school-/college-going age.

The government-established the Pakistan Education Task Force has recently brought out a report entitled Education Emergency Pakistan which has revealed to us the truly deplorable state of Pakistan’s education system. We learn that some 10 per cent of the world’s primary school-age children who are out of school exist in this republic — democratic in name —and in the global ranking of non-school-going children we come in at a disgraceful second place.

The report is a terrible indictment of what constitutes the elite of this maggot-ridden country: countrywide universal education to the age of 16 is unlikely to be achieved within our lifetime. Punjab ‘may’ achieve its universal education in 2041, Sindh in 2049, Khyber Pakhtunkhwa in 2064 and miserably neglected Balochistan in 2100. Are these not thoroughly shaming figures?

As for women, it has never been acknowledged that it is mothers who bring about the education of their children — ignorant illiterate mothers are far more likely to produce equally ignorant and illiterate children than are the few lucky educated ones. Less than half the womenfolk of Pakistan have had any formal education and in the rural areas only one in three women has ever attended school.

Apart from the sheer shame of the figures cited there is danger in this gross and willful neglect. Easily available fodder for the militants amongst us comes from the 25 million youths who have no schools to go to — recruiting foot-soldiers to be brainwashed presents no problems. This should be one prime mover to spur on our government to allocate to education more than the paltry less-than 1.5 per cent of the GDP — which is unbelievably less than the subsidies given to PIA, Pakistan Steel, and PEPCO.

This March 25 the World Bank approved a loan of $400m for education — $300m for university level projects and $50m each for primary school levels in Punjab and Sindh. Fine, but this is not going to get anyone very far as not all of the funds will get to where they are supposed to go — that would be an impossibility in this democratic land.

Our leadership will not, but it should one day, conclude, as did Lee Kuan Yew when he was building Singapore, “that the decisive factors were the people, their natural abilities, education and training. Knowledge and possession of technology were vital for the creation of wealth”. Pakistan needs more than just wealth, much more.

 

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Pakistan can’t handle Fukushima

 

 

 

 

By Pervez Hoodbhoy

Published: March 22, 2011

A person, who is believed to be have been contaminated with radiation, in a white bag is carried by soldiers at a radiation treatment centre in Nihonmatsu city in Fukushima prefecture on March 13, 2011.

PHOTO: AFP

 

 

Ten days after the earthquake tsunami, Japan still teetered at the knife-edge of a major nuclear disaster. Four hydrogen explosions reduced three buildings in the 6-reactor Fukushima nuclear complex to smoking ruins. Radioactive plumes triggered a level-5 emergency, and evacuations were ordered up to a 20-kilometre radius. A heroic effort finally prevented a melt-down of spent-fuel rods and averted catastrophic consequences but reactor fires are still burning.

If nothing else works, plans call for pouring thousands of tons of concrete and turning the reactors into permanent nuclear tombs. On the positive side: the disaster management was excellent. Stoic and disciplined, the Japanese behaved wonderfully well. No looting, no panic, and no anti-government demonstrations followed the explosions. People helped each other, relief teams operated unobstructed, and rescuers had full radiation protection gear. Plant operators risked their lives by working in super-high radiation environments, and engineers showed their grasp of emergency reactor dynamics.

 

On the negative side: even elaborate earthquake-protection and tsunami-protection measures failed badly. Power sources for emergency cooling pumps were destroyed by the 30-foot high wall of water. In retrospect, storing thousands of spent-fuel rods on the reactor site turned out to be a terrible mistake.

 

Japan’s near tragedy has reminded the world that situating reactors close to a city can be exceedingly dangerous – even more than storing nuclear bombs within it. While a nuclear reactor cannot explode like a bomb, after one year of operation even a rather small 200MW reactor contains more radioactive cesium, strontium, and iodine than the amounts produced in all the nuclear weapons tests ever conducted.

 

These devastatingly deadly materials could be released if the containment vessel of a reactor is somehow breached.

 

As the Japanese continue their struggle to bring Fukushima’s reactors under control, they know they had false ly gambled that nuclear reactors could be safed against earthquakes. Still, there was some logic to this risk-taking: Japan’s energy hungry economy gets about 30per cent of its electricity from its 55 nuclear reactors.

 

Pakistan has much less reason to risk Karachi, its largest city. The Karachi Nuclear Power Plant, (KANUPP) located by the seashore, produces little electricity. This Canadian supplied reactor has been in operation since December 1972, but according to IAEA statistics, has been unavailable for power production 70.4 per cent of the time. Even if it had operated as per design (120MW of electrical power), it could supply only six-seven per cent of Karachi’s total electrical power needs – barely enough for Golimar and Lyari.

 

Nevertheless KANUPP puts the Karachi’s population at risk. Sabotage, terrorist attack, equipment failure, earthquake, or a tsunami could result in large scale radioactive release. As in the 1986 Chernobyl disaster, the instinctive reaction of the authorities would be to cover up the facts.

But with the breeze mostly directed towards Karachi, the population would surely have to be evacuated. The rich and the fortunate would succeed; the rest would not. Unlike the orderly and disciplined evacuation of post-tsunami Fukushima, all hell would break loose as millions would try to flee. Looters would strip everything bare, roads would be clogged, and vital services would collapse.

 

Japan’s nuclear disaster should open our eyes. Japan is an advanced industrialised country with superior engineering knowledge and practices. It has a safety culture, Pakistan does not. Whether driving cars or running nuclear plants, Pakistanis are risktakers looking for shortcuts, choosing to put their faith in God rather than precautions.

 

It would not be surprising if our nuclear plant operators overlook critical safety procedures. Little is known about operating procedures because everything nuclear is kept under wraps, ostensibly for reasons of national security. This also covers up for bad practices.

The shoulder-shrugging nonchalance of Pakistani authorities during the Japan disaster is particularly disturbing. Even as explosions tore through the nuclear complex, the “experts” flatly declared that a Fukushima could never happen in Pakistan. This outlandish claim cost them nothing, of course, because officials and other high-ups in Pakistan have never paid the price for false statements. A real nuclear disaster in Pakistan would see PAEC, PNRA, and our “great scientists” – who provide endless vanilla-flavoured reassurances – running around like chickens with their heads cut off. They would be clueless in dealing with a situation that threatens the lives of millions.

The only thing they would know is how to run away fast. It is time to down-size Pakistan’s nuclear fission power production. While remaining a perpetual danger, nuclear technology has not met any reasonable fraction of Pakistan’s energy needs. After nearly half a century of investing in the Pakistan Atomic Energy Commission – and the billions of dollars spent upon creating its infrastructure – only two per cent of Pakistan’s installed nuclear capacity is nuclear. The actual production is less than even this.

India has not done well either. Only six per cent of Indian electricity is nuclear. Clearly, nuclear electricity is not cheap or easy. Contrary to popular public perception, Pakistan’s power reactors also make no contribution to Pakistan’s bombmaking capacity – the fissile material for these is produced elsewhere. Therefore there are multiple reasons why the search for more fission power must be shelved. Until nuclear fusion power becomes available after some decades, Pakistan, like other countries, must rely on a mix of oil, gas, hydro, coal, solar, wind, and other renewables.

 

The author is a nuclear physicist and holds a PhD from the Massachusetts Institute of Technology.

 

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COLUMNISTS

Recognising the UN

By I.A. Rehman

Thursday, 10 Jun, 2010 | 02:25 AM PST

 

PHOTO FROM DAWN WEBSITE

By ratifying the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT), both of which were signed in April 2008, Pakistan has taken a significant step towards acceding to the international human rights system.

Taken together with the ratification of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the signing of the Convention on the Rights of Persons with Disabilities (CRPD) in 2008, the present move encourages the hope that the phase of Islamabad’s indifference to the UN human rights machinery may well be coming to an end.

This non-recognition of one of the most vital functions of the international collective was evident from systematic acts of omission. While Pakistan had honoured its adherence to the non-enforceable Universal Declaration of Human Rights (UDHR) of 1948 by incorporating most of its provisions in its constitution, it completely ignored the two more important constituents of the International Bill of Rights, namely, the two covenants of 1966 (ICESCR and ICCPR) till 2004 when the ICESCR was signed.

And although Pakistan ratified the Convention for the Elimination of all forms of Racial Discrimination (CERD) of 1966 in the same year, the Convention on the Rights of the Child (CRC) of 1989 in 1990 and the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 1979 in 1996, its record of implementing these treaties has been, on the whole, dismal.Besides, the government’s lack of interest in special procedures has often bordered on contempt for the system. The special rapporteurs (especially on right to information, independence of the judiciary, rights of women) were denied visits to Pakistan and if the rapporteurs on freedom of belief and torture were extended one-visit facility the reluctance to be open with them was hardly concealed. Above all, instead of acknowledging and helping the Pakistanis who had created a niche for themselves in the UN system, our diplomats sometimes tried to earn their keep by running them down.

Queries received from the rapporteurs were often answered after long delays or not at all and when the government did choose to respond its replies were usually incomplete and evasive. Its reports to committees on CRC and CEDAW were neither comprehensive nor wholly truthful and, contrary to treaty obligation, neither the reports nor the relevant committees’ observations were shared with the people.

The sole purpose of recalling this unenviable past is to persuade the authorities to eschew actions and attitudes that not only affected Pakistan’s standing in the international human rights fraternity but also, and more importantly, deprived the people of this country of the benefits of humankind’s advances in defining basic human rights and devising the means of their realisation.

With the latest ratifications Pakistan has become a party to the key human rights instruments — UDHR, ICESCR, ICCPR, CEDAW, CRC, CERD and CAT. This means that the government must now pay due attention to the obligations it has assumed by adhering to these treaties and standards. The very first task is to sensitise the ministries/departments concerned withn the task of implementing the human rights instruments, such as the ministries of law and justice, parliamentary affairs, human rights, foreign affairs, interior, education, health, minority affairs, women development and information, about their responsibilities and the best ways to discharge them. At the same time the government should use its information services to make the people aware of their rights as defined in the international treaties.

The state functionaries and the public both need to be informed of the place of ICCPR (as well as ICESCR) in the mechanism for the enforcement of rights. To begin, with, the covenant amplifies the rights inscribed in the UDHR. For instance, ICCPR amplifies the right to protection against unlawful detention by declaring that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation” (Article 5).

Similarly, the covenant lists seven conditions that constitute the minimum guarantees to fair determination of any criminal charge against anyone (Article 14). While calling for prohibition by law of any propaganda for war the covenant also declares that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law” (Article 20).

As regards the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), all concerned must be made to comprehend the meaning of torture as pain or suffering, physical or mental, deliberately caused by or at the instigation of a public official for obtaining confession/information, or as punishment, or for coercion/intimidation.

The state’s obligations have been summed up in Article 2 of the convention: (i) the state shall take effective legislative, administrative, judicial or other measures to prevent (not merely to punish) acts of torture on its territory; (ii) no circumstances (war, political instability or public emergency) may be invoked to justify torture; and (iii) any order from a superior authority may not be invoked as a justification for torture.

The government must also realise that adherence to international human rights treaties demands enabling all citizens to enjoy their basic rights. Quite a few rights are not covered by Pakistan’s statutes; these gaps should be filled at the earliest. In many areas laws and procedures need refinement and elaboration. This and the obligation to file periodic reports on compliance with treaty provisions demand the creation of a mechanism for overseeing implementation, reporting and studying the feasibility of a continuous review by a domestic authority.

In order to facilitate enforcement of human rights treaties special protocols have been attached to many of them. The government must take a look at these protocols. Pakistan signed the two excellent protocols to the CRC — one on the use of children in war and the other on the sale of children and their use for prostitution/pornography — in 2001, and it is time both were ratified.

The protocol to CEDAW need not be ignored any longer. The ICCPR has two essential protocols. The first one that allows citizens of a state party access to the UN redress mechanism is not favoured by many states but the second one only seeks the abolition of the death penalty, and its ratification will be in accord with the present government’s policy.

In the beginning administrators in all countries are rarely enthusiastic about their human rights responsibilities, particularly if they involve restrictions on their arbitrary use of power, but wherever the task is sincerely pursued promotion of human rights becomes as magnificent an obsession and as rewarding as true love. So let it be in Pakistan too.

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/columnists/i-a-rehman-recognising-the-un-060

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