Peeling a Bitter Onion – A Project

Peeling a Bitter Onion – A Project

By Irum Ahsan

“Woman is the Radiance of God. She is not your beloved. She is the creator not created.” These words of the Great Islamic thinker, philosopher, and scholar, Jalal-ud-Din Rumi, formed the basis of the project that we designed for Afghanistan and Pakistan, two Islamic countries in South Asia.

Background

It all started when an 80 year-old woman kissed her lawyer’s forehead for rescuing her from her so called home (read prison). This woman was given as a compensation, at the age of 9, by male members of her family, to the family of the boy that they had murdered. We, a team of lawyers filed a petition in the Supreme court of Pakistan against this custom of giving girls as compensation (commonly known as customs of Swara, baad or Vani). We managed to rescue a few Swara women and she was one of them. She cherished her freedom even after 71 years. This was when I decided in my heart that I need to do more than corporate law. Some colleagues and I then decided to start a legal literacy for women project. This was as part of the Law and Policy Reform Programme for the Asian Development Bank (‘ADB’) where I worked.

We decided to work in Afghanistan and Pakistan because more than 80% of women in these countries have suffered at least one form of violence. Gender-based violence is endemic and pervasive across class, religion, ethnicity, and the urban and rural divide. The United Nations’ Gender Inequality Index reveals Afghanistan ranked 153rd, and Pakistan ranked 133rd, of 154 countries. 1 A survey of global experts has revealed that Afghanistan is the second most dangerous country in the world for women, while Pakistan is ranked sixth. 2

Despite several pro-women laws and policies in place, we delved into the reasons for increasing numbers of heinous crimes against women, ranging from physical and verbal domestic abuse to burning alive and in between these two, lie incidents of Swara; orders of informal courts (panchayats) to gang rape women for the crime committed by their male family members and so on. While conducting a needs assessment, in these two countries, we realized that we are peeling an onion with each layer more bitter than the previous one. This process was not just intellectually challenging but also emotionally tough - this onion left us all teary.

Needs Assessment Survey and context

The needs assessment surveys, showed that “90%” of the rape cases brought to the courts were “false” claims. The surveys also said that ‘genuine rape’ cases rarely come before the courts. In addition, some judges stated that witnesses resile in most gender based violence (‘GBV’) cases due to threats and pressure or by payment of money, (bribery). Three elements identified were:

First, the legal framework of Islamic countries allows justice sector decision-makers to draw from Sharia law, i.e., religious law forming part of the Islamic tradition. This in principle should have prompted improved justice outcomes as Islam strongly promotes the dignity of women and girls. The underlying message in the Quran is “live with them on a footing of kindness and equity”. 3

Second, unconscious biases rooted in centuries of patriarchal customary norms are widely prevalent in these countries. Women are perceived as property and bearers of family honour. This spills over to the legal domain, for example, a woman who wears tight clothes and make-up is “asking for” sexual assault, and a woman or girl who does not immediately report an alleged assault must be lying.

Third, women and girls rarely turn to the formal justice system even in cases of the most shocking assaults. The court environment is perceived as unwelcoming; women and girls do not know their rights under the law and are forced by social and family pressures to settle disputes through informal means (such as a tribal council of local men known as panchayat, shura, jirga).

The project

The project started in 2016 and targets both male and female justice sector stakeholders. The project seeks to redress issues affecting gender equality, such as GBV. It aims to bridge significant gaps among institutions by strengthening the capacity of investigating, prosecuting, and decision-making bodies together with an awareness building of the communities. The project followed a two-pronged approach: (i) Top-Down: increased access to justice for women through capacity development of legal service providers like judges, prosecutors, magistrates, and religious scholars in responding to clients on gender issues; and (ii) Bottom-Up: increased awareness of communities on social and legal rights through grass-roots community level training and a positive media campaign.

Top-Down Approach

Legal literacy for women is not a new concept but our approach is innovative in several ways. We worked directly with the Chief Justices because in countries with weak enforcement institutions, judiciaries are often seen as the best option for effective relief. Chief Justices, if motivated, could bring change with just one directive, without the need for legislative reforms. To address the training needs of the judiciary ranging from mindset shift to understanding laws, customs, religion and international best practices, we assembled a multi-skilled team, including (i) a gender and development law expert (ii) a former Justice of the Supreme Court of South Australia, (iii) a human rights expert and Islamic scholar from Malaysia, (iv) an awardwinning development anthropologist and filmmaker, and (v) local experts on domestic laws and customs from Afghanistan and Pakistan.

Customized training manuals for judges and prosecutors in Pakistan and Afghanistan

This team prepared comprehensive needs-based training manuals and delivered the training to more than 600 judges and prosecutors using several interactive techniques - role plays, quizzes, breakout group discussions, etc. These trainings covered wide-ranging topics, such as, the basics of gender sensitization; national, international, religious, and customary gender laws; gender-sensitized judicial and investigative conduct; GBV against women and transgender people; attrition and compromise; and children as witnesses. For the sustainability of the reforms, we also trained a cohort of judges and prosecutors as trainers together with designing courses to be taught at the judicial academies.

This training focused particularly on outcomes which can change not only attitudes but also strengthen judicial and prosecutorial responses. In both countries, the interactive workshops began by drawing to the forefront, unconscious biases that people may have regarding gender roles in society.

Training sessions

Training Visual tool: Multiple unacknowledged roles of women

For instance, most participants associated “brave”, “toy cars”, and “strategic thinking” with men, and “washing”, “cooking”, and “sympathy” with women. However the trainers highlighted that the gendered perception of these words is not intrinsic but a social construct – after all, women can be brave as men can be sympathetic. In addition, central to the trainings is the concept of ‘oneness’ – that Islamic law, constitution and laws, and international human rights law all promote the dignity of women and girls and there is no conflict in application of these laws.

Seeing the overwhelmingly positive response to the training in Pakistan, the then Chief Justice of the Lahore High Court requested our assistance in establishing a model GBV court in Lahore. This court is aimed at enhancing access to justice for marginalized genders. Victims of gender-based violence are mainly women (and girls) and they often do not report violence against them for fear of retribution, humiliation, shame, social stigma and loss of honor. Victims are also fearful of giving evidence because the court processes are intimidating, and they feel re-victimized. The GBV Court is a response to these issues.

Training visual tool: what is equality?

A few features of this GBV court are:

(i) presided over by the trained judge, prosecutor and staff;

(ii) special infrastructure such as (a) larger courtrooms so the distance between the victim, lawyers, and audience is increased; (b) e-court facilities so that women can give evidence through video transmission, should they so choose; (c) screens alongside the witness box so that women who are victims of violence are not forced to see the offenders when giving evidence; and (d) provision of female support officers who will escort the victim to a protected place, settle the victim, and remain with the victim while the victim gives evidence; and

(iii) special court procedures based on international best practices and human rights norms; formal procedures in case the victim or the witnesses resile; and Practice Notes on evidence and other court matters.

Inauguration of the GBV Court by then Chief Justice of the Lahore High Court, Hon. Syed Mansoor Ali Shah

The GBV court, with trained personnel and physical infrastructure that is compliant with human rights norms.

The judicial training, coupled with the new GBV court, have strengthened access to justice by resulting in a streamlined complaint process, sensitized judges, and provision of support to the victims. They have also challenged widespread negative perceptions that women lie when they complain of violence. As per the Punjab Commission on the Status of Women, prior to establishment of this court in 2016, the conviction rate in rape cases was 2-4%; . As per the data collected from the GBV Court, the conviction rate increased to 20% in 2019.

Bottom-up: grassroots approach To supplement the top-down approach, we also decided to work with the community level stakeholders. Customised training was delivered to women in their communities, members of the youth, non-governmental organizations, paralegals, religious leaders (imams), and informal mediators (jirga members). Topics ranged from practical life skills and selfconfidence for women, to religious matters such as women’s rights in Islam, and to legal and remedial matters, for example, referral mechanisms, effective mediation methodology, and family law.

For mass coverage and to create a ripple effect, we used traditional and non-traditional media campaigns. The positive media advocacy campaign provided information and education with an approach that empowers women to know how to exercise their rights, and to inspire men to support women and girls. This included short documentaries, live radio shows where lawyers and other legal professionals raised awareness on gender-based violence and rights of women under the law. Non-traditional media initiatives involved culturally sensitive use of art, music, and film. For example, trucks in Pakistan have traditionally been painted with floral, ethnic designs carrying funny messages like “don’t come near, you might fall in love”. We worked with the heads of the Truck Associations and the community level artists to repaint these trucks with empowering visuals and messages to be used as moving billboards but ensuring that the messages and visuals are culturally sensitized.

Community level trainings

Trainer Samar Minallah Khan in a live radio show

A live radio show where a lawyer is answering calls regarding legal disputes involving women and girls

We also produced puppet shows and street theatre with positive messages which retained the traditional look, so that the rural communities in which they were shown could identify with them. The puppet shows highlighted the legal and religious basis of the specific right discussed, with banners identifying the law and religious text on both sides of the Theatre set-up.

The media was an awareness-raising tool and highlighted positive messages to motivate women, girls, and men supporting them. This truck art and theatre shows made the artists and community level business owners more sensitive to these issues.

Truck with a message “My father will give me my share in his property. Will you also give your daughter her Islamic and legal right to inheritance?”

We used culturally sensitive puppets and design

Now, the community level truck artist has become a celebrity in Pakistan for continuing to replace frivolous messages with pro-women messages on trucks. Local puppeteers and singers are replicating the shows on their own. Wall artists and mobile theatre groups are also independently planning more shows and art displays.

Community participation in the puppet shows

Local artists staged mobile theatre shows with pro-women messages

The mobile theatre shows were seen by more than 3,000 people, collectively

The result

After seeing the impressive impact of just one GBV court, the Chief Justice of the Supreme Court of Pakistan, through the relevant National Committee, requested help in establishing these courts in all Districts (around 100+ districts). These courts with trained judges and prosecutors are reported to be functioning in Pakistan.

Despite all the security threats due to the sensitivity of the subject matter, we managed to train jirga members (informal court judges), religious leaders, youth boys and girls, and paralegal teams in several provinces. We trained judges and prosecutors nationwide, including the remotest areas. We had to bring female judges chaperoned by male family members. The training addressed highly sensitive and culturally shocking issues like two-fingers virginity testing but the judges were prepared to preside over specialized courts dealing with GBV cases.

The Project attracted local and international media attention due to its innovative approach. It won the 2018 Financial Times Most Innovative In-House Legal Team Award and the Innovation in Rule of Law and Access to Justice Award together with ADB’s 2019 Governance Award for Outstanding Knowledge Sharing and Collaborative Initiatives; and 2017 ADB’s Vice President Award for Exceptional Contributions to the Law and Policy Reform Work. ■

Irum Ahsan is an Advisor at the Office of the Compliance Review Panel, Asian Development Bank (ADB). As part of the Bank’s Law and Policy Reform programme Irum worked on a project to create change in relation to as gender-based violence (GBV). The Project won several awards including the 2018 Financial Times Most Innovative In-House Legal Team Award and Innovation in Rule of Law and Access to Justice Award.

1. See Gender Inequality Index at http://hdr.undp.org/en/ composite/GII, last retrieved on 24 February 2019.

2. Experts’ survey by Thomson Reuters Foundation. See www. reuters.com/article/us-women-dangerous-poll-factbox/ factbox-which-are-the-worlds-10-most-dangerouscountries-for-women-idUSKBN1JM01Z, last retrieved on 24 February 2019.

3. Abstract from Surah 4:19 of the Quran.