This newsletter is an activity of CAMP's project The Sisters' Voice funded by the Commonwealth Foundation UK.

Transcription

1 The Sisters' Voice Issue 2 Edition April-June 2015 This newsletter is an activity of CAMP's project The Sisters' Voice funded by the Commonwealth Foundation UK. In this Issue From the Editor's desk 01 Update on project activities 02 Prevention of domestic violence in Pakistan- The legislative journey 04 Knowledge corner 06 Editorial Welcome to the second issue of quarterly newsletter The Sisters' Voice. In May 2015, the Punjab Protection of Women against Violence Bill 2015 was presented in Punjab Assembly for discussion and approval. While the Bill is being withheld after approval in June for more consultation, it has brought forward one issue that is quite endemic in Pakistan: domestic violence. According to the Pakistan Health and Demographic Survey , one in five women experienced physical violence in the survey year and one-third of 'ever-married women' had been experiencing physical violence since 15 years of age. The most alarming finding was that more than half the women never reported it. In this issue of the newsletter, we are therefore presenting an analysis of legislative developments on the elimination of domestic violence at national and provincial levels in Pakistan. In the knowledge corner we have included information on various types of domestic violence and how advocacy can be effective in preventing it. We have also included salient features of Domestic Violence Prevention and Protection Act in 2012 in this section. The issue also carries an update of the project activities: two capacity building workshops and the first network meeting conducted with women-led CSOs selected from Balochistan under the Sisters' Voice project. These activities were held in May and June 2015 respectively. Another important development in the project has been the change of location. Although the project will continue to engage with women-led CSOs in Balochistan, the Khyber Pakhtunkhwa component will shift to Punjab province as of July 2015, due to challenges in obtaining permission to work in Khyber Pakhtunkhwa. Compiled by: Project Team Design/Layout Visible Solution The project team is thankful for our readers' feedback on the first issue and we look forward to your support in the future too! Please write to us at camp.sistersvoice@gmail.com. Have a blessed Ramadan and Eid Mubarak in advance! Fareeha Sultan Project Manager The Sisters' Voice Project To subscribe and to send your feedback write to us at: camp.sistersvoice@gmail.com For more information

2 02 Update on project activities Compiled by Ilsa Rashad Capacity building workshops held in Quetta for women leaders on women p r o t e c t i o n l a w s, a d v o c a c y a n d networking In order to enhance knowledge of women's protection laws, and improve advocacy & networking skills among women leaders under the Sisters' Voice project, two capacity building workshops were conducted in Balochistan from 5-8 May The first training workshop was held from 5-6 May in which 19 women participated, including executive heads such as Executive Chairman, Executive Director, and President or senior management members from the women-led CSOs. The second training workshop was held from 7-8 May in which 20 women participated. This group included mid-level and technical staff engaged in advocacy and those working with communities. The two-day training was based on a training manual comprising of three modules, designed to provide an in-depth understanding of the laws protecting women in Pakistan; concept of advocacy in general and specifically on improving implementation of women protection laws by using various advocacy tools; and networking and its benefits. Both the trainings were well received and appreciated by the participants. In the first training over all 56% participants 'strongly agreed' that the topics covered during the training were relevant to them and said that now they would be in a position to sensitise their target communities more effectively. In the second training also overall 97% participants were satisfied with the contents, duration, quantity and length of the training workshop. Participants involved in group work at training workshop Capacity Building Workshop in Quetta The training was conducted by Ms. Rukhshanda Naz; a leading women's rights activist and lawyer with over 22 years of experience in the area of human rights and gender. She was facilitated by Mr. Asad Ali Quresh, CAMP's Senior Provincial Coordinator. The session was a great opportunity to meet such vibrant women leaders of Balochistan. The substantive content and material of the workshop was relevant to their work. The workshop material was highly appreciated by the participants. It appeared that one of the critical success factors of the workshop had been the group of participants itself. Ms. Rukshanda Naz Women CSOs form a women network in Balochistan The first network meeting for the selected CSOs in Balochistan under the Sisters' Voice project took place in Quetta, on 10 June The main objective of this meeting was to form a network of women-led CSOs in Balochistan that could advocate on better implementation of pro-women laws. The day-long event brought together 32 women from 20 women-led CSOs that work on a diverse range of issues including women's protection, economic empowerment and health etc. After a brief presentation on the project by the Project Manager Ms. Fareeha Sultan, the Director Programme Ms. Mariam Khan shared the The Sisters' Voice-Issue 2: April-June 2015

3 03 importance and need for a women's network in Balochistan. The network, it was emphasised, would address issues such as weak capacity and lack of an integrated approach to advocate on prowomen's legislation. Mr. Naveed Shinwari, Founding Chief Executive, CAMP, facilitated a session on network formation with his experiences regarding networking and highlighted the problems that could hamper the sustainability of a network. He expressed admiration for all those women striving to bring change in the society and assured maximum facilitation by CAMP in this regard. In order to start creating linkages among the network and important stakeholders, CAMP invited Ms. Rehana Khilji, Programme Officer UN- Women Balochistan to the meeting. Ms. Khilji spoke about the efforts made by the UN-Women on improving implementation of pro-women laws in Pakistan. She congratulated the participants on forming the network and invited the group to participate at other meetings/ forums with a similar agenda. Later in the day, participants worked in groups to h i g h l i g h t ke y i s s u e s t h a t h a m p e r t h e implementation of women's laws. Based on these discussions, each group or will draft an advocacy brief to be presented to MPAs and other stakeholders. At the end of the day, participants elected the following members to represent the network: Ms. Mahwish Zeeshan, President; Ms. Zahida Munir, Vice President; Ms. Natasha, General Secretary; Ms. Fatima Baloch, Press/Information Secretary; and Ms. Seemien Mariam, Finance Secretary. It was agreed among the group that the elected representatives will hold position for a year and shall be replaced if performance is found unsatisfactory. The next network meeting is planned for January In the meantime, the network will begin to link up with UN women and arrange advocacy meetings with MPAs, judiciary, police etc. Introduction of network office-bearers Ms. Mahwish Zeeshan President Ms.Mahwish Zeeshan has extensive experience in protection and promotion of human rights, including reducing violence against women, access to justice, alternate dispute resolution at the community level and protection of flood victims. Her main achievements include arrangement of first ever female funfair for Gender Based Violence (GBV) Survivors and community women in a local community with nearly 300 women participating in the event; extensive trainings on protection and GBV for government stakeholders and key actors of GBV response; and initiation of first ever project for the women of Dar-ul-Aman on psycho-social counselling. Ms. Zahida Munir- Vice President Ms. Zahida has over 12 years experience in the development sector. After working as master trainer, resource person, gender specialist and Elected office bearers while expressing their resolve to make network a success consultant for various national and international non-government organisations (I/NGOs), she established Research and Development Society (RDS) in 2010 and is working mainly on economic empowerment of Baloch women. Ms. Natasha Sabir-General Secretary Ms.Natasha Sabir is an educationist with a degree in Biochemistry. She is working as Executive Director, Social Development of Human Society (SDHS) since The organisation is working for the welfare of street children and economic empowerment of women. Ms. Fatima Baloch- Press and Information Secretary Ms. Fatima is President of Sehara Organisation and has been involved in social welfare activities since She is working for the welfare of artisan community in Balochistan and has won several awards as master trainer on culture. She has also been awarded Pride of Performance award for her services for the promotion of cultural activities in Balochistan. Ms. Siemeen Mariam - Finance Secretary Ms. Siemeen Mariam holds a Masters degree in Economics and has vast experience in small industries and entrepreneurship sector. After retiring from small industries department she is now working on the economic empowerment of deprived women. The Sisters' Voice-Issue 2: April-June 2015

4 04 Prevention of domestic violence in Pakistan: The legislative journey Fareeha Sultan Over the years several efforts have been made by the parliamentarians to criminalise domestic violence According to an estimate, approximately 70 to 90 percent women both in rural or urban areas are subjected to physical, psychological and sexual abuse in their home by partners, in-laws and in some circumstances by their brothers and 1 parents. The fact that domestic violence has and still continues to ruin lives across the country calls for integrated suppor tive ser vices, legal intervention and effective redress mechanism. Equally important is the role of effective pro women legalisation as it provides the necessary legal framework within which the State must function. It also provides rules and regulations for the functioning of relationship and actions between citizens and the State. Over the years, several initiatives have been made by civil society groups and some parliamentarians for passing laws on domestic violence at provincial and federal level in Pakistan. The most recent development is the Punjab Protection of Women against Violence Bill in Punjab Assembly. The Bill was approved 2 on 6 June, 2015 however it has been withheld f o r m o r e c o n s u l t a t i o n s t o m a ke i t s implementation more effective. The bill provides for an effective protection system for women survivors of domestic abuse; emotional, psychological and verbal abuse; economic abuse; stalking; and cyber crime. It also provides for rescue of women who have been wrongfully 3 confined and file a case of habeas corpus for 4 such women. The Bill also proposes to establish Violence against Women Centres (VAWC) and shelters in all districts under a phased programme. According to the bill, victims will be provided protection through residence orders, protection orders and monetary orders to ensure not only their (victims,) protection but also financial compensation for losses suffered. Planned Violence against Women Centres will provide all related facilitation services under one roof, including police desks for the registration of FIR; a female medico legal officer of Health Department for medico-legal examination; dedicated staff along with necessary infrastructure for collection of forensic 1. Parveen Azam Ali, 'Violence against women in Pakistan: A framework for analysis', Journal of Pakistan Medical Association, accessed on Aroosa Shaukat, ''Womens Protection Bill withheld for consultation', Daily The Tribune,, punjab-assembly-womens-protection-bill-withheld-for-consultation/, accessed on 20 June, A writ of habeas corpus is a summons with the force of a court order 4. The Punjab Commission on the Status of Women, accessed on June 20, ibid 6. 'Punjab Protection of Women against violence Bill 2015 tabled in the Punjab Assembly', Lahore World, accessed on June 20, 2015 The Sisters' Voice-Issue 2: April-June 2015

5 05 evidence and a psychologist for psycho-social 5 counseling of women survivors of violence. Further, a District Women Protection Committees will also be established to monitor violence against women and provide support to women survivors of violence in their districts. It is hoped that documentation of cases under this law will give a clear picture of the intensity and severity of violence against women and help strengthen prevention and protection measures 6 in the province. The Bill also contains rehabilitation mechanisms such as technical and vocational training of victims to enable self reliance. The Bill was criticised by women's rights activists for not criminalising the offence of domestic violence and focusing merely on strengthening rehabilitation mechanism for female victims. After the Bill was decided to be approved by the Provincial cabinet, recommendations for inclusion in the current bill were submitted by activists to the Secretary Law Department, Punjab. Consequently, the Bill was withheld for more consult ations with the relevant stakeholders. Prior to Punjab Assembly, Balochistan Assembly declared domestic violence a crime by passing the Balochistan domestic violence law in June It provides protection measures and emphasises the rights of the survivors of 7 violence. However, no punishments have been prescribed for the perpetrators of domestic violence. Currently, draft implementation plan prepared by women development department with technical assistance from UN-Women, Balochistan is ready to be shared with the 8 stakeholders. The Sindh Assembly passed a law on domestic violence in 2013 (Domestic Violence Prevention and Protection Bill 2013). It gives wide definitions of domestic violence and provides criminal liabilities for each category of 9 domestic violence. It is worth mentioning that Sindh is the first province to pass a law on domestic violence making Pakistan one of the 90 countries in the world which have legislation 10 against domestic violence. At federal level, the upper house of Parliament unanimously passed the Domestic Violence Prevention and Protection Act in Under this Act, a person (or anyone else authorised by him or her) who has been assaulted can file a petition in the court to seek relief. The court must schedule the date of hearing within seven 11 days of receiving a complaint. Under this Act, the court also has the power to award preventive orders and residence orders that prohibit the accused generally the husband from further acts of violence and communicating with his wife. Under the same Act, the court can direct the accused to pay 12 monetary relief to an aggrieved woman. Despite some shortcomings, these legislations have built a framework that can be further developed; however, for these legislations to come into effect, a lot more needs to be done. For example infrastructure such as police stations or shelter homes remain insufficient or inadequate. It is also worth noticing that no step has been taken yet by Khyber Pakhtunkhwa Assembly to pass a bill on domestic violence. With the number of victims of domestic violence increasing every day, the legislation on domestic violence is becoming extremely the environment in KP would be conducive soon to garner enough public and political support on the issue, but the implementation on the already approved legislation will also improve. 7. 'Legislative Watch', Aurat Foundation, accessed on 3 June, Shared by Ms. Rehana Khilji, Programme Officer, UN-Women during networking meeting in Quetta 9. 'Legislative Watch', Aurat Foundation, accessed on 3 June, 'Effective Implementation of Domestic Violence Act', Daily Pakistan Observer, accessed on 16 June, 'Laws against domestic violence in Pakistan', Pakistan Law Firm, accessed on 21 June, Amir Waseem, 'Domestic Violence: no more a private affair', Daily the Dawn, accessed on June 200, 2015 The Sisters' Voice-Issue 2: April-June 2015

6 06 Knowledge Corner What is domestic violence? Domestic violence is the wilful intimidation, physical assault, battery, sexual assault, and other abusive behaviour as part of a systematic pattern of power and control perpetrated by one intimate partner against another. Domestic Violence includes physical violence, sexual violence, psychological violence, and emotional abuse. The nature and intensity of domestic violence may vary; however, the one constant component of domestic violence is one partner's consistent efforts to establish and maintain 13 authority and power over the other. According to various studies conducted in several countries, domestic violence is a worldwide menace. Various reports show following percentage of women facing domestic violence: Canada 29%, Japan 59%, New Zealand 20%, United States 25%, United Kingdom 25%, Thailand 20%, Egypt 35%, Mexico 30%, and in 14 Colombia 19%. Various types of violence prevalent in Pakistan or other countries are as under; Physical abuse Physical injury is the most visible form of domestic violence. The scope of physical domestic/intimate partner violence includes slapping, pushing, kicking, biting, hitting, throwing objects, strangling, beating, threatening with any form of weapon, or using a weapon. Emotional abuse In recent years emotional abuse has gained recognition as an incredibly common form of domestic violence within the private home t h r o u g h o u t t h e d e ve l o p i n g n a t i o n s. Psychological abuse can erode a women's sense of self worth and can be incredibly harmful. A woman can be emotionally abused by using such tactics: destructive criticism, name calling, sulking pressure tactics, lying to the victim, or to friends and family about her, persistently putting the victim down in front of other people etc. Dowry deaths Dowry deaths have been described by the United Nations as a form of domestic violence. Women are often attacked and murdered if their in-laws deem their dowry to have been insufficient. The victim has to face torture and harassment in their in-laws homes because of their customsanctioned-inferiority that robs them of their basic human rights. The rate of dowry deaths has been rising in Pakistan for decades. Bride burning/stove deaths Another type of domestic violence, bride burnings, also known as stove deaths are widely reported in Pakistan. Stove burning may be motivated by anger over a wife's failure to fulfill dowry demands or to give birth to a male child, but it is also frequently the culmination of a larger pattern of domestic violence. Acid throwing This is another brutal form of domestic violence that we can see in Pakistan. In this, perpetrators of these attacks throw acid on the victims face and disfigure it. Mostly women are victims of 15 these attacks. Estimated 400 women are victims of such attacks in Pakistan, carried out by their husbands or in-laws. 13. 'What is domestic violence', National Coalition against Domestic Violence ( NCADV), accessed on 22 June, 'A rampant crime of the intimate: Domestic violence on women in Pakistan', Journal of Pioneer Medical Sciences (JPMS),' accessed on 24 June, 'Strategies and recommendations for prevention and control of domestic violence against women in Pakistan', Journal of Pakistan Medical Association, accessed on 29 June, 2015 The Sisters' Voice-Issue 2: April-June 2015

7 07 Advocacy t o combat domestic violence: Tools and good practices Many organisations around the globe are carrying out advocacy work to combat domestic violence. However, any advocacy strategy can only be effective if it aims to affect change at various levels- including increasing community awareness of the issue, influencing law and policy making and improving the government response to violence against women. Therefore, before carrying out an advocacy campaign on domestic violence a CSO or NGO must ensure that: A clear issue or problem related to domestic violence that can be resolved through action has been identified Points to ponder! The basis of an effective advocacy on preventing domestic violence is the encouragement of respectful, nonviolent relationships between individuals, communities or societies Any advocacy strategy should treat domestic violence as a human rights issue involving men and women of all ages and socio-economic, racial, ethnic and religious backgrounds It is important for advocates and support workers to keep a balance between encouraging women to opt for legal action and not forcing them into doing something they may not be ready to do A proper investigation or research on the nature and extent of the problem has been carried out Clear problem and desired outcome are defined The strategy to be undertaken is articulated Selected activities for potential risks have been evaluated Alliances and coalitions for support have been built Understanding relevant departments' structures, ways of working and developing close working links with key departments is very important A relationship built on empathy and trust with the victims bear fruits Advocacy campaign targeting a specific community or a geographical area tend to be more effective The respect for the traditions and cultures of the area must be maintained Sources '15 ways you can help stop domestic violence', Delaware Coalition against Domestic Violence, accessed on 22 June, 2015 'Prevent domestic violence in your community', Centers for Disease Control and Prevention, accessed on 22 June 2015 Tackling domestic violence: providing advocacy and support to survivors of domestic violence', Home Office Development and Practice Report 34, ' accessed on 23 June, 2015 'Response to the problem of domestic violence', Centre for Problem Oriented Policing, accessed on 23 June, 2015 ' Advocacy approaches',the Advocates for Human Rights,, accessed on 23 June, 2015 The Sisters' Voice-Issue 2: April-June 2015

8 08 Salient features of Domestic Violence Prevention and Protection Act-2012 Domestic Violence includes all acts of gender based and other physical or psychological abuse committed by a respondent against women, children or other vulnerable persons, with whom the respondent is or has been in a domestic relationship Domestic Violence includes: Emotional, psychological and verbal abuse; harassment; hurt; mischief; physical abuse; stalking; sexual abuse; trespass; wilful or negligent abandonment; wrongful confinement and economic abuse An aggrieved person may present a Petition to the Court in the first instance. The Court will then fix the first date of the hearing, which should be within seven days from the receipt of the petition by the court The next step for the court is to issue a notice on the accused. The petition has to be disposed of within a period of ninety days The Court can at any stage of the proceedings direct the accused and or aggrieved to undergo mandatory counseling with an appropriate service provider In the case of the Court issuing any direction, it shall fix the next hearing of the case within a period not exceeding thirty days The aggrieved person cannot be evicted from the household without consent The Court has the power to pass an Interim Order at any time and stage of the petition The monetary relief should be paid within the period specified in the Order and in accordance with the terms in it Failure on part of the respondent to make payments in terms of the above Order, the court has the power to direct an Employer or Debtor of the respondent to pay the aggrieved person directly or deposit with the court a portion of the wages and salaries. This amount will then be adjusted towards the monetary relief payable by the accused The Interim Order shall remain in force until Implementation of laws on domestic violence can improve the lives of many women in Pakistan the aggrieved person applies to have this discharged. Further, the Court may pass any changes, alterations, modifications or recalling of any Interim Order, as it deems appropriate A breach of an Interim Order is an offence and is punishable with imprisonment, which shall not be less than six months and with a fine, which may not be less than One Hundred Thousand Rupees The Court has the power at any stage of the petition for Protection Order or for any other relief to grant temporary custody of an aggrieved person. The custody could be of a child or an adult Any person convicted by a court may file an appeal to the court of Sessions within thirty days of the passing of the Order of Sentence and the court of Sessions shall decide the appeal within sixty days It is proposed that the Federal Government shall constitute a Protection Committee for the purpose of this Act (Extracted from CAMP's Training Manual Laws Protecting Women in Pakistan, 2015 ) The Sisters' Voice-Issue 2: April-June 2015

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10 07 15 ways you can help stop domestic violence', Delaware Coalition against Domestic Violence, accessed on 22 June, 2015 'Prevent domestic violence in your community', Centers for Disease Control and Prevention, accessed on 22 June 2015 Tackling domestic violence: providing advocacy and support to survivors of domestic violence', Home Office Development and Practice Report 34, ' accessed on 23 June, 2015 'Response to the problem of domestic violence', Centre for Problem Oriented Policing, accessed on 23 June, 2015 ' Advocacy approaches',the Advocates for Human Rights,, accessed on 23 June,

11 'What is domestic violence', National Coalition against Domestic Violence ( NCADV), accessed on 22 June, 'A rampant crime of the intimate: Domestic violence on women in Pakistan', Journal of Pioneer Medical Sciences (JPMS),' accessed on 24 June, 'Strategies and recommendations for prevention and control of domestic violence against women in Pakistan', Journal of Pakistan Medical Association, accessed on 29 June,

12 05 6. 'Legislative Watch', Aurat Foundation, accessed on 3 June, Shared by Ms. Rehana Khilji, Programme Officer, UN-Women during networking meeting in Quetta 8. 'Legislative Watch', Aurat Foundation, accessed on 3 June, 'Effective Implementation of Domestic Violence Act', Daily Pakistan Observer, accessed on 16 June, 'Laws against domestic violence in Pakistan', Pakistan Law Firm, accessed on 21 June, Amir Waseem, 'Domestic Violence: no more a private affair', Daily the Dawn, accessed on June 200,

13 04 : 1. Parveen Azam Ali, 'Violence against women in Pakistan: A framework for analysis', Journal of Pakistan Medical Association, accessed on Aroosa Shaukat, ''Womens Protection Bill withheld for consultation', Daily The Tribune,, punjab-assembly-womens-protection-bill-withheld-for-consultation/, accessed on 20 June, The Punjab Commission on the Status of Women, accessed on June 20, ibid 5. 'Punjab Protection of Women against violence Bill 2015 tabled in the Punjab Assembly', Lahore World, accessed on June 20,

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16 (Commonwealth Foundation-UK)