BASELINE SURVEY Enhanced Democratic Accountability and Civic Engagement (EDACE)

FINAL REPORT BASELINE SURVEY Enhanced Democratic Accountability and Civic Engagement (EDACE) Submitted By Cynosure Consultants Pvt. Ltd.

Final Report Baseline Study on Enhanced Democratic Accountability and Civic Engagement (EDACE) Region Karachi, Sukkur, Jacobabad, Kashmore, Ghotki, Multan, Muzaffargarh and Rajanpur Submitted to Development Alternatives Incorporated (DAI) Submitted by Cynosure Consultants (Pvt.) Ltd Authors Ms. Umm e Zia Ms. Syeda Viquar-un-Nisa Hashmi Ms. Munazza Zia Date of Submission 26 November 2014

Table of Contents 1. OVERVIEW OF THE REPORT... 16 1.1. Introduction and Background... 16 1.2. Objectives of the Baseline Survey... 16 1.3. Methodology... 16 1.3.1. Desk Review... 17 1.3.2. Inception Meeting... 17 1.3.3. Geographic Scope and Sampling... 18 1.4. Respondent s Profile... 19 1.4.1. Demographic Profile... 19 1.4.2. Economic Profile... 20 1.5. Data Collection from the Field... 21 1.5.1. Key Informant Interviews (KIIs)... 21 1.5.2. Household Interviews (HHIs) and Focus Group Discussions (FGDs)... 21 1.5.3. Observation at Site... 23 1.6. Data Entry and Analysis... 23 1.7. Challenges Faced During the Survey... 23 1.8. Consultant s Team... 23 2. AWARENESS ON CIVIC & LEGAL RIGHTS AND ACCESS TO JUSTICE... 24 2.1. Awareness of Rights... 24 2.1.1. Level of Awareness of Rights Among Masses and Its Implications... 24 2.1.2. Source of Information for Awareness of Rights... 26 2.1.3. Impact of Awareness of Rights on Life and Community... 28 2.1.4. Protection of Rights in the Community... 29 2.1.5. Minorities and Protection from Discrimination... 30 2.2. Security Situation and Law & Order... 34 2.2.1. Current Situation of Law and Order... 34 2.2.2. Satisfaction with Law and Order Situation... 35 2.2.3. Trends in Law and Order Situation... 36 2.2.4. Perceived Reasons for Changing Law and Order Situation... 37 2.3. Communal Harmony... 39 2.3.1. Conflict Drivers... 39 2.3.2. Major Crimes... 39 2.3.1. Methods of Dispute Resolution... 40 3. LEGISLATIVE AND POLICY ISSUES AFFECTING THE PROVISION OF RULE OF LAW AND COMMUNITY SECURITY... 42 ii

3.1. International Commitments... 42 3.1.1. Civil and Political Rights... 42 3.1.2. Economic Social and Cultural Rights... 43 3.1.3. Legislation for the Protection of Women... 43 3.1.4. Special legislation for the Protection and Welfare of Children... 45 3.2. Legislation and Policies at Institutional Level... 45 3.2.1. Judiciary... 45 3.2.2. Legal Profession... 46 3.2.3. Prosecution Service... 46 3.2.4. Alternative Dispute Resolution... 47 3.2.5. Police... 47 3.2.6. Anti-Terrorism Laws... 48 3.2.7. Citizen Police Liaison Committee... 49 3.2.8. Prison... 50 3.2.9. Non-Governmental Organizations... 50 3.3. General Issues of Pakistan Legal System... 51 4. DUTY BEARERS MANDATE, CAPACITY AND THEIR RELATIONSHIP WITH THE RIGHT HOLDERS... 52 4.1. POLICE... 52 4.1.1. Mandate... 52 4.1.2. Interaction with Police and Major Complaints Registered... 53 4.1.3. Behavior of Police... 55 4.1.4. Case Resolution and Response Time... 57 4.1.5. Feedback of Office Bearers... 57 4.2. COURTS... 60 4.2.1. Mandate... 60 4.2.2. Nature of Public Interaction with the Courts... 62 4.2.3. Satisfaction with Access to Justice Mechanism... 64 4.2.4. Problems Faced in the Court Case... 64 4.2.5. Public Perception and Experience of Interaction with Judges... 66 4.2.6. Timeliness... 67 4.2.7. Duty Bearer Perception & Experience... 68 4.3. PRISONS... 70 4.3.1. Mandate... 70 4.3.2. Office Bearers... 71 4.3.3. Public Experience and Interaction with Prison System... 71 4.3.4. Prisoner Rights... 72 4.3.5. Accountability in Prison System... 76 iii

4.3.6. Official Accountability Mechanism... 77 4.3.7. Office Bearer Perception... 78 4.3.8. Health and Psychiatric Facilities... 80 4.4. Dar Ul Aman (DUA)... 81 4.4.1. Citizen Perception and Experience of DUA... 81 4.4.2. Survivor Profile and Feedback... 82 4.4.3. Institutional Perspective... 83 4.5. NON GOVERNMENTAL ORGANIZATIONS (NGOS)... 85 4.5.1. Public and Duty Bearers Perception of NGOs... 86 4.5.2. Role of Community in the Enforcement of Rights... 86 4.6. OTHER SERVICE DELIVERY INSTITUTIONS/HELPLINES... 88 4.7. ROLE OF ALTERNATIVE DISPUTE RESOLUTION AND ITS IMPLICATIONS... 89 4.7.1. Policy Environment... 89 4.7.2. ADR in Pakistan... 90 4.7.3. Cost of ADR... 91 5. CONCLUSIONS... 93 iv

List of Tables TABLE 1: INITIAL GEOGRAPHIC SCOPE... 18 TABLE 2: FINALIZED GEOGRAPHIC SCOPE OF THE SURVEY... 18 TABLE 3: OVERVIEW OF NUMBER OF HHIS CONDUCTED... 22 TABLE 4: OVERVIEW OF NUMBER OF FGDS CONDUCTED... 22 TABLE 5: LIST OF BASIC RIGHTS... 25 TABLE 6: REASONS FOR WORSENING POLITICAL SITUATION ACROSS TARGET REGIONS... 38 TABLE 7: REASON OF INTERACTION WITH THE POLICE... 54 TABLE 8: NUMBER OF WOMEN POLICE STATIONS IN TARGETED REGIONS... 59 TABLE 9: JUDICIAL STATISTICS FOR SUBORDINATE COURTS AS OF 1ST OF JUNE, 2012... 68 TABLE 10: WOMEN AND JUVENILES IN PRISONS (2013)... 75 TABLE 11: APPROVED VS ACTUAL CAPACITY OF PRISONS... 79 TABLE 12: OVERCROWDED PRISONS IN SINDH... 79 TABLE 13: NUMBER OF DUAS IN SINDH... 81 TABLE 14: SOURCES OF DISPUTE RESOLUTION... 92 TABLE 15: BRIEF OF THE PROJECT... 96 TABLE 16: FEE SCHEDULE OF DISPUTE RESOLUTION FACILITATED BY KCDR... 179 v

List of Figures FIGURE 1: REGION-WISE DISTRIBUTION OF RESPONDENTS BY GENDER... 19 FIGURE 2: RELIGION OF RESPONDENTS... 20 FIGURE 3: RESPONDENTS EDUCATION LEVEL... 20 FIGURE 4: SOURCE OF INFORMATION FOR AWARENESS OF RIGHTS... 27 FIGURE 5: RESPONDENTS OPINION ON PROTECTION OF THEIR RIGHTS... 29 FIGURE 6: PROTECTION FROM DISCRIMINATION ON DIFFERENT GROUNDS... 30 FIGURE 7: CASES LODGED AGAINST CHRISTIANS ON RELIGIOUS GROUNDS IN 2013... 32 FIGURE 8: MAJOR PROBLEMS OF LAW & ORDER ACROSS REGIONS... 34 FIGURE 9: DIFFERENCE IN LEVEL OF SATISFACTION BETWEEN MEN AND WOMEN IN TARGET REGIONS... 36 FIGURE 10: AUTHORITIES APPROACHED FOR DISPUTE RESOLUTION... 40 FIGURE 11: INTERACTION WITH THE POLICE... 53 FIGURE 12: BEHAVIOR OF THE POLICE... 55 FIGURE 13: CASE RESOLUTION AND RESPONSE TIME... 57 FIGURE 14: COURTS IN ORDER OF AUTHORITY... 61 FIGURE 15: NATURE OF PUBLIC INTERACTION WITH THE COURT... 62 FIGURE 16: NATURE OF CIVIL MATTERS COURT APPROACHED FOR... 63 FIGURE 17: NATURE OF CRIMINAL MATTERS COURT APPROACHED FOR... 63 FIGURE 18: MEDIAN COST OF INTERACTION WITH COURTS... 65 FIGURE 19: LAWFULNESS OF DETENTIONS... 72 FIGURE 20: QUALITY OF LEGAL COUNSEL TO INMATES... 73 FIGURE 21: BRIBERY AND UNLAWFUL FAVORS MADE BY PRISON AUTHORITIES... 74 FIGURE 22: SATISFACTION LEVEL FOR REDRESSAL MECHANISM IN PRISON... 77 FIGURE 23: PRIMARY REASONS FOR ACCESSING DUA... 82 FIGURE 24: PROBLEMS FACED IN DUA... 83 FIGURE 25: AWARENESS REGARDING NGOS WORKING IN THE TARGET REGIONS... 85 FIGURE 26: AWARENESS REGARDING HELPLINE SERVICES... 88 FIGURE 27: DIFFERENT ADR SYSTEMS... 90 FIGURE 28: MEDIAN COST OF INTERACTION WITH JIRGA/PANCHAYAT... 91 FIGURE 29: KCDR STATISTICS (2007-2013)... 178 vi

Executive Summary OVERVIEW OF THE SURVEY The Enhanced Democratic Accountability and Civic Engagement (EDACE) project works to strengthen constructive citizen-state relations by empowering citizens to know and exercise their rights through democratic processes and fostering state capacity to use democratic processes to respond to citizens priorities in a timely, transparent, and accountable manner. In order to establish baseline values for various project indicators 1, DAI retained the services of Cynosure Consultants (Pvt.) Ltd. to undertake the Baseline Survey. The study was undertaken through a combination of desk research and primary information gathered during the Inception Meeting, EDACE Integration Workshop, (18) Key Informant Interviews, (955) Household Interviews, and Focus Group Discussions with (480) beneficiaries targeting a total of 1435 individuals. The respondents were profiled demographically and according to socio-economic status. Overall, 53% men and 47% women of all ages (18 and above) were individually interviewed. The majority of respondents were Muslims (91%), while interviews with minorities including Christians (1%) and Hindus (8%) were also conducted. Approximately one-third of the respondents (32%) reported being illiterate. More than half of the respondents (54%) had an average household income of less than PKR 10,000 (GBP 61) per month 2. AWARENESS ON CIVIC & LEGAL RIGHTS AND ACCESS TO JUSTICE Awareness of Rights: The respondent awareness of rights was mixed within the two categories of rights, i.e. Civic Rights and Legal Rights. Among the legal rights there was a high level of awareness about right to practice religion (92%) and freedom of assembly, and freedom of movement (92%), while of the civic rights awareness was highest regarding right to vote (95%). A large proportion of the respondents felt that their rights are protected in their community. Interestingly more than 90% Hindus and 75% Christians, as compared to 85% Muslims stated to be protected from discrimination based on ethnicity and religion. Security Situation and Law and Order: Based on the survey findings in all target regions, theft was reported to be the major law and order problem reported by 68% respondents. Among heinous crimes murder was cited as a major problem of law and order by 7% of the total respondents surveyed. Forced 1 Log Frame attached with TORs 2 1 GBP = 163.99 PKR xii

conversions, blasphemy accusations and discrimination in education, employment, and participation in political process were, however, identified as major issues faced by minorities. Despite the rampant incidents of law and order issues across the regions, when asked about the current status, only one out of four (26%) respondents rated the law and order situation in their area as Unsatisfactory, while the majority (72%) found it to be Satisfactory. When asked about the respondents perception regarding any change in law and order situation over the past one to two years, overall42% felt that there had been no change, whereas 35% individuals across the three surveyed regions felt that the situation had in fact improved over time. Communal Harmony: According to the feedback received from communities and key informants, nonfulfillment of basic rights such as access to education, health and livelihood opportunities were the biggest conflict drivers. In terms of dispute resolution, Biraadri was found to be most frequently approached authority (43%), followed by police (31%), and Panchayat (14%). LEGISLATIVE AND POLICY ISSUES AFFECTING THE PROVISION OF RULE OF LAW AND COMMUNITY SECURITY The Government of Pakistan (GoP) is obligated by virtue of constitutional and international commitments to protect the human rights and take special measures for the protection of vulnerable persons including women, children and minorities. In pursuance thereof the GoP promulgated inter alia pro-women legislation which have been adopted by the provinces. Nevertheless, due to inherent gaps, lacunae within the legal framework their implementation is not leading to fruitful results. Further institutionally there is complete lack of minimum standards for the protection of human rights. DUTY BEARERS MANDATE, CAPACITY AND THEIR RELATIONSHIP WITH THE RIGHT HOLDERS This section provides an overview of the key public institutions i.e. law enforcement agencies, courts, prison, DarulAman (DUA), non-governmental organizations and Alternative Dispute Resolution (ADR) Mechanisms. Police: Based on the survey results, overall, about half of the respondents (48%) have interacted with the police. The largest proportion of respondents (44%) said that their reason for interaction with the police has been to lodge a complaint/fir against theft. Of those who had interacted with Police, majority were xiii

dissatisfied with the police behavior, with (48%) reporting that the Police s behavior was rude, 15% said that the behavior was discriminatory, and 6% said the Police to be nonresponsive. Overall, 44% interviewees responded that the cases reported to the Police have been resolved while 14% are still awaiting resolution. Average time for police to resolve a dispute was 8.3 months. Courts: According to survey results, almost half the respondents (44%) reported having approached a court for grievance redressal. Among the nature of issues for which the court was approached, 95% of the cases filed fell in the family case category while 40% cases were filed in the civil case category. Overall, 36% of the cases filed were related to criminal matters. A little over half of the respondents (53%) said that they are satisfied with the justice mechanism 3. On the other hand, 39% said they are not satisfied and 8% said that they are somewhat satisfied. The foremost reason for dissatisfaction with the legal system was the high expense (32%), closely followed by the process being too lengthy (28%). Overall 4, more than half of the respondents of individual interviews (55%) said that their case has been resolved, while one in five (20%) said that the case was not resolved, and 25% said that the case was still pending. The average case resolution time was reported to be 2.3 years (841 days). Prisons: Amongst the respondents of the individual interviews, 46% said that they are aware of the prison system. Overall, 70% provided their perception regarding legality of detentions. Of these, 60% believe that detentions are sometimes lawful and at other times unlawful. The KIIs with Prison authorities provided further insights into the survey findings. The discussion was focused on aspects of legislation governing prisons, overcrowding, availability of facilities for inmates, training of officials, grievance redress mechanism, and need for the rehabilitation of inmates though psychiatric therapy. Dar Ul Aman (DUA): Of the total respondents interviewed in all three regions, only 50% shared their perception regarding the safety of DUA. Incidentally, opinion was split regarding DUA being a safe place for women. Based on the literature review, interviews with representatives, and visit to the DUA 5, major problems were noted with the shelters 6. In addition to the critical issue of overcrowding, the shelter homes do not have 3 Although, 44% respondents mentioned having approach the court, almost 70% provided an opinion regarding satisfaction with the justice mechanism. Therefore, the answers provided were based both on direct experience as well as perception. 4 Despite the fact that 44% of the surveyed population indicated that they have interacted with the courts, only 35% provided information related to case resolution. 5 DUA Sukkur was visited as part of this Baseline Study xiv

proper facilities such as access to timely medical assistance, psychiatric help or reliable legal aid 7. Furthermore, there are no proper educational or recreational facilities for children who are the most neglected. Non Governmental Organizations (NGOs): Overall, 61% interviewees said they are aware of NGOs working in their area. However, as subsequent data analysis suggests, only a negligible portion of these NGOs work with issues of human rights and access to justice. Instead, most of the NGOs are engaged in flood relief and rehabilitation, and livelihoods, etc. Other Service Delivery Institutions/Helplines: Overall, 61% of the survey respondents said they are aware of the listed helpline services in their community. Of those who were aware of different helpline services 8, only one in three people, 33% have used a helpline service. Role of Alternative Dispute Resolution and Its Implications: In addition to the formal system, there is also a significant reliance on Alternative Dispute Resolution mechanisms. These include agencies like the Karachi Center for Dispute Resolution and local Jirga and Panchyat. However, the role of informal ADR has often been criticized due to the frequent violation of basic humans rights reflected in the decisions made through this system. 6 http://eftglobal.org/dar-ul-aman-sukkur-reality-and-needs/ 7 http://www.dawn.com/news/868127/darul-aman-in-punjab 8 61% of the total respondents xv