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THANK YOU ! WE ARE TIRED OF THE OOZING MARDANGI IN OUR POLITICS

The narratives about womanlihood that are suddenly floating around on the political landscape are shocking. Sheikh Rashid calling Bilawal Bhutto Bilo Rani was enraging, and that too in crowds that are talking of a new Pakistan and in the presence of so many women. I am in a shock reading the criticism of Bilawal Bhutto after his debut rally in Karachi on the social media. Regardless of the content of his speech the criticism especially of educated people has focused on him not being a macho enough of a man for the taste of the macho guys around. It is the symbolism of manlihood, womanlihood and the mindset of the Pakistani political ethos right now, which is disgusting.

For many I would have to explain why I am upset at the putting down of a man calling her a woman as that might not be obvious to those who use such swear words in routine. Calling someone a woman or feminine as a put down is a slap in the face of half the population of this country. I would assume it is also a slap in the face of those aware men who do understand that this reflects the sick patriarchal and macho mindset that still prevails and thinks that woman is a lower being, a joke, a put down and a swear word. It is the same crowd that does not hesitate using swear words about mothers and sisters in their routine language and unfortunately modern education has not done anything for them in this regards.

My second point is that we are sick and tired of the macho manliness, thank you very much! In a country where muscular body, big mustache and a turban in case of rural and a big muscular body, empty brain and macho talk of women in case of urban areas is the cool standard of masculinity, we are tired of men killing their daughters and wives. We are tired of men raping 2 -6 years old girls. We are tired of men blowing bombs; we are tired of men beating women, even their life partners. Rather than respecting the mother of their children, raping and brutally murdering them. I am not talking of ‘criminals’ I am talking of men who are very proud of being a MAN and are very proud to be killing their family women for so called “honour”. I am sorry but there is something very wrong with the way our society has painted the “masculinity”.

I am reminded of Shaan, the actor, when he started his acting career. Before him Punjabi hero never sang or danced, he always was with a gun or a dang. When Shaan joined he was modern looking , clean shaved, singing and dancing. We were very happy with this transformation of the Punjabi films but someone must have started criticizing him or his directors, because soon he was back in Sultan Rahi macho mode. The same style of speaking with big mustache, guns and dangs to stay afloat. He had to work hard to make his space.

It is time we stop seeing the manlihood in aggressive, violent and macho sense and start appreciating a civilized attitude, non aggression, good manners and intelligence as good attributes for men to have. I do not have much hope for Mr. Shiekh Rashid but the new generation of men might take a different route than its predecessors. It is also time for male politicians and our educated lot to start respecting women and stop using them for put downs and swear words. Enough of Bilo Rani, enough of using phrases like ‘wearing bangles like a woman’, enough of phrases like dopatta pehen lo (wear a veil). If social scientists and gender experts and so many women failed to change the men then brain surgery might be the answer.

 

Fouzia Saeed

Pakistan Fellow at Woodrow Wilson International Center for Scholars

Washington DC   @FouziaSaeed

 


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Every institution failed Amina

http://tribune.com.pk/story/758534/comment-every-institution-failed-amina/

By Fouzia Saeed, Pakistan Fellow at Woodrow Wilson Center, Washington DC

Published: September 6, 2014

fire 

Amina set herself on fire in front of the police station in Muzaffargarh on the 5th of March 2014 because her rapists were released with the help of the police.  Her case created a media hype. Despite getting attention from the highest authorities it fell into the routine game playing of the police. Unfortunately, Amina’s parents did not get justice. The court acquitted the culprits on the basis of significant doubt and limited evidence. 

Amina was an 18-year-old first year student.   On the 5th of January 2014, she was travelling with her brother on his motorbike, when four men stopped them and attacked her, tearing her clothes and attempting to rape her.   Some people living close by came out and chased the men away. A woman put a chador around her to cover her body.

Later, her family said that the man accused of being the ringleader of the group was the brother of her sister’s husband.  He apparently had asked several times, but her parents refused every time. They were already very unhappy about their other daughter’s marriage to that family.

Amina became furious when after three months, the police not only released the culprits, but also submitted that there was no evidence to uphold any claim. Thus the case was thrown out. Her deadly protest generated reaction.

On March 14th, the opposition in the Punjab Assembly complained about the pitiable law and order situation in the province.  Although the Law Minister gave a long speech explaining what the government would do to ensure a proper outcome, the opposition still walked out in protest.

The CM visited her family and appointed an additional IG with instructions to deliver a report immediately. When the CM took notice, the police went into their usual cover-up routine. The CM intervened again and suspended the RPO and DPO for not taking action and instructed to arrest the DSP, SHO and Investigating officer of the Police Station Mir Hazar Khan for negligence.

The Supreme Court of Pakistan also took suo motu notice and considered the actions of the police to be in violation of Articles 9, Articles 4, 25(3) and 37(d) of the Constitution. They immediately asked for the police reports. Hearing the usual story from the Additional IG of Punjab, that the whole case had been fabricated, the Chief Justice (at that time) Tassaduq Husain Jillani rejected the opinion, offered deep condolences to the mother of Amina and instructed a Sessions Judge to investigate the case properly.

As soon as the new notoriety surrounding her death faded, the usual police tactics took over. They immediately released the DSP and SHO from jail and re-amended  the FIR (no 31/14), removing the references to PPC sections (322, 201) and the Anti-terrorism Act section 155-c, 7 that had been added under the orders of the Supreme Court. Amina’s lawyer moved to re-amend the FIR but the submission was rejected and even the high court no longer seemed interested to pursue it further.

A series of bizarre stories soon started to circulate within the Muzaffargarh social circles creating doubts about the honesty of the victim. This is another tactic very skilfully applied by the police.

After the CM’s intervention and the response of the Supreme Court, Amina’s parents felt brave enough to pursue the case to get justice for their daughter. Unfortunately, although the CM allegedly promised Rs500,000 to cover the family’s legal fees, no money was ever received, and no one among the higher authorities is following the case any longer.

The Session court has just decided to acquit the culprits, and the investigation officer who was still in jail, for lack of evidence. The ability of the police to re-frame charges, conduct shoddy investigations, falsify evidence in order to create doubts works every time. Nothing in this story is new to anyone who has looked into the crime of rape in Pakistan. These are classic tactics applied to every case since it is always the culprit who is willing to pay more in bribes to get the case thrown out and is usually more politically powerful than the victim’s family.   Because of this collusion between the police and criminals, the conviction rate for rape cases in the Islamic Republic of Pakistan is less than one percent.

If this is the fate of rape investigations in cases that get substantial media attention, we can only imagine what happens to those that go through the normal process. A few days ago another gang rape victim in Dera Ghazi Khan set herself on fire because the police released the rapists. Is that going to be the future for rape victims in Pakistan? Will the rule of law ever become a priority for women in our society?

Published in The Express Tribune, September 6th, 2014.

 


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INTERNATIONAL WOMEN’S DAY: Legislations Passed – The Silver Lining

Read My Article: http://tribune.com.pk/story/680052/international-womens-day-legislations-passed-the-silver-lining/

Today is a day to highlight the most pertinent issues confronting women, to celebrate our achievements, to identify the  gaps and, most of all, stand in solidarity for change. Today is not a Hallmark day to merely say, “Happy Women’s Day!”
The most prominent achievement for women in the past few years has been the passage of new progressive legislation for women. Perhaps this is the time to reflect on well we have utilized those advances. How many steps forward have we taken and how far back have we slipped. On the whole, we can say that regardless of the passage of good legislation, we cannot move forward unless we all are willing to make it work.
Taking a quick look at the progress made on the implementation of the seven laws passed over the last four years, it seems that the highest marks can be given to the Benazir Income Support Program, the anti-sexual harassment legislation and empowering the NCSW. Although quite different in nature these are the only ones that have an organised mechanism for implementation.
The Benazir Income Support Program Act culminated in a project that made its mark by directly assisting thousands of women to develop themselves. Although there were concerns that the new Government might allow it to lapse, a wise decision last year will allow the program to continue and build upon its achievements.
On the sexual harassment front, within the first year after passage, over 1000 cases were filed and the figure has steadily risen.  However, many complainants are facing increased pressure to drop their cases and several accused have been able to save themselves through high level connections. Nevertheless, the banking sector, including the State Bank, several federal government agencies, such as NADRA, as well as HEC and many universities have shown outstanding results, setting a precedent for the future. At a ceremony in December last year, awards were given to eight organisations and individuals that had built exceptionally supportive work environments. While these achievements might appear limited, the change in people’s attitudes has been revolutionary. Although the private and government sectors are steadily improving, the offices of the Anti-Sexual Harassment Ombudsmen in Karachi, Lahore and Islamabad, established to support the victims of this crime, have been working below expectation. Collectively, they have employed an insensitive working model that has failed to support victims by making unnecessary delays and failing to understand either the legislation or the issue.
The National Commission on the Status of Women (NCSW) was re-established early last year under a revised Act. The revised legislation provided a stronger legal basis for the Commission, which is the national watch dog body on women’s issues. However, while the legislation provided autonomy for the Commission, the bureaucracy got its revenge by making the the passage of the implementing rules an unnecessarily long and drawn out affair. As a result, the impact this institutional reform is yet to be seen.
As the devolution aspects of the18th Amendment gather momentum, the provinces have been gearing up their new legislative agenda. Although women’s issues have not been seen as a major priority, there have been some commendable efforts. Sindh started off by passing its domestic violence bill.  Passage of this bill by a province was a bittersweet victory as civil society had failed for nine year to get it passed by the federal parliament. Balochistan followed suit, but with a weaker version. Nevertheless, we give them high marks for their intention and action as an amendment has been promised to fix some critical gaps in the text.
Despite world-wide attention on Pakistan, the amendment to the PPC that criminalized acid burning has not made much difference on the number of cases registered or convictions obtained during the last year. The reason is that this was supposed to be a set of two pieces of legislation, an amendment in the PPC, plus a comprehensive law that fully tackles the full challenge faced when filing a complaint, collecting evidence, and conducting a judicial inquiry. That comprehensive bill was never passed and now must approved by each province individually. Although one feels that In the face of the gravity of this crime, you might wonder who would oppose such a badly needed law, nevertheless the provincial governments have not yet considered it important enough to be taken up for a vote.
The implementation on the PPC amendment on anti-women practices, covering such crimes as forced marriage, exchanging women to resolve local conflicts and preventing women from inheriting their rightful share, has only seen limited results since being signed in December 2011.  Such issues, deeply rooted in the patriarchal nature of our society, have strong backing from the local social elite. Faced with such powerful resistance, the resolve of our state machinery quickly withers.  As with acid burning, domestic violence and rape, these are crimes are committed as an expression of power over women. These will not disappear merely because they are now illegal.  Their impact will be diminished only when our society condemns their perpetrators.
While reviewing the progress in recent years, one point stands out clearly: Implementation of pro-women laws, where it is done at all, results from the efforts of committed groups or individuals that push the process.  In many cases, these committed individuals are themselves complainants who have felt empowered by the new statutes, no matter how painful their journey might be.  These activists know they are cutting against the grain of our society, but they continue to struggle in order to reduce the pain our society inflicts on its own women. These activists are resolute in their efforts because the people in power, who should take it upon themselves to implement these laws, fail to do so because they are too busy resisting or covering their own tracks.


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ANTI-SEXUAL HARASSMENT LAWS ARE APPLICABLE TO UNIVERSITIES IN PAKISTAN

Although everyone would be more concerned about the attacks in Waziristan, I do want to share this article which  clarifies some of the misconception created by the print media. It is disheartening that one has to work so hard to get a positive impact from a law, but everyone picks up something negative so fast. I don’t know if the amendment will pass or not but the way he has talked to the press has thrown our work back about two years. We have been trying to control the damage for the last five days  Anyway here is my clarification. If you know people in the universities kindly help me circulate this article widely. Now that we had the universities adopting this law we don’t want to have any sliding back.

The anti-sexual harassment law is applicable to all institutions, government, private, civil society and as the text of the law regarding this clearly states, “to the educational institutions” as well (Section 2 Paragraph 1). A recently proposed amendment in the Senate created an impression that the law is not currently applicable in the educational institutions. This is totally incorrect. I will explain the challenges this law is facing because of some elitist elements, which are persistent in harassing others and pull all strings to get away with it.

The amendment moved recently in the Senate has a positive intention. We have given our inputs. If approved, it should expand the definition of sexual harassment which will help cover, in a better way, all complainants who are not employees of an institution but are harassed by an employee. These include students as well. We hope the government will look at such changes in a positive manner.

The law, Protection Against Harassment of Women at Workplace Act of 2010, was signed on March 9, 2010. In January 2011, the Higher Education Commission (HEC) dispatched a detailed guideline for all universities to comply with the new law.

The law has a provision for an appeal process. If you approach the Inquiry Committee of the institution, either party can go in appeal to the ombudsman. You can also go to the ombudsman, under section eight which states that, “Any employee shall have the option to prefer a complaint either to the ombudsman or the inquiry committee.” In such a case, either party can take the decision for a representation to the president. But no one gets to appeal twice. Perhaps a future amendment can also make this more explicit.

The university controller of examinations of the Quaid-e-Azam University (QAU) was forcefully retired by the university for physically harassing a young female student. The story was corroborated by many witnesses. A frenzy was created within the syndicate. Most respected Supreme Court Justice Nasirul Mulk, who happens to be on the syndicate of the QAU, ruled that the law is applicable to universities. The controller took the case in appeal to the ombudsman where the university’s decision was upheld. He tried his luck in the high court but did not get anywhere. He then took the case to another appeal — to the president. The second appeal is not allowed under the law. The president sent the case to the law ministry where, we are told the ministry said the law doesn’t cover student grievances. We disagree with this opinion as the definition clearly states: “Harassment means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes … or the attempt to punish the complainant for refusal to comply to such a request …”. This was a classic case where a senior controller examination abused his position to create fear of reprimand and physically harassed a young female student in his office and was fully covered under the law and fully within the HEC policy which the university officially adopted.

More than 40 complaints of sexual harassment, mostly by students against professors, have been resolved so far. Five major cases have been tackled in QAU itself. Thus, I would like to make it clear to the senators to kindly not frame their discussion in terms of whether this law should include universities or not. This is damaging for our implementation process. The universities are already included. They will be going against the law if they do not establish the complaint mechanisms. Any help in further strengthening the act by them will be welcomed.

Published in The Express Tribune, February 20th, 2014.

 


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Unending woes: The naked truth about fishing

World Fisheries Day is celebrated across the planet on the 21st of November, and is marked by celebration and solidarity of all fisherfolk.

In most countries, the key issues revolve around over-harvesting, marking international water boundaries and sanctioning countries that refuse to follow international conservation norms.

However, our Pakistani fisherfolk are still struggling for basic personal dignity. Extortion by the coast guards is a daily routine for those going out to fish every morning. Villagers are forced to comply to extortion demands or face serious harm and humiliation.

About one week ago, a few fishermen grew tired of this daily extortion and refused to pay. In return, they were forced to strip naked in public, saying they needed to check if they were Muslims or Hindus. When they again resisted, they were beaten until they stripped.

On November 19, the Pakistan Fisherfolk Forum organised a huge rally near the coastal village of Ibrahim Haideri to protest the illegal actions, but no action has been taken against the offending Guardsmen. Unfortunately, the norm in Pakistan is for the victim to be punished for complaining of abuse. So, instead of being worried about this open protest, the Coast Guardsmen have increased their harassment of the fishing community.

The Pakistan Fisherfolk Forum is headed by Mohammad Ali Shah with members from all over the coast of Sindh and Balochistan. In the past, the Forum struggled against abuse by Rangers who had been given monopoly over fish trading contracts by the Government. The fishing communities were not allowed to sell their catch to anyone but the Rangers at whatever price demanded. After nineteen years of struggle the PFF was finally able to end the exploitative arrangement with this official mafia, only to find that the Sindh government had given similar contracts to landlords in Manchar, Shahdadkot, Badin and Sanghar.

Why is it that powerful people who violate rights live a great life in our country with full confidence that no one can touch them, while those without political power are humiliated and struggle each day just to survive? We continue to reinforce this system by supporting similar abusers in the name of party loyalty, patriotism, hero worship or, often, just for petty personal gain. The poor, who have little access to the corridors of power, hesitate to complain for fear of retaliation because they know that wrongdoers are rarely punished by our courts without political backing.

Perhaps our next Chief Justice can use his influence in the Law and Justice Commission to focus on reforms in the lower judiciary rather than pursuing selected flamboyant cases. For today, would it be too much to ask the Government to stop the constant abuse of the fishing communities and take the offending Coast Guardsmen to task?

Published in The Express Tribune, November 22nd, 2013.

 


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Sexual harassment charges: Shameless elite and the daughters of this nation

Sexual harassment charges: Shameless elite and the daughters of this nation

Published: July 30, 2013 in Express Tribune, Pakistan

The syndicate of Quaid-e-Azam University needs to understand the legislation and realise that it is not their personal discretion or whim that applies in this case, says Fouzia Saeed.

ISLAMABAD: Recently, two universities have let down women students by protecting predator professors from sexual harassment charges. Quaid-e-Azam University, where serious convictions on charges of sexual harassment set a positive tone for the implementation of the anti-sexual harassment law a year ago, has now waivered under the pressure from our shameless elites.One would imagine that after charges of sexual harassment of students have been proven against professors, they would be embarrassed and resign or hide somewhere, but in our dear country they shamelessly fight back, while their friends who obviously do not think there is anything wrong with pulling a student into their office for sexual fulfilment or asking for sexual favours in exchange of better grades, diligently support and protect such culprits.

Two recent cases in Quaid-e-Azam University, where teachers repeatedly sexually harassed students, were investigated thoroughly by a committee set up by the university for this purpose. In the past, the committee has also given honest and brave results. After investigation, the committee recommended that Inamullah Laghari be terminated and Abdul Samad Mumtaz be charged with minor penalties. Charges were proven in both cases. All parties had no complaints on the process and made no verbal or written record of any concerns on procedural grounds. After the committee made its recommendations to the university syndicate, the culprits realised that they would be convicted and started lobbying for a diversion. ‘Technical grounds’ is usually the back door.

The syndicate of Quaid-e-Azam University needs to understand the legislation and realise that it is not their personal discretion or whim that applies in this case. It is the job of the committee, authorised under the law, to do the inquiry. The syndicate only ensures if procedure was followed and endorses the recommendations.

In this case, they did not even bring in the inquiry committee members to ask them questions about the procedure. They simply constituted a new committee. This is the most negative precedent they could have set. This has opened the process to anyone wanting a custom-designed committee when they do not like the decision. In the new committee specially put together for the accused, members like Dr Qaisar Mushtaq — who is a person known to have sided with sexual harasser professors earlier — have been included. As some members made noise to protect the culprits, others watched silently. For how long will our shameless elite remain silent and allow the humiliation of the daughters of our nation?

In the case of Punjab University, a brave decision to terminate the services of a habitual sexual harasser, Iftikhar Baloch, was applauded two years ago. The notorious professor who maintained a bedroom next to his office on campus for his flirtatious activities kept using political elites to come back. Even then-prime minister Yousaf Raza Gilani and former governor Latif Khosa put pressure on the university to take him back. Recently, interim governor Ahmad Mahmud used his window of opportunity to get his friend back in the university.  A woman high court judge decided that it was up to the governor to take the final decision. Very conveniently, the governor did the necessary paperwork and signed the orders to reinstate him. The university resisted, but the pressure took more of a ‘desi’ turn.

We make a strong appeal to Punjab Government to intervene and keep such predators out of our universities. Also stop them from threatening brave officials of the university who have resisted pressure for the last two years and have stood their ground. Also, for Quaid-e-Azam University, the PM and the HEC should send a strong message that the syndicate cannot go against the law. Legislation and procedure has to be followed. If they argue the soundness of the procedure, they should call the full committee and get a presentation from them. If they see any gaps or have suggestions to strengthen the procedures, they should make those to the committee legally authorised to investigate.

The legislation will only be effective if the intention of our elite and senior university officials is to bring some dignity to these houses of learning. We need to clean up our universities and educate the shameless educated elite — those who harass, those who protect them and those who remain silent and do not put their foot down.

The author is an authority on anti-sexual harassment legislation in Pakistan and has been monitoring its implementation.

Published in The Express Tribune, July 30th, 2013.


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RETURN OF THE NOTORIOUS PROFESSOR TO PUNJAB UNIVERSITY: Appeal to CM Punjab to take action

Iftikhar Baloch, who had set up a bedroom right next to his office in the Geology Dept of Punjab University, was terminated for gross misconduct in 2011.  To everyone’s surprise, the University has received instructions to reinstated him in his job on June 12th, 2013.  The Interim Governor, Syed Ahmad Mahmud, used a window of opportunity to push his friend back into the University.  Earlier, Mahmud’s cousin, former PM, Yusuf Raza Gillani, made several attempts to get him reinstated, but the PM’s safarish attempt was blocked when the PM’s own National Implementation Watch Committee (for the anti sexual harassment laws) supported the strong stand taken by the Punjab University officials .  However, the Interim Governor is related to Yusuf Raza Gillani and the power of Iftikhar Baloch’s support network remains strong .

In 2010, after years of female students  filing complaints with the University officials, finally one brave PhD student  reported him to the police after an attempted rape.

The powerful professor had been bragging for years that no one could touch him because he was a class fellow of the PM Yusuf Raza Gillani. He was quite right because no complaint about him ever succeeded. Even after the sexual harassment laws were passed, the police initially quashed Shabeena’s formal complaint. Nevertheless, Shabeena  persistently pursued the issue. She and her husband sold their modest car and whatever they could to pursue the case.

In November 2010, CM Shahbaz Sharif, launched a special inquiry into the matter as soon as it had come to his attention. Senior Police officers and other officials conducted an extensive inquiry on the campus, interviewing many  students and faculty in a responsible manner. This additional information was added to the FIR that had been finally registered on 1st November 2010 (FIR No 450/10) with charges of section 376, 506, 511 PPC against the professor.

In compliance with the newly passed anti-sexual harassment law, the Punjab University VC and other senior officials conducted their own inquiry. Both thorough inquiries found the Professor at fault.  The University issued a termination notice on 8th December 2010 on the basis of recommendations of the inquiry committee . Charges proven after the inquiry included “allegation of molestation/ sexual harassment against prof. Dr Iftikhar Husain Baloch stands proven…Forgery is proven…Presence of sexual toys / sexual gadgets is proven. The civil society and the media hailed the brave and responsible decision of the Punjab Government.

Immediately, Iftikhar Baloch initiated a war against the University. In Lahore, the, then, Punjab Governor, Latif Khosa, put pressure on the University to take the professor back. In Islamabad, a Parliamentary Committee on Privileges of Government Employees, created an excuse to intervene in the case, called the VC of Punjab University to a hearing, humiliated him and issued written instructions that Baloch should be re-instated.  Civil society was outraged by this naked attempt at using the Parliament to override a valid University decision.  Fortunately, the University refused to back down in the face of this high handedness.  On the personal side,  family members of senior officials of the Punjab University and the complainants were threatened. Still, the University stood behind its decision.

Finally,  two year later, Baloch has been able to secure some support. A woman judge on the Lahore High Court was found who would issue a ruling that the Governor had the authority to make a final decision in this matter. The Governor had his office quickly compile the necessary paperwork and signed the orders to reinstate him. Who is not familiar with ‘khatta’, the paperwork done to cover tracks and to hide sins.

Baloch was terminated based on findings of both the police and the University inquiries.  These findings have not been overturned, only his termination has been quashed.  No such pervert should have a place in a Pakistani educational institute. Whatever ‘special inquiry’ has been undertaken to return Iftikhar Baloch to his post must be immediately reviewed.  Why the LHC had to give the final authority to overturn the legal University decision to the Governor also needs to be assessed.  The Punjab CM said in a cabinet meeting today that “the culture of nepotism, corruption and favouritism needed to end, the rule of law must prevail.”   We need to see the CM take charge of this case and show his support for a dignified environment in the educational institutions.