Facilitator’s note: In 2001, women own less than 1 per cent of the property on the planet (PPSEAWA International Bulletin - Pan Pacific Southeast Asia Women's Association 21st International Conference). Hasna Cheema, Consultant, UNDP Regional Centre in Colombo, investigates contradictions between the inputs of legal contexts and equity outcomes in property ownership. She highlights some major legal and social barriers that deprive women of legitimate economic rights. Hasna’s coverage of countries encompasses a disparate range of blends-of-legal-systems (Pakistan, Sri Lanka, Nepal, and Viet Nam) with regard to the discriminatory property laws.
[About this discussion: The AP-HDNet (http://www2.undprcc.lk/ext/HDRU/index.php) welcomes you to the e-discussion on gender - addressing unequal power, unequal voice. We encourage you to share your experience, country examples, lessons learned, and good (and not so good) practices. Your responses and comparative experiences will be important for the preparation of the Asia Pacific Human Development Report. Thank you very much for your interest and cooperation.]
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Dear Network Members,
Property and inheritance rights have direct influence on assets ownership and control. They play a crucial role in women’s economic empowerment. The full recognition of these rights enhances women’s capabilities to lead productive and meaningful lives. With enhanced capabilities, women get more space to choose and avail opportunities. Consequently it is instrumental in accelerating human development process and promoting gender equity in the society.
Can economic equity be achieved in the presence of discriminatory laws against women? Laws play a pivotal role in safeguarding economic rights of an individual in a society. Discriminatory laws pave way for further perpetuation of despicable social practices and marginalization of poor in the society including women. Existence of discriminatory economic laws, including property and inheritance, is one of the key barriers in promoting economic equity. The lack of implementation of laws is another factor which impedes realization of women economic rights.
A brief analysis of the property and inheritance rights of few Asian countries reveals a grim reality. The economic rights of women are trampled upon by society with little remorse. The examination focuses on some major legal and social barriers which deprive women of their legitimate economic rights.
Let’s have a cursory glance at some of the property rights bestowed upon women in few Asian countries and explore how these rights are safeguarded or infringed.
In Pakistan the constitution of 1973 guarantees every citizen the right to ‘to acquire, hold and dispose of property’ (http://www.pakistanconstitution-law.com/const_results.asp?artid=23&title=Provision%20as%20to%20property). In addition it stipulates that ‘no person will be deprived of his property’. Apart from the constitutional guarantees, the legal instruments also uphold women’s property rights. The Married Women’s Property Act, 1874 entitles married women to separate property (http://www.vakilno1.com/bareacts/Laws/The-Married-Womens-Property-Act-1874.htm). Similarly the Transfer of Property Act 1882 confers equal rights to women to engage in sale, mortgage, lease, gift and transfer of immovable property deals (http://www.iiiglobal.org/country/india/THE_TRANSFER_OF_PROPERTY_ACT_1882.pdf).
In reality, Pakistani women are deprived of their legitimate property rights. A combination of factors such as customary practices, social inhibitions, distorted version of Islamic provisions on inheritance and unequal power structures prevent Pakistani women from exercising their due rights.
Many despicable practices remain unchallenged in the society. The practices are devised to make women powerless and voice less in the power structure of the society. A practice of haq bakhshwana (giving up rights) is followed in southern parts of Punjab and Sindh. Under this tradition a girl member of the family is forced to stay single or is married to Quran. The main motive behind this practice is to keep property within the family and to prevent its division which is evitable in case female member decides to marry.
Watta Satta (exchange marriage whereby one set of brother and sister are married to another) and cousin marriages are designed to prevent break up of property. Aside from deprivation of right to acquire and own property, women themselves are treated as property. Pakistani media often carries reports of female killings by their own family members because they exerted their rights to marriage or property. Recently five women were brutally tortured and buried alive as they had opted for court marriages of their own free will (Dawn 2008). Although honor killing is declared a criminal offence (http://www.pakistan.gov.pk/divisions/law-division/media/I-2005.pdf ), women continue to fall prey to this despicable crime. It is also quite common for women to transfer property to male members of the family under social pressure.
The issue of inheritance rights of women in Islam is often a subject of intense debate. As per the Islamic injunctions on inheritance, a daughter in a family inherits one-third while son is entitled to two-third share of the property. It is based on the principle of ‘to the male a portion equal to that of two females’ (The Quran, Verse 4:11). The division of shares on this principle is discriminatory of female equal rights. Many writers on Islamic law (i.e Parveen Shaukat Ali) have argued that this law does not discriminate against women. Their main argument is that women inherit from three sources i.e. father, husband and son. However men too inherit from other sources. One has to take into account the historical context of this law. The difference in shares between men and women is based on corrective approach of the pre-Islamic custom of exclusion of women from any form of inheritance (Sardar Ali, 2006). It is essential to revise the inheritance law through ijtihad (interpretation of Quranic injunctions on the basis of contemporary circumstances by highly educated Islamic scholars) to promote gender equality.
Sri Lankan women enjoy the freedom to exercise their right to property and inheritance. Based on the general law, they have the freedom to acquire, retain and dipose off property. They are also entitled to equal inheritance rights as men (http://www.commonlii.org/lk/legis/consol_act/mrai69364.pdf). However women in certain communities face restrictions in exercising their property rights. For instance Tamil woman requires written consent of her husband to dispose of any immovable property (http://www.asianlii.org/lk/legis/consol_act/mrai70396.pdf).
In Nepal, the inheritance and property laws are particularly harsh to women. A daughter is entitled to inherit parental property if she is unmarried and 35 years old or above. Once she gets married, she has to return the property to the family minus the marriage expenses. A son, on the other hand, is heir of the ancestral property upon birth (http://www.aworc.org/bpfa/pub/sec_f/eco00001.html).
The Vietnamese’s constitutional and legal provisions promote the principle of gender equity. It is considered a criminal offence to prevent women from participating in political, economic, cultural and social activities. Being a socialist state, land belongs to the people. The state leases land and issues land use rights certificates (LURC). As per the law, the names of both husband and wife must be registered on the certificate. However despite of guarantees, only 3 per cent of Land Use Certificates are registered in women’s names and 3 per cent are jointly held (Vietnam Committee on Human Rights, 2007).
What are some of the commonalities which above mentioned countries share with regard to women property rights and inheritance rights? Firstly, the existence of discriminatory property and inheritance laws against women which marginalize their economic status in the society. Secondly, the laws are not implemented in letter and spirit. The laws of the state are held subservient to the discriminatory customary practices which deprive women of their due rights. Thirdly the discrepancies between general law and personal laws prevent universal application of property and inheritance laws.
Apart from the legal barriers, several other restrictions are imposed on women property right. R. K. Murthy in her contribution to the AP-HDNET (9th September 2008) identifies several obstacles at meso and macro levels including patrilocal system of residence, absence of gender disaggregated data on property ownership at national /state and district level etc. In addition, Niranjan Sarangi and Elena Borsatti in their insightful contribution to the AP-HDNet (19th September 2008) have mentioned that unequal inheritance and property rights between men and women is one of the key challenges inhibiting economic equity.
In contemporary world, societies should learn to question and discard those social norms and practices which perpetuated gender inequities. Human development process involves expansion of people’s choices to live a dignified life. And ‘people’ compose of both men and women. Let societies grant women the autonomy and freedom to claim their due rights which include their property rights. The autonomy granted will enable women to develop their full potential and lead productive lives.
Kind regards,
Hasna Cheema
Consultant
UNDP Regional Centre in Colombo
References
Dawn. 2008. “Honour’ Killing of Baloch Women Condemned.” 1 September. [http://www.dawn.com/2008/09/01/top17.htm]. Last accessed on 19 September 2008.
Sardar Ali, Shaheen. 2006. Conceptualizing Islamic Law, CEDAW and Women’s Human Rights in Plural legal Settings: A Comparative Analysis of Application of CEDAW in Bangladesh, India and Pakistan. New Delhi: UNIFEM, South Asia Regional Office.
Vietnam Committee on Human Rights. 2007. Violations of the Rights of Women in the Socialist Republic of Vietnam. Boissy Saint Léger Cedex, France: Vietnam Committee on Human Rights. [http://www.fidh.org/IMG/pdf/VietCommRappAltCEDAW0107.pdf]. Last accessed on 19 September 2008.
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Thursday, September 25, 2008
Wednesday, February 20, 2008
Hunger-Contribution for AP HDR theme
I would like to propose hunger as the theme for the next AP HDR. Despite of persistent efforts to reduce hunger, the battle is far from being over. The hunger Millennium Development Goal of halving hunger by 2015 will be daunting challenge if concerted efforts are not made now.
Based on the 2007 estimate of International Food Policy Research Institute, 854 million people, at global level, are affected by the scourge of hunger (Welt Hunger Hilfe, International Food Policy Research Institute, Concern 2007). The taskforce on UN millennium project 2005 found that most of the hungry people live in Asia including 221 million in India, 142 million in China and another 156 million are scattered in rest of the Asia Pacific countries (United Nation Millennium Project 2005). It also accounts for 65% of the world’s underweight children (UNESCAP, ADB and UNDP 2007). It is self explanatory that Asia Pacific has to be the primary focus of interventions/strategies to reduce hunger in the world as most of the affected people inhabit this region.
Hunger can be acute, chronic or hidden. Nearly 90% of the hungry are chronically undernourished (United Nations Millennium Project 2005). The chronic undernourishment, caused by constant lack of sufficient food intake, can result in underweight, stunted children and high child mortality. For instance, taken against one of the three indicators of Global Hunger index (GHI-developed by International Food Policy Research Institute), of under five mortality rate, the region contributes to two in five of the world’s under five deaths. Most of the countries in South Asia, for instance, are off track in reducing child mortality by two-thirds by 2015 (MDG Goal 4). For instance in India alone 1.9 million children are dying annually before reaching the age of five (UNESCAP, ADB and UNDP 2007).
The main factors which contribute to hunger are poverty, poor health care facilities, lack of access to sanitation and safe drinking water, lack of access to food, low status of women and natural calamities. For the Asia Pacific region, it would be vital to address two major problems of poverty and gender discrimination to win the battle against hunger. The region hosts 641 million poor people (MDGs Progress Report, 2007) which constitute more than half of world’s poor (UNESCAP, ADB and UNDP 2007). Poverty perpetuates hunger and undernourishment, leading to a vicious cycle of deprivation and human sufferings. The women status in society, throughout the region, needs to improve through better access to education, health care facilities and elimination of all forms of discriminatory practices. The high child and maternal mortality rates in the region speaks volume of the marginalization of women. It is obvious that a malnourished mother will give birth to stunted and underweight children, which will lead to vicious cycle of undernourished generations. This has huge political, economic and social implications for the region. Many countries across the Asia Pacific region are witnessing political unrest, civil turmoil and an economic uncertainty, including rising inequalities, which has exacerbated the problem of hunger. From rising militancy and uncertainty about general election in Pakistan, challenges facing post conflict Nepal and internal strives facing military led Bangladesh, ravages of ethnic conflict in Sri Lanka, high maternal and child mortality rates in most countries, the poor people across the region struggle with their daily existence.
It is time high to move from usual rhetoric to taking stringent steps to reduce hunger in the world and Asia pacific region in particular. MDGs progress would also be severally affected if hunger is not tackled now. With millions of more poor caught in the tentacles of hunger and starvation, societies across globe will disintegrate being afflicted with disorder, criminality and lawlessness. As it is said that “a hungry people listens not to reason, nor cares for justice, nor is bent by any prayers” (*).
AP HDR on hunger will provide a platform to highlight the fate of millions in the region, influence policy makers, intellectuals and regional leaders to prioritize tackling hunger. It will also be instrumental highlighting key policy interventions, strategies and policies imperative for combating the problem. It is time for the regional leaders, policy makers, legislators, intelligentsia, international & regional organization and civil society to rise to the occasion to address and combat hunger.
The fight against hunger must be won. AP HDR on hunger will go a long way in spotlighting this critical issue of human development.
Hasna Cheema
Notes
(*) A quote by Seneca, Roman philosopher.
References
United Nations Economic and Social Commission for Asia and Pacific (UNESCAP), Asian Development Bank (ADB), and United Nations Development Programme (UNDP). 2007. “The Millennium Development Goals - Progress in Asia and Pacific”. Bangkok.
United Nation Millennium Project. 2005. “Halving Hunger: It can be done”. United Nation Development Programme, New York.
Welt Hunger Hilfe, International Food Policy Research Institute, and Concern. 2007. “The Challenge of Hunger”. Bonn.
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Based on the 2007 estimate of International Food Policy Research Institute, 854 million people, at global level, are affected by the scourge of hunger (Welt Hunger Hilfe, International Food Policy Research Institute, Concern 2007). The taskforce on UN millennium project 2005 found that most of the hungry people live in Asia including 221 million in India, 142 million in China and another 156 million are scattered in rest of the Asia Pacific countries (United Nation Millennium Project 2005). It also accounts for 65% of the world’s underweight children (UNESCAP, ADB and UNDP 2007). It is self explanatory that Asia Pacific has to be the primary focus of interventions/strategies to reduce hunger in the world as most of the affected people inhabit this region.
Hunger can be acute, chronic or hidden. Nearly 90% of the hungry are chronically undernourished (United Nations Millennium Project 2005). The chronic undernourishment, caused by constant lack of sufficient food intake, can result in underweight, stunted children and high child mortality. For instance, taken against one of the three indicators of Global Hunger index (GHI-developed by International Food Policy Research Institute), of under five mortality rate, the region contributes to two in five of the world’s under five deaths. Most of the countries in South Asia, for instance, are off track in reducing child mortality by two-thirds by 2015 (MDG Goal 4). For instance in India alone 1.9 million children are dying annually before reaching the age of five (UNESCAP, ADB and UNDP 2007).
The main factors which contribute to hunger are poverty, poor health care facilities, lack of access to sanitation and safe drinking water, lack of access to food, low status of women and natural calamities. For the Asia Pacific region, it would be vital to address two major problems of poverty and gender discrimination to win the battle against hunger. The region hosts 641 million poor people (MDGs Progress Report, 2007) which constitute more than half of world’s poor (UNESCAP, ADB and UNDP 2007). Poverty perpetuates hunger and undernourishment, leading to a vicious cycle of deprivation and human sufferings. The women status in society, throughout the region, needs to improve through better access to education, health care facilities and elimination of all forms of discriminatory practices. The high child and maternal mortality rates in the region speaks volume of the marginalization of women. It is obvious that a malnourished mother will give birth to stunted and underweight children, which will lead to vicious cycle of undernourished generations. This has huge political, economic and social implications for the region. Many countries across the Asia Pacific region are witnessing political unrest, civil turmoil and an economic uncertainty, including rising inequalities, which has exacerbated the problem of hunger. From rising militancy and uncertainty about general election in Pakistan, challenges facing post conflict Nepal and internal strives facing military led Bangladesh, ravages of ethnic conflict in Sri Lanka, high maternal and child mortality rates in most countries, the poor people across the region struggle with their daily existence.
It is time high to move from usual rhetoric to taking stringent steps to reduce hunger in the world and Asia pacific region in particular. MDGs progress would also be severally affected if hunger is not tackled now. With millions of more poor caught in the tentacles of hunger and starvation, societies across globe will disintegrate being afflicted with disorder, criminality and lawlessness. As it is said that “a hungry people listens not to reason, nor cares for justice, nor is bent by any prayers” (*).
AP HDR on hunger will provide a platform to highlight the fate of millions in the region, influence policy makers, intellectuals and regional leaders to prioritize tackling hunger. It will also be instrumental highlighting key policy interventions, strategies and policies imperative for combating the problem. It is time for the regional leaders, policy makers, legislators, intelligentsia, international & regional organization and civil society to rise to the occasion to address and combat hunger.
The fight against hunger must be won. AP HDR on hunger will go a long way in spotlighting this critical issue of human development.
Hasna Cheema
Notes
(*) A quote by Seneca, Roman philosopher.
References
United Nations Economic and Social Commission for Asia and Pacific (UNESCAP), Asian Development Bank (ADB), and United Nations Development Programme (UNDP). 2007. “The Millennium Development Goals - Progress in Asia and Pacific”. Bangkok.
United Nation Millennium Project. 2005. “Halving Hunger: It can be done”. United Nation Development Programme, New York.
Welt Hunger Hilfe, International Food Policy Research Institute, and Concern. 2007. “The Challenge of Hunger”. Bonn.
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Monday, January 14, 2008
CEDAW, Women Emancipation & Pakistani Women
Women empowerment and gender mainstreaming is imperative for the political, economic, social and cultural growth of any country. Though this principle is recognized and acknowledged globally, women continue to be the victims of discriminatory practices, marginalization and exclusion. The women in Pakistan are also subjected to oppression and brutality in a male dominated society.
Convention on Elimination of All Forms of Discrimination (CEDAW) against Women calls for zero tolerance against exclusion, marginalization and oppression of women in societies across continents. Pakistan acceded to the CEDAW in 1996 (with reservations on some of its clauses) but the treaty is not implemented in its true spirit as evident from continuation of oppressive policies against women in the society. It is imperative to highlight that Pakistan is not part of the succession of the treaty.
Successive governments in Pakistan have paid only lip service to the cause of women and gender mainstreaming. No government , including present one, have shown the courage to grapple with the primitive gender discriminatory practices inherent in our political, social, legal and cultural systems. Being a signatory of CEDAW, Pakistan is legally bound to implement the treaty in letter and spirit.
It would be essential to highlight some of the salient features of Convention on Elimination of All Forms of Discrimination against Women and then to expose the gaps which affect its implementation in Pakistan.
The Convention was adopted by the United Nations General Assembly in 1979. It entered into force as an international treaty in 1981. Currently 185 countries (over ninety percent of the members of the United Nations) are party to the Convention.
The Convention not only establishes an international bill of rights for women but also set an agenda of action for countries to guarantee the enjoyment of those rights. It acknowledges “extensive discrimination against women continues to exist” .
The preamble of CEDAW upholds the principle of equal rights of men and women, expresses disdain for discrimination against women which “is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life”. The preamble recognizes the vulnerability and exclusion of women in impoverish communities with “least access to food, health , education, training and opportunities for employment and other needs” It also take stock of women’s major contribution to the welfare of the family including social significance of maternity, child rearing, procreation , importance of child spacing etc.
The Convention defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex” The Convention highlights measures to ensure equality of men and women including appropriate statutes, legal safeguards, establishment of tribunals, special measure as needed to “ accelerating de facto equality between men and women” The Conventions emphasizes on the need for active women participation in political field acknowledge women’s right to vote, participate in election, hold public offices, represent government at international level and retain their nationality
The Convention acknowledges women ‘s right to education and employment. The treaty stipulates that women will have same education opportunities including right to scholarship, choice in pursing career, informal education, reduction of female student drop out rates etc. Their right to employment is also well defined including freedom to choose profession, right to social security, equal remuneration, protection of health i.e. Maternity leave.
The treaty also underscores the importance of women health issues. It calls for elimination of discrimination against women with regard to access to health care services
The Convention fully recognizes the contribution of rural women in economic, social and political growth of the society. It establishes rural women rights to “participate in and benefit from rural development. Its affirms their right to participate in rural development planning, implementation, access to adequate health care facilities, taking benefits from social security programmes, access to formal and informal education. It affirms the rural women rights to form self help groups, full access to agricultural credit, access to housing, sanitation, water supply , transport and communication.
Another salient feature of the Convention include legal empowerment of women. It accords “women equality with men before the law”. The equality before law include freedom to conclude contract, nullifying all legal instruments restricting women capacity, right to choose their residence and domicile etc.
To what extend these global benchmarks for empowering women are implemented in our country? How excluded and marginalized are the Pakistani women in the society? To what extend women’s political, economic and social rights safeguarded?
The women are treated as second-class citizens . They are highly marginalized, oppressed and violated. Their political, economic and social rights are infringed on daily basis. The cases of domestic violence and discriminatory social practices are on the increase. The existence and application of discriminatory legal instrument makes a mockery of women’s right to legal emancipation.
The Convention calls for zero tolerance against discrimination of women in every sphere of life. However the scene is different in Pakistan. The literacy rate is less than 28 percent as against 53 per cent for men. There are also gender gaps in primary school enrollment. In some rural and remote parts of the country the girls’ education is prohibited on distorted interpretation of religion.
With regard to access to health facilities, the country has alarming rate of maternal mortality in the Asia Pacific region. The maternal mortality rate stands at 500 per 100,000 live births and the births attended by skilled health personnel is only 31%. Their reproductive rights are rarely respected. With no choice in child spacing, malnourished and limited access to contraceptive, women’s health is compromised. As majority of the population live in rural areas, the rural women are often at disadvantage in having access to health facilities.
In the economic sphere, the gender inequalities continue to prevail. Constituting more than 50% of the population, women participation is low with only 28% of them part of the labour force. Their share in paid non agricultural employment is only 10 per cent. Their economic rights, including right to remuneration, equality at work places, access to opportunities, are often infringed. Often impoverished, illiterate and economically excluded, the women are forced to lead highly marginalized lives.
With regard to legal empowerment and equality of men and women before law, the women in the country continue to be subjected to discriminatory and abhorrent laws and ordinance. For example under Hudood Ordinance of 1979, the women are prosecuted on false charges of fornication, causing incessant mental, social and physical sufferings. Indicted for adultery, the innocent rape victims are expected to produce two male witnesses in order to proof the alleged rape crime. The law, instead of providing support to the humiliated women, further perpetuates injustice through discriminatory clauses under Hudood ordinance. Through Protection of Women Bill, in 2006, some of its clauses have been made less virulent but still the Ordinance must be completely revamped to take stock of the sufferings caused to the vulnerable victim of rape and violence.
In the enforcement of Muslim Family Law, the women are again subjected to discrimination and exclusion. From early teenage marriage, half share in inheritance, limitations in seeking unilateral divorce, discrepancies in child custody, practice of polygamy and denial of alimony continue to jeopardize the interests and welfare of women in the society.
On the social front, women are again brutalized. They have to fit in the stereotyped role. Their births is greeted with concerns and worries. They are denied equal access to education opportunities in comparison with their male siblings. As wives, they are expected to engage fully in child bearing and rearing. The cases of domestic violence including rape, physical assault, and battery go unnoticed. The despicable practices of honour killing and trade off to settle blood feuds and their marriage to Quran to deny them their legitimate share in inheritance are some of the flagrant infringements of the Convention of All Forms of Elimination against Women.
It is about time for the government, civil society and pressure groups to strive to eliminate all forms of discriminatory practices against women. By ratifying the Convention, Pakistan is legally bound to ensure implementation of CEDAW and also to address the problems of social, political and economic gender disparities inherent in the system. Only through elimination of discriminatory practices and promotion of gender equality that conducive environment for women emancipation and human development can be created.
Convention on Elimination of All Forms of Discrimination (CEDAW) against Women calls for zero tolerance against exclusion, marginalization and oppression of women in societies across continents. Pakistan acceded to the CEDAW in 1996 (with reservations on some of its clauses) but the treaty is not implemented in its true spirit as evident from continuation of oppressive policies against women in the society. It is imperative to highlight that Pakistan is not part of the succession of the treaty.
Successive governments in Pakistan have paid only lip service to the cause of women and gender mainstreaming. No government , including present one, have shown the courage to grapple with the primitive gender discriminatory practices inherent in our political, social, legal and cultural systems. Being a signatory of CEDAW, Pakistan is legally bound to implement the treaty in letter and spirit.
It would be essential to highlight some of the salient features of Convention on Elimination of All Forms of Discrimination against Women and then to expose the gaps which affect its implementation in Pakistan.
The Convention was adopted by the United Nations General Assembly in 1979. It entered into force as an international treaty in 1981. Currently 185 countries (over ninety percent of the members of the United Nations) are party to the Convention.
The Convention not only establishes an international bill of rights for women but also set an agenda of action for countries to guarantee the enjoyment of those rights. It acknowledges “extensive discrimination against women continues to exist” .
The preamble of CEDAW upholds the principle of equal rights of men and women, expresses disdain for discrimination against women which “is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life”. The preamble recognizes the vulnerability and exclusion of women in impoverish communities with “least access to food, health , education, training and opportunities for employment and other needs” It also take stock of women’s major contribution to the welfare of the family including social significance of maternity, child rearing, procreation , importance of child spacing etc.
The Convention defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex” The Convention highlights measures to ensure equality of men and women including appropriate statutes, legal safeguards, establishment of tribunals, special measure as needed to “ accelerating de facto equality between men and women” The Conventions emphasizes on the need for active women participation in political field acknowledge women’s right to vote, participate in election, hold public offices, represent government at international level and retain their nationality
The Convention acknowledges women ‘s right to education and employment. The treaty stipulates that women will have same education opportunities including right to scholarship, choice in pursing career, informal education, reduction of female student drop out rates etc. Their right to employment is also well defined including freedom to choose profession, right to social security, equal remuneration, protection of health i.e. Maternity leave.
The treaty also underscores the importance of women health issues. It calls for elimination of discrimination against women with regard to access to health care services
The Convention fully recognizes the contribution of rural women in economic, social and political growth of the society. It establishes rural women rights to “participate in and benefit from rural development. Its affirms their right to participate in rural development planning, implementation, access to adequate health care facilities, taking benefits from social security programmes, access to formal and informal education. It affirms the rural women rights to form self help groups, full access to agricultural credit, access to housing, sanitation, water supply , transport and communication.
Another salient feature of the Convention include legal empowerment of women. It accords “women equality with men before the law”. The equality before law include freedom to conclude contract, nullifying all legal instruments restricting women capacity, right to choose their residence and domicile etc.
To what extend these global benchmarks for empowering women are implemented in our country? How excluded and marginalized are the Pakistani women in the society? To what extend women’s political, economic and social rights safeguarded?
The women are treated as second-class citizens . They are highly marginalized, oppressed and violated. Their political, economic and social rights are infringed on daily basis. The cases of domestic violence and discriminatory social practices are on the increase. The existence and application of discriminatory legal instrument makes a mockery of women’s right to legal emancipation.
The Convention calls for zero tolerance against discrimination of women in every sphere of life. However the scene is different in Pakistan. The literacy rate is less than 28 percent as against 53 per cent for men. There are also gender gaps in primary school enrollment. In some rural and remote parts of the country the girls’ education is prohibited on distorted interpretation of religion.
With regard to access to health facilities, the country has alarming rate of maternal mortality in the Asia Pacific region. The maternal mortality rate stands at 500 per 100,000 live births and the births attended by skilled health personnel is only 31%. Their reproductive rights are rarely respected. With no choice in child spacing, malnourished and limited access to contraceptive, women’s health is compromised. As majority of the population live in rural areas, the rural women are often at disadvantage in having access to health facilities.
In the economic sphere, the gender inequalities continue to prevail. Constituting more than 50% of the population, women participation is low with only 28% of them part of the labour force. Their share in paid non agricultural employment is only 10 per cent. Their economic rights, including right to remuneration, equality at work places, access to opportunities, are often infringed. Often impoverished, illiterate and economically excluded, the women are forced to lead highly marginalized lives.
With regard to legal empowerment and equality of men and women before law, the women in the country continue to be subjected to discriminatory and abhorrent laws and ordinance. For example under Hudood Ordinance of 1979, the women are prosecuted on false charges of fornication, causing incessant mental, social and physical sufferings. Indicted for adultery, the innocent rape victims are expected to produce two male witnesses in order to proof the alleged rape crime. The law, instead of providing support to the humiliated women, further perpetuates injustice through discriminatory clauses under Hudood ordinance. Through Protection of Women Bill, in 2006, some of its clauses have been made less virulent but still the Ordinance must be completely revamped to take stock of the sufferings caused to the vulnerable victim of rape and violence.
In the enforcement of Muslim Family Law, the women are again subjected to discrimination and exclusion. From early teenage marriage, half share in inheritance, limitations in seeking unilateral divorce, discrepancies in child custody, practice of polygamy and denial of alimony continue to jeopardize the interests and welfare of women in the society.
On the social front, women are again brutalized. They have to fit in the stereotyped role. Their births is greeted with concerns and worries. They are denied equal access to education opportunities in comparison with their male siblings. As wives, they are expected to engage fully in child bearing and rearing. The cases of domestic violence including rape, physical assault, and battery go unnoticed. The despicable practices of honour killing and trade off to settle blood feuds and their marriage to Quran to deny them their legitimate share in inheritance are some of the flagrant infringements of the Convention of All Forms of Elimination against Women.
It is about time for the government, civil society and pressure groups to strive to eliminate all forms of discriminatory practices against women. By ratifying the Convention, Pakistan is legally bound to ensure implementation of CEDAW and also to address the problems of social, political and economic gender disparities inherent in the system. Only through elimination of discriminatory practices and promotion of gender equality that conducive environment for women emancipation and human development can be created.
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