Pakistan Press On Working Woman And Justice And Governance: New Age Islam's Selection, 23 November 2020
By New Age Islam Edit Desk
23 November 2020
• Silence Of The Working Woman
By Beenish Zia
• Justice And Governance
By Dr A Q Khan
• Pakistan In 2020 - Part I
By Dr Ayesha Razzaque
• Pak-Afghan Trust Deficit
By Kamran Yousaf
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Silence Of The Working Woman
By Beenish Zia
23 Nov 2020
SELECTIVE
justice is no justice at all. In today’s age, a chance of getting any kind of
protection for women is increasingly dependent on the level of publicity an
incident receives. Recently, a video clip of a male employee groping a female
colleague at a bank went viral on social media. It caught the attention of all
relevant authorities including the bank, police and the concerned ministry. The
speedy response and sanctions were undoubtedly commendable; what is problematic
is that such a video needed to circulate rapidly before attention was drawn and
action taken. We all know this is not the only incident of its kind and that
such behaviour is, in fact, rampant. Rights protection and relief should not
depend on social media reactions.
Take
Punjab’s example. Since 2012, the province has had a special law regulating
protection against the harassment of women at the workplace. Under this law,
every organisation needs to form an internal inquiry committee. The law
outlines the entire procedure in detail for holding an inquiry, the powers of
the committee, penalties and appeal processes involving both the ombudsperson
and governor. It is accompanied by a detailed code of conduct. Following this,
since 2013, Punjab has had an active Ombudsperson Office where it is possible
to directly go to file a complaint. While all these established mechanisms
exist, female employees still have to work in and endure unsafe, sexist
environments. Why?
In my view,
the problem is two-tiered: legal loopholes and on-ground practicalities; our
attempts to find solutions should look at both.
Regarding
legal loopholes, the Ombudsperson’s Office, in order to start an inquiry into
an organisation’s failure to implement the anti-harassment law, depends on
complaints made by employees. Unfortunately, the law does not mandate a penalty
for non-compliance. This has led to the vast majority of organisations ignoring
the very existence of this law, thus limiting the ombudsperson’s capacity to
take affirmative action.
Why expect
women to report harassment if they know they will suffer the consequences?
The Punjab
ombudsperson’s narrow interpretation of the special law has also discouraged
women from coming forward. As reported by UN Women, the Punjab Ombudsperson’s
Office received 4,630 complaints between 2014 and mid-2020 whereas only 338
complaints were admitted for hearing as relevant complaints of harassment. For
the duration of 2018-2019, the Federal Ombudsperson’s Office registered 158
cases in Islamabad only whereas the provincial office for Punjab registered 123
cases for the same duration. The Punjab Ombudsperson’s Office needs to be more
courageous and active in implementing the true essence of the law and communicating
their work more proactively so that women feel comfortable coming forward and
reporting cases. It could also consider offering recognition for organisations
that voluntarily ensure compliance with the law and work with the relevant
government departments to provide bonus points for this in accessing public
contracts and businesses. In a nutshell, in the absence of legally binding
requirements, the ombudsperson offices should consider identifying creative
ways to develop incentives for responsible behaviour.
Another
major legal loophole is the lack of vital data accumulation regarding
harassment at the workplace. There is no requirement or mechanism for the state
to be informed about the initiation or outcome of a complaint lodged with an
organisation’s internal inquiry committee thus creating space for suppression
and abuse. Only when a complaint or an appeal is filed with the Ombudsperson’s
Office does data begin to be accumulated. A proper mechanism needs to be
developed for efficient and authentic reporting of harassment cases to
eliminate all possibilities of foul play. Otherwise, we are not learning from
our efforts or improving our policymaking.
Moving on
to practical and cultural factors, some prominent social media reactions to
being harassed include victim-blaming and character assassination. As a result,
families double down further on restrictions already in place for working
female relatives, and a significant number of women don’t come forward with
their complaint. The misogynistic and patriarchal mindset of society influences
the sufferer’s reactions to the harassment faced.
The bank
harassment incident was no different. Every bank has numerous CCTVs installed.
It is highly unlikely no one saw this incident — in person or as recorded footage
— before the video went viral. But no action was taken until it started to
damage the bank’s image. One cannot help but mention the recent notification
issued by the same bank forcing female employees to wear the abaya, while not
looking at the behaviour of the men employees. Gender bias and hypocrisy could
not be more blatant. How can one expect women to report incidents of harassment
when it is as clear as day that they will be the ones who will suffer?
Another
major practical problem is the location of the Punjab Ombudsperson’s Office in
Lahore. Punjab is a huge province, and one cannot reasonably expect women to
travel from the farthest ends of the province to come to Lahore to file a
complaint or an appeal given the type of society we live in. Practical hurdles
like accessibility of the office act as a deterrent for women facing harassment
at the workplace. We need to find ways to make it more accessible for women
across the province.
These
practical hurdles can be minimised at the very least by, firstly, making the
existence of this law more prominent and well-known while promoting the female
perspective in this regard, giving women greater confidence to come forward and
name their harassers. Secondly, the Ombudsperson’s Office can introduce a virtual
procedure for holding an inquiry to accommodate women from different districts
of Punjab.
The
severity of the situation can be gauged by the resistance against establishing
internal inquiry committees received in parliament, the judiciary, bar councils
and political parties. When those with power hide behind technicalities instead
of constituting such committees in good faith, how can we expect other
workplaces to do the right thing?
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Beenish Zia is a lawyer and an associate at
AGHS Legal Aid Cell in Lahore.
https://www.dawn.com/news/1591875/silence-of-the-working-woman
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Justice And Governance
By Dr A Q Khan
November
23, 2020
During our
school summer holidays we used to fondly read 'Alif Leyla' (A Thousand and One
Nights) by Abu Abdullah ibn Abdul Al-Jah Sherari; 'Tilism Hoshruba' by Muhamad
Hussain Jah; 'Fasana-e-Azad' by Pandit Ratan Nath Sarshar and 'Sahranavard Ke
Khutoot' by Mirza Adeeb.
All these
books were very interesting but most of all I liked to read Shaikh Sadi’s
'Gulistan' and 'Bostan' over and over again. These books were not only
entertaining to read, but also contained extremely useful information, examples
and religious short stories of character building. The following is a free
rendering of part of the translation of 'Bostan' by Richard Francis Burton and
published by Iran Chamber Society.
"I
travelled to many regions of the world and passed the days in the company of
many different men. I reaped advantage from every corner and gleaned an ear of
corn from every harvest, but I saw none like the pious and devout men of Shiraz
– my attachment with whom drew my heart away from Syria and Turkey. I did not
want to go to my friends empty-handed but reflected that, though I had not
candy to give them, I could give them words – words not to be eaten but to take
away with respect.
"The
goodness of God surpasses even imagination, so how can the tongue be sufficient
in praise? Keep, O God in thy Mercy, this King, Abu Bakr, long upon the throne
and make his heart obedient to You because he is the protection of his people.
Prolong his youth and adorn his face with mercy. O King, do not wear your royal
garments when you come for prayer. Make your supplications like a dervish
saying: 'O God! Powerful and strong! I am not a monarch in your court but a
simple beggar. Without your sustenance, what can I achieve? Give me virtue so I
can benefit my people.' O King! Rule by day and pray fervently by night. The
best of your servants serve you; so also you should serve with your head on
God’s threshold.
"At
the point nearing death, Noushiravan counselled his son, Hormuz: 'Cherish the
poor and seek not your own comfort. The shepherd should not sleep while the
wolf is among the sheep. Protect the needy, for a king wears his crown for the
sake of his subjects. The people are as the root and the king is as the tree;
the tree, O son, gains strength from the root! The king should not oppress his
people or instil fear in them. Fear those of them who are proud and those who
do not fear God.
'A king who
deals harshly with merchants who come from afar, closes the door of well-being
on all his subjects. The wise will not return to the country about which they
hear rumours of ill will. If you desire to have a good name, hold merchants and
travellers in high esteem for they carry your reputation throughout the world.
'At the
same time, be cautious. They may try to harm you in the guise of being friends.
Cultivate old friends, for treachery does not come from those that are
cherished. When a servant becomes old, do not forget your obligations towards
him. Even if old age binds his hands from offering service, your hands are free
to give in generosity.
A certain
king habitually wore a coat of coarse material. Someone said to him: 'O king!
Make for yourself a coat of Chinese brocade.” “The one I am wearing”, replied
the king, “gives me both cover and comfort; anything beyond that is luxury. My
people do not pay tribute to me so that I can adorn my person and my throne.
If, like a woman, I ornament my body, how, like a man can I then repulse the
enemy? The royal treasuries are not for me alone – they are filled for the sake
of the army, not for the purchase of ornaments and jewelry.'
Darius,
king of Persia, once became separated from his retinue while hunting. A
herdsman came running towards him and the king, assuming him to be an enemy,
got ready his bow and arrow. Thereupon the herdsman cried: 'I am no enemy. I am
the one who tends the king’s horses. That is why I am in this meadow.' The
king, regaining his composure, smilingly said: 'Heaven has befriended you
otherwise I would have drawn my bow.'
'It shows
neither wise administration nor good judgement when the king does not know an
enemy from a friend', replied the herdsman. 'Those who are greatest should know
those who are least. You have seen me in your presence many times and asked me
about the horses grazing in the fields. Now you take me to be an enemy. More
skilled am I, O King, because I can distinguish one horse out of a herd of a
hundred thousand. Pay attention to your people in the same way as I do to the
horses. Sorrow comes to that kingdom where the wisdom of the shepherd exceeds
that of the king.'
Abdul Aziz
had a pearl of great beauty and value set in a ring. When there was a severe
drought, he had the pearl sold and the money distributed to the poor. When
someone chided him saying: 'Never again will such a stone come into your
hands', the king replied: 'ugly is an ornament upon the person of a king when
his people are distressed by want. Better for me is a stoneless ring than a
sorrowing people.' Happy is he who sets the ease of others above his own. The
virtuous desire not their own pleasure at the expense of others.
https://www.thenews.com.pk/print/747521-justice-and-governance
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Pakistan in 2020 - Part I
By Dr Ayesha Razzaque
November
21, 2020
The writer
is an independent education researcher and consultant. She has a PhD in
Education from Michigan State University.
When I
think of the daily circus that is the evening TV political talk show circuit,
only a fraction of their airtime is dedicated to issues that have any lasting
impact.
Almost none
of the issues that received breathless coverage a year ago are of any
consequence to the lives of ordinary people in the country today. I see no
reason why the 2020 season of political soap opera will be any different.
So, let us
look back at the outgoing year and identify key trends and events that are
likely to have a lasting impact on Pakistan in the years to come.
Covid-19:
This is, hands down, the biggest event to hit Pakistan and the world this year.
It induced behavioural changes in a large segment of the population who are now
mindful of the spread of viruses by touch and by air and are at least aware of
the need to wear a facemask. However, as of September, 46 percent of Gallup
survey respondents (most under the age of 30) were of the opinion that the
coronavirus is a conspiracy theory or hoax.
So far, the
virus has cost us 7,285 deaths (and counting). Unemployment is predicted to
surge to 28 percent. Schooling stopped for nearly 50 million students for the
bulk of the year. Forty percent of the population is expected to fall under the
national poverty line; 45 percent of children are at risk of malnutrition. For
the vast majority, dying of hunger due to the lockdown economy has been a
bigger worry than dying from Covid. With a resurgence in positivity rate of
over six percent, in November, a second lockdown or at least several smart
lockdowns are imminent. This is far from over.
Vaccine:
According to a recent IPSOS survey, 63 percent of Pakistanis will refuse to get
vaccinated when a vaccine becomes available. This attitude is reflective of the
reach and damage conspiracy theories have on an undereducated population unable
to think critically and distinguish between WhatsApp fiction and reliable fact.
While there are now two promising vaccines based on messenger RNA technology
(Pfizer and Moderna), the fact that Pakistan has not been an early investor in
the development of either of them means that its place in the customer queue is
near the end of the line.
It will be
quite some time until we can hope to acquire any vaccine in sufficient numbers.
Add to that the challenge that the Pfizer and Moderna vaccines require extreme
refrigeration at -94 and -20 degrees Celsius, respectively. This will mean
building a dedicated refrigerated supply chain, something we have not seen even
being discussed in government circles yet.
NCOC:
Covid-19 did not induce any structural changes to speak of, save one: while the
central government often sets up some kind of national command center in times
crisis, the National Command Operations Center (NCOC) established for dealing
with the pandemic distinguishes itself from prior command centers in that its
decisions are heavily data driven. This approach has introduced the concept of
targeted interventions supported by data in place of broad decrees that blanket
a province or the entire country – a scalpel in place of a broadsword. However,
this new approach has not extended much further down into the government
machinery for other decision-making yet.
WFH: A
sliver of professionals and knowledge workers were able to retreat to the
protective bubbles of their homes and continued to work-from-home (WFH).
However, many smaller businesses and offices were unable to make the quick
transition to digital, least of all government. During the peak of the first
wave, staff at government offices was reduced to essential staff only. LinkedIn
hype aside, for the vast majority of workers, WFH will not become the new
normal in the foreseeable future.
Digital
Divide and Schools Reopen: The digital divide in the country was also exposed
in the unpreparedness of the majority of schools and universities to adopt
online education. Again, the sliver of elite private schools and universities,
who were already using learning management systems and had students that owned
computers and broadband internet connections at home, were able to switch to
online education with limited success.
However,
for the vast majority of students the shutdowns of educational institutions
translated into an early and extended summer vacation. As schools reopened in
the last few months, accounts are emerging of the reality behind the
government’s claims of online and distance learning during school closings. The
learning loss that has resulted from these extended closings will be felt in
the years to come. Schools will likely shut down again for an extended winter
break. For most students, this academic year will have to be written off as a
loss.
Aurat
March: Early in the year, the second Aurat March put a spotlight on women’s
rights and sparked heated debates. In the World Economic Forum’s Global Gender
Gap Report for 2020, Pakistan’s rank continues to languish at 151 out of 153
countries, only ahead of Yemen and Iraq.
Hang the
Rapist: With this backdrop, the once taboo issue of violence against women is
receiving more airtime. Every few weeks a high-profile case of rape or violence
makes headlines (Lahore Motorway, Kashmore, etc). Coverage of these cases is
causing public outrage and has been increasing the pressure on the government
to enact police and legal reforms, but until that happens, with 11 cases of
rape and gang-rape reported daily, and many more going unreported, Pakistan
remains among the most unsafe countries for women and children.
SNC and Aik
Nisab: Historically, changes to the national curriculum have been whisked
through without much public scrutiny or questioning. However, in 2020 the
Single National Curriculum, or SNC, has ignited public debate like few
curriculum changes in the past have, with numerous public intellectuals as well
as the general public weighing in.
The
increased public interest and input on an issue ordinarily considered insipid
and dull has taken aback many in government. This greater-than-expected level
of public engagement can be attributed to the rise of online platforms and
wider internet penetration that have given voice to the otherwise voiceless.
Tea was
Fantastic. The India-China Face-Off: India overplayed its hand in Balakot in
2019. The scrapping of Article 370 changing the status of Indian Occupied
Kashmir later that year and the curfew and crackdown transformed it into the
world’s biggest open-air prison have further opened India to charges of human
right violations that the world is finding difficult to ignore, irrespective of
trade interests. In 2020, India overplayed its hand once more when Indian
soldiers skirmishes with Chinese forces in the Galwan river valley and several
other points at the border.
The Modi
government’s aggressive actions and diplomacy, not only against Pakistan, but
also China, Nepal and Bangladesh, coupled with human right violations in Indian
Occupied Kashmir have set it back on its heels, a rare situation for the Pakistani
Foreign Office to find itself in.
Indian
Terrorism Exposed: In mid-November, Foreign Minister Shah Mehmood Qureshi and
DG ISPR Major General Babar Iftikhar held a press conference in which they
publicly released evidence of what had long been alleged by Pakistan – Indian
financing of anti-Pakistan militants hiding across the border in Afghanistan,
using its string of consulates along the border. The evidence included bank
transactions and audio clips of Indian handlers and terrorist assets.
This public
presentation of facts is a major departure in style and substance for Pakistan.
While a single press conference may not change much, sticking to this more open
style of argumentation will make it more difficult for world powers to look the
other way.
To be continued
https://www.thenews.com.pk/print/746623-pakistan-in-2020-part-i
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Pak-Afghan Trust Deficit
By Kamran Yousaf
November
22, 2020
Prime
Minister Imran Khan undertook his maiden visit to Kabul last week. He was
accompanied by Foreign Minister Shah Mahmood Qureshi, DG ISI Lt-Gen Faiz Hameed
and other senior officials. The visit was important in the context of
Afghanistan’s current situation.
While the
intra-Afghan talks are underway in Doha, Pakistan and Afghanistan have been
trying for months to remove mistrust between them. The heart of the problem is
the series of complaints both have against each other. Afghanistan has long
accused Pakistan of harbouring or supporting the Afghan Taliban and the Haqqani
network. The rhetoric was lowered in recent months after Pakistan played a key
role in bringing the Taliban to the negotiating table but the trust deficit is
far from over. Similarly, Pakistan has its own grievances. It has openly stated
that the Afghan soil is being used by groups such as outlawed Tehreek-e-Taliban
Pakistan (TTP) and Baloch terrorist groups to create trouble in Pakistan. Not
long ago, DG ISPR Major General Iftikhar and FM Qureshi presented what they
termed “irrefutable proofs” against India for using Afghan soil against Pakistan.
Against
this backdrop, the key issue between the two countries is to address concerns
for each other. In the past, efforts and promises were made but nothing changed
on ground as blame game continued. At the conclusion of PM Imran’s daylong
visit, a joint statement mentioned specific steps the two sides agreed to in
order to address each other’s security concerns.
“By
December 15, 2020: Re-energising joint intelligence services-led work on
analysing, mapping and cooperating against enemies of peace and those
undermining the peace process.”
This part
of the joint statement was the most significant. Both countries have set a
clear timeline to deal with the issue of militants or groups that pose a threat
to each other.
But will
both sides really implement this plan? The question is valid since past efforts
could not bring positive results. In 2011, Pakistan’s ISI and Afghanistan’s NDS
agreed on an MoU for intelligence sharing and cooperation. However, the then
NDS chief refused to sign the MoU as the Ghani administration faced stiff
resistance from within on the issue. As a result that agreement could not see
the light of the day. The elements skeptical of Pakistan’s role in the Afghan
peace process are still in the Kabul administration and may undermine the push
for seeking cooperation between the two intelligence agencies.
To ensure
the latest initiative does not meet the same fate as the previous effort, there
has to be a greater role from the leadership of the two countries. Increased
and better communication at the highest level is one way to go about. The
positive thing is that PM Imran’s visit is not one-off. The two countries
agreed to continue these high-level exchanges. Ghani accepted Imran’s visit and
is likely to travel to Islamabad in the first quarter of 2021.
While all
eyes are on the intra-Afghan dialogue, if Pakistan and Afghanistan are able to
develop a mechanism whereby instead of indulging in blame game they address
their concerns through talks and behind the scenes this would go a long way in shaping
not just the bilateral ties but also regional peace. It’s a tough task as
spoilers within and outside Afghanistan will certainly make all-out efforts to
undermine any initiative that brings Pakistan and Afghanistan closer. The
election of Joe Biden as US president has added new dimensions to the already
complex situation. On paper, he may not have much difference with Trump on
Afghanistan, but he may review the agreement with the Taliban with a view to
extracting more concessions from the insurgent group. This will certainly put
added pressure on Pakistan.
https://tribune.com.pk/story/2273158/pak-afghan-trust-deficit
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