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Wednesday, October 1, 2014

The impact of MDG in advancing Human Rights Legislation in favour of women in Pakistan

Commitment to promoting gender equality and empowering women, officially the third Millennium Development Goal [MDG], is a pragmatic international agreement addressing the rights of women and girls. It strengthens the UN resolve to stand up for women’s rights. One hundred and seventy world leaders have agreed to improve the status of women in their countries and as a result, they have changed laws and policies to create greater safety and opportunity for women. This paper is an attempt to question the impact, if any, of MDGs in advancing Human Rights’ Legislation in favour of women in Pakistan, while maintaining a critical eye on the contention of the country public policy implementation.

Passed by the UN Secretary General in 2000 Millennium Summit, the MDGs express UNs role in the twenty-first century. Adopted by one hundred eighty nine UN state members and over one thousand non-governmental and civil society organizations from at least one hundred countries[i], one of the Millennium Development objectives is the promotion of gender equality and empowerment of women. By eliminating gender disparity in primary and secondary education, increasing the share of women in wage employment in non-agricultural sector and increasing the proportion of seats held by women in national parliaments around the world[ii], this measurable action plan hopes monitor the progress of women’s rights. This paper argues that the enactment of the Millennium Development Goals or MDGs has made a slow but positive difference for women in Pakistan, especially in reducing sexual violence, domestic violence, providing increased access to education, employment, healthcare and land rights.


The issue of gender equality is relegated a limited role in the Millennium Development Goals. The growing strength of the WTO, the IMF and the World Bank has caused increased poverty among women[iii].  The MDGs ignores the affect of macroeconomic policies on women. The WTO serves to strength the neo-liberal free trade agenda at the expense of human rights development framework.  In the context of WTO and IMF and the World Bank has restructured the economies of Southern states and reshaped further their legislations while imposing massive debt and thereby containing the need for credit and meagre aid. This has overridden national sovereignty and the nations’ ability to set policies consistent with respect for human rights[iv]. Nations cannot ensure equal power and wealth distribution among men and women as global partnership with WTO and IMF causes privatization of national resources and public services, the opening of southern markets to imports and the end of subsidies for agriculture[v]. This has a devastating impact on women’s lifestyles. Already marginalized, now women have less access to food, water, healthcare and agricultural wages.

Alejandro Bendana assumes that the state and the society serves the interest of the markets[vi]. In his view public and governmental structures are disempowered to help women. Good governance administers economic policies for the benefit for transnational capital not local citizenry. Thus, hunger and poverty are seen as technical concerns not political issues. He suggests that in order to eliminate inequality against women, economic policy making must be democratized and placed equally in the hands of local women[vii] not WTO or IMF.
Moreover, MDGs target the traditional way of life of many people in the South[viii]. They are forced to take up take up fundamentalism, “us versus them” mentality to preserve their culture[ix]. Many times the bodies of women are the demarcation point of this battle. The MDGs have caused a rise in war, foreign intervention and threat to national security which all effects women[x]. Women’s personal and economic rights cannot be solved unless these issues are solved first. Therefore, MDGs must work on multiple arenas at multiple levels without abandoning one arena to another. Institutions need to improve women’s reproductive health, sexual rights and legal protections and be held accountable for these responsibilities.

The governments cannot reach the goal of empowering women without eliminating the proportion of extreme poverty among women. The absolute number of those living on less than a dollar a day rose from 1.2 billion to 1.9 billion in 2014[xi]. This statistic does not take into account the number of women working for less than a dollar plus the number of unemployed women. This produces a further cut-back in the planned promotion of women’s empowerment. Without fully understanding the extent of extreme poverty among women, it is difficult to interpret the type of resources necessary to meet this goal. Moreover as the worldwide population is expected to grow by 36.7% by 2015[xii], it is expected that the number of people living in extreme poverty will also increase. Seven hundred ninety-nine million humans are undernourished, from which thirty-four thousand children, under age five die daily because of hunger[xiii]. Other poverty-related deaths surmount to fifty-thousand daily[xiv]. Thus MDGs are hardly a cause for celebration in the arena of women’s legislation. The MDGs do not even explicitly quantify the number of women in need of help and the type of help necessary to alleviate their suffering.
 There are many international conventions like the MDGs such as World Food Summit in Rome in which 186 participating governments declared their commitment to achieve food security and eradicate hunger in all countries by 2015[xv]. This and similar declarations hardly meet their requirement or make any considerable difference. What is necessary are workable policies that can be implemented for immediate distribution of resources.
The MDGs does not recognize that governments must implement social policies and basic services to uplift the status of women. Women require social protection programmes to protect declines in their income due to contingencies, access to information and knowledge, good quality infrastructure, domestic technology and care services, wealth redistribution through land reform, gender and child responsive budgeting adequate corporate taxation[xvi]. Governments must create macroeconomic policies[xvii] – sufficient, productive and decent employment to absorb women into labour force, provide jobs for the unemployed and reduce vulnerable forms of employment.

Finally crime, disease and environmental problems are also found to be exacerbated by inequality[xviii]. This leads to political instability and violence and conflict perpetuated against women and children. The governments cannot hope to lower the levels of economic and social disparities between men and women without reducing the severity of violence in nation-states[xix].
It is importance to address discriminatory and exclusionary practices that disadvantage women. For example, it is impossible to reduce domestic violence without owing to the realization that any law that does not enjoy public support will be ineffective. Comprehending Pakistan’s historically patriarchal practices, it is important to sensitize the public and the judiciary on gender crimes.

Growing inequalities negatively impact the economic, social and the political situation osf the state. Governments must realize targeted measures to maximize resources available to fulfill economic social rights. Highly unequal societies tend to grow more slowly than those with low income inequalities, less successful in sustaining growth over long periods of time and recover more slowly from economic downturns.  It can jeopardize the well-being of large segments of the population through low earnings and have subsequent effects on health, nutrition and child development.
Fewer than one in six parliamentarians are women. While women’s representation in Rawanda in 49%, ten countries have no women in parliament. the fact that there are no firm targets and a scarcity of data in these areas suggests that these aspects of women’s empowerment are not seen as political priorities.


Advancing the rights of women and girls is a moral necessity. Carl Barton states that the most effective route to achieving women’s rights is to use the MDG as a yardstick by which the international community is asked to be judged on its progress towards economic and social development[xx]. However, there is a slow progress and a delay in the achievement of these goals as it does not address the areas of extreme disadvantage among women: education, healthcare and other basic services that are critical to reaching the goals. In comparison, the Beijing platform for action, UN summit on women in 1995, provides a stronger basis for an expanded vision of the MDGs[xxi]. It covers 12 areas of critical concern. Everything is interlinked in a way – universal education to access to health, maternal mortality, access to safe sexual and reproductive health services, removing barriers to economic growth.

Although the constitution of Pakistan holds the dignity of every individual inviolable and guarantees equality of all citizens before law (IPS Task Force, 2010, 127), a Thomas Reuter’s Foundation poll for gender specialists reported that Pakistan is the third most dangerous country in the world to be a woman. According to this poll, 90 per cent of women in Pakistan have been victims of domestic violence at some point in their lives (Khan, 2012). The Human Rights Commission of Pakistan reports every two hours a woman is raped in Pakistan. Many of these rape assaults are gang perpetrated.  Besides domestic violence and rape, these women routinely face other gender crimes not limited to acid attacks, child marriages and forced abortions, which results in serious health complications, permanent physical and psychological injuries and sometimes death.

The status and role of women in Pakistan is oppressed by the 1979 Hudood Ordinances, introduced as part of Sharia Law under the Zia-ul-Haqq military dictatorship (Lancet, 2006). The law allows male clergy in religious courts to punish female victims of rape, with sexual misconduct by sentencing them to jail, if they fail to produce four witnesses. This ensures that women remain under the apex of male prowess. Among other forms of discrimination include the inability of women to inherit and maintain landownership. The seclusion of women from landownership, employment and access to money and education is prevalent. Women are constrained by customary law to traditional roles of marriage and motherhood.

Over the last decade, under pressure from the International community (Millennium Development Goals), the government of Pakistan eventually enshrined landmark bills and procured judicial amendments to certain laws related to women and family.
Pakistan’s political system has traditionally being highly patriarchal. So the implementation of a new pro-women’s public policy is plagued with opposition, particularly  from feudalists and religious groups, members of the rural community, illiterate and poor groups who have no real insensitive to adopt the reform policies. These groups resort to marginalizing women to maintain their pseudo hierarchical positions.
In order for the newly articulated legal reforms to be incorporated, first civil societies must organize into democratic institutions. Second, women’s rights movements must be strengthened to enhance the political, economic and societal rights of women. I propose that the very ideology which oppresses women should be rooted out before policy implementation and women’s movement can fuse effectively.

According to the IPS Task Force[xxii], feudalism perpetuates discrimination against women. It provides a vehicle for delegitimizing the human rights of women. In turn, the instability which eludes feudalist culture is high levels of illiteracy and poverty among women. The feudalist structure of Pakistan has taken a form of an existential threat to women’s wellbeing. The country demonstrates a need for social rectitude – a complete reconstruction of ideology that defines the roles and responsibility of women in light of national civic liberty and democratic habits.
Khan, author of Pakistan Journal of Women Studies, agrees that “there is a need to evolve mindsets so the society accepts that prohibited practices are intolerable.” The public may find ways to evade legal penalties if their misogynist beliefs are not waived. Also, the implementation of Anti-Women Practices Act requires sensitivity training  of law enforcement personnel and even then it is challenging to monitor, especially when discrimination occurs between two consenting parties.
Proponents insist that Women’s Protection Bill is a step forward for Pakistan. It “s rape cases to be tried under the civil penal code (where judicial decisions are based on forensic and circumstantial evidence) rather than under Sharia law.” The law achieves gender equality by sending a clear message that violent crimes against women will result in charges and conviction with maximum sentence.
Similarly, the 18th amendment to the country’s constitution, which devolves control of healthcare to provincial governments, promises more efficient and accessibly health care facilities for women.  Additionally, distribution of 21,000 hectares of cultivatable state to women, part of a land reform scheme under President Zardari offers more opportunities for female empowerment (Ebrahim, 2010). In this paper, I use these reforms to determine their relative importance in improving the political, economic, and social welfare and growth of women. This is done by studying the progress made in terms of achieving a decline in domestic violence, gender crimes, illiteracy, poor healthcare and poverty among women. I conclude that the government reforms, especially amendment to the constitution is encouraging at best; however it remains lacklustre without complete implementation. Pakistan has succeeded in designing relevant reform schemes that lag lack implementation.










Bibliography
Piece, Thematic Think, “UN System Task Team On The Post-2015 UN Development Agenda – Addressing Inequalities: The heart of the post 2015 agenda and the future we want for all.” (2012)
Turquet, Laura, Patrick Watt, and Tom Sharman. "Hit or Miss? Women's rights and the Millennium Development Goals." ActionAid UK  (2007): www.actionaid.org.uk.
Morgan, Richard. “Thematic Papers on MDG3 Promote Gender Equality and Empower Women.” UNDG Task Force (2007).
 “National Report: Pakistan. A Civil Society Review of Progress towards the Millennium Development Goals in Commonwealth countries.” Commonwealth Foundation (2013).



[i]  Morgan, Richard. “Thematic Papers on MDG3 Promote Gender Equality and Empower Women.” 5
[ii]  Ibid 8
[iii] Ibid 11
[iv] Ibid 23
[v] Ibid 22
[vi] Turquet, Laura, Patrick Watt, and Tom Sharman. "Hit or Miss? Women's rights and the Millennium Development Goals." 19
[vii] Ibid 21
[viii] Ibid 22
[ix] Ibid 25
[x]  Ibid 30
[xi] Ibid 29
[xii] Ibid 40
[xiii] Piece, Thematic Think, “UN System Task Team On The Post-2015 UN Development Agenda – Addressing Inequalities: The heart of the post 2015 agenda and the future we want for all.” (2012). 15

[xiv]Ibid 15

[xv]  Ibid 19
[xvi]  Ibid 32
[xvii] Ibid 40
[xviii] Ibid 56
[xix] Ibid 47
[xx] Ibid 42
[xxi] Ibid 42
[xxii] Ibid 49

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