Leadership for Environment and Development (LEAD ... 5 - A Legislative...Leadership for Environment...
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Balochistan 50% 40% 30% 20% 10% Urban Rural Pakistan LEGISLATIVE AND POLICY READINESS FOR SDG 5 IN BALOCHISTAN SDG 5 TARGETS Balochistan Domestic Violence (Prevention and Protection) Act 2014 Balochistan Child Protection and Welfare Bill; Balochistan Child Marriages Restraint Bill; Prohibition of Child Marriages Bill Balochistan* Harassment Against Balochistan Women at Workplace Act 2016 The Balochistan Protection and Promotion of Breast-Feeding and Child Nutrition Act, 2014 Federal laws are applicable in the province. However, implementation of extant policies and federal legislation is the most critical challenge, together with the fact that federal legislation does not account for the unique Balochistan context** *Pending bills **Page 2 includes a comprehensive list of federal laws and policies pertinent to SDG 5 WDD Gender Equality Framework 2016-20 42% 43% 34% 28.4% IMPLEMENTATION CHALLENGES ARE THE MOST CRITICAL LEGISLATIVE GAPS IN ACHIEVING SDG 5 TARGETS IN BALOCHISTAN 5.1 5.2 5.3 5.4 5.5 5.6 5.a 5.b 5.c Source: 2012-2013 Pakistan Demographic and Health Survey I n s tit u tio n a l B a r rie r s S o cio - p olitic al B a rrie rs Access to justice skewed towards powerful actors Weak institutional and human capacity particularly at lower levels of judiciary Insufficient independent oversight and poor institutional coordination Formal justice system is expensive, cumbersome and often delayed Gaps in legal framework failing to protect the vulnerable and marginalized Unjust and discriminatory laws such as Qisas, Diyat, Law of Evidence, Hudood Ordinances, Blasphemy Law L e g al B a rrie rs Low political priority given to women’s equality and empowerment Lack of political will to tackle corruption and reform institutions Societal attitudes and fear of reprisal as obstacles to accessing justice RECOMMENDATIONS Establish oversight bodies holding law enforcement officials accountable for negligence, deliberate malpractice and improper procedure Gender-sensitive trainings particularly at lower levels of judiciary to improve understanding of women’s issues and rights Gender mainstreaming in essential public services and infrastructure, and a shift in cultural attitudes Greater representation of women and minority judges in the justice system Increase capacity of lawmakers to formulate women-specific legislation National advocacy campaigns, improved Lady Health Workers programs and enhanced access to Basic Health Units in remoter areas to promote women’s sexual and reproductive health rights 1 1 2 3 1 1 2 Presence of parallel justice system, especially in tribal areas 3 2 3 4 3 2 4 6 5 PERCENTAGE OF WOMEN WHO HAVE EVER EXPERIENCED VIOLENCE SINCE THE AGE OF FIFTEEN March, 2018 30 A LEGISLATIVE AND POLICY GAP ANALYSIS FOR BALOCHISTAN
Transcript of Leadership for Environment and Development (LEAD ... 5 - A Legislative...Leadership for Environment...
Balochistan
50%
40%
30%
20%
10%
Urban Rural
Pakistan
LEGISLATIVE AND POLICY READINESS FOR SDG 5 IN BALOCHISTAN
SDG 5TARGETS
Balochistan Domestic Violence (Prevention and Protection) Act 2014Balochistan Child Protection and Welfare Bill; Balochistan Child Marriages Restraint Bill; Prohibition of Child Marriages Bill Balochistan*
Harassment Against Balochistan Women at Workplace Act 2016The Balochistan Protection and Promotion of Breast-Feeding and Child Nutrition Act, 2014
Federal laws are applicable in the province. However, implementation of extant policies and federal legislation is the most critical challenge, together with the fact that federal legislation does not account for the unique Balochistan context**
*Pending bills **Page 2 includes a comprehensive list of federal laws and policies pertinent to SDG 5
WDD Gender Equality Framework 2016-20
42% 43%
34%
28.4%
IMPLEMENTATION CHALLENGES ARE THE MOST CRITICAL LEGISLATIVE GAPS IN ACHIEVING SDG 5 TARGETS IN BALOCHISTAN
5.1 5.2 5.3 5.4 5.5 5.6 5.a 5.b 5.c
Source: 2012-2013 Pakistan Demographic and Health Survey
Institutional Barriers Socio-political Barriers
Access to justice skewed towards powerful actors
Weak institutional and human capacity particularly at lower levels of judiciary
Insufficient independent oversight and poor institutional coordination
Formal justice system is expensive, cumbersome and often delayed
Gaps in legal framework failing to protect the vulnerable and marginalized
Unjust and discriminatory laws such as Qisas, Diyat, Law of Evidence, Hudood Ordinances, Blasphemy Law
Legal Barriers
Low political priority given to women’s equality and empowermentLack of political will to tackle corruption and reform institutions
Societal attitudes and fear of reprisal as obstacles to accessing justice
RECOMMENDATIONSEstablish oversight bodies holding law enforcement officials accountable for negligence, deliberate malpractice and improper procedure
Gender-sensitive trainings particularly at lower levels of judiciary to improve understanding of women’s issues and rights
Gender mainstreaming in essential public services and infrastructure, and a shift in cultural attitudes
Greater representation of women and minority judges in the justice system
Increase capacity of lawmakers to formulate women-specific legislation
National advocacy campaigns, improved Lady Health Workers programs and enhanced access to Basic Health Units in remoter areas to promote women’s sexual and reproductive health rights
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1 12
Presence of parallel justice system, especially in tribal areas3
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4
65
PERCENTAGE OF WOMEN WHO HAVE EVEREXPERIENCED VIOLENCE SINCE THE AGEOF FIFTEEN
Mar
ch,
2018
30
A LEGISLATIVE AND POLICY GAP ANALYSIS FOR BALOCHISTAN
About LEAD Pakistan
About the Document
Disclaimer
FEDERAL LAWS AND POLICIES ON SDG 5 APPLICABLE IN BALOCHISTAN
All legislation mentioned below helps to curb the discrimination gap between the sexes in Pakistan.
Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011, Dissolution of Muslim Marriages Act, 1939, Family Courts
(Amendment) Act, 1971, Muslim Personal Law (Shariah) Application Act, 1948 (Act IX of 1948), Muslim Personal Law (Shariah)
Application Act, 1962 (Act V of 1962).
Muslim Family Laws Ordinance, 1961, Family Courts Act, 1964, The Family Courts (Amendment) Ordinance, 2002, (Ordinance LV of 2002).
Protection against Harassment of Women at Workplace (Amendment) Act, 2014, National Policy for Development and Empowerment
of Women.
Pakistan's Population Programme (National Reproductive Health Services Package)
Muslim Personal Law (Shariat) Application Act, 1962, Succession Act 1925, Specific Relief Act, 1877, Land Revenue Act, 1967, Criminal
Law (Third Amendment) Act, 2011
The Protection of Cyber Crimes Act, 2014, The National Cyber Security Council Bill, 2014
All the above applies
Constitution of the Pakistan 1973, The Criminal Law (Amendment) Act 2004 ('honour' crimes), & The Criminal Law (Offences in the Name or Pretext of Honour) Act (Act XLIII of 2016), Protection of Women (Criminal Laws Amendment) Act 2006, The Criminal Law (Amendment)(Offences Relating to Rape) Act 2016 (Act XLIV of 2016), Criminal Law (Amendment) Act 2010 (sexual harassment), Qanun-e-Shahadat Order 1984 (Law of Evidence), Hudood Ordinance 1979, Criminal Law (Second Amendment) Act 2011 (Acid Crimes), Criminal Law (Third Amendment) Act 2011 (Anti-Women Practices), National Commission on the Rights of the Child Act, 2015, The Hindu Marriage Act, 2015, Code of Criminal Procedure Act, 1898, Hudood Ordinance, 1979, The Family Courts (Amendment) Ordinance 2002. Prevention and Control of Human Trafficking Ordinance (PACHTO) 2002.
SDG 5 TARGETS
The views expressed in this publication are those of the author(s)—and the respondents interviewed during the research of which this report is a product—and do not necessarily represent those of the United Nations, including UNDP, or UN Member States.
Leadership for Environment and Development (LEAD) Pakistan, is a leading international think tank, inspiring sustainable development across diverse sectors, with a focus on environment, climate change and development issues, since 1995. Our programmes, comprise Climate Action Programme, Water Programme, Environmental Management, Special Initiatives, Leadership Development Programme, and Social Capital Development.
The analysis and recommendations presented in this document are derived from LEAD Pakistan’s research report on ‘Sustainable Devel-opment Goal 5: A Legislative and Policy Gap Analysis for Balochistan’. The research maps and analyses laws and policies that are applicable in Balochistan for enforcing the SDG 5 targets. The report was produced with technical and financial support from UNDP and UKaid in Pakistan.
5.1
5.3
5.4 5.5
5.6
5.a
5.b 5.c
5.2
5.1
5.2
5.3
5.45.5
5.6
5.a
5.b
5.c
End all forms of discrimination
Eliminate Violence against women and girls
Eliminate early and forced
marriage & female
genital mutilation
Recognize and value
unpaid care and
domestic work Ensu
re w
omen
’s poli
tical,
econ
omic
and p
ublic
parti
cipat
ion
Ensu
re ac
cess
to se
xual
and r
eprod
uctiv
e hea
lth
and r
eprod
uctiv
e righ
tsUnd
ertake
refor
ms to gi
ve
women
rights
to ec
onom
ic
resou
rces
Enhance use of enabling
technology for empowerment
of women
Adopt and strengthen sound
policies and enforceable
legislation for gender equality
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