Journal of Global Social Work Practice, Volume 4, Number 2, November/December 2011
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Human Rights Education for Women in Pakistan: Challenges and Opportunities In Pakistan, women are vulnerable to human rights violations stemming from gender inequality and discrimination. Human rights guaranteed in laws are often far removed from their daily lives and they also experience challenges realizing these rights in practice. Human rights education is one vehicle for empowering women to access and defend their rights. This article presents a model of human rights education in Pakistan, where local women are trained as paralegals to work within their communities to educate other women regarding human rights and to connect them to sources of legal and social assistance. Based on a synthesis of interviews with founders and graduates of the program and participant observation during field work in Pakistan in 2007 and 2009, this article examines the strengths and limitations of this model within the human rights context of Pakistan and the implications for global social work practice. Keywords: Pakistan, grassroots, human rights education, paralegal training, women's empowerment Contents Women's Human Rights in Pakistan Discussion: Challenges and Opportunities for Women's Human Rights Education
Not only women get help here, but they also get training in the legal aspects
of human rights. Through this course, I was educated on the constitution of Pakistan, the laws of the country, and much more on the issue of human rights.
It was during this time when I came to realize my capabilities. Beginning from the Universal Declaration of Human Rights in 1948, through Vienna's Declaration in 1993, to The United Nations Decade for Human Rights Education in 1995 and with the establishment of the World Program for Human Rights Education in 2005, the international community has recognized human rights education as a universal right and societal obligation. Human rights education is increasingly recognized as an effective strategy to prevent human rights abuses among vulnerable groups such as women, to promote gender equality, and as a means to combat poverty and prevent and resolve conflicts (United Nations Development Programme, 2005). However, a major challenge is transforming human rights from a theory to an on-the-ground reality. In order for human rights concepts to be effective, they need to be translated into local terms and considered within the social situations in which rights are violated (Merry, 2006). In Pakistan, women activists working through non-governmental organizations (NGOs) have been a significant force in the promotion and protection of human rights within the country. They have initiated innovative strategies to reach women who are deprived of knowledge regarding their rights by patriarchal norms that limit their participation in society and access to justice. Acknowledging the drawbacks of sole reliance on the state to enforce rights, they focus their efforts on women as citizens of the state and as key societal stakeholders. "Bottom-up" grassroots approaches to legal and human rights education and legal empowerment strategies bridge the gap between human rights provisions in theory and practice. Social workers are increasingly called upon to incorporate a global perspective for effective practice because of the interconnectedness and commonalities of social justice issues across nations. Hokenstad and Midgley (2004) also propose that social work policy and practice be enhanced by documenting, analyzing, and adapting innovative approaches originating from other countries. This article presents a model of human rights education for women in Pakistan, where low rates of literacy and other forms of exclusion challenge women's access to their rights. It is based on a synthesis of interviews with founders and graduates of the program as well as participant observation during field work in Pakistan between 2007 and 2009, and supplemented by program materials and research reports. In order to provide the context and rationale for the model, a brief situational analysis of women's human rights in Pakistan is presented. This analysis is followed by an examination of the program that trains cohorts of women regarding their rights so that they may educate other women in those respective communities. The article concludes with an analysis of the promise, strengths and limitations of the model within the human rights environment for women in Pakistan and the implications for global social work practice. Women's Human Rights in Pakistan Legal System/Civil and Political Rights In Pakistan, there is a large gap between the rights established by statutes and the people they concern. Women encounter more obstacles than men in acquiring resources and also face gender-based violence, legal and cultural discrimination, under-representation in government and the economic sector, and illiteracy (Asian Development Bank, 2000). The status of Pakistani women is unequal to that of men, despite constitutional guarantees of equality under the law, equal protection of the law, non-discrimination, and affirmative action policies (Jilani & Ahmed, 2004). Family law is an area of legislation that deeply impacts women's lives (Women Living under Muslim Laws, 2006; Ali, 2000). Shortly after Pakistan's founding, women's groups pushed for legal reforms that resulted in The Muslim Family Law Ordinance (MFLO) of 1961. The law made marital practices more transparent; it instituted specific protections for women entering into marriage by establishing a minimum marriage age of 18 for males and 16 for females (Mumtaz & Shaheed, 1987). Penal sanctions were established for contracting child marriages; registrations of marriage contracts were required; and regulations were placed on unilateral verbal divorce by repudiation (talag) (Mumtaz & Shaheed, 1987; Weiss, 2003). The MFLO also requires the consent of both male and female parties before the marriage can occur in order to deter traditional practices that promote families to marry off their daughters at early ages (Ali, 2002). Pakistan also adopted many of the international commitments to protect basic human rights and gender equality. These commitments are effective in providing a platform and are useful in courts for advocacy and for setting a standard to measure national laws. These laws include: The Universal Declaration of Human Rights (1948), Convention on the Rights of the Child (CRC), ratified by Pakistan in 1990; Beijing Platform for Action (BPFA), Fourth World Conference on Women, Beijing, 1995; and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1996 (Institute of Social Studies Trust , 2007). In spite of such laws and treaties, legal scholars and human rights organizations in Pakistan agree that girls and women continue to confront profound disadvantages and a lack of rights protections (Jilani &Ahmed, 2004; Amnesty International, 2002). Lack of enforcement for existing laws and weak governance undermine women's access to justice (Women Living under Muslim Laws, 2006). Cultural norms and distorted interpretations of religion often override statutory laws and interfere with women's rights to protection in marriage, divorce, and other areas that affect their daily lives (Jilani & Ahmed, 2004; Ali, 2000). The equality afforded in the Constitution and the international covenants is negated by a number of discriminatory laws. In 1979, the military regime of Zial ul-Huq initiated an "Islamization" program in the country that enacted anti-women laws based on a conservative interpretation of religious teachings. These laws were out of step with many of the advances that had been made by women. The Hudood Ordinances equated rape with adultery, disallowed a woman's testimony to prove rape or adultery, and instead required the evidence of four Muslim males (Human Rights Commission of Pakistan, 2003; Jahangir, 2000). The laws made it dangerous to report crimes of rape (Amnesty International, 1999). The laws of Qisas (retribution) and Diyat (compensation) that went into effect in 1990 further undermined women's rights to safety and security by privatizing violent crimes of murder and bodily harm. The law eliminated the possibility of state prosecution by allowing families to forgive offenders and accept compensation, which creates circumstances whereby women may be killed in the name of honor with impunity (Amnesty International, 2002; Jilani & Ahmed, 2004). By ratifying CEDAW, the government agreed to eliminate discrimination against women in employment, education and politics (Jahangir, 2000). However, these discriminatory laws have not been repealed (Jahangir, 2000). As a result, policies toward women are contradictory, inconsistent, and unsupported by substantive action; the state fails to enforce laws and to promote societal attitudes conducive to exercising women's fundamental rights (Jahangir, 2000; Jilani & Ahmed, 2004; Ali, 2000). In recent years, some positive legal reforms have been enacted. Pakistan's Penal Code began to recognize honor killings as premeditated murder in 2002, although enforcement continues to be weak (Institute of Social Studies Trust, 2007). In 2006, the Protection of Women Act amended the Hudood Ordinances, removed the required testimony of four witnesses, and distinguished between rape and sex outside of marriage (Roberts, 2006). Women's rights advocates continue to demand total repeal of this law and other discriminatory legislation such as the laws of Qisas and Diyat because they are often manipulated by families to harass and control women's decision-making (Shirkat Gah Women's Resource Center, 2007; Jilani & Ahmed, 2004). Pakistan's legal system is very confusing and operates with parallel judicial systems. The civil law, some of which is based on religious norms, is administered in a secular, procedural framework (Ali, 2000). In the tribal areas, customary laws are still implemented in tribal courts, yet these are not judicial; within the formal legal system, and courts routinely reject recourse to custom (Women Living under Muslim Laws, 2006). Entrenched authoritarian patriarchal norms and structures prevent women and marginalized communities from accessing legal rights, services, and resources. Many people do not understand how to take action to protect their legal rights and have little faith that the legal system will deliver justice. It is plagued with too few judges, delays, high costs, incompetent legal representation, and poor administration in the courts (Asian Development Bank, 2009a). Laws to which no one is aware are of limited value and women who do not know their rights are more vulnerable to abuse. Particularly where women's rights issues are concerned, the law does not even reach the vast majority of the population. Therefore, customary and traditional laws and practices may override statutory laws. These practices are condoned or justified by the concerned institutions where the police continue to treat domestic violence as a private marital dispute and the courts continue to mitigate the sentences of those who kill in the name of honor (Asian Development Bank, 2009b; Jilani & Ahmed, 2004). The recent failure to enact the 2009 Domestic Violence Bill that criminalizes domestic violence was another setback, allowing the cultural tolerance of violence toward women to continue. Pakistan ranks 82 out of 93 countries on the Gender Empowerment Measure (GEM) (UNDP, 2008). This measure is based on factors such as the share of seats in parliament held by women: female legislators, senior officials and managers; and of female professional and technical workers (UNDP, 2008). This measure is also based on the gender disparity in earned income and reflects economic independence (UNDP, 2008). Affirmative action policies bolstered women's political representation and produced an increased female presence in all legislative assemblies after Pakistan established a quota system that reserves 33% of seats on the local and national level for women (Asian Development Bank, 2009a). Gender Development/Social, Economic and Cultural Rights Pakistan ranks 136 out of 177 countries on the Human Development Index (HDI), a ranking that has declined in recent years, making it one of the lowest in South Asia (UNDP, 2008). Women's lack of access to economic resources has a substantial impact on their well-being. Although it is improving, women's economic activity rate of women (36.3%) is the lowest in South Asia (Rai, Shah, & Ayaz, 2007). Women are concentrated in the informal economy as home-based workers and unpaid family workers; they are cut off from the minimal protection provided by labor law. In urban areas the majority of women work in low-paying jobs, primarily in the service sector (Asian Development Bank, 2000). The lack of women's social value also results in less investment of resources in their development (UNDP, 2008). Pakistan ranks 151 out of 156 countries in the Gender Development Index (GDI), a measure of gender disparities in basic human development. Illiteracy and a lack of formal education are two key factors contributing to the low status of women in Pakistan. A large gender gap in literacy has Pakistan lagging behind most of the countries in the region, with a rate of 63% for males and 36% for females in 2006 (UNDP, 2008). Gender-based violence is a major public health and human rights problem in Pakistan and is reported to be on the rise (Amnesty International, 2002; Human Rights Watch, 1999; Human Rights Commission of Pakistan, 2003). Violence against women emerged as a key strategic issue for human rights activism because of its ubiquitous presence in women's lives. The issue of violence against women also fits within the dominant human rights paradigm of civil and political rights, focusing on violations and redress. It is estimated that 80% of women in Pakistan experience domestic violence (Hassan, 1995; Jilani & Ahmed, 2004). Violence takes a variety of forms and includes domestic violence, rape, forced marriage, exchange marriage, child marriage, "honor killings," acid attacks, trafficking, and abuse while in police custody. (Jilani & Ahmed, 2004; Amnesty International, 2002; Coomaraswamy, 2005). According to Jacoby and Mansuri (2006), exchange marriage is the simultaneous marriage of a brother-sister pair from two households, constituting one-third of all rural marriages and even more prevalent in parts of Sindh & Southern Punjab provinces. The level of violence in the society is often linked to a women's lack of economic independence and empowerment (Asian Development Bank, 2000). Gender violence serves as a powerful mechanism to maintain the existing gender-related social order (Asian Development Bank, 2000; Institute of Social Studies Trust, 2007). Despite the seriousness and prevalence of gender-based violence, women are still not protected by legislation or practice. Institutions of justice as well as individuals have routinely been complicit in either perpetrating or perpetuating violence against women. As a positive development, there is now greater participation of women in the justice sector of Pakistan than in the past (Ahmed, 2005). Although women in Pakistan have the legal right to inherit family property, the denial of a woman's right to inherit and hold property on a par with men has serious consequences for women's physical and economic security. Many women "voluntarily" relinquish their right in favor of male relatives to avoid family conflict and to retain their natal family's obligation to provide financial and physical security in the event of adverse circumstances. When women cannot inherit and hold property, their ability to provide for themselves and their families suffers, as well as reinforces their dependence on family networks (UNDP, 2007). Discriminations against women in both property and family law compound each other and tie into other forms of oppression (U NDP, 2007). For example, women who own land or other immovable property are least likely to suffer from domestic violence, regardless of household income (Panda & Agarwal, 2005). Despite some improved legislation, procedural obstacles in legal proceedings of cases involving women's rights are often insurmountable. Women are often prevented from claiming their rights due to cultural norms, tradition, high illiteracy rates, lack of knowledge, lack of initiative on the part of the government to enforce laws and educate the public, and the absence of other support mechanisms. Lack of legal aid systems or the availability of affordable legal representation further limits access to justice (UNDP, 2007). These factors highlight the critical role that human rights education plays in overcoming the multitude of barriers. Human Rights Education for Women: Description of Program The AGHS Paralegal Program is part of the AGHS Legal Aid Cell, a human rights and legal aid organization founded by four female attorneys in 1980 during the highly repressive military regime of Zia ul-Haq that began in 1977. The women's movement for social change focused on human rights and the law. It was kindled by the dictatorship's Islamization program and the retrogressive laws it produced. These laws, which bolster the entrenched patriarchal norms, have serious negative consequences on women and human rights. Within this political environment, these attorney activists strongly felt a responsibility to use their profession to promote, protect, and restore human rights. Their secular human rights-based approach draws on civil law and human rights conventions, such as CEDAW, as frames of reference for their struggle. The Paralegal program strategy came to fruition through a confluence of domestic and international events. As previously noted, the women's movement in Pakistan was unique in its early orientation toward a human rights framework, shaped by the direct confrontation with the military dictatorship that was responsible for rescinding human rights. The program was initiated by ShaTaj Quizilbash, a well-known activist who has worked with AGHS since its inception. At the Nairobi women's conference in 1985, women's empowerment and the concept of legal literacy emerged as a priority for action on the international scale (Schuler & Kadirgamar-Rajasingham, 1992). This period also coincided with the women in development orientation of donor institutions that called for the integration of a gender perspective into development assistance. As a result, a proliferation of non-governmental organizations (NGOs) such as AGHS were able to direct attention to women's empowerment with funding for initiatives such as legal literacy (Bari & Khattak, 2001). Private funds are supplemented by a grant from Oxfam Novib, a Dutch donor. The Fourth World Conference on Women in Beijing, China in September 1995 and the Beijing Platform for Action (BPA) in 1990 further established the principle of women's rights as human rights and called for rights-based strategies for women and girls, including legal literacy. Local women's organizations such as AGHS further integrated the women's human rights framework into their legal literacy programs and legal strategies. A basic premise of AGHS Legal Aid Cell is that women are constrained from taking action against oppressive practices and/or from accessing rights by a lack of knowledge regarding formal, especially constitutional rights. One AGHS founder noted: Where legislation is done to benefit a particular segment of society like women there has never been a social policy of the state to back that law and through that social policy, create more and more respect for that law within the population. AGHS found their work to be critical because NGOs may lack accountability to implement their international commitments. Attempting to fill this void, AGHS directs their efforts to pressuring the government to rectify human rights violations and uphold the rule of law, influencing policy, and empower oppressed groups through litigation and free legal aid. Successful litigation of landmark constitutional cases in the area of women's rights, such as Abdul Waheed versus Asma Jehangir (1997), a highly publicized 1997 case in which the Lahore High Court upheld an adult woman's right to marry freely without consent of a guardian has served as a vehicle for change and has established their reputation nationally and internationally. Human rights advocacy is an important part of the group's mission, including monitoring human rights violations and drafting legislation relating to human rights. AGHS is closely affiliated with the Human Rights Commission of Pakistan (HRCP), founded in 1987, which is an independent, voluntary, non-political, non-governmental organization developed to become a countrywide and broad-spectrum human rights body. Paralegal Program: Structure and Activities The Paralegal Program, established in 1986, represents an important strategy implemented by AGHS. Moving beyond the traditional legal sector, they focus on direct empowerment of women at the community level through human rights education. The framework of women's human rights has been tremendously useful in efforts to lobby for legislative and policy changes at local, national, and international levels. It has been an equally important tool for grassroots organizing. Since its inception, the program has trained annual cohorts of 60 women as volunteer paralegals. The Asian Development Bank (2009a) defines a paralegal as any layperson who is selected by a legal service organization and given a specialized training program that includes a general introduction to law and human rights, specialty training in support services to community members in areas such as family law, inheritance, or property, and/or guidance on how to provide effective counseling. By educating groups of community women about their legal and basic human rights, volunteer paralegals increase awareness of women's rights and extend their capacity to provide legal aid to women and children. The paralegals facilitate women's access to AGHS for legal assistance when needed. Their goals reflect a dual emphasis on developing both women's individual and collective skills in order to empower them to mobilize others for legal and social change. Paralegals' success depends on effective relationship building, networking and information sharing. They are typically drawn from and assigned to communities in which they live and work so that they may establish trusting relationships of trust with the community members they serve while simultaneously developing an understanding of the local dynamics of power, conflict, and decision-making. This approach creates common ground upon which women, who are often isolated and with previously low levels of social capital, can work together to reduce both the risk of violence against women and other human rights abuses. Twelve paralegal community centers, each staffed by a coordinator, operate in and around the city of Lahore and also in Kasur, a small city about 30 miles outside of Lahore. Paralegals are sometimes drawn from the beneficiaries of earlier legal support activities. This program helps a lot because these women also come from the grassroots--from all over the city areas--- so they are very helpful in sending women and are always in touch with us. They graduate after one year, but if anybody in their local area or neighborhood wants help they know where to send them so they automatically come over here and give the name like 'this paralegal she told me to come to you.' So this program has helped a lot, it is guiding the women forward... Unprecedented numbers of women enroll in their training program and for the past several years, they have not needed to actively recruit participants. Paralegals come from a wide range of educational and social backgrounds, although the minimum requirement is a high school diploma (the equivalent of 10th grade). They work mostly as volunteers and focus on reducing the incidence of women's rights violations in their community, especially in the area of domestic violence, through education, advocacy, and engagement in specific cases. The training empowers a network of activists at the grassroots level who also serve as a bridge between the AGHS Legal Aid Cell and women in distress. The paralegals are often the first point of contact for a number of women in need of legal assistance. The resulting connections between women of varying social and economic backgrounds also help to keep the organization apprised of and responsive to critical issues for women. The paralegal training takes place in 7 half-day sessions over the course of several months and is designed to address the human rights issues of greatest relevance to women's daily lives. The training is organized into thematic modules that address diverse topics identified as gender justice issues of priority. The initial sessions begin with a thorough review of the Pakistan Constitution and women's citizenship rights. The training identifies and raises consciousness of state-sponsored and state-tolerated violence against women in the family sphere through a review of law and state practices regarding women's rights in the family. It also highlights cultural influences on women's legal status in the family and abuses that result from their lack of conformity to traditional gender norms. Many systematic and pervasive violations of women's human rights are perpetrated by women's family members. Therefore, subsequent training sessions focus on family law, including marriage and divorce: marriage contracts, custody and child maintenance, and court procedures. Despite having the largest burden for childcare within the household, women may not have equal rights over the custody of their children upon the dissolution of their marriage. The training promotes a thorough understanding of the marriage contract (nikahnama), which contains various clauses listing the agreements reached at the time of the marriage with respect to dowry, mehr (money the groom pledges to the bride at the time of the wedding), and other matters such as rights regarding divorce. Since gender-based violence is one of the most pervasive human rights abuses in Pakistan, the training heavily focuses on violence and its intersection with other forms of gender discrimination. Standards provided by the country's constitution and international human rights instruments frame violence as the violation of the right to life, liberty, and security (Jilani and Ahmed, 2004). Many women believe that they have little choice but to stay in violent and abusive marriages, unaware that laws can be used to their advantage as well as how and where to seek assistance. Principles of inheritance and property law are also addressed, since women's right to inherit family wealth is also an area of law that has a substantial potential impact on the welfare of women. The training relies on references to rights guaranteed in law, religion, and treaties such CEDAW and The Universal Declaration of Human Rights. Because it is common for men to assert claims over land held by female relatives and social norms make it difficult for women to assert their rights to inheritances, the training encourages an understanding of the impact of cultural norms and a shift from an emotion-based approach to a rights-based perspective about this issue. Paralegals gain knowledge of criminal laws, procedures for filing complaints with the police (FIR), various types of crimes, and arrest and bail procedures. The training emphasizes optimal strategies for assisting women who are victims of domestic violence, since the police are notorious for their lack of response to women who try to file complaints for assault and battery. Prevention of custodial violence against women is another goal. A 1992 study revealed that 70% of women in police custody were subjected to sexual and/or physical violence with no penalties for police officers (Jilani & Ahmed, 2004). The training reaches beyond promoting basic familiarity with rights and seeks to demystify laws and foster critical awareness and action. Empowerment of women stems not only from the rights-based knowledge acquired, but also from the educational methods used. The program employs popular education methodologies that focus on cognitive, affective, and experiential learning. These methodologies are drawn from transformative learning theory (Mezirow, 1990) and the work of Freire (1970), which emphasize emancipatory, participatory, and learner-centered strategies for human rights education (Tibbitts, 2005; Claude, 2000). Transformative education not only provides knowledge about human rights and the mechanisms that protect them, but also imparts the skills needed to promote, defend, and apply human rights in daily life. These skills empower women to make changes in their own lives, as well as in their families, communities, and the institutions around them (Tibbetts, 2005). Information and concepts are presented in ways that relate to the day-to-day life experience of beneficiaries, using a diverse range of methodologies: plays, skits, poetry, films, discussions, case studies, role-playing, and experiential activities. Field trips to Civil and High Court and "Lady Police Stations (women's police stations established by Benazir Bhutto in 1994, during her second term as a Prime Minister, to empower women and make it less difficult to report sexual assaults and other crimes)" provide first-hand experience with these important institutions, lessen the intimidation in dealing with such facilities, and provide information on how to resolve problems or obtain legally entitled services. Through observing and interviewing officials and female crime victims, trainees develop a critical perspective of the law and justice systems and an awareness of how police, judges, and other government justice sector officials may reflect class and gender biases. For example, trainees are asked to observe the attitude, tone, and overall method police officers used for interacting with women, to ask questions and to analyze the rationale for having separate women's police stations. This helps the participants learn how to deal with police and use legal procedures. On a field visit to the women's shelter home operated by AGHS, the students meet with the administration and residents. This helps the students to develop an awareness of laws and services for victims of gender-based violence and to understand the dynamics as well as its connection with other aspects of women's oppression. Trainees develop basic interviewing and counseling skills and apply them to interviews with shelter residents. Through role plays and case studies, the trainees apply concepts to problematic situations, such as instances in which the police fail to respond to a woman's attempt to file a complaint against her husband for physical violence, and analyze the course of action to take. Another empowering component of the paralegal program is the integration of issue-based drama. Trainers may act out a scene in which a woman is cheated out of an inheritance to which she is legally entitled or a scene where her family tries to block her from being involved in the terms of her marriage contract. The trainees also develop skits and poems depicting the social realities of women's daily existence. In a society where so many are illiterate and have limited access to systems of justice, using drama and poetry makes the message accessible to a wide audience. Through these role-plays, women are enlightened about injustices, leading them to develop possible solutions and alternatives. Observing the January 2009 graduation ceremony held at the Human Rights Commission of Pakistan in Lahore revealed an aspect of Pakistan not often visible in the media. The 60 female graduates filled the auditorium and were accompanied by proud and supportive family members, including their husbands and children. As stated by the program director: 'We always encourage people to bring their husbands, their brothers, or anyone, to bring them with you. So they know what you do. This is very important. Both have to work things out collectively.' Men are encouraged to be collaborators and supporters rather than adversaries, which contributes to the program's success. The organization is a vocal advocate of social change and challenges patriarchal norms in society. The Director of the Paralegal Program brings laughter from the audience as she refers to the criticism and efforts to discredit their work: People say that I corrupt women. Let them say whatever they want! If I am making a difference, if women get to stand up on their feet, if they understand their value, then there is no corruption in that, right? As a result of their effectiveness, the Paralegal Program also stirs resistance among certain sectors of the population. Women, who range in age from their early twenties to forty, represent diverse backgrounds and religious orientations. While some are dressed in brightly colored shalwar kameez (national dress), others are dressed more conservatively with their heads covered, and still others wear jeans. The opening speech by a program graduate Fahmida Shahid references individual and collective empowerment: Paralegal training has taught me a lot that my family, my teachers, or others have never taught me.....This organization exists to give women a voice. Women need to raise their voice against all the injustices and that is only possible if they get the knowledge about their rights. Today with whatever I have learnt thus far, I am going to try my best to educate as many women as possible, so they can educate themselves and become aware of their rights... If this organization (AGHS) continues to work at this level, women will surely reach equal status. The theme of women's empowerment is predominant in the program's speeches, testimonies, and performances. Several skits were developed and performed by the paralegals as part of the program. They dramatized the intersection of the political, cultural and economic rights of women as individuals and within their families. Gender violence and discrimination were considered from a life cycle perspective. One performance began with a poem titled, "Listen to My Voice." The poem and following skit performed addressed the theme of gender discrimination in the family, incorporating issues such as women's right to education, recognition of women's capabilities, and their right to fully participate in society. The skit involved a child whose father is unhappy at her birth, saying he would have been a proud father if he had a son. The father rejects his baby daughter. When she reaches school-age, he denies her money for her education. However, she perseveres with the support of her mother and her own determination. After some years, the daughter has become a doctor. When the father suffers a heart attack, he at first refuses his daughter's assistance but relents and recovers under her care. In the final scene, they reconcile and he states that "he is a proud father of a daughter." Progress has been made in raising women's consciousness about gender inequality, breaking down women's isolation, and bringing women's issues into the open. According to the Program Director: It's very difficult when even in the schools, they still teach the same thing. When a child goes to school and he and she is taught that the village belongs to boys and the home belongs to the girl...She gets married; it's the husband's home. She gets children then it becomes the son's home. So where is her home? She doesn't have a home. So that kind of thinking has broken down quite a lot and our paralegal program has really set the pace. Now women do not just talk about control but they talk about freedom and they realize yes, as human beings, they have the same rights that men have.... We are getting women from villages that come and I mean you see the change.... Women now talk... As women continue to be empowered to have equal rights to men, they are rising up and their lives are changing for the better. Discussion: Challenges and Opportunities for Women's Human Rights Education In the words of Eleanor Roosevelt, a framer of the Universal Declaration of Human Rights: Where, after all, do universal human rights begin? In small places, close to home-so close and so small that they cannot be seen on any map of the world. Yet, they are the world of the individual person: the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works...Unless these rights having meaning there, they have little meaning anywhere (Roosevelt, 1958). Programs such as the AGHS Paralegal Program exemplify these principles with a promising model of human rights education for women. This model works on the grassroots level in Pakistan, a country that is at the bottom in terms of many social indicators for women and is hampered by high rates of illiteracy and cultural restraints on women's mobility. Civil society groups such as these are playing a critical role in initiatives that make human rights concepts accessible to ordinary women. Issues such as gender inequality and violence are reframed as a denial of women's fundamental humanity and a failure to respect women's right to life, liberty and security of person, to freedom from torturous, cruel, degrading and inhuman treatment; and to equal protection under the law and counter to the law. The beneficial effects of human rights education programs such as the aforementioned paralegal program are difficult to quantify. Monitoring, assessment and evaluation are not highly developed in Pakistan (Asian Development Bank, 2009a). NGOs such as AGHS, with limited resources and staff dedicate their time to advocacy and service provision, and do not generally incorporate formal program evaluation into their design. Therefore, an analysis must rely on qualitative and anecdotal evidence, such as that presented in this and other articles. There are no current plans for a formal evaluation of the program. Further evaluation of this intervention that gathers participants' perspectives, including pre- and post-training assessments and interviews are recommended. Currently, staff meets regularly to assess how the program is working, conference complex cases, and coordinate with other parts of the organization to ensure that the program is working effectively. As observed by the program's founders, the paralegal program now has unprecedented numbers of women seeking to enroll in their training program; unlike the initial years, recruitment is unnecessary. Success is also measured by the increase in service utilization by women, especially poor women from rural areas who are seeking legal and shelter assistance due to the spread of rights awareness. The program is well-established because of the work it has carried out over the past 25 years and the initiatives it has pioneered in the field of human rights. A corps of about 1500 paralegals is equipped to disseminate information in neighboring communities. The organization (AGHS) is also an important partner in several human rights and NGO networks at national, regional, and international levels. The experience gained in the area of women's rights has enabled AGHS to influence public opinion, policy initiatives, law-making, and standard-setting not only nationally, but also through regional and international forums. It is notable that social workers are not employed in the Paralegal Program or within the AGHS Legal Aid Cell, although this does not appear to be intentional. Interviews with the staff indicate that hiring is generally done through trusted relationships formed among the close-knit network of women's activists in Pakistan because of the sensitive nature of this work. Hiring former clients and graduates of the paralegal training program, when appropriate, is also a priority. Some women may not be willing or able to work there because of perceived stigma. As mentioned in the Paralegal Program director's narrative, there remains a degree of distrust from some sectors of society toward the founders of the program, who are criticized for contributing to immorality and family breakdown. On a number of occasions, the staff has been threatened by a variety of opponents to their efforts (Critelli, 2010). Because of the paucity of literature on social work in Pakistan, it is difficult to determine the type of preparation social workers receive. The available literature suggests that social work is in need of improved training and a functioning professional organization. Social work training was initiated in 1953 based on a replication of traditional Western social work education. Practices were intended to develop in such a way that they would become "appropriate for training of social workers in the cultural and social environment of Pakistan" (Rehmatullah, 2002, pp. 176), but this has not been realized (Graham, Al-Krenawi & Zaidi, 2007). According to Remetullah (2002) in Pakistan, ...Very little social work literature has been produced and social work methodology of group work and case work is still being taught in the same manner as in 1954... (pp. 177) This fuels criticism of social work's congruence with the social realities of Pakistan. This critique extends beyond the scope of social work education in Pakistan and the massive overhaul of the entire educational system in Pakistan and has been recommended by a number of national and international bodies (Grace, 2005; Hathaway, 2005). Social work degree programs are offered in at least three major universities, including the Punjab University in Lahore (BS and MA), the University of Peshawar (BS and MA), and Karachi University (BS). Based on informal conversations and observations during field work in Pakistan, it appears that confusion exists over how social work is defined among the public. Many people do not distinguish between professionally-trained practitioners and those who do volunteer work to improve society. This assessment is supported by the fact that the Pakistan Association of Social Workers had its membership revoked by the IFSW in 2000 because it did not have a membership of professional social workers as defined by IFSW and was mainly an organization of social welfare volunteers (Graham et al., 2007). Within Pakistan there is a religious tradition of community volunteer work. Zakat is an expectation of practicing Muslims with financial means to donate a percentage of their income to the poor and indigent. These funds are generally used for emergencies and relief. There is serious need for long- term solutions, such as social development (Graham et al., 2007). Poverty continues to be widespread in the country. Given State underfunding of education, health, and social welfare, the scope of social work is still limited. NGOs attempt to fill this void. Still, it is unclear where and in which sectors social workers are employed. Massive unemployment exists in Pakistan, with only 30% of Pakistanis holding formal jobs and 19% of women participating in the labor force (Hathaway, 2005). At this time, social work's interface with the legal system is negligible. There are no known social work programs operating within the courts, as there are in the United States and other parts of the world. Greater collaboration between social workers and progressive lawyers is recommended to improve outreach and interventions to advance women's rights. Many attorneys have been at the forefront of the women's movement and are vocal in their advocacy regarding gender violence from a legal rights-based perspective. They are well-positioned to identify women who are in need of shelters and to provide counseling and other services. These lawyers have also developed good relationships through networks of professional organizations. The founders of the Paralegal program observe incremental signs of progress in their work, primarily because more women are entering the legal profession and, more importantly, because more women know their rights and are willing to come forward to take the risk of litigation. Nevertheless, using the law to the advantage of women has its limits and is an arduous process: A woman lawyer can interpret laws from a gender perspective, but you still need a client who wants to go all out, take the legal risk, and not succumb to pressure and compromise along the way. Many breakthroughs have come through case law, where women clients have had to suffer. At times, not even supported by their families, these women have had to go through prolonged periods of uncertainties and they have been brandished as brash women who are bucking social norms. It has been a difficult process for these women, and they need to be celebrated. (E. Ahmed, personal communication, September, 2005) Given these basic realities, much of the work of AGHS Legal Aid focuses on expanding legal rights and holding the state accountable for the protection of rights. They also believe that rules established through the court produce a psychological effect on society, signal a change of norms, and establish their acceptability and legitimacy. Their goal is to make human rights concepts and the rule of law respected among the public. A number of features of the Paralegal program have been deemed effective, which suggests that replication of this model within Pakistan, as well as other national settings, can be beneficial for women. Paralegals play an important role in establishing legal support capacity in countries such as Peru, India, the Philippines, and Bangladesh, where access to legal services is limited for a host of reasons (Dasso, 1992; Patel, 1992; Quintillan, 1992; Sobhan, 1992). Valuable community resources and assets are developed and complement the formal legal services, especially in resource-poor settings. Programs can also be directed to a variety of populations with different emphases. Although many of these programs have their roots in feminist-oriented organizations that developed several decades ago, broad consensus lately has emerged among international development agencies that paralegal programs offer a cost effective approach to access to justice for disadvantaged groups (Asian Development Bank, 2009b; United Nations Development Programme, 2008). Women's participation in social networks has been noted as a critical factor in lessening their vulnerability to violence and in strengthening their ability to resolve domestic violence. Building on social capital, paralegal volunteers decrease the isolation of women in their families and communities, a factor known to contribute to increased violence, particularly if those women have little access to family or local organizations (Krishna and Shrader, 2000). An important strength of the AGHS Paralegal Program model is its connection to a strong organization with linkages to specialized services such as the attorneys, crisis counseling, and the women's shelter. The popular educational methods used to develop paralegals skills are considered to be the most effective approach to human rights education programs for women (Dasso, 1992; Claude, 2000; Asian Development Bank, 2009a, 2009b; United Nations Development Programme, 2007). Activists are critical of service-oriented and politically-disengaged models of human rights education and advocate for training that provides deeper analysis of gender ideologies and norms (Goonsekere, 2004). Participatory methodologies that connect human rights concepts with real life situations foster critical thinking and are considered far more effective than lectures that focus on simply knowing laws and rights. Greater collective strength emerges through collective learning, which is found to result in increased confidence and higher expectations among participants (Asian Development Bank, 2009b). Role-play/simulation is found to be a catalyst to attitudinal/behavioral change because it establishes a vital link among the universal human rights education/advocacy theory and the participant's personal life, attitudes, behavior, family relations, and community problems, and conditions in the nation and the larger world (Handrahan, 2000). Despite the promise of this innovative program to expand human rights knowledge and discourse, access to rights for women in Pakistan continues to present a complex challenge. Pakistan continues to have some of the worst indicators in the world regarding women's political, economic, and social rights (Coomaraswamy, 2005). NGOs cannot accomplish all that is needed without greater State and institutional support. In spite of the outreach efforts of such organizations as AGHS and other organizations, most women across the country still remain ignorant of even their most basic rights. In urban areas, the statutory law is accepted and increasingly used by citizens, whereas in other areas, laws like the MFLO are totally disregarded or rarely used (Ali, 2000). A survey reported that over 80% of young women between 18 and 24 in Lahore had no idea of the clauses contained in the nikahnama (marriage contract). Almost 90% including those educated to graduate level and beyond, did not realize that they had any rights at all, such as those of divorce (Amnesty International, 2002). The government must put forth greater effort to fully honor the state's commitments under international treaties, such as CEDAW, and to enforce other existing laws to ensure that women's rights are sufficiently protected. Current measures undertaken are often ill-planned and poorly implemented. Such measures do not effectively monitor initiatives and lack mechanisms to eliminate gender discrimination (Amnesty International, 2002; Shirkat Gah Women's Resource Center, 2007; Human Rights Commission of Pakistan, 2007). The Asian Development Bank (2009a, 2009b) notes that the Pakistani government has no public information programs or mechanisms to disseminate information about laws and regulations that would help ordinary citizens understand their rights and obligations under the law, or the steps to take in resolving a legal problem. The lack of ownership of international commitments amongst even senior level government officials is also a serious concern (Shirkat Gah Women's Resource Center, 2007). A wide disparity exists between rights as defined by laws and treaties and access to these rights. The organization's positive efforts risk being overwhelmed by forces that constrain the human rights climate in Pakistan. The growth of extremism, the shrinking space for a secular discourse, and the reluctance of politicians to repeal discriminatory laws for fear of being viewed as anti-religious constrain progress. Human rights advocacy groups have called attention to human rights threats in Pakistan due to increased attacks by religious extremists against women's NGOs as well as schools and health clinics catering to women's needs (Rumi, 2011; Amnesty International, 2010; Shirkat Gah Women's Resource Center, 2007). Rights education has its limits and will only be successful in conjunction with broader approaches to education and development. Advancing women's human rights requires redistribution of socioeconomic resources within the society and promotes the full range of human rights, including civil, economic, and social rights of women with education and employment opportunities. The State must assume its responsibility with additional strategies that address gender inequality and provide adequate safeguards and systematic protection for women. This must be done by upholding the rule of law, using the equal rights clauses in the Constitution, positive existing legislation, and the commitments made in treaties such as CEDAW and the Beijing Platform for Action (BPA). Discrimination against women will continue to be perpetrated as long as legislation, law enforcement, and judicial systems fail to recognize domestic violence as a crime and discriminatory laws remain on the books. However, the organization's founders maintain that the most effective changes have come through both grassroots support for organizing campaigns on behalf of women and caution against over-dependence on the courts or government mechanisms alone (Ahmed, 2005). The goal is to encourage women to challenge the basic power relations of society in order to achieve genuine social change (Hasan, 1994). Conclusions and Implications for Global Social Work Policy and Practice Gender discrimination and violence against women are human rights issues that engage the energies of social workers throughout the world. Organizations, such as AGHS and its Paralegal Program, provide a valuable model that is successfully reaching and empowering women who are excluded because of illiteracy, poverty, and isolation; social work seeks to tackle all of these substantial issues. A critical practice and challenge for social workers everywhere are to develop engaging strategies meaningful to vulnerable and socially-excluded groups. The scope and mission of this program, emphasizing empowerment and rights beyond the formal legal system, is compatible with the social work perspective and can be adapted by social workers in collaboration with legal programs or as stand-alone projects. The program model presented is an example of an innovation that has been developed in the global south, but has relevance and applicability in a variety of national contexts. It is currently adapted in a wide range of countries such as Morocco (International Human Rights Law Group, 2004); Uganda (Tripp, 2004); Liberia and Sierra Leone (where programs facilitate women's empowerment in a post-conflict setting); and India (where one model that integrates social work services) (Pulikuthiyil, 2010). This model can be tailored for use among developed nations as well with groups that are highly vulnerable to human rights abuses, such as low income groups, youth, immigrants, and refugees. International migration has emerged as another level to which women are vulnerable to the violation of their rights and have increased risks of violence and/or abuse due to their marginalized status (United Nations Human Rights Council, 2008). Human rights education programs of this type can both empower women to define and defend their rights and contribute to their ability to participate more fully as citizens, all of which can help facilitate the integration process in the new society. Social work has been urged to integrate a rights-based, rather than a needs-based, orientation. A stronger focus on promoting and defending human rights can help social workers internationally address social, economic, and political injustices that women encounter throughout the world. A human rights framework provides social workers with a common language for tackling major social issues, such as gender inequality and violence (Reichert, 2003). 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Retrieved from http://www1.umn.edu/humanrts/instree/l1viedec.html Weiss, A. (2003). Interpreting Islam and women's rights: Implementing CEDAW in Pakistan. International Sociology, 18(3), 581-601. Women Living under Muslim Laws. (2006). Knowing our rights: Women, family, laws and customs in the Muslim world (3rd ed.). Nottingham, UK: The Russell Press. Retrieved from http://www.wluml.org/sites/wluml.org/files/import/english/pubs/pdf/knowing%20our%20rights/kor_2006_en.pdf Glossary Acid burning: a form of violence against women in Pakistan and other parts of South Asia, Perpetrators of these attacks throw acid at their victims (usually at their faces), burning them, and damaging skin tissue. The consequences of these attacks include blindness and permanent scarring of the face and body. Customary law: a body of norms generated and enforced by a traditional, sub-state polity that governing the actions of its members. It involves traditional practice that has become an intrinsic part of the accepted and expected conduct in a community, although the polity and/or its norms may or may not be recognized by national law. Dowry: the goods (and cash) brought into the marriage by the bride. Exchange marriage (also known as watta satta): Marriage between the brother and sister of one family and sister and brother of another family. Exchange marriages imply that the fate of one couple is tied to the fate of the other couple, so that if one couple divorces, the other couple automatically has to divorce even if they are happy together. Exchange marriages are often among relatives, compounding the associated problems. Forced marriage: Forced marriage occurs when at least one of the parties involved has not provided consent. The legal right to consent exists within Islam as well as civil law, although it is often not adhered to by families. Honor killing: Murder of a member of a family or social group by other members, due to the belief of the perpetrators that the victim has brought dishonor upon the family or community. The perceived dishonor is normally the result of one of the following behaviors or the suspicion of such behaviors such as wanting to terminate or prevent an arranged marriage or desiring to marry by own choice, engaging in sexual acts outside marriage, or a relationship perceived as inappropriate. They are usually directed against women and girls. Although illegal, the application of the law is weak so that crimes are often unreported or unpunished. Hudood Ordinances: a set of laws that were introduced by Presidential decree in 1979 under the then President General Zia Ul Haq intended to bring in conformity with the injunctions of Islam. The laws covered the offences of theft, rape and adultery, implementing an interpretation of Islamic law (Shariat law) that had not been applied in Pakistan for centuries. It criminalized sex outside of marriage with little distinction between rape and adultery. The testimony of four adult male witnesses became required to prove an allegation of rape and women who could not meet this standard could be prosecuted for extramarital sex. In 2006, The Women's Protection Act amended the Hudood Ordinances and removed the requirement of four male witnesses to the crime of rape. Rape was put under the Pakistan Penal Code, which is based on civil law rather than Islamic law and convictions can now to be made on the basis of forensic and circumstantial evidence. Adultery and non-marital consensual sex is still an offense and spurious charges of these acts are often used to punish women by husbands and families when they assert their rights. Women's rights advocates continue to demand total repeal of the law. Khula: Form of divorce available to a Muslim woman, generally on compensating the husband by returning the mehr. Mehr: The goods and/or cash given by the groom to the bride as a requisite of a valid Muslim marriage. It maybe given at the time of the marriage ceremony, promised at a later date or paid upon divorce or the death of the husband or divided into prompt and deferred portions. Muslim Family Law Ordinance (MFLO): Laws enacted in 1961 to make marital practices more transparent and accountable to the law and provide better protections for women entering into marriage. It established a minimum marriage age of 18 for males and 16 for females, penal sanctions for contracting child marriages, requires registration of marriage contracts and placed regulations on unilateral verbal divorce by repudiation (talag). The law also requires the consent of both male and female parties before a marriage can occur. The law failed to ban polygamy, but made it mandatory for a man seeking a second wife to get permission from an Arbitration Council and the consent of the existing wife. Nikahnama: Muslim marriage contract. The marriage contract contains several terms and conditions that are to be respected by the bride and groom. It specifies mehr, the monetary amount the groom will give the bride and other issues such as the terms of divorce. Shalwar kameez: National dress of Pakistan for both men and women consisting of a long, loose fitting tunic with very baggy trousers. The men's version consists of solid, colors and is almost always accompanied by a collar and buttons. The women's version almost never contains collar and buttons but is often embroidered. Qisas (retribution) and Diyat (compensation or "blood money").Laws implemented in 1990 that further incorporated Islamic law into Pakistan's of the criminal justice system. The law of Qisas and Diyat replaced sections of the Pakistan Penal Code (PPC) that cover offenses relating to physical injury, manslaughter and murder, making these crimes against the person rather than against the state. As such, the heirs of a victim of murder are entitled to pardon the murderer and accept financial compensation Talaq: A form of divorce that is unilateral divorce and initiated by the husband. Under traditional Islamic law a talaq divorce is deemed to have taken place when the husband pronounces three times 'I divorce thee' in the presence of witnesses. Under MFLO of 1961 limited reforms have also been introduced in relation to talaq whereby a divorcing husband must register a notice in writing to the chairman of the Union Council. The Council tries to bring about reconciliation, but if these attempts fail, a talaq that is not revoked in the meantime takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered. Many remote, rural areas remain outside of the reach of formal statutory law so that the law can be disregarded. Tribal court (also called jirga or panchayat): Parallel legal mechanisms found in rural and tribal areas. A council of elders from amongst a community appointed by the general consent of the community deliberate upon issues and base to decisions in line with the social, ethical and religious order of the community/society. These courts are technically illegal and their decisions not binding in the formal legal system if brought forward. Because of weak implementation of the rule of law these groups continue. Human rights groups have criticized their use of power, particularly in cases of violence against women. Zakat - One of the five pillars of Islam. It is a religious obligation that an individual has to donate a certain proportion of wealth each year to charitable causes. In Pakistan the zakat is collected in a centralized manner by the state and distributed through local zakat committees. Filomena M. Critelli is Assistant Professor at the School of Social Work, University at Buffalo where she teaches social policy and international social work. She has been conducting research on women in Pakistan since 2005.
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