Daily Times

In NA-10 Shangla, Khyber Pakhtunkhwa and NA-48 North Waziristan, women voters’ turn-out was less than 10 percent for the July 25 General Elections. Consequently, the results of these two constituencies were declared null and void in accordance with the Elections Act 2017. In Shangla, during the re-poll in September, women’s turn-out was over 10 percent, and the election result was notified.

The key lesson here is that when the state takes action for affirmative action for the rights of women and other vulnerable groups, it has the potential to lead to tangible results. There has been a flurry of pro-women legislation in Pakistan for the past few years. Though most of these new laws need a better implementation strategy to achieve the desired results; change is possible, at least in the case of easy to implement measures such as making sure that at least 10 percent of women voters come out to vote. Though women’s ability to vote is not necessarily going to lead to transformative change in other aspects of their lives, it still gives them an opportunity to exercise their right to choose their political representatives.

Due to the Elections Act 2017, for the first time in Pakistani history we have the gender-disaggregated breakdown of election results. Knowing the numbers may not in itself bring out much change. However, it is a precursor to a process that can lead to change. With the gender-disaggregated breakdown, the analysis did show, as appeared in the press, that even in some urban areas, women voters’ turnout was low. Even I, an urban woman, could not vote in the recent elections. Yet, I was under no compulsion not to vote or otherwise. Gender-disaggregated breakdown can lead to analysis of causes of low women turnout and help in the formulation of policies to redress the situation.

Women’s political participation is one of the areas of effective policy intervention. There are many other fronts where the state’s intervention is needed, from law making to policy implementation. However, the key lesson is the same applicable to all arenas of women’s empowerment. The state needs to act, increase its formal control, institute its legal writ and implement its laws without discrimination and prejudice equally for all its citizens.

Some would argue that the 10 percent requirement set by the Election Act 2017, is too low a target. Women are roughly half of the population, so the bar should be higher

The state’s relationship with citizens works both at de jure and de facto levels. As per the social science literature, the legal relationship with the state is also mediated through a complex patron-client relationship, and the state is ceding from its formal arena. Therefore, there is need to strengthen the state and work towards facilitation of state’s jurisdiction over the arenas where informality has taken root.

The reason why the formal and legal space sanctioned by the Constitution needs to be reaffirmed is because the state’s writ is the only modus operandi that can sanction institutionalisation of equal opportunities for all citizens and provide a level-playing field. It the state cedes the space, the informalisation is going to work according to the dictates of money and influence, denying the much-needed equality of opportunity to the marginalised sections of society.

Despite issues concerning access to the state services for common citizens; the very fact that the state has responsibility to provide those services translates into citizens’ rights and entitlements. The elite and the middle class can access state services much more easily. However, even the poor have the inalienable right to access them. It makes the state liable to act on the behalf of all citizens.

Similarly, when the state makes a law to facilitate women’s political representation, economic empowerment, and cultural affirmation in a way that best serves their interests; the state becomes liable to implement those rights and entitlements that have been created as a result of pro-women legislation. The state can be held accountable for lack of implementation. Therefore, there is a need to take women and other marginalised section’s rights and entitlements from the informal private area to the formal arena.

The Shangla by-election example explains this better than any other. The contesting candidates needed to mobilise women to vote in order to secure their win in Shangla. Within a few weeks of the July 25 elections, they were able to make sure that over 10 percent of women turned out to vote. Some would argue that 10 percent is too low a target. Women are roughly half of the population, so the bar should be higher. However, at least a beginning has been made in Shangla and before that in a by-election before the General Elections. We need to celebrate it and work towards the way to affirm women’s empowerment in the formal legal space sanctioned by the Constitution.

The writer works in the development sector in Islamabad

Published in Daily Times, September 26^th 2018.