Daily Times

KARACHI: Speakers at a consultation on rule of law said that electoral and economic reforms were crucial for effective rule of law in the country.

They were speaking at the provincial consultative conference on “Rule of Law: Access to justice and citizen inclusion”, organised by Sindh Agriculture and Forestry Workers Coordinating Organisation (SAFWCO) in collaboration with Oxfam GB, an aid, development and campaigning charity. The session was organised at a local hotel on Thursday.

Pakistan Institute of Labour Education and Research (PILER) Executive Director Karamat Ali said that the lawmakers and those responsible for the implementation of laws often considered themselves above the law. “They often violate the law they make themselves and that is why laws are formed but not implemented properly. Consequently, there is chaos and citizens face hardships,” he said.

Speaking regarding the right to association, Karamat Ali pointed out that the right to form trade unions was included in fundamental rights under the constitution. “And yet, out of the millions of workers associated with both the formal and informal sectors, only one percent are registered with trade unions,” he said. Karamat Ali recalled the past when 60 percent of the government departments, including police, had formed unions.”The purpose of unionisation is to ensure that workers live a decent life,” he added.

Criticising the lawmakers, Karamat Ali said that most of the parliamentarians belonged to the landed elite and they were forming laws for their self-interest. He pointed out that peasants working in the agriculture sector were facing hardships and their rights were being violated despite the presence of relevant legislation. Karamat Ali said that police could play a major role in rule of law as all cases came to them first and then moved to the courts.

Justice Ali Aslam Jaeffri of Sindh Judicial Academy (SJA) said that it was important for lawmakers to keep the cultural context and social fabric in mind while devising laws. “People tend to accept only those laws which address their issues,” he said. “We have seen how many ordinances were made but not implemented properly. People simply ignored them,” he added. He said that laws were made to regulate the society and make the people realise their rights and responsibilities. “But we can witness how people deprive even their kin of their due rights,” he said and added that it was up to the lawmakers to form legislation that addressed issues of common interest.

Sindh Minister for Women Development Shehla Reza said that parents should have access to police if they wanted to register a first information report (FIR) against their missing loved ones but they were being denied by the police. She also urged police officials to assist women who came to police stations to lodge their complaints and treat them with respect. She further said that women in both rural and urban areas received similar treatment from men at a domestic level. She advised the police officials to resolve minor household disputes by bringing women’s husbands to police stations and counselling them.

Karachi South Deputy Inspector General (DIG) Javed Alam Odho also spoke about the role of criminal justice system in dispensing justice to vulnerable segments of the society. The DIG proposed the introduction of alternate dispute resolution (ADR) mechanism as an institution. “ADR, if institutionalised, can help resolve 80 percent of issues police stations receive,” he said. Odho remarked that the police was overburdened because its role had expanded to incorporate tasks such as conducting elections, guarding public meetings, settling water distribution disputes etc.

Ms Navin Merchant, a prominent lawyer and consultant said, “we have failed establishing mediation centres and consequently, the courts are overburdened.” “Influx of cases is larger than the capacity of courts to discharge them,” she added. She said that the structure of mediation should be strengthened, “presently mediators are not trained and skilled to resolve the matter within disputing parties.” She also talked about mediation framework in which lawyers took parties to mediation centre to resettle dispute. “Right now, in most of the cases parties feel uncomfortable to move to mediationcenters due to various reasons,” she pointed out.

Dr Sono Khangharani, human rights activist from Thar talked about the laws for marginalised communities locally called untouchable or Dalit. He said that their rights had been guaranteed in the speeches of founder of Pakistan, Mohammad Ali Jinnah. He said that during the partition of the sub-continent mostly upper class Hindus had migrated to India but Dalit tribes had decided to stay in Pakistan, believing there will be no discrimination against them. “However, these Dalit people in Pakistan are widely discriminated against even though their rights were guaranteed in the Constitution,” he said. “Many people feel excluded and do not have access to justice. Many people have been forced to convert their religion and Dalit women are abducted and then converted. The fear of forced conversion still haunts Dalit population and they have no access to justice. When they see no way out some of them commit suicide. In recent days suicide cases are being reported in lower part of the Sindh province districts,” he explained.

Malik Tahir Iqbal of Legal Rights Forum suggested that a legal authority be formed in Pakistan, as in many other countries. “This authority can work to implement the rule of law in Pakistan,” he suggested. He recommended that Sindh Bar Council should be strengthened with fund to ensure provision of justice.

Asma Kiran of Oxfam GB, SAFWCO chief executive officer (CEO) Sarwan Baloch, Aijaz Ali Khonharo from Sindh Agriculture University Tandojam,advocate Maliha Zia and advocateTameezuddin Khero also spoke on the occasion. The session was moderated by Iqbal Detho, a human rights activist. The event attracted police officials, lawyers, trade unionists, civil society, community and human rights activists, hailing from the city and other districts of the province.

Concluding the event, a student group called ‘Kiran’ were introduced. These change makers from Sanghar district had played a vital role to spread awareness in order to stop early marriages.

SAFWCO is implementing a five-year project titled “improved access to fair, legitimate and effective justice in Pakistan” supported by Oxfam GB in target districts Hyderabad, Sanghar and Khairpur.

Published in Daily Times, October 26^th 2018.