INAUGURAL ADDRESS

PROTOCOL MEETING OF THE ASIA-PACIFIC ADVISORY FORUM FOR JUDICIAL EDUCATION ON EQUALITY ISSUES <!--[if gte mso 10]> PROTOCOL MEETING OF THE ASIA-PACIFIC ADVISORY FORUM FOR JUDICIAL EDUCATION ON EQUALITY ISSUES INAUGURAL ADDRESS By Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan Distinguished judges and lawyers from the SAARC Region, Canada and Fiji; Distinguished delegates; Ladies and gentlemen! I am honoured to have been invited to inaugurate the Protocol Meeting of the Asia-Pacific Advisory Forum for Judicial Education on Equality Issues. I understand, this Forum, formed some 10 years ago, has, remained active and contributed to the development of judicial education of judges and other professionals in the administration of justice. The Forum's focus is on the training and containing judicial education of judicial officers, magistrates, prosecutors and lawyers. It is a unique Forum wherein the very best of judicial minds in the SAARC Region and beyond, meet periodically to consider strategies for improving the capacity of legal and judicial practitioners to comprehend the law .and procedure and be able to decide cases and disputes, in time and most economical way. To do so, they have to learn more about the modern and newer techniques of trial, inquiry and investigation. They have to have fuller understanding of evolving jurisprudence and sensitivity to the peculiar issues and problems in the system of administration of justice. The Asia-Pacific Advisory Forum, therefore, offers a useful plateform for exchange of views and ideas and learning best practices from each other's jurisdiction. The issue before the Forum i.e. equality or in other words fairness and non-discriminant is important. Come to think of it, the primary goal of the legal system as well as judicial system is to offer equity and establish equality. Most of the complaints and grievances that come for determination before the judiciary relate to the denial of right to equality. It thus becomes the bounden duty of the judiciary to carefully sift through the peculiar facts of the case and the legal mozaic to find out and establish the principle of equality of treatment, of status and of opportunity. It is a delicate, exercise and has to be carried out meticulously. It can be carried out by a mind, which is free of discrimination, prejudice or bias. Such a thought has to be inculcated through a deliberate effort of continuing education and training. I am glad that the Asia-Pacific Advisory Forum is performing the task of thought transformation through research, analysis, debate and discussion. Speaking in very general terms, gender discrimination is prevalent all around. It exists in various forums, shapes and shades. There is hardly a country or society or community, which can claim immunity to' it. The magnitude of its prevalence, however, varies from place to place, culture to culture and society to society. Somewhere it is more pronounced, permeating through the nation's culture, laws and practices, whereas. elsewhere, it is present in a somewhat subtle form. But it does exist. Debate and. discussion coupled with research and analysis of issues help in identifying areas and factors of discrimination in the system, with a view to target it and reform the same. In justice system, the training module is an appropriate strategy to address the problem. I must take this opportunity to share with you the Islamic concept of gender mainstreaming and remind this august audience, how the women faced persecution of the worst form in the period predating arrival of Islam in Arabia. Women were treated no better than chattels. In other cultures also, they were not considered as human beings of equal status and rights. The Holy Qur'an ordained their equality, full and complete equality. They were made eligible to inherit, own and dispose of property and have a say in their marriage contract. Marriage was rendered a civil contract, pure and simple. In the Last Sermon, the Holy Prophet (peace be upon him) unequivocally declared that men have rights over women and women have rights over men. It was for the first time that women were given their due rights and provided a respectful place in society. The Constitution of Pakistan proclaims equality and non-discriminate on the basis of gender. It specifically mandates the State to take positive measures and affirmative action for women's rights and entitlements. The superior judiciary is striving to give effect to the dictates of the Constitution. Numerous judgments of the Supreme Court can be quoted in support of this ongoing endeavour. Defining violence against women as a violation of their rights and the consequent struggle to eliminate such violence has been one of the most important concerns of the human right activists and women's movement worldwide. Women's right to live in peace and without fear or violence is universally recognized. They are entitled to protection and safety. To get relief, they need to approach and avail the criminal justice system. Women, for the most part, do not access the judicial system, acid when they do, they often complaint of gender insensitivity on the part of the system. They find that legal provisions, practice sand procedures operate in a discriminatory way against them. They discover that the custodians of law are at times biased in handling their complaints. Among the main causes underscoring this are: * discrimination enshrined in the legal, and institutional provisions, procedures, rules and practices; * a lack of legal knowledge and rights sensitivity on the part of the enforcement agency personnel; * inadequate accountability mechanisms for public officials; * a lack of strong partnerships between enforcement agencies and civil society to enhance the efficacy of the enforcement; and * the lack of absence of vigilant and socially conscious/responsible communities that monitor violations in their communities, undertake sustainable local initiatives to combat it and ensure the development of effective mechanisms that hold public officials to account. I am glad that various human rights activists and organizations are already operating in the field. The Supreme Court of Pakistan is sparing no effort in providing relief to the female section of society which obviously is vulnerable to abuse and violation of their rights. Some people might think that what an individual or organization can do in the face of ever rising challenges, but I strongly feel that with consistent efforts, we can make a difference. What we are doing in the Supreme Court is providing a tactical and immediate relief to women victims but the message goes to the wider society. It also warns the would-be offenders and some fear is instilled in the mind of the personnel of law enforcing agencies and other perpetrators of crime against women. I hope that the present Conference will go a long way in evolving a strategic plan for guaranteeing the women rights in all aspects of our society. I do hope that following aspects are kept in view while making any proposals and work plan; * Highlight the issue of violence against women on national, regional and international political agendas; * Try to evaluate the overall socio-political and legal situation obtaining in the country and keep a balance between reactive assistance to survivors and preventive measures for greater impact and sustainability; * Mainstream anti violence interventions into national and local plans, policies and programmes in an integrated multi-sectoral manner. To elaborate, economic empowerment interventions contributes to women's independence and enable them to break out of violent situations. Social altitudes to women need to be transformed to combat violence. Addressing the issue therefore involves a whole gamut of Government ministries, sectors, departments, with appropriate inter ministerial mechanisms to implement and monitor anti-violence polices and programmes; * Proper research be conducted and lessons learned from various studies must be integrated into regional, national and local, policies and programmes that facilitate replication within and across countries; and * Pay greater attention to addressing male resistance, especially when it is legitimized in the name of misconceived religious nations or so-called local traditions and culture. * More specifically for the personnel in the law enforcement agencies and criminal justice system, we need to: * integrate and introduce gender and rights perspectives into the plans, policies, programmes of Government ministries and departments with an emphasis on violence against women; * introduce the gender and rights concerns, into the curriculum of training institutions for judicial officers prosecutors and police, for greater reach and impact; * the Bar Councils should institutionalize gender and rights trainings and refresher courses for their members; * education curricula and trainings must facilitate an understanding of social issues from the point of view of the victim and a treatment of survivors of violence in accordance with international human rights, principles and standards; * develop gender and rights sensitive work procedures and practices in these institutions, bring in affirmative action measures, incorporate gender and rights responsiveness as a criteria for performance evaluations and promotions etc, * build into legislation and take other measures to enhance the efficacy of legal enforcement such as: (a) promoting legal literacy, especially among vulnerable communities, and improving access to affordable legal assistance; (b) establishing hotlines and effective information networking systems; (c) promoting civil society participation in formulating, enforcing, monitoring legislation and the provision of related services in a manner that caters to the needs of survivors of violence; (d) establishing institutional mechanisms to ensure accountability, that include civil society participation; In the end Ladies and Gentlemen, I must say that Rome was not built in one day. Women empowerment and gender rights security is a big challenge which needs consistent and patient efforts by all stakeholders over a prolonged period of time. With present level of media driven awareness, the day is not far when womenfolk of the world and especially this part of the region will be breathing in a more friendly and conducive environment than today. Thank you very much. Pakistan Paindabad. ***