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ABOUT THE PROJECT
BACK GROUND
Gender violence of physical, psychological and/or sexual abuse suffered by women, is a serious problem in all societies. According to social audit, conducted by Ministry of Women Development and UNDP, and reports of different international agencies on the plight of women, the situation requires drastic and effective steps to provide gender justice in Pakistan. Based on empirical studies and findings of these reports, the subsequent consultative process recommended providing women victims of violence and other vulnerable segments of society an alternative mechanism whereby they can obtain justice for their disputes. It was also considered that the institutional safeguards offered by the formal justice sector institutions have not been able to deliver completely due to the over burdening and weak implementation mechanisms. Therefore the importance of Alternate Dispute Resolution (ADR) increases manifold.
PROJECT GOAL
“To assist women and other vulnerable sections of society in improving their conditions through safeguarding and promoting their rights and lawful entitlements.”
PROJECT SCOPE
Gender Justice through Musalihat Anjuman Project (GJTMAP) envisages a comprehensive strategy for operationalizing an ADR framework for curbing gender violence through formation, strengthening and capacity building of Musalihat Anjumans in selected districts in the country as provided for under sections 102 to 106 of the Local Government Ordinance (LGO) 2001.
MUSALIHAT ANJUMAN PROCEDURE
Musalihat Anjuman (MA) is a community-based informal, inexpensive and effective means towards dispensing justice to victims of gender violence and other vulnerable groups and in resolving their disputes amicably. It comprises of a panel of three Musaleheen, including a women, notified at each Union Council level after nomination from Insaaf Committee. These MAs are constituted to resolve issues through mediation, arbitration or reconciliation. Anyone can approach Musalihat Anjuman of his/her own Union Council regarding any of the issues given below, and other related matters. Cases to Musalihat Anjuman can also be referred through courts, elected representatives, police and any other government or non-government organizations.
MUSAEHEEN
Musaleheen means a panel of impartial persons whose role in Musalehat Anjuman is to assist and encourage parties in a disputer to: identify their issues, minimize misunderstandings, explore areas of compromise and generate options in an attempt to resolve the dispute amicably. They also attempt to ensure proper communication of the views of the parties to each other, assess risks and encourage voluntary dispute resolution. All the cases coming to Musalihat Anjumans are properly documented and shared with stakeholders, including relevant police stations. These resolutions given by Musaleheen should be accepted and validated by both parties.
NATURE OF DISPUTES FOR MUSALIHAT ANJUMAN
The Musalihat Anjumans can cover various different disputes related to gender justice. Some of these disputes are listed below:
- Domestic violence;
- Matrimonial disputes;
- Child abuse and vagrancy;
- Females and disabled persons forced to beg/forced beggary;
- Exclusion of females from inheritance;
- Marriage to Quran, Watta Satta (exchange marriages), Walwar, Swara, Wani (giving women in marriage to settle dispute);
- Zhagh (asserting ownership over women of the enemy tribe);
- Forced marriages and human trafficking;
- Forced labor;
- Public insult, assault and degradation of females;
- Sexual harassment;
- Dowry disputes arising after divorce;
- Disputes relating to water courses;
- Petty financial dispute, etc.
BENEFITS OF MUSALIHAT ANJUMAN
There are numerous benefits of Musalihat Anjumans:
- Equity and easy access to justice for disputants at community level
- Means towards curbing gender based violence and its repetition due to a controlled community setting
- Reduced case load on police/courts, etc.
- Quick/swift decision making/dispensation of justice
- No expenses compared to formal judicial system
- Less formalities
- Greater transparency; rules of evidence allow for community interaction and questioning evidence
- Greater acceptability/peer pressure
- Greater respect for cultural/linguistic diversity
- Sense of inclusion in society
- ADR practical/accepted in the existing cultural and social structure
- Improved community harmony, social justice and poverty reduction
- Proper documentation and referral system.
SELECTED DISTRICTS:
List of existing district and new district for up scaling is as follow:
| PROVINCES |
INITIAL PILOT DISTRICTS
(2005-2006) |
ADDITIONAL DISTRICTS FOR UP-SCALING (2007-2011) |
Balochistan |
Lasbela
Quetta |
Gawadar
Loralai
Ziarat |
NWFP |
Abbotabad
D.I.Khan |
Kohat
Mardan
Nowshera |
Punjab |
Attock
Bahawalpur |
Jehlum
Mianwali
Multan |
Sindh |
Dadu
Shikarpur |
Jacobabad
Sanghar
Nawabshah |
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