GENDER JUSTICE THROUGH MUSALIHAT ANJUMAN GJTMA PROJECT

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• GENDER JUSTICE THROUGH MUSALIHAT ANJUMAN (GJTMA)
  PROJECT
• Draft Rules of Business for Constitution and
  Functioning of Musalihat Anjumans
• Presentation by
• Justice (R). Nasira Iqbal
• 26th November, 2005

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Gender Justice Project

• Women and vulnerable sections of society rarely
  have access to the formal justice system due to
• Lack of awareness of its complicated processes.
• Inability to understand documentation,
• Lack of financial means and distance of courts.
• Many women suffer injustice and abuse in silence.
• For fear of ostracisation, inability to be heard,
  family disapproval.
• False notions of honour and shame.

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Obstacles
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Gender Justice Through Musalihat Anjuman (GJTMA)
Project

• Seeks to assist women and disadvantaged persons
  in improving their conditions through
  safeguarding and promoting their rights and
  lawful entitlements.
• The Musalihat Anjuman provides women the
  opportunity to take their case to a locally based
  body that respects and understands their concerns
  and helps to resolve disputes in a
  non-discriminatory, simple and clear manner.

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Assignment

• Preparation of detailed Rules of Business for
  Constitution and Functioning of Musalihat Anjuman
  along with Protocols for MAs.
• Which give due consideration to gender issues.
• Consultation with NRB, Provincial stakeholders
  and attended district level workshops / seminars
  and meetings at Karachi, Lahore, Hub-Balochistan
  Peshawar in order to incorporate their
  suggestions in the RoBs prepared by her.
• Consultant has also gone through a number of
  reports of workshops conducted in the pilot
  districts as well as ADR literature and
  precedents.

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Rationale Behind Two Sets Of RulesAfter
deliberation, consultant has prepared two sets of
rules for the following reasons

• Ordinance is inadequate or ambiguous about
  certain matters
• 1. Role Constitution of Insaaf Committees is
  uncertain
• 2. Constitution of MA takes 70 days in present
  dispensation
• 3. No provision for female members of Musalihat
  Anjuman
• 4. No continuity of Musalihat Anjuman in the
  event of dissolution of UCs.
• 5. Disputes between individuals limits the scope
  of MAs.
• 6. Disputes under Muslim Family Laws Ordinance,
  1961 and cases referable under Conciliation
  Courts Ordinance 1961 (CCO) have not been covered
  by the Ordinance.

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Why Rules under the Existing Ordinance ?

• Local Government Ordinance has been in force
  since 2001 but MAs have not been constituted so
  far.
• Increasing gender violence and consequential
  lawlessness raises immediate need for Musalihat
  Anjuman (MA).
• Chapter XI of LGO is devoted to MAs. Only Rules
  are required to make MAs functional.
• Amendments in the Ordinance are time consuming.
• Most UCs have already assumed offices under the
  existing Ordinance
• Pilot districts need to constitute MAs
  immediately
• Their experience can suggest practical amendments
  in the Ordinance RoBs
• Therefore first set of rules has been prepared
  within the Ordinance for immediate notification
  operation

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A Walk Through the Rules

• Interpretation Clause
• Definitions added to clarify terms used
• Formation of Musalihat Anjuman
• Three-member Insaaf Committee which includes a
  woman selects three-member Musalihat Anjuman
  including one woman
• Qualifications of Musaleheen
• Publicly known to be persons of integrity having
  good judgment
• Command respect and are preferably able to read
  and write.
• The Musaleheen will be selected from a list
  compiled by Insaaf Committee after inviting
  recommendations from the residents of the Union.
  The Musaleheen shall elect one member from
  amongst themselves as Convener.
• Insaaf Committee can replace any Musleh found to
  be corrupt / biased.

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A Walk Through the Rules

• Disputes which may be brought to the Musalihat
  Anjuman-
• Domestic violence
• Matrimonial and property disputes
• Child abuse, vagrancy and compelling children,
  females and disabled persons to beg
• Exclusion of  females from inheritance
• Marriage to Quran,
• Watta Satta (exchange marriage),
• Walwar, Swara (giving women in marriage to settle
  disputes)
• Zhagh (asserting ownership over women of the
  enemy tribe)
• Forced marriage
• Human trafficking
• Forced labour
• Public insult, assault and degradation of females
• Related matters.

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A Walk Through the Rules

• Offences which cannot be dealt with through
  Musalihat Anjuman
• Serious human rights violations
• Grave criminal offences which are not
  compoundable
• Offences under Hudood Laws and offences involving
  public policy.
• However, Musalihat Anjuman can act as
• Preemptor
• Catalyst
• Facilitator in assisting registration of FIRs if
  warranted/ cases in such matters.

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A Walk Through the Rules

• Process of Dispute Resolution
• Any person may apply verbally or in writing to
  MA.
• MA can take suo moto notice of gender
  violence/child abuse in union.
• Settlement proceedings at a public place
• MA calls the parties and explains how dispute can
  be resolved amicably with its assistance.
• Parties agree to be bound by settlement of MA.
• MA announces settlement and time frame for
  implementation.
• Where parties dont implement settlement MA can
  facilitate FIR registration (in Criminal matters)
  or suit before the Court (In Civil matters).
• MA maintains register and sends copies of dispute
  settlement to Union Nazim, Police and Court.

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Advantages of Going to MA

• Gender Balanced MA available in every union.
• Disputants can approach verbally or in writing.
• No fee is charged.
• Procedures are informal, intimate and
  confidential.
• Conducted in local language.
• Where dispute between residents of two Unions,
  MAs of both Unions will form panel.
• Where female is a party, matter will be resolved
  in Union where she ordinarily resides.
• Where MA cannot resolve dispute, it will
  facilitate FIR or Court case.

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Special Provisions

• Musaleheen are paid Government fixed honorarium
  for every case settled by them.
• The Insaaf Committees, Union Councils, CSOs, Bar
  Associations Police help them in capacity
  building.
• Musaleheen are not held liable for acts done in
  good faith, nor can they be summoned in court to
  testify re Musalihat proceedings.

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Proposed Amendments in the Ordinance

• Section 80(d) Union Nazim shall constitute and
  notify Musalihat Anjuman
• S. 88(n) Union council shall elect five-member
  Insaaf Committee with two women within one week
  of assumption of office.
• S. 102 Five Musaleheen including two women
  selected in prescribed manner. Removal in
  prescribed Manner. They elect Chairperson.
• The MA shall continue to function till its
  successor assumes office.
• S. 103 Disputes include cases referable to a
  Conciliation Court under Conciliation Courts
  Ordinance 1961 (CCO) and disputes under MFLO
  1961.
• S. 105 In individual cases, parties may request
  for a person or persons who meet the
  qualifications of Musaleheen.
• S. 106 No legal practitioner .unless party is
  a legal practitioner.
• Report of the Musaleheen to be forwarded by
  Chairperson of MA to Nazim and all other
  authorities required by the rules.

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Formation of Musalihat Anjuman

• Selection of Musleh
• Insaaf Committee selects within three weeks,
  five-member Musalihat Anjuman including two
  women.
• Removal of Musleh
• The Union Nazim refers complaints to court who
  removes after fair hearing.
• Musalihat Anjuman Continues to function till its
  successor Anjuman constituted.

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Training of Musaleheen

• Gender Justice Project should arrange preliminary
  training sessions for Musaleheen.
• Training manuals in local language to be
  prepared.
• Training should focus on ADR mechanisms and
  techniques of conciliation
• Training should also include understanding of
  relevant laws, especially Muslim Family Laws
  Ordinance 1961, Conciliation Court Ordinance 1961
  and Family Courts Act. 1964, laws relating to
  land, property, contract, arbitration, revenue,
  human rights etc

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Monitoring of Musalihat Anjumans

• With a view to ensuring the transparency,
  accountability and efficiency of Musaleheen,
  Musalihat Anjumans are to be placed under a
  system of supervision, monitoring and evaluation
  under the Insaaf Committees and the Union Nazims.
  The District Administrations and/or Insaaf
  Committees should also set up monitoring and
  evaluation cells. The cells should operate at
  two specific levels
• Monitoring through random sample review of
  Musaleheen and Musalihat Anjumans monthly
  activity reports.
• Specific monitoring and evaluation of MAs
  recognized as requiring additional support and
  assistance. The monitoring cell is required to
  send quarterly report to the Project management
  on the performance of the Musalihat Anjumans for
  further action.

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Typical Disputes at Local Level Which can be
resolved by Musalihat Anjuman

• In a Similar ADR Project women disputants
  approached conciliators for assistance to resolve
  conflicts of which
• 45 were about dowry.
• 35 were about family matters such as marriage
  and divorce, household maintenance or spousal
  disagreement and second marriage of husbands.
• 10 dealt with minor assault.
• 4 revolved around land ownership and rights
  claims
• 3 involved disputes over finances.
• 3 focused on community-level disputes.
• These are all family, land, business and petty
  criminal disputes.
• Focus of training and monitoring should be for
  resolving such disputes.

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Where do we go from here?

• The project members have approved the proposed
  rules. They are now being finally shared with NSC
  for approval.
• Notification in each province for the
  constitution of Musalihat Anjuman
• Working of MAs closely monitored by Insaaf
  Committees, UCs Provincial Project Members to
  ensure smooth working and detecting problems.
• Report submitted to GJTMA for consideration
• Amendments to LGO and the rules to be considered
  after scrutiny of the report.

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