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ABSTRACT

The issue of women's political representation has gained prominence in the modern age. As a
result, numerous nations concentrated on increasing the involvement of women in politics
overall. A small number of nations included the quota system into their election procedures,
while others created laws and regulations addressing this issue. In the specific instance of
Pakistan, consistently exhibited a laid-back and forgiving demeanor towards matters pertaining
to women.
Women's empowerment remained reliant on the kind of government, the priorities set by the
leaders, and their interests. Democratic policy-making has not embraced the advancement and
empowerment of women. Only 12 provisions of the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW), which Pakistan signed on February 6, 1996, are
discussed in this assignment paper. These clauses have a direct bearing on Pakistan's social,
cultural, and political aspects. Pakistan became a member of CEDAW as a consequence of
pressure from organizations that support women, a few social issues, and governmental
organizations that recognized Pakistani women needed to advance. Supporting the member
nations in implementing gender equality in their communities is the primary goal of this treaty.
The member states of this convention must establish a system to fight gender discrimination in
all its manifestations by means of administrative, legislative, and constitutional changes.

Keywords: Discrimination, Gender, Leadership, Participation, Women, Equality

1. Introduction

In many parts of the world women are not considered equal in getting rights and status. Women
are deprived because they possess limited access and control over resources and services. Culture
and social pattern of Pakistani society is diverse. Out of total population of Pakistan, women
represent almost 48% but consider a minority segment because of male dominancy and gender
biased policies. In such type of society women cannot exercise their skills and capabilities
independently hence their potentials and abilities remain suppressed. A major challenge for
women is to gain means for their empowerment. One way through which they can avail the
opportunities which are provided by national, international and civil society organizations to
their uplift by influencing policies. It is essential that a society which claims to be democratic,
just, progressive and representative, must have to ensure the women participation in decision
making towards policies formulation. Being important part of society women possess right to
participate in civil society, be elected in governmental machinery, vote in elections, serve on key
decision-making positions and make their voices include in decisions which will ultimately
influence them, their communities and their families.

In addition, country considers that democracy, inclusion and equal involvement of all people
becomes essential for good and democratic governance that is essential to viable improvement
and development. So far number of women considerably takes part as civil society activities,
corporate leaders, political party leaders, legislators and ministers. In spite of this progress, there
is still a huge gap in achieving gender inclusiveness and parity in political field. Though different
international conventions and agreements, regional strategic frameworks and domestic laws
recognize rights of women to lead and involve in politics as a measure of democratic integrity,
but actually there is a widespread absence of women in political and decision-making bodies
persists.

1.1 Position of Women in Society

In Pakistani society there are several deep-rooted challenges and issues that create hindrances in
attaining rights to women. The social position of women is vulnerable due to various mal
practices as gender-based violence, restrictions for mobility of women, exclusion of women from
decision making and unnecessary male dominancy. All these prevailing practices create hurdles
and cripple down women politically, socially and economically. In our society the discrimination
against women deprive them from their basic and fundamental rights. Hence the women are not
empowered due to considerable disparity against them specifically in remote areas of Pakistan.
As per Global Gender Gap Report 2020 Pakistan ranks at 153 out of total 155 countries. In
previous years, the situation of women was much worse but in this decade their position gets
improved due to several initiatives by state and international communities. According to World
Economic Forum (WEF) report, the ranking of Pakistan moved forward in comparison to
previous rankings as from 112 in 2006 to 151 in 2020 but still needs much work to do. Currently
Pakistan ranks at 151 out of 153 countries in the world as per Global Gender Gap Index report.
According to scorecard of Global Gender Gap Index report 2020, following table categorically
depicts the position of women place out of 153 countries,

Table 1: Global Gender Gap Index

Category Rankings
Economic participation and opportunity 150
Educational achievement 143
Health and survival 149
Political empowerment 93

1.2. Constitutional Provisions and International Commitments

Comprehensive legislative and policy foundations are the first step toward gender equality and
gender parity (UNDP 2014:18). Constitutional history of Pakistan reflects the reserved seats for
women participation in parliament of different elections as below; The Constitution of Pakistan
affirms the protection of women rights through national legislation. Pakistani constitution
guarantees the equal status to women and ensures their political rights including contesting
election and casting vote. As per article 25 of the constitution “All citizens are equal before law
and are entitled to equal protection of law and there shall be no discrimination on the basis of sex
alone”. Article 27 of the constitution ensures the equal status in employment and describes “No
citizen otherwise qualified for employment in the services of Pakistan shall be discriminated
based on race, sex, cast or religion”. Article 32 and 34 guarantees the women participation on
equal basis in all respects of life. Fundamental rights in Pakistan can be contested for in the high
court with the Supreme Court with appellate jurisdictions. But on real grounds, gender
discrimination against women and political marginalization continue to be the norm. The
political structure of Pakistan has experienced extensive violence against women. In spite of
constitutional provisions least practical efforts practiced to uplift the participation of women in
policy framework. The constitutional history of Pakistan reflects the women participation in
decision making of national sphere through provision of reserved seats. But this reservation of
seats for women remained limited from 5 to 10% only till 1999, the devolution plan of 2000
increased women participation up to 33%. The constitution of Pakistan provides the equality of
women and men before law. It implies the equal right and reward for work. Hence women
possess equal right in decision making with men in machinery of state. But practically there is
huge gap between practice and theory. The reality is that there are a lot of problems confronts
people and the state is considered as problem solving machinery, whereas public policy is
regarded as planned decisions to respond the societal problems. The state of Pakistan could not
accede to imperatives of equality in gender perspective and political participation of women.

The Pakistani state has authoritatively allocates the resources of country, deemed that men
constitute the power of state and the position of women relegate through practices of state. Apart
from the constitutional provision, state of Pakistan also endorsed the international agreements for
women empowerment such as the Millennium Development Goals (MDGs), Strategic
Development Goals (SDGs) and Convention on the Elimination of all forms of Discrimination
against Women (CEDAW). However, there are still widespread practices that discriminate the
participation of women in decision-making processes.

1.3 Framework for Gender Equality

Although the Constitution guarantees dignity, equality and freedom among citizens but its
practical application has not been seen. Gender disparities in governance system with respect to
women deprive them for involvement in decision making. Due to socio cultural norms the
equality right of women always remain denial. The Ministry of Women Development prepared
Nation Plan of Action considering the Beijing Platform of Action and CEDAW for the
development and empowerment of women at policy level. As per plan the actions were prepared
for improving the condition of women in decision making at all levels. To empower the women
number of legislative actions taken by state machinery to eliminate the discrimination against
women like, Anti-Women Prevention Act of 2011, Bill of prevention for Acid Crime 2011, Bill
for protection of women at workplace 2010 and Act of Criminal Law 2010. Number of laws and
constitutional provisions are there for the equal treatment of women but several discriminatory
laws exist that deny women participation in decision making or policy spectrum. For instance, on
reserve seats the women are view as proxy representation and passive vote bank hence they are
denied to access to organizational resources and information that crumple their involvement in
policy making and governance.

Figure 2: Historical View of Women Empowerment

1.4 Convention on the Elimination of all forms of Discrimination Against

CEDAW is different from other conventions/declarations of human rights because these define
discrimination as discrimination against women while CEDAW signifies the measures for
addressing discrimination against women. This convention is the form of norm at international
level “Sex based nondiscrimination” The women’s convention adopted on Dec 19, 1979 by
General Assembly of United Nations (UN) and came into force on Sep 3, 1981. Currently it
consists of 165 accessions and ratifications. The main objective of women’s convention is to
remove the structural hurdles in a country. As per convention each member state has sovereign
right to take contextualized measures gender equality in economic, political and cultural sphere.
In our country constitution preserves the ideology of equality. Constitution of Pakistan article 25
indicates that all people of country are equally entitled to law without discrimination on basis of
sex. However, the Pakistani constitution lacks the definition of discrimination towards women.

1.5 Articles of CEDAW and Situation of Pakistan

Effort made to explore the societal treatment of women in perspective of CEDAW. As per the
definition of discrimination and equality in Article 1, the prevailing situation of Pakistan
indicates the inequality and discrimination in application of fundamental freedom and human
rights in economic, social and political sphere of life. As per the Inquiry Commission reports for
Women (1997), there is substantial differentiation between women and men in Pakistani society
due to diverse reasons like cultural practices, negative social biases, poor policies and plans,
biased legislation and budget allocations. Women’s participation at decision making level is
inappropriate as currently there is no female judge in Supreme Court of Pakistan. Apart from the
aforesaid, in Pakistani society the controversy exists regarding the interpretation of Islam with
respect to human rights. The Quran clearly spells out the fundamental rights of individuals and
these rights were granted for both women and men many of centuries before the Universal
Declaration of Human Rights.

Traditionally, women suffered because of oppressive measures and faced denial for equal
rights in Pakistani society. The restrictions on women curtail hurdles in access to opportunities in
all sphere of life. Women are the neglected group of culturally and socially malpractices of
society. Most of the women involve in agriculture field but they don’t receive wages for their
work because their labor is not documented. As a result, women bear dual burden of labor at
workplace as well as at home
 As per Article 2 of CEDAW, the state members condemn all forms of discrimination and
shall take concrete steps and actions to eliminate the discrimination against women. This article
further envisions for the establishment of legal sanctions through public institutions and
mechanism to abolish all policies and laws that creates differences against women. According to
Pakistan’s constitution 1973, Article 25 (2) narrates that all the citizens are equal to law and
there shall be no discrimination on basis of sex alone. Here the word “alone” states that there is
cushion for discrimination but not exclusively based on sex. Hence such unclear and vague
fashion leave the space open for the discrimination-based legislation. Article 35 of Pakistan’s
constitution indicates that actions will be in use to ensure the full participation of women in all
walks of national life. On the other hand, at federal government level only 5.4 percent employees
are women and in public services at higher levels their representation is considerably negligible.

 According to Article 3 of CEDAW, fundamentally women are equal in all sphere of life
hence public machinery shall take all practical actions and measures to ensure that they
can enjoy fundamental freedom and basic human rights.

 Article 4 of CEDAW refers that state machinery design policies and measures to
accelerate the equality for women and take affirmative action to remove the inequalities
on biological differences. Pakistan being member of CEDAW placed the quota system in
public institutions to eliminate the inequalities basis on gender. As per Pakistan
constitution 1973, Article 51, recommends the reserved seats for women to promote their
participation at provincial and national level.

 As per Article 5 & 14 of CEDAW, governments shall take all appropriate actions and
measures to remove the discriminatory customary practices against women including of
rural areas women. It emphasizes the family education including proper understanding
regarding maternity and vice versa. In our society the cultural practices exist in deep
roots consequently these practices deprive the women for their basic rights of freedom,
dignity and even of life. To restrain the harmful customary practices government passed
law as” The Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011
and Acid Crime Prevention Bill 2010”.
 CEDAW Article 6 refers that state needs to formulate appropriate legislation to restrain
all type of exploitation and trafficking of women. As per report of Human Rights
Commission of Pakistan women are being bartered and sold by families for economic
perspectives. Consequently, this culture deprives women from their social rights
undignified them in the society. Pakistan constitution caters the laws for prohibiting all
forms of slavery, human trafficking and forced labor but due to the non-enforcement of
these laws the above-mentioned discrimination of women prevails in the society.

 Article 7 & 15 of CEDAW states the women rights to vote, participation in designing and
implementing the governmental policies. This also includes participation of women at all
level of public life. Government established Human Rights Cell under Supreme Court of
Pakistan to ensure the implementation of pro women legislation. Harassment at
Workplace Act 2010, passed by government to provide protection women at their
working place. In Pakistani context women representation in public offices is at marginal
level as compared to men. Harassment including sexual is at large level at workplace and
this problem is expanding day by day because women abstain themselves to complain
due to fear of bad reputation and social taboos. Unequal franchise on women side also
persists in Pakistani system.

 As per Article 8 of CEDAW, member states must support the environment for women
participation at global level including employment on equal basis to men in international
level organizations. Even being member of CEDAW, in Pakistan women participation is
confine to mostly women oriented conventions and conferences. If women get chance for
equal representation at domestic at state level then their participation can be considerable
at international level.

 CEDAW Article 9 urges that state parties must give equal rights to women with men in
acquiring, changing or retaining their nationality and to grant their nationality to their
children as well. As per law in Pakistan foreign woman can acquire the citizenship of her
 husband while on the hand a foreign man is not allow to acquire citizenship of Pakistani
women if he marries with Pakistani woman.

 Article 10 of CEDAW emphasizes for equal opportunities in education field including

1.6 Pakistan Initiatives to Eliminate Discrimination Against Women

Being responsible state, Pakistan took number of following steps to mainstream the
discrimination against women,

 To eliminate the discrimination against women numbers of laws have been passed in last
few years like, Anti-Women Prevention Act of 2011, Bill of prevention for Acid Crime
2011, Bill for protection of women at workplace 2010 and Act of Criminal Law 2010.

In order to be in line with the international commitments, national level group with
involvement of all four provinces formed for prioritizing themes for gender
mainstreaming. At provincial level committees reactivated for the effective
implementation of articles of convention.

 A steering committee (gender focal persons from police & bureau members) formulated
by the Bureau of National Police for designing the programs and strategies to eradicate
the violence against women.

 For the protection and prevention of women from the violence, harassment, abuse and
exploitation 26 crisis centers established at provincial level.
 Help line and toll-free numbers established in all four provinces for referrals and
redressal of complaints by the concerned authorities regarding violence and
discrimination towards women.

 Ministry of Law, Justice and Human Rights formulated plan of action through the
involvement of all stakeholders to uplift the situation of human rights. Hence all four
provinces endorsed that plan of action by announcing the Policy Framework for Women
Empowerment in their respective entities