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Six Lessons on Enhancing Women’s Representation in Pakistan’s Justice System: Critical Reflections and Challenges

IN BRIEF

The underrepresentation of women in Pakistan’s legal and justice systems is a significant impediment to societal equity and progress. This issue was brought into sharp focus during a recent orientation session organized by UN Women for the Gender Parity Project, to which Accountability Lab Pakistan is an implementing partner. The […]

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The underrepresentation of women in Pakistan’s legal and justice systems is a significant impediment to societal equity and progress. This issue was brought into sharp focus during a recent orientation session organized by UN Women for the Gender Parity Project, to which Accountability Lab Pakistan is an implementing partner. The event underscored the critical need for a multifaceted approach to gender parity, highlighting both the achievements and persistent challenges in this area. This analysis explores the necessity of women-centric projects in enhancing women’s representation in Pakistan’s judicial system, addresses the representation gap, examines institutional reforms and community engagement, discusses capacity building, and confronts the resistance from patriarchal systems.

Women-Centric Projects are the way to go:
From the onset, the discussion highlighted an incontrovertible truth: the underrepresentation of women in Pakistan’s legal and justice systems perpetuates societal inequities. Women’s presence in these spheres is not merely a statistical necessity but a transformative force that can ease access to justice, reduce stigmatization, and foster societal well-being. Cultural barriers that discourage women from seeking help from law enforcement and judicial systems are deeply entrenched, necessitating targeted interventions (Ali, 2020).

Women’s involvement in the justice system can lead to more sensitive handling of cases involving gender-based violence and other issues that disproportionately affect women. According to a report by Human Rights Watch (2023), only 1% of reported cases of gender-based violence in Pakistan result in convictions, highlighting the urgent need for more female representation in the judiciary and law enforcement. Moreover, their participation can inspire confidence among other women, encouraging them to seek justice and assert their rights. Therefore, enhancing women’s representation is essential for a more equitable and just society.

Highlighting Female Role Models in the Legal Fraternity can help Improve their Representation in the judiciary:
UN Women’s Country Representative for Pakistan provided a sobering context by comparing Pakistan’s women representation statistics with regional counterparts, placing the country just above Afghanistan. Currently, women make up only 1.8% of Pakistan’s judiciary (Pakistan Bureau of Statistics, 2022). This stark comparison underscores the gravity of the situation. The representative aptly pointed out that the mission is not to impose solutions but to support local initiatives aimed at bridging the representation gap. This involves a nuanced understanding of the cultural and practical obstacles that women face in these institutions.

One of the most significant barriers to women’s participation in the justice system is the lack of female role models and mentors. Without women in leadership positions, it is challenging to attract and retain female talent in these fields. A study published in the International Journal of Gender Studies (Khan, 2021) found that the presence of female mentors significantly increased the retention rates of women in legal professions. Therefore, initiatives aimed at increasing women’s representation must also focus on creating pathways for women to ascend to leadership roles within the justice system.

Investment in the Institutional Reforms and Community Engagement is Required:
One of the key strategies discussed during the session was institutional reform. This includes adjusting recruitment criteria and enhancing gender-responsive infrastructure. However, these changes face substantial resistance. For example, lowering height requirements for women applicants is a necessary step but one that may meet with opposition from male counterparts who perceive this as an unfair advantage. Effective community engagement is crucial to mitigate such resistance, highlighting the importance of gender parity for the overall betterment of the justice system.

The project also advocates for capacity building and gender-responsive budgeting and planning. Initiatives like the establishment of Women Protection Units (WPUs) and Gender-Based Violence (GBV) Desks within police stations are commendable steps toward creating a supportive environment for women. Yet, the success of these initiatives hinges on sustained commitment and rigorous implementation. According to the Pakistan Social and Living Standards Measurement Survey (2022), regions with WPUs reported a 30% increase in the reporting of domestic violence cases, indicating the potential impact of such reforms.

Community engagement is vital for building public support for these reforms. Educational campaigns that highlight the benefits of gender parity in the justice system can help shift public opinion and reduce resistance. Moreover, engaging with local leaders and influencers can amplify these messages and foster a broader cultural shift towards gender equality.

Address the Challenge of Capacity Building:
Training and development opportunities, including participation in UN Peacekeeping missions, are pivotal for empowering women within these institutions. However, concerns about the practicality and safety of such missions for officers from underprivileged countries like Pakistan need to be addressed. These missions, typically post-conflict and peacekeeping in nature, must ensure the safety and well-being of the participants.

Moreover, the effectiveness of capacity-building efforts is closely tied to job satisfaction and the genuine engagement of women in their roles. The risk of tokenism—where women are included merely to meet quotas without real empowerment—remains a significant concern. Ensuring that women feel valued and supported in their positions is essential for the meaningful success of the Gender Parity Project.

Capacity-building programs must be comprehensive and continuous, offering women opportunities for professional development and advancement. Mentorship programs, leadership training, and access to international experiences can significantly enhance women’s skills and confidence, enabling them to contribute more effectively to the justice system. The World Economic Forum’s Global Gender Gap Report (2023) emphasizes that comprehensive capacity-building initiatives are crucial for closing gender gaps in professional fields, including the legal sector.

Mitigate Resistance from Patriarchal Systems:
A recurring theme throughout the session was the resistance from entrenched patriarchal systems. The “knocking again and again” approach, which advocates for persistent efforts to create incremental positive changes, is both practical and necessary. Yet, the pace of change is often frustratingly slow, and the pushback from traditionalist factions can be disheartening. Overcoming this resistance requires not just policy changes but a broader cultural shift, which is a monumental task.

Patriarchal attitudes are deeply ingrained in many aspects of Pakistani society, including the justice system. These attitudes often manifest as discrimination, harassment, and bias against women, creating a hostile work environment and discouraging women from pursuing careers in this field. A study by Ali and Khalid (2021) published in the Journal of South Asian Studies found that 70% of female lawyers reported experiencing gender-based discrimination in their professional environments. Addressing these issues requires a multi-pronged approach that includes policy changes, awareness campaigns, and education initiatives aimed at changing societal attitudes.

Facilitate Collaborations and build Support Mechanisms:
The collaborative efforts of all partner organizations, bolstered by rigorous reporting and branding guidelines, are instrumental in driving meaningful change. Yet, the journey towards gender parity is a long and arduous one, demanding relentless advocacy, persistent effort, and unwavering support from all stakeholders.

UN Women and its partners play a crucial role in this process by providing technical support, advocacy, and funding for gender parity initiatives. Their efforts help to create an enabling environment for women’s participation in the justice system, ensuring that these initiatives are sustainable and impactful.

Furthermore, international collaboration and support can provide valuable resources and expertise, helping to overcome some of the challenges faced by local initiatives. Sharing best practices and lessons learned from other countries can inform and strengthen gender parity efforts in Pakistan. For instance, the introduction of gender-sensitive policies in Rwanda’s judiciary has significantly improved women’s participation, serving as a potential model for Pakistan (UN Women, 2023).

The UN Women orientation session for the Gender Parity Project highlighted both the progress made and the considerable challenges that remain in enhancing women’s representation in Pakistan’s justice system. The path forward requires a steadfast commitment to institutional reform, community engagement, capacity building, and financial transparency. Overcoming the deep-seated resistance from patriarchal systems and ensuring the genuine empowerment of women within these institutions are critical to achieving the project’s goals.

The necessity of women-centric projects, addressing the representation gap, and implementing institutional reforms are fundamental steps towards gender parity. Community engagement and capacity building are crucial for sustaining these efforts and ensuring their long-term success. However, the resistance from patriarchal systems remains a significant obstacle that requires persistent and multi-faceted efforts to overcome.

The journey towards gender parity in Pakistan’s justice system is a challenging one, but with continued advocacy, collaboration, and support, meaningful progress can be achieved. The collaborative efforts of all partner organizations, combined with a strong commitment to gender equality, can drive the transformative change needed to create a more equitable and just society.

 

 

References
Ali, N., & Khalid, S. (2021). Gender discrimination in the legal profession: Experiences of female lawyers in Pakistan. Journal of South Asian Studies, 37(2), 200-215

Human Rights Watch. (2023). Women’s rights in Pakistan. Retrieved from Human Rights Watch.

Khan, R. (2021). Mentorship and retention of women in legal professions in Pakistan. International Journal of Gender Studies, 18(3), 315-328.

Pakistan Bureau of Statistics. (2022). Pakistan social and living standards measurement survey. Retrieved from Pakistan Bureau of Statistics.

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