Gender and Development

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Bangladesh

Gender and Social Justice, Ain O Shalish Kendro - ASK

Background of the project

As in many countries in the world, legal procedure in Bangladesh is slow and expensive. For most people, the legal system is out of their reach. To avoid costly and lengthy court, people seek local remedies such as the traditional alternative dispute resolution mechanism, popularly known as shalish. Issues such as marital dispute, desertion, oral divorce, maintenance, land and criminal offenses such as rape, adultery, dowry related violence, are commonly dealt with in shalish sessions in Bangladesh.

These sessions tend to be conducted by local government representatives, particularly the Union Chairperson and social leaders such as religious leaders and teachers. For judgment, many of these sessions rely on customary practices and Islamic Shariah laws, often issuing verdicts that not only discriminate against women but also contradict existing legal rights.

To try and correct such discriminatory and illegal verdicts, the national NGO Ain O Shalish Kendro is conducting a Gender and Social Justice program that has its main objective the reform of traditional shalish interpretations and the attitude of shalishkers or mediators. A major strategy here is to develop community awareness and draw on community participation, particularly of women, to persuade local representatives and community leaders to base their shalish decisions on existing laws.

With this in mind, ASK approached ADB for funding to expand its activities into the area of shalish and legal awareness within shalish practices at the local (Union and Ward) level. This builds on ASK’s long association with legal rights and legal aid. Established in 1986 by a small group of lawyers, social scientists and development workers, ASK has been providing support to women in the areas of legal counseling, mediation and litigation through its legal aid, advocacy and research activities.

Project Components

The overall objective of the Gender and Social Justice program is to reduce unlawful shalish judgments and to correct discrimination against women inherent in many shalish practices. The main mechanism to achieve this is the development of Ain Shohayota Committees (ASCs). The role of these ASCs is to monitor arbitration practices as well as to provide a source of arbitration at the Ward level. To achieve this, ASK undertakes a number of community consultations and training programs. The aim here is to establish strong, socially aware ASCs with sufficient training on legal matters, women’s rights and shalish processes to enable them to effect changes in the attitudes and judgments of arbitrators. In terms of the current project, ASCs will be established in six Unions (covering 54 Wards). ASK operates the program in five districts with the support of four donors of which ADB is one. The areas of operation is not specified by donor, so all donors together support the program in the five districts.

• Make local elected representatives and law enforcement agencies sensitive to the principles of gender justice and equality as guaranteed in the Constitution.
• Enable poor women to participate in shalish and other decision making processes to equality of justice.
• Strengthen the capacity of local groups to monitor enforcement mechanisms and advocate alternatives within a democratic system.
• Monitor local shalish by ASC to ensure that it is participatory and gender and socially just.
• Prevent fatwa and unlawful shalish.
• Develop human rights activists at the community level.
• To develop the capacity of partner NGOs to conduct and sustain the program.

To achieve these goals, ASK works in collaboration with sympathetic partner NGOs in the local area. ASK provides its PNGOs with training and legal support. Staff of PNGOs and ASK meet twice yearly in each working area to discuss, review and analyze issues related to implementation. The PNGOs are responsible for implementing as well as monitoring the program. They therefore select the community organizers who are to mobilize community support for the development of ASCs and ensure their sustainability. The role of the community organizer includes:

• Attending all ASC-related meetings and workshops.
• Developing a good relationship with members of elected bodies.
• Advising on more difficult/complex cases, or referring such cases to the PNOG or ASK for legal aid.
• Monitoring the progress of cases referred to legal aid for court action, including those that cannot be dealt with by shalish (such as rape and murder).
• Providing support to victims, e.g. by accompanying them to other districts to pursue their case.
• Arranging follow-up training for ASC members.

The focal point of the project is the development of effective ASCs. These committees consist of five members, including at least two women. The ASCs operate at the ward-level, with a total of 45 ASC members in each Union (there are nine wards per union). They are recruited during Union-level workshops organized by ASK. While this process is conducted with the cooperation of the local elected bodies, ASC members are not themselves local elected representatives. It is important that the ASCs maintain an independence so that they can be seen as an impartial monitoring and consultation unit.

Following selection, ASC members receive training and participate in workshops designed by ASK to develop their legal awareness and mediation skills. Recruits receive an initial 3-day training, where they are provided with easy to read materials on how to mediate disputes, training in common legal issues, and strategies on how to prevent unlawful shalish. Common legal topics covered in the training include legal rights of children, bride price, dower, shalish, marriage registration, divorce, Muslim and Christian Family Law, Muslim inheritance law, Family Law Ordinance (1988), guardianship, etc.

To support the activities and training needs of ASC member, there are on going monthly review meetings. Generally, three ASCs meet every month (with a total of 15 members). There is also a monthly meeting of all ASCs in one union. The community organizer and ASK’s lawyers also attend all meetings in order to provide advice and refer complicated cases to ASK, partner NGOs, such as MUKTI and to the police and court as needed.

ASC activities are also supported by popular theater teams, which complement the project but are not directly funded by it. Popular theater draws on the talent and enthusiasm of local actors and musicians to raise awareness about women’s legal rights and legal provisions related to common problems such as dowry, divorce, polygamy, violence against women, etc. Performances are informal making use of limited props and resources, and generally reflect on a recent issue in the area. Following the performance, the audience is asked to comment on and discuss the issue raised. Popular theater teams usually comprise about 15 members and are established at the union level. Popular theater teams also receive some training, similar to that provided to ASC members.

According to three ASC members interviewed in the district of Kushtia, the work of ASC members is similar to that of community workers. Although unpaid, they give their time in order to help the predominantly poor residents in their ward settle conflict through arbitration. The two farmers and house wife interviewed agreed that ASC activities were having an influence on local affairs. They already claim to have had some success in mediating disputes (see Sultana’s Story below), as little-by-little, more people bring their troubles to ASC members. They have also been able to work with the police to lay charges against a few offenders under the new Women’s and Children’s Repression Act (2000). Consequently, they report a decline in the extent of violence against women in the area.

The female ASC member said how women’s participation as ASC members was particularly important given that the main issues and conflicts they deal with relate to family matters and violence against women. She said that many women would not confide such personal matters to men and prefer to deal with female ASC members. These ASC members also worked closely with the Popular Theater Team, which at times worked to garner public support for victims involved in unsettled disputes.

Sultana’s Story

After the sudden death of her husband from lightning, Sultana found life with her husband’s family increasingly unbearable due to the constant verbal and physical abuse she received from her mother-in-law. In the end, she fled to her parents' house shortly after the birth of her son. However, her husband’s family would not allow her to take her baby with her, so once back with her parents, she approached ASC for help. Because her in-laws lived in another district, ASC members - together with the ASK community organizer - approached ASC members and the police in that district. Through a process of arbitration, involving ASC members from both districts, the young widow was eventually reunited with her baby in her parents' home.

Two Plays by the Popular Theater Team

Domestic dispute

This story was based on a case that ASC was involved with but unable to solve. A young woman was abandoned by her husband in her parents' home following a domestic dispute. The case came to ASC as the young woman wanted to resume living with her husband, but his parents were against it. ASC tried to facilitate a reunion but failed; the case was then referred to MUKTI, but to no avail. Finally, the Popular Theatre Team developed a drama based on the story of an unhappy, abandoned wife. This lead to a happy ending with the young woman once again living with her husband.

A warning against early marriage

This play was developed by the Popular Theater Team to discourage early marriage for young women and girls. In developing the play, the Team consulted with the marriage registrar and used materials provided by ASK. They also drew on local experiences to highlight the negative consequences for women of early marriage, including their withdrawal from school, the effect on young women’s psychological development and early pregnancy. The play was quite controversial and resulted in a lot of discussion, with the performers believing that the play has made a difference to local attitudes.

Future Directions

There is potential to replicate elements of this project in wards and unions throughout Bangladesh. Working with other partner NGOs, ASK has the legal experience and institutional capacity to manage such a project.

ADB could also build on this project to consider the role of shalish and the potential of ASC as alternative dispute resolution (ADR) mechanisms in ADB-financed legal and judicial reforms. In particular, ADB should build on the training modules and experience learned during this project to promote legal and shalish reforms that respect the rights of women, work within the existing laws of Bangladesh and monitor the incidence of illegal shalish rulings and procedures.

There is also scope to consider shalish and ADR in future program loans and technical assistance targeting violence against women. The very personal nature of such crimes often inhibits women from approaching formal police avenues. The cost of pursuing police and court action is of course another barrier here. The Ministry of Women and Children Affairs and the Ministry of Law and Parliamentary Affairs could act as executing agencies for Government projects in this area.

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