Gender Justice Through Musalihat Anjuman Project (GJTMAP)

Musalihat Anjuman (Urdu: مصالحت انجمن) or Musalihat Jirga (Urdu: مصالحت جرگہ) meaning, conciliatory courts, is a community-based alternate dispute resolution system established in Pakistan to help settle small disputes and claims at the grassroots level. The Project uses Musalihat Anjuman as a vehicle to reduce domestic and other forms of violence against women.

GJTMAP

BACKGROUND

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Violence of physical, psychological, economic and/or sexual nature, be it against any gender, is a serious problem in all societies. According to a social audit, conducted by the Government of Pakistan and UNDP in 2003, and reports of different international agencies, the situation requires drastic and effective steps to provide justice at the grassroots level in Pakistan. Based on empirical studies and findings of these reports, the subsequent consultative process recommended providing the 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

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“To promote and safeguard the rights and lawful entitlements of all, particularly the vulnerable segments of the society, by institutionalizing a community-supported Alternate Dispute Resolution mechanism through the entity of Musalihat Anjuman (MA)"


PROJECT SCOPE

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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 the Local Government laws. The Musalihat Anjumans work for awareness raising, establishing linkages and improving networks.


PROJECT DISTRICTS

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The project is supporting formation and capacity building of Muslihat Anjumans in 20 out of 130 districts in Pakistan. These districts include:

- Quetta, Lasbela, Loralai, Gawadar and Ziarat in Balochistan Province

- Abbottabad, D. I. Khan, Mardan, Nowshera and Haripur in North-West Frontier Province

- Attock, Bahawalpur, Multan, Mianwali and Jhelum in Punjab Province

- Dadu, Shikarpur, Sanghar, Jacobabad and Shaheed Benazirabad in Sindh Province.


MUSALIHAT ANJUMAN PROCEDURE

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Musalihat Anjuman (MA) is a community-based, informal, inexpensive and effective means towards dispending 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 woman, notified at each Union Council level. These MAs are constituted to resolve issues through mediation, arbitration or reconciliation. Anyone can approach Musalihat Anjuman of his/her own Union Council. Cases to Musalihat Anjuman can also be referred through courts, elected representatives, police and other government or non-government organizations.


MUSLAHEEN

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Musaleheen means a panel of impartial persons whose role in Musalihat Anjuman is to assist and encourage parties in a dispute 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 MAs are properly documented and shared with stakeholders, including relevant police stations. The resolutions given by Musaleheen come into effect if accepted and validated by both disputing parties.


NATURE OF DISPUTES FOR MUSALIHAT ANJUMANS

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The Musalihat Anjumans can address various types of disputes at the community level, for example:

- 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 disputes)
- 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 disputes, etc.


BENEFITS OF MUSALIHAT ANJUMAN

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There are numerous benefits of Musalihat Anjumans, including:
- Equity and easy access to justice
- Means towards curbing gender based violence
- Reduced case load on police/courts, etc.


References

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Category:Alternate Dispute Resolution (ADR) Category:Gender Justice Category:Violence Against Women (VAW) Category:Jirga