How To Achieve Success As A Minority Parliamentarian In Pakistan

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"The legislative journey of Pakistan's Christian Marriage Bill spans from the colonial-era Christian Marriage Act of 1872 to recent efforts aimed at updating and refining legal frameworks"

2024-07-13T19:35:42+05:00 Dr. Rubina Feroze Bhatti

“Against a backdrop of significant socioreligious, political, and economic challenges, the recent passing of the long-awaited Christian Marriage Bill Amendment comes as a welcome relief,” says Advocate Waheed Javed, a Christian political activist and Chairman of the Human Rights Committee of the Punjab Bar. While recalling the consultations of minority civil society members, religious and political leadership convened by Former Senator Kamran Michale, and another session organised by the National Commission on the Rights of Child (NCRC) where he participated, he emphasised that this success is a collective effort and collective success, serving as a stark reminder for parliamentarians to work in coordination.

Despite varying perceptions that both state and non-state actors may hold regarding civil society organisation (CSOs) in Pakistan, a substantial body of literature suggests that successful legislation frequently arises from strong partnerships between civil society and parliamentarians, as evidenced by significant examples in Pakistan and across the globe. In Pakistan, the passage of the Women's Protection Act in 2016 stands as a significant achievement facilitated by collaborative efforts between women's rights advocates and supportive legislators (Jafar, 2017). Internationally, in Ghana, effective engagement between civil society organisations and lawmakers led to the enactment of the Domestic Violence Act in 2007, illustrating how collective activism can drive legislative reforms (Ampofo, 2008). Additionally, Sweden provides a compelling case where coordinated efforts between NGOs and parliamentarians have resulted in progressive environmental policies, showcasing the transformative impact of civil society participation in legislative processes (Naurin & Lindgren, 2016). The synergy between civil society and lawmakers on a global scale shows the transformative impact of collaborative efforts in shaping impactful legislative agendas.

Two Christian parliamentarians, former senator Kamran Michael and MNA Naveed Amir Jeeva, collaborated to make innovative strategies addressing child rights issues affecting Christian children

The legislative journey of Pakistan's Christian Marriage Bill spans from the colonial-era Christian Marriage Act of 1872 to recent efforts aimed at updating and refining legal frameworks governing Christian marriages. In 2019, the Christian Marriage and Divorce Act 2019 was proposed with the aim of modernising Christian personal laws that have remained unchanged for 140 years, seeking amendments to the Divorce Act 1869 and Christian Marriage Act 1872. Nevertheless, the draft Christian Marriage and Divorce Bill 2019, sparked a contentious split between progressive factions and the Catholic clergy in Pakistan, along with a bureaucratic standoff between the ministries of human rights and law and justice. Originally approved by the federal cabinet in August, the bill was encountered significant delays and remains pending in the National Assembly, despite initial optimism from Minister of Human Rights Dr Shireen Mazari. The Ministry of Human Rights initially submitted the bill to the law ministry for review, a process marked by consultations involving advocacy groups like the Community World Service – National Lobbying Delegation and the Centre for Social Justice, alongside a Catholic group led by Father James Channan, who vehemently opposes certain provisions, notably concerning divorce rights. Until now, this bill remains unapproved despite ongoing revisions and discussions across ministries, influenced notably by unresolved concerns raised by the Catholic clergy.

Drawing from their experience related to proposed Christian Marriage and Divorce Act 2019, two Christian parliamentarians, former senator Kamran Michael and MNA Naveed Amir Jeeva, collaborated to devise innovative strategies addressing child rights issues affecting Christian children. They jointly implemented a series of initiatives.

Firstly, the parliamentarian adopted a strategy of conducting extensive consultations. This involved engaging former Member Punjab/minority of the National Commission on the Rights of the Child (NCRC), Dr. Rubina Feroze Bhatti, civil society organisations representing minorities, and leaders from minority religious and political groups. Senator Kamran Michael and MNA Naveed Amir Jeeva separately convened sessions that included the participation of Christian advocates identified by the Implementation Minority Rights Forum (IMRF) and Pakistan Partnership Initiative (PPI). The consensus derived from these discussions was to prioritise amendments to Section 60 of the Christian Marriage Act 1872. This targeted approach aimed to safeguard children's rights by combating early marriages, forced conversions, and potential exploitation, while also removing barriers to education and other fundamental rights. The parliamentarians underscored the significance of taking incremental steps to protect the lives and futures of countless Christian children, acknowledging the profound impact that focused legislative amendments can achieve. Furthermore, they also resolved to amend the National Commission on the Rights of the Child Act, 2017, to incorporate the appointment of a separate minority member within the National Commission on the Rights of the Child.

Secondly, the parliamentarian employed the strategy of actively engaging children in advocacy efforts, seeking to integrate their perspectives and voices into the parliamentary process. An advocacy group of minority children, supported closely by the former member Punjab/Minority NCRC, played a significant role in this initiative. The children demanded a review of laws safeguarding minority children, advocating for the inclusion of minority representatives in governmental structures shaping child-related legislation. They also called for data collection on children from religious minorities, appointment of a separate minority member in the National Commission on the Rights of Child, inclusive celebrations of religious festivals, prohibition of corporal punishment and child labor, funding for programs in slums, and curriculum revisions promoting tolerance, human rights, and an increase in the minimum marriage age for girls from 13 to 18 years and for boys from 16 to 18 years.

The delegation first convened with Ms. Mehnaz Akber Aziz, MNA, former convenor Parliamentary Caucus on Child Rights, with the assistance of Christian parliamentarians. Subsequently, Ms. Aziz, along with Christian parliamentarians and minority members of the NCRC, arranged meetings for the delegation to engage with top leadership figures, including Muhammad Sadiq Sanjrani, Chairman of the Senate of Pakistan; Raja Pervaiz Ashraf, Speaker of the National Assembly; and Muhammad Baligh-ur-Rehman, Governor of Punjab. These sessions were strategically organised to facilitate the delegation in presenting their charter of demands with precision and impact.

Thirdly, the parliamentarians adopted a strategy that included collaborative drafting, simultaneous submission and vigorous lobbying to ensure the passage of legislative reforms benefiting the Christian community in Pakistan. They worked with member Punjab/minority NCRC for drafting the National Commission on the Rights of the Child (Amendment) Act, 2023, to ensure separate minority seat within the commission. Additionally, they drafted the Christian Marriage (Amendment) Bill 2023, which aimed to raise the minimum marriage age for Christians to 18 years. Both Bills were simultaneously submitted to the Senate and National Assembly of Pakistan by Senator Kamran Michael and MNA Naveed Amir Jeeva. Subsequently, they initiated a vigorous lobbying campaign among their colleagues in the Senate and National Assembly to secure the passage of these bills. Ultimately, on February 27, 2024, the Christian Marriage (Amendment) Bill 2023 was approved by the Senate, thanks to the efforts of Kamran Michael. On July 10, 2024, the National Assembly approved the Christian Marriage (Amendment) Bill 2024, spearheaded by Naveed Amir Jeeva. The Christian community welcomed these developments, anticipating a reduction in forced conversions and marriages following the bills' enactment. As the National Commission for Justice and Peace (NCJP), which serves as the leading advocate for rights and freedoms within the Pakistani Catholic Church, has warmly welcomed the law approved. While the children's delegation leaped with joy, a young delegate Sajjar Shehzad exclaimed, “We are immensely proud of our parliamentarians, coming from diverse religious backgrounds. They’ve not only respected and attentively heard us but have also consistently delivered on their promises without wavering.” The consensus on the approval of the Christian Marriage and Divorce Bill 2019 is awaiting deliberation by parliamentarians.

The enactment of the Christian Marriage (Amendment) Bill 2024 in Pakistan highlights the critical role of inclusive strategies in achieving legislative success. It underscores the imperative for Christian parliamentarians to utilise effective strategies such as coalition-building and thorough stakeholder consultation. Through inclusive navigation of bureaucratic processes and responsiveness to feedback, legislators can effectively align their initiatives with the diverse needs of the community.

Former senator Kamran Michael has vacated his position. Regarding MNA Naveed Amir Jeeva, a critical decision awaits regarding whether to prioritise proposing a constitutional amendment bill aimed at increasing the number of reserved seats for minorities in the National Assembly from 10 to 20, or to advocate for a separate minority seat at the NCRC with the backing of all parliamentarians—a demand recently put forth by a Children delegation. Whichever course he selects, it is evident that his decision will significantly impact history, particularly as millions of Christian children await legislative measures to safeguard their rights.

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