Are human rights Western?

When cultural traditions come under pressure women appear to face greater demands to be the bearers of ‘cultural authenticity’.  While discourses of feminism and Human Rights can become wedges of opportunity for women to raise demands and negotiate for change in gender relations, women’s organizations and activists embracing them are open to charges of succumbing to the seductions of the West and its cultural imperialism.

Many Muslim women activists seek some kind of accommodation with religious belief because of its critical role in local culture.  Shaheen Sardar Ali, in her book ‘Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Men?’ articulates a perspective for understanding the rights of Muslim women within Islamic tradition.  She locates Muslim women within the “concentric rings of religion, class, law, and society that form the multiple layers of her identity and encompass her from the moment she is born”[1].

In such a culture, where feminism and cultural authenticity are deemed mutually exclusive categories, what framework can women’s activists and organizations use to negotiate for change? There is a need to search for a more culturally authentic genealogy of women’s right.

Western human rights discourse emphasises an individual construct of self that does not resonate in many Muslim countries where the construct of selfhood is relational and specific connections with others privileges access to rights. Talal Asad, in his work on human rights, argues that the language of human rights that is based on notions of redemptive emancipation is not only unhelpful, but provides a frame for its use for imperialistic purposes[2].

A culture with a relational notion of national identity and a relational notion of rights requires an alternate approach to ethical dilemmas. The feminist ‘ethic of care’ complements ethical theories that extol justice and autonomy as the ultimate goal.  It informs a moral endeavour to ‘alleviate the real and recognizable trouble in the world’ through interpersonal connections.   Rather than demanding rights and rules for all, it champions avoidance of harm for all, advocating responsibility in relationship.  It celebrates difference, contrasting the inherent demand for universalism within the impersonal justice and autonomy models.

Given the ongoing challenge to addressing gender violence, is it time to consider a new narrative of human rights?


[1] Sardar Ali, S. (2000). Gender and Human Rights in Islam and International Law: Equal Before Allah, Unequal Before Men. The Hague: Kluwer Law International. p. 89

[2] Asad, T. (2000). What Do Human Rights Do?  An Anthropological Enquiry. Theory and Event, 4(4).

Does Internationalisation of local issues help women’s rights?

When Muktar Mai was gang-raped on June 22, 2002 at the behest of the tribal jirga, or panchayat, the incident should have finished there. Many women before her have suffered such a fate and out of honour/shame have committed suicide soon after. Mukhtar Mai did not accept her fate and fought back. Her story brought a range of issues pertaining to women, the government’s lack of will in addressing them, and the clash between cultural and religious norms and women’s rights, into the public arena where they were and are debated, discussed and written about. It also provoked increased discussion on what ‘civil society’ might mean for Pakistan as activists confronted what they term ‘barbaric tribal customs’.

The issue has become an international flashpoint for the government and embroiled the President, General Pervaiz Musharraf, in an ongoing international debate on rights versus image. Sept 13, 2005, in an interview with the Washington Post, President Musharraf said the talk around Islamabad was that women get themselves raped to get a visa for abroad and make large sums of money. President Musharraf continually sought to defend his handling of the Mukhtar Mai case, claiming its internationalization has tarnished Pakistan’s image abroad and, he has attempted to scapegoat women’s organizations and activists by publicly accusing them of seeking to harm Pakistan in their demand for reform or the way they articulate it. The spotlight has been put squarely on laws and customs that adversely affect women.

The Government then initiated an international conference in Islamabad on Violence against Women, a direct response to the national and international outrage over its inaction on this issue as highlighted by the Mukhtar Mai case. The internationalization of a local incident highlighting rights’ abuse created almost unprecedented opportunities for women to negotiate forcefully for change.

How women engage with the State, society and other power brokers are telling in terms of the changes they are able to achieve. Internationalization of issues becomes a double-edged sword, and one on which women’s negotiations for change rise or fall. At times, governments react with cosmetic measures that appease foreign powers putting pressure on them. At other times they resist and restrict the activities and work of local initiatives for change.

When international attention is brought to bear we need to be careful to work in service of local initiatives, understanding the broader picture, while not forgetting the need for justice for every women and her story.

Featured image: https://www.latimes.com/entertainment/arts/la-et-cm-muktar-mai-thumbprint-opera-20170616-story.html

Unintended consequences

In an article on Citizenship and Gender in Middle East Suad Joseph talks of the ‘pervasiveness of patriarchy’ and its over-arching influence in shaping notions of propriety and umpiring behaviour. Khawar Mumtaz and Fareeda Shaheed, in their book ‘Women of Pakistan, Two Steps Forward, One Step Back’, describe the enmeshing of patriarchy into the structures of feudalism, tribalism and capitalism as symbiotic; creating an interdependent relationship between these structures. While theoretically distinct, opposition to one immediately implies opposition to the other.

Emancipatory measures have in fact been adopted by the State in many instances, though they often seem more cosmetic than genuine actions for change. They are often enmeshed in the patriarchal structures of society, binding women ever more deeply to those structures. Deniz Kandiyote charges that such measures are never intended to lead to renegotiation of men’s existing privileges, but are simply an endowment upon women of additional capabilities and responsibilities. Women are dependent on these pronouncements to procure any advancement.

However, limited though these emancipatory measures introduced by governments may be, they have seen the rise of women who are today’s advocates for change in gender relations. A body of highly-skilled, professional women who are concerned to change the ‘gendered balance of power, has been born. Pakistan is one example, where such women are to be found now as activists and leaders of women’s organizations.

Laws that deal with male violence, family law, female exclusion from education, health provisions for women, are all dependent on men acting to provide for women. Women activists have leveraged these small scraps to challenge the state and society on more structural and institutional levels. Governments never intended that their offerings would become the catalyst for more, and yet there is significant evidence that women are using these small openings as major opportunities to engage in negotiations for change.