(The Human Rights Correspondence School of the Asian Human Rights Commission can be found on the Internet at www. hrschool. org.)

Violence against women is an unfortunate but common human rights violation, particularly in South Asia. The practice of honour killings is a particularly atrocious form of such violence against women. In some instances, honour killings take the life of men and children as well, not just women. Honour killings have a long history steeped in traditional forms of justice with no relation to the effective rule of law. 

The lesson series 35 of the Human Rights Correspondence School examines the practice of honour killings in Pakistan, where the practice of honour killings is linked to the traditional system of jirga or panchayat rule. These tribal councils act as parallel legal systems within the country and not only prevent the abolition of honour killings, but actively encourage them. These bodies are also primary obstacles towards human rights protection and the establishment of effective rule of law.

There are three lessons with questions for discussion in this series. 

Lesson 1 introduces the practice of honour killings in Pakistan and provides specific cases as illustration. The term "honour killings" comes from the idea of killing for "honour", usually that of the family. Females are believed to be the repositories of such "honour", as well as being the possessions of men. When this honour is believed to be besmirched, and when possessions are thought to be "tainted", such killing is allowed as retribution and as a means to defend "honour". The practice is given legitimacy due to the traditional authority of the jirgas or the panchayats, which firmly abide by such practices.

According to these tribal councils, in cases where a woman is believed to have "dishonoured" her family with immoral conduct, all those responsible should be killed or otherwise punished. The undefined concept of "honour" and of what undermines it leads to almost every act of female disobedience amounting to "dishonouring" the family. The truth of such an allegation of inappropriate behaviour does not need to be established.

Lesson 2 examines the national and international legal framework relating to honour killings and the system of jirgas. Although Pakistan is party to numerous international conventions that include specific provisions on the rights of women, the rights to due process and fair trial, all such rights are violated by the practice of honour killings. 

Contrary to popular belief, the jirga tradition has no relationship to religion. Most commonly, it is the disputes related to zar (money), zin (women) and zameen (land) that are settled through the jirga. The members of the jirga are always men and the representation of women is not permitted. Even when women are the victims, they are not heard.

Although illegal, the jirga is a powerful institution within the Pakistani informal justice system, which is influenced by wealthy clans, biased against the women and the poor, and condoned by the police. 

Even state officials have used jirgas to solve criminal cases pending in court. Many jirga leaders are parliamentarians or members of the civil administration, or have family links to the administration. In their official capacity they talk about human rights for all, yet in their constituencies they participate in tribal courts, handing down punishments in violation of basic human rights principles. 

The 1979 Constitution of Pakistan guarantees women's equality before the law. However, the Qisas (retribution) and Diyat (compensation) law, which covers offences relating to physical injury and murder, does not conform to the standards laid out in the constitution. 

Lesson 3 focuses on the collapse of the rule of law within the country, which prevents the deterrence of honour killings. In recent years, the establishment of military courts and rule has undermined the little legal framework that exists in Pakistan. The collapse of the rule of law stems not only from poor legislation, but also from ineffective justice mechanisms -the institutions responsible for enforcing the legislation and protecting the rights of the people under the country's constitution are currently in a state of corruption and decline. One of the reasons that is consistently cited for why the jirga system is still so common throughout the country, is precisely because of the ineffective and drawn out process of official justice.

It is only with the abolishment of the jirgas and the reform of Pakistan's legal system and institutions that human rights violations such as honour killings will cease, the lesson concludes.