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PAKISTAN: A human rights defender working on fishermen’s rights was killed by land grabbers

January 27, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-010-2012

27 January 2012
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PAKISTAN: A human rights defender working on fishermen’s rights was killed by land grabbers

ISSUES: Human rights defender, displacement right to livelihood, impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a fisher folk activist and human rights defender was attacked and killed by land grabbers in December 2011. Three persons were injured in the attack and they have not been provided any medical assistance by the authorities The police were reluctant to file a case of murder against the land grabbers and it was only after a protest from the community that they were compelled to file an FIR against the perpetrators. However, after two months only one henchmen of the perpetrators has been arrested and those who remain at large continue to grab more land with the help of local police. The local fishermen and farmers are being displaced and their livelihood is almost ruined.

CASE NARRATIVE:

Imam Din‘s family is one of the other families who had to leave their lands to secure their livelihood. In 1972, they migrated from district Sanghar, Sindh to Kudiyan, Punjab and started working with a contractor named Haji Shafaullah Khan Niazi to catch fish on Chashma to earn their bread and butter.

Imam Din was a kind and brave man having a good reputation amongst the villagers, one who always stood against the unlawful decisions of the contractor. He had a great affiliation with Pakistan Fisherfolk Forum. On raising his voice against those malpractices, the contractor, his nephew and mobsters started their bitter hostility towards him. They eventually expelled Imam Din from the village along with his entire family.

Imam Din forced to migrate and started living in Paharpur District D. I. Khan near Chashma Barrage. He bought 32 acres of land near his living place and started farming to feed his family. Though he was apart from them his association with the poor fishermen never weakened, he continued to support them. The culprits started harassing Imam Din to leave his piece of land, which he bought and threatening him in an effort to hinder his actions against their unlawful practices, but failed.

On December 4, 2011 a group of thirty armed men broke into Imam Din's village (Malikhel) and started firing for almost an hour. Ultimately the contractor Haji Shafaullah Khan Niazi, his three sons Amir Khan Niazi, Nadir Khan Niazi, Yasir Khan Niazi, his nephew Kaleemullah along with the armed men attacked Imam Din and his family. They targeted Imam Din and three of his family members, Muhammad Hashim S/O Abdul Hameed, Ghulam Abbas S/O Ali Khan & Ali Muhammad S/O Muhammad Suleman. They killed Imam Din and after confirmation of his death, they fired into the air in jubilation and told everyone that the main obstacle was taken care off. Imam Din's death was an example for others so that no one would raise their voice against their brutality.

The police registered the FIR submitted by the brother of the deceased Imam Din, Mr. Muhammad Ashraf at the Police Station Kundiyan district Mianwali.

Although the police have launched an investigation into the case registered unfortunately, after the passing of almost two months the police have arrested only one criminal named Muhammad Hussain who confessed to his part in the offense. The remainder of the culprits is still at large and the delay in justice may well result in the killing of other fishermen who raise their voices for their rights.

ADDITIONAL INFORMATION:

The contract system on inland fisheries tracks back to the British rule but after the independence, this system worsened the livelihood of Fishermen. In 2010, after consistence struggle and efforts by Pakistan Fisherfolk Forum the said contract system abolished for fishing in the public water of Sindh. However, the contract systems still exist and active in rest of the country including Punjab and the poor Fishermen are still facing the consequences of this illegitimate system. As a result the contractors are becoming stronger and the Fishermen are getting no benefits and their livelihood is in danger. Pakistan Fisherfolk Forum is hand in hand with the fishing community of Punjab and a strong networking is established.

After the destruction of Indus delta the artisanal fishermen left with no any option but to migrate. Kundiyan is a small village situated near Chashma Barrage (a barrage on the River Indus in district Mianwali, Punjab, Pakistan) where most of the fishermen migrated to find a way to their livelihood.

In Chashma, all the fishermen of that village have no any other alternative but fishing and for that they are bound to work under a contract whose term and conditions are extremely inhuman and unjust. According to the contract, the Fishermen have to bear all the expenses of a fishing trip such as labour, boat, fishing net, boat motor and fuel cost. They are bound to buy the fuel from the contractor only, on very high rate as compared to that of market. On the other hand the contractor takes their catch on very low rates e.g. if the big fish is sold Rs.350/kg in the market they take it in Rs.30/kg. In fact, the Fishermen are not entitled to get the cash against their catch instead they are given with the weekly tokens and the amount is paid by the end of the year. Meanwhile they are given only Rs.200 and 20Kg flour on weekly basis to run their day-to-day expenses, which is likely not enough to fulfill their needs.

The Fishermen of Chashma, are not allowed to work anywhere else, they cannot get sick leaves, are not allowed to leave the village even in case of any emergency, cannot have guests, cannot sell, gift or use fish. If any of the terms mentioned is breached or if any of the Fishermen protest against this cruelty, he has to face horrifying consequences like, physical punishments, cash penalties from 10,000 to 30,000, asset auction etc. They can be expelled from fishing or beaten up inhumanly by those mobsters and for that purpose they have made a torture cell for incarceration of fishermen at Khatra in Mianwali City. Infact every local including media is aware of their criminal activities.


SUGGESTED ACTION:
Please write the letter mentioned below, to the authorities calling for prompt action in the killing of a fisher folk activist and human right defender. Please urge them to arrest the perpetrators and prosecute the local police for its negligence in taking prompt action against the powerful people. The deceased’s family should be compensated and provided by life and livelihood security. The Contract system should be eradicated from other part of the country as well in order to impede such injustice with fishing community and to ensure their sustainable livelihood. The displaced indigenous fishermen must be rehabilitated to their original places with the provision of all basic facilities of their livelihood.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Human rights defender calling for his intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PAKISTAN: Kindly initiate the inquiry against killing of a human rights defender, working on fishermen’s rights, by the land grabbers

Name of victim(s):
Mr. Imam Din S/O Haji Ali Nawaz; aged around 36 years,
Mr. Muhammad Hashim S/O Abdul Hameed; aged 17 years,
Mr. Ghulam Abbas S/O Ali Khan; aged 20 years,
Mr. Ali Muhammad S/O Muhammad Suleman; aged 48 years
(All the victims are residents of Bangri Amed Shah Waali, Wapda Colony, P.O. Tehsil Piplan, District Mianwali Punjab, Pakistan.)

Names of alleged perpetrators:
Mr. Amir Khan S/O Haji Shafaullah Khan,
Mr. Nadir Khan S/O Haji Shafaullah Khan,
Mr. Yasir Khan S/O Haji Shafaullah Khan,
Mr. Ahsan Sardar, Mr. Bahawal,
Mr. Muhammad Riaz,
Mr. Jamal Din,
Mr. Muhammad Nawaz,
Mr. Muhammad Hussain
(All are residents of Chashma Village, Dsitt Mianwali, Punjab, Pakistan.)

Date of incident: 4th December 2011.

Place of incident: Malikhel Village, Kundiyan, District Mianwali, Punjab, Pakistan.

I am writing to voice my deep concern regarding the murder of a fisher folk activist and human right defender by the land grabbers and the displacement of indigenous fishermen community from their ancestors’ land.

According to the information I received Imam Din‘s family is one of the other families who had to leave their lands to secure their livelihood. In 1972, they migrated from district Sanghar, Sindh to Kudiyan, Punjab and started working with a contractor named Haji Shafaullah Khan Niazi to catch fish on Chashma to earn their bread and butter.

It is known that Imam Din was a kind and brave man having a good reputation amongst the villagers, one who always stood against the unlawful decisions of the contractor. He had a great affiliation with Pakistan Fisherfolk Forum. On raising his voice against those malpractices, the contractor, his nephew and mobsters started their bitter hostility towards him. They eventually expelled Imam Din from the village along with his entire family.

Imam Din forced to migrate and started living in Paharpur District D. I. Khan near Chashma Barrage. He bought 32 acres of land near his living place and started farming to feed his family. Though he was apart from them his association with the poor fishermen never weakened, he continued to support them. The culprits started harassing Imam Din to leave his piece of land, which he bought and threatening him in an effort to hinder his actions against their unlawful practices, but failed.


Then, on December 4, 2011 a group of thirty armed men broke into Imam Din's village (Malikhel) and started firing for almost an hour. Ultimately the contractor Haji Shafaullah Khan Niazi, his three sons Amir Khan Niazi, Nadir Khan Niazi, Yasir Khan Niazi, his nephew Kaleemullah along with the armed men attacked Imam Din and his family. They targeted Imam Din and three of his family members, Muhammad Hashim S/O Abdul Hameed, Ghulam Abbas S/O Ali Khan & Ali Muhammad S/O Muhammad Suleman. They killed Imam Din and after confirmation of his death, they fired into the air in jubilation and told everyone that the main obstacle was taken care off. Imam Din's death was an example for others so that no one would raise their voice against their brutality.

I therefore, urge you to initiate an inquiry into the killing of a human right defender and a fisher folk activist. I urge you to arrest the perpetrators and prosecute the local police for their negligence in taking prompt action against the powerful people. The deceased’s family should be compensated and provided by life and livelihood security. The Contract system should be eradicated from other part of the country as well in order to impede such injustice with fishing community and to ensure their sustainable livelihood. The displaced indigenous fishermen must be rehabilitated to their original places with the provision of all basic facilities of their livelihood.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President's Secretariat
Islamabad
PAKISTAN
Tel: 92-51-9204801-9214171
Fax 92-51-9207458
Email: publicmail@president.gov.pk

2. Mr. Syed Yousaf Raza Gilani
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

3. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfraz_yousuf@yahoo.com

4. Mr. Lateef Khosa
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

5. Mr Nasir Mehmood Khosa
Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk

6. Mr. Shahbaz Shareef
Chief Minister Secretariat
5-Club Road
GOR-I, Lahore, Punnjab
PAKISTAN
Fax: +92 42 99205065

7. Mr. Rana Sana Ullah
Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
Fax: +92 42 99212004
E-mail: law@punjab.gov.pk

8. Mr. Muhammad Ashraf
Director General
Punjab Fisheries,
2 Sanada Road Lahore, Punjab
PAKISTAN

9. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

10. Inspector-General of Police, Punjab
Police Head Office, Lahore, Punjab province
PAKISTAN
Fax: +92 42 9921006

 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

 

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-010-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.