PAKISTAN: Endangered life and livelihood of indigenous fisherfolk in the Khyber Pakhtunkhwa province

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-011-2013
ISSUES: Human rights defenders, Refugees, IDPs & Asylum seekers, Right to food, Right to life, Victims assistance & protection,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding atrocities by fisheries contractors against fishermen who are raising their voice to defend their basic rights in the district of Dera Ismail Khan (DIK), Khyber Pakhtunkhwa province. It is alleged that the local police officials at Paroya Police Station and Cantonment Police Station in district DIK, are providing every support the perpetrators, who are very powerful in locality. The said contractors are regularly targeting and perpetuating violence to the indigenous fishermen, trapping them with fabricated charges, threatening their lives and leaving their lives and livelihood in complete despair.

CASE NARRATIVE:

On 28 January 2013, the fisheries contractors Mr. Ghulam Abbas Awan and Mr. Javed Bhani lodged a fake FIR, a police report, at Cantonment Police Station, in the district of Dera Ismail Khan (DIK), against local fishermen Mr. Ali Asghar son of GhulamRasool and Mr. Rahim Dad son of Muhammad Nawaz alias Foto, accusing them of not repaying a loan of 600,000 Pakistani rupees. The stationed police arrested the helpless fishermen, who claim that they do not owe any amount to the contractors. The perpetrators are threatening the lives of their families and also snatched their cattle, worth 150,000 PKR.

The issue between the fisheries contractors and fishermen in the vicinity came to blows way back when the contractors, who have sought the fisheries contract on the River Indus from Unit-2 to Ramak in district Dera Ismail Khan (DIK), Khyber Pakhtunkhwa province, started forcing the poor fishermen to work for them on strict inhuman conditions. On the refusal of the fishermen to work for very meager wages, the contractors started their vindictive tricks and trapped them with fabricated cases.

In December 2012, the same perpetrators registered a fictitious First Information Report (FIR) at Paroya Police Station, district DIK, against Mr. Ghulam Rasool alias Foto, Mr. Ali Asghar, his son Mr. Ali Raza, Mr. Muhammad son of GhulamRasool, Mr. Amir son of Ghulam Rasool and Mr. Muhammad Qasim. They were indicted for the theft of fish. All the accused fishermen were arrested and detained in the district prison for some days illegally without any charges. Later on, the contractors themselves got them released after receiving the extortion money of Rupees120,000 from the fishermen.

The vindictive activities of the contractors did not stop here and indeed still continued as there is no intervention by the government or any law enforcement agency. The local police officials, especially the Station House Officer (SHO) at Paroya Police Station and Cantonment Police Station, both in DIK, are allegedly supporting the perpetrators, who are very powerful persons locally. The perpetrators, out of resentment, are physically and physiologically torturing the fishermen through local police, threatening their lives and getting them tried in fake cases by and now leaving their lives and livelihood in complete misery.

ADDITIONAL INFORMATTION:

After the destruction of the Indus Delta in Sindh province, hundreds of Sindhi fishermen have migrated and have been living in Punjab and Khyber Pakhtukhwa provinces for years. These fishermen have no other alternative but catching fishing in order to earn their bread and butter so they are compelled to work with the fisheries contractors, as the contract system on water bodies is still prevailing in Khyber Pakhtunkhwa.

The contract system on inland fisheries goes back to British rule but after the abolishment of the system has worsened the livelihood of fishermen. In 2010, after consistent struggle and efforts by the Pakistan Fisherfolk Forum, the representative body of fishermen, the said contract system was abolished for fishing in the public water of Sindh. However, the contract systems still exist and are active in the rest of the country, including Khyber Pakhtunkhwa, and the poor fishermen are still facing the consequences. As a result, the contractors are becoming stronger and the fishermen, who are already deprived of their basic needs, are becoming poorer.

SUGGESTED ACTION:
Please write letter mentioned below to the authorities, calling for prompt action against the perpetrators. Please urge them to initiate an inquiry into the atrocities by fishing contractors and to release the arrested fishermen immediately. Please urge them to prosecute the perpetrators for making false complaints and cases, and to prosecute the local police for their alleged criminal involvement in the cases and support they give to the powerful perpetrators. The aggrieved people should be compensated and provided life and livelihood security. Please also urge them to direct the concerned authorities to take appropriate measures in order to eradicate the menace of the contract system from Khyber Pakhtunkhwa province and regulate a uniform inland fishing policy across the country to ensure justice and sustainable livelihood to the fishing community.

The AHRC is writing a separate letter to the UN Special Rapporteurs on Human Rights Defenders, right to food asking for their intervention on this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Endangered life and livelihood of indigenous fishermen in Khyber Pakhtunkhwa

Name of victims:
1. Mr. Ali Asghar son of GhulamRasool, age 22 years, resident of Ghaffar Wali Ti near Shaikh Malli, District Dera Ismail Khan, Khyber Pakhtunkhwa province 
2. Mr. Rahim Dad son of Muhammad Nawaz alias Foto, age 45 years, Ghaffar Wali Ti near Shaikh Malli, District Dera Ismail Khan, Khyber Pakhtunkhwa province

Alleged perpetrators:
1. Mr. Ghulam Abbas Awan
2. Mr. Javed Bhani

Both are fishery contractors and residents of GhaffarWali Ti near ShaikhMalli, District Dera Ismail Khan, Khyber Pakhtunkhwa province, Pakistan

3. Station Head Officer (SHO), Cantonment Police Station, District Dera Ismail Khan, Khyber Pakhtunkhwa province

Date of incident: 28 January 2013
Place of incident: Ghaffar Wali Ti near Shaikh Malli, District Dera Ismail Khan, Khyber Pakhtunkhwa province

I am writing to voice my grave concern regarding the atrocities by fisheries contractors against fishermen who are raising their voice to defend their basic rights in the district of Dera Ismail Khan (DIK), Khyber Pakhtunkhwa province. It is alleged that the local police officials, especially the SHOs at Paroya Police Station and Cantonment Police Station in district DIK, are supporting the perpetrators, who are already very powerful in locality. The said contractors are regularly targeting and torturing the indigenous fishermen, trapping them withfabricated charges, threatening their lives and leaving their lives and livelihood in complete despair.

According to the information I have received, on 28 January 2013, the fisheries contractors Mr. Ghulam Abbas Awan and Mr. JavedBhanilodged a fake FIR at Cantonment Police Station, in the district ofDera Ismail Khan (DIK), against local fishermen Mr. Ali Asghar and Mr. Rahim Dad alias Foto, accusing them of not repaying a loan of 600,000 Pakistani rupees. The stationed police arrested the helpless fishermen, who claim that they donot oweany amount to the contractors. The perpetrators are threatening the lives of their families and also snatched their cattle, worth 150,000 PKR.

The issue between the fisheries contractors and fishermen in the vicinity came to blows wayback when the contractors, who have sought the fisheries contract on the River Indus from Unit-2 to Ramak in district Dera Ismail Khan (DIK), Khyber Pakhtunkhwa province, started forcing the poor fishermen to work for them on strict terms and conditions. On the refusal of the fishermen to work for very meager wages, the contractors started their vindictive tricks and trapped them with fabricated cases.

I was informed that in December 2012, the same perpetrators registered a fictitious FIR at Paroya Police Station, district DIK, against Mr. Ghulam Rasool alias Foto, Mr. Ali Asghar Mr. Ali Raza, Mr. Muhammad, Mr. Amir and Mr. Muhammad Qasim, and they were indicted for the theft of fish. All the accused fishermen were arrested and detained in the district prison for some days since the perpetrators are powerful and allegedly have the backing of local police. Later on, the contractors themselves got them released after receiving 120,000 PKR from the fishermen.

I was appalled to learn that the malicious activities of the contractors did not stop here and indeed still continue as there is no intervention by the government or any law enforcement agency. The local police officials, especially the SHOs at Paroya Police Station and Cantonment Police Station, both in DIK, are allegedly supporting the perpetrators, who are already very powerful persons locally. The perpetrators, out of resentment, are physically and physiologically torturing the fishermen, threatening their lives and getting them tried in fake cases by and now leaving their lives and livelihood in complete misery.

I therefore urge you to initiate an inquiry into the atrocities by fishing contractors and to release the arrested fishermen immediately. I urge you to prosecute the perpetrators for creating false cases and the local police for their alleged criminal involvement in the cases, which support the powerful perpetrators. The aggrieved people should be compensated and provided life and livelihood security. I also urge you to take appropriate measures in order to eradicate the menace of the contract system from Khyber Pakhtunkhwa province and regulate a uniform inland fishing policy across the country, in order to ensure justice and sustainable livelihood for the fishing community.

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. Raja Pervez Ashraf
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. Barrister Syed Masood Kausar
Governor of Khyber Pakhtunkhwa
Governor House
Sahibzada Abdul Qayyum Rd, 
Peshawar
PAKISTAN
Email: info@khyberpakhtunkhwa.gov.pk

5. Justice Dost Muhammad Khan
Chief Justice of Khyber Pakhtunkhwa Province
Peshawar High Court 
Khyber Road
Peshawar
PAKISTAN
Fax: +92 91 9210170
Email: info@peshawarhighcourt.gov.pk

6. Mr. Amir Haider Khan Hoti
Chief Minister
Government of Khyber Pakhtunkhwa
Peshawar
PAKISTAN
Fax: +92 91 9210707

7. Dr. FaqirHussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad 
PAKISTAN 
Fax: +92 51 9213452 
Email: mail@supremecourt.gov.pk

8. Director General for Fisheries
Khyber Pakhtunkha
KPK Secretariat
Peshawar
PAKISTAN

Thank you.

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