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PAKISTAN: A human rights defender suffers an illegal and unwarranted raid by the Rangers

February 13, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-022-2012


13 February 2012
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PAKISTAN: A human rights defender suffers an illegal and unwarranted raid by the Rangers

ISSUES: Human Rights defender, threat, impunity; rule of law; human rights violation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a leader of a fisher folk rights-based movement and human rights activist was threatened with abduction and death by a Lieutenant Colonel of the Pakistan Rangers on 9 February 2012. At around midnight, 20-25 rangers cordoned off his house and entered it without any official orders. It is alleged that the owner of a factory bribed the ranger officers to take action against the human right activist who was working hand in hand with the factory workers to secure their labour rights. This act is a flagrant example of felony and lawbreaking by the law enforcement agency that should be condemned.

CASE NARRATIVE:

A troop of twenty-five rangers illegally and gratuitously raided the house of Mr. Muhammad Ali Shah, a profound human rights activist and the chairperson of a prominent civil society organization, the Pakistan Fisherfolk Forum.

On Thursday 9 February, 2012 around 7pm in the evening, Mr. Shah out of the spirit of camaraderie participated in a protest organised by the labourers of M/S MASCO (A Germen Garments Factory situated in Ibrahim Hyderi, Karachi) against the unjust and inhuman working conditions imposed by the management.

The peaceful protesters suffered a brutal crack including being fired upon from the upper floors of the building and also by direct firing by the MASCO Security team resulting in many casualties. Moreover a number of protesters were then abducted by the police. They were given no reason for their arrest. Mr. Shah condemned the criminal and inhuman acts of the factory management and unlawful support of the Police. He talked to the officials and had the labourers released.

This act of kindness towards the poor labourers infuriated the factory owner and he contacted one of his friends in the rangers named Lt. Col. Jawaid.

The Rangers already had a grudge against Mr. Shah due to his campaign against the contract system that led the Rangers to take control of various water bodies thereby preventing the fisher folk from carrying out their occupation. Lt. Col. Jawaid therefore wasted no time in taking up his friend’s unofficial complaint. The same evening he phoned Mr. Muhammad Ali Shah, abused him verbally and threatened him with kidnapping and death. He warned Mr, Shah to keep himself away from social work or get ready to bear the harsh consequences. Mr. Shah clarified him that he was not undertaking any unlawful acts and that he was only showing support to the people who are deprived, marginalized and victims of injustice.

Lt. Col. Jawaid became even angrier and sent 20-25 armed Rangers at around midnight to kidnap Mr. Shah and teach him a lesson. The soldiers cordoned off the area where Mr. Shah lives as if they were acting against some terrorist threat and raided his house without having any legal order or complaint in black and white. Fortunately, Mr, Shah was not at home at that time otherwise he might have been treated brutally before being abducted.

This is a blatant example felony, misdemeanor and favouritism shown towards a 'friend' of the Rangers. However this is not a new trend as the agencies have been implacable in their attitude towards Mr. Shah as he always stood at the forefront to defend the human rights violations by state and non-state actors.

In order to condemn this act and forestall the possible threats and assault, the Pakistan Fisher Folk Forum-PFF held a series of protests throughout the entire province of Sindh.

The Pakistan Fisher folk Forum has a very effective network of national and international friends who have always extended their full support from across the globe whenever needed. Please show your solidarity by forwarding the letter given below to the relevant authorities.

ADDITIONAL INFORMATION:

Pakistan Fisherfolk Forum (PFF) is a civil society organization. It began its struggle almost 14 years ago to advance the goal of socioeconomic and political justice for the fishermen of Pakistan. PFF known as a welfare organization has accomplished number of achievements in a short span of time which have promoted its status from a welfare organization to a ‘mass or right based organization’. Many even call it a right based ‘social movement’ of backward and marginalized fishers of Pakistan because it has strived through a true political and democratic process and has made numerous number of volunteers, including a considerable female members, across Pakistan.

Mr. Muhammad Ali Shah; the chairperson and founder of Pakistan Fisherfolk Forum is a social activist struggling for the socio-economic and political rights of the fisher folk in Pakistan. He is also the General Secretary of World Forum of Fisher Peoples (WFFP); an international alliance of 36 mass based national organizations of fisher folk working in 32 countries of all continents of the world. WFFP aims to protect, defend and strengthen the communities that depend on the fishery for their livelihood and play the role of global political organ of the same communities.

Mr. Shah has devoted his entire life struggling on a wide array of issues which are directly or indirectly associated with more than 4 million fishers in Pakistan. Not only the fishing community, but he is also advocating and lobbying for the rights of same the marginalized excluded communities like peasants, labours etc. Apart from many issues Mr. Shah is very much concerned regarding increasing depletion of natural resources in the sea, protection of resources from the use of destructive gears, releasing and rehabilitation of detained fishermen in Pakistani and Indian jails and the abolition of contract system on the inland water bodies.

On the records, in Sindh, there are 1209 fishing waters, including ponds, depressions, reservoirs, canals and Indus River. Millions of fisher and semi-fishers draw their livelihood from these fishing grounds of the province.

After the independence of Pakistan, till 90s fisher communities of Sindh had been fishing freely in lakes, ponds, depressions and in Indus River to earn their livelihoods. But the scenario got changed when rich and greedy poachers in company with state’s representatives started getting contracts through auctions of water bodies. Then the fishers’ survival rested at the disposal of landlords, bureaucrats and state’s weak laws in the fishing sector.

Sindh Government introduced contract system on the water bodies through which waters were auctioned to influential contractors and allowed to carry out fishing through fishers. The bureaucrats maneuvered the term ‘lease’ and ‘contract’ mentioned in the section 3[1] of the Ordinance 1980. In the beginning this exploitative system was introduced on few fishing lakes, however, gradually more and more fishing lakes were brought under this system, replacing fisher friendly License System.

Pakistan Fisherfolk Forum in the strong leadership of MR. Muhammad Ali Shah, had also run a massive advocacy-campaign against contract system which was wantonly suppressed by the Sindh government through Rangers in Badin.

He was also arrested by the police and the rangers for raising the awareness in the fishing communities about their rights and the means to get these rights. It was his continuous efforts and determination that the contract system was eventually abolished in Sindh province and the poor indigenous fishermen got entitlement to fish independently on the water bodies.

Due to this, rangers has always wage war against Pakistan Fisherfolk Forum and specially Mr. Shah and spare no chance to take any action against him no matter if they have to cross their legal boundaries.


SUGGESTED ACTION:

Please write the letter mentioned below, to the relevant authorities calling for prompt action against the harassment of a fisher folk activist and human rights defender. Please urge them to take action against unlawful act by the rangers officers

The AHRC writes a separate letter to the UN Special Rapporteur on the situation of human rights defenders.

To support this appeal, please click here: 


SAMPLE LETTER:

Dear ___________,

PAKISTAN: A human rights defender suffers an illegal and unwarranted raid by the Rangers

Name of victim:
Mr. Muhammad Ali Shah,
Chairman Pakistan Fisherfolk Forum (PFF)
Gen. Secretary World Forum of Fisher People (WFFP)
Karachi, Pakistan.Resident of Ibrahim Hyderi, Karachi, Sindh, Pakistan

Names of alleged perpetrators:
Lt. Col. Jawaid and the Rangers Officers on duty on February 9, 2012

Date of incident: 9th February 2012..
Place of incident: The house of the victim, Ibrahim Hyderi, Karachi, Sindh, Pakistan.

I am writing to voice my deep concern regarding the harassment and illegal, gratuitous raid at the house of Mr. Muhammad Ali Shah by the Rangers. Mr. Shah is a fisher folk activist and human rights defender and the chairperson of a very prominent civil society organization Pakistan Fisherfolk Forum. A troop of around twenty-five Rangers raided Mr. Shah's house on the 9 February.

According to the information I received, On Thursday 9 February, 2012 around 7pm in the evening, Mr. Shah out of the spirit of camaraderie participated in a protest organised by the labourers of M/S MASCO (A Germen Garments Factory situated in Ibrahim Hyderi, Karachi) against the unjust and inhuman working conditions imposed by the management.

The peaceful protesters suffered a brutal crack including being fired upon from the upper floors of the building and also by direct firing by the MASCO Security team resulting in many casualties. Moreover a number of protesters were then abducted by the police. They were given no reason for their arrest. Mr. Shah condemned the criminal and inhuman acts of the factory management and unlawful support of the Police. He talked to the officials and had the labourers released.

This act of kindness towards the poor labourers infuriated the factory owner and he contacted one of his friends in the rangers named Lt. Col. Jawaid.

I am informed that the Rangers already had a grudge against Mr. Shah due to his campaign against the contract system that led the Rangers to take control of various water bodies thereby preventing the fisher folk from carrying out their occupation. Lt. Col. Jawaid therefore wasted no time in taking up his friend’s unofficial complaint. The same evening he phoned Mr. Muhammad Ali Shah, abused him verbally and threatened him with kidnapping and death. He warned Mr, Shah to keep himself away from social work or get ready to bear the harsh consequences. Mr. Shah clarified him that he was not undertaking any unlawful acts and that he was only showing support to the people who are deprived, marginalized and victims of injustice.

According to the information I have received Lt. Col. Jawaid became even angrier and sent 20-25 armed Rangers at around midnight to kidnap Mr. Shah and teach him a lesson. The soldiers cordoned off the area where Mr. Shah lives as if they were acting against some terrorist threat and raided his house without having any legal order or complaint in black and white. Fortunately, Mr, Shah was not at home at that time otherwise he might have been treated brutally before being abducted.

I would like to emphasise that this case should not be merely taken as a violation of rules and procedures but, even more seriously as a criminal act as well as a human rights violation. It is no doubt a sheer example of felony and misdemeanor. However this is not a new trend as the agencies have been implacable in their attitude towards Mr. Shah as he always stood at the forefront to defend the human rights violations by state and non-state actors.

In order to condemn this act and forestall the possible threats and assault, the Pakistan Fisher Folk Forum-PFF held a series of protests throughout the entire province of Sindh.

I therefore, urge you to initiate an inquiry into this matter of harassment of a human right defender and fisher folk activist. I urge you to take action and prosecute the relevant personnel of the rangers, in particular, their commander, Lt. Col. Jawaid and condemn this act of sheer unlawfulness and misdemeanor.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Yousuf Raza Gillani,
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.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: sarfaraz_yousuf@yahoo.com

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

5. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026 +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com

6. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201 +92 21 920 1201 +92 21 920 1201 +92 21 920 1201
E-mail: governor@governorsindh.gov.pk

7. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

8. Mr. Justice Musheer Alam
The Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@sindhhighcourt.gov.pk

9. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043
E-mail: lukshmil@yahoo.com


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-022-2012
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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.