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PAKISTAN: A trade union leader and his brother are murdered during strike negotiations

July 8, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-099-2010



8 July 2010

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PAKISTAN: A trade union leader and his brother are murdered during strike negotiations

ISSUES: Labour rights; impunity; trade unions; murder,
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a trade union leader and his brother have been gunned downed by unidentified men during strike negotiations. Mr. Mustansar Randhawa was leading protests against low wages, poor working conditions and the intimidation of workers in Punjab power loom mills, and had been engaged in state-led mediation with the owners just hours before he was shot dead outside his office. The deaths have added to the environment of intimidation faced by labour activists and human rights defenders in Pakistan, and the government must offer reassurance and protection through the conduct of an immediate, thorough investigation and the prosecution of those proven responsible.

CASE NARRATIVE:

Mr. Mustansar Randhawa (pictured), 35, was a well known organizer of power loom workers across three Punjab districts: Faisalabad, Jhang and Toba Tek Singh. He had formed the Labour Quomi Movement to organize workers and help to raise their employment conditions. Most loom workers work 10 to 12 hour days for less than the minimum wage, and without benefits; many have reported victimization from violent thugs in the area near the LQM office, in the form of beatings, extortion and fabricated cases. The aggressors reportedly operate on the estate grounds with impunity, and claim the patronage of the mill owners. Randhawa had spoken of being threatened and intimidated by mill owners and their supporters during the past few years

The Labour Qaumi Movement called its latest strike on 5 July. Led by District Coordination Officer (DCO) Mr. Saeed Iqbal Wahela, representatives of the owners of the power loom factories met those of the striking workers, including Randhawa, on the same day. At approximately 1.30am we are told that the DCO closed the meeting until the next day, and that Randhawa and his associates agreed to call off the strike until a conclusion was reached.

Later that morning Randhawa held a meeting with strikers at his office in the Small Industrial Estate on Sargodha Road in Faisalabad, until shortly after 12 noon. We are told that most of the workers then left the office, and that Randhawa's elder brother, Naseer Randhawa, arrived to meet him. Witnesses report that a car carrying two persons then stopped outside the office and a gunman opened fire on the two men with an AK47. Both brothers died on the spot; an office secretary was able to take cover in an adjacent room. The attackers, who remain unidentified, fled the scene.

There are currently concerns that a thorough, immediate and impartial investigation may not be carried out due to the influence wielded by the power loom mill owners in the province. This would be damaging both to the owners, who stand popularly accused of arranging the crime, and to the unions in the district, which already operate in an environment of impunity and intimidation, and feel unprotected by the government.

The workers have resumed their strike in the three districts, and are demanding that the matter be credibly and quickly taken up by police.

ADDITIONAL INFORMATION:

There are around 250,000 power loom factories in Faisalabad, Jhang and Toba Tek Singh, supporting more than 600,000 workers. During the 5 July strike unionists demanded a wage increase of 17 percent, which would bring it in line with recommendations made by the Minimum Wages Board. Owners expressed reluctance to increase the wages.

Randhawa was also a leader for the districts textile workers in the National Trade Union Federation (NFTU), where he had was successful in working through various negotiation breakdowns.

SUGGESTED ACTION:

Please write to the authorities below reminding them of the responsibility to protect human rights defenders and union activists against intimidation, and to thoroughly investigate crimes against them.

The AHRC has written to the Special Rapporteur on the situation of human rights defenders calling for intervention into this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

PAKISTAN: A trade union leader and his brother were gunned down by the henchmen of the power looms factory owners

Name of victim:
1. Mr. Mustansar Randhawa, 35; founder of the Labour Quomi Movement, and a leader in the National Trade Union Federation (NFTU), working at the small Industrial Estate, Faisalabad, Punjab.
2. Mr. Naseer Randhawa; Mustansar's elder brother

Date of incident: 6 July 2010
Place of incident: Small Industrial Estate on Sargodha Road in Faisalabad, Punjab

I am writing to express my deep concern about the daylight murder of a trade union leader and his brother during strike negotiations. The deaths have added to the environment of intimidation faced by labour activists and human rights defenders in Pakistan, and the government must offer reassurance and protection through the conduct of an immediate, thorough investigation.

I am told that Mr. Randhawa, was a well known organizer of power loom workers across three Punjab districts: Faisalabad, Jhang and Toba Tek Singh and had formed the Labour Quomi Movement, as well as leading textile workers in the National Trade Union Federation (NFTU). Many of the workers he helped to organize work for less than the minimum wage and without benefits, and have reported victimization from violent thugs in the area near the LQM office, in the form of beatings, extortion and fabricated cases. The aggressors reportedly operate on the estate grounds with impunity, and claim the patronage of the mill owners.

Randhawa had spoken of being threatened and intimidated by mill owners and their supporters during the past few years.

The Labour Qaumi Movement called its latest strike on 5 July, and organizers met with representatives of the owners of the power loom factories that day, led by District Coordination Officer (DCO) Mr. Saeed Iqbal Wahela. I am told that the meeting was going to be continued on 6 July, and that beforehand, Randhawa held a meeting with strikers at his office in the Small Industrial Estate on Sargodha Road in Faisalabad, until shortly after 12 noon.

Witnesses report that a car carrying two persons then stopped outside the office and a gunman opened fire on Mr. Randhawa and his elder brother, Naseer Randhawa with an AK47. Both brothers died on the spot; an office secretary was able to take cover in an adjacent room. The attackers, who remain unidentified, fled the scene.

There are currently concerns that a thorough, immediate and impartial investigation may not be carried out due to the influence wielded by the power loom mill owners in the province. This would be damaging both to the owners, who stand popularly accused of arranging the crime, and to the unions in the district, which already operate in an environment of impunity and intimidation, and feel unprotected by the government.

The workers have resumed their strike in the three districts, and are demanding that the matter be credibly and quickly taken up by police.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

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

2. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfraz_yousuf@yahoo.com

3. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

4. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk

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

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

7. Mr. Tariq Saleem
Inspector-General of Police, Punjab
Police Head Office, Lahore, Punjab province
PAKISTAN
Fax: +92-42-99210064

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Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-099-2010
Countries :
Issues :
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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.