PAKISTAN: A trade union activist is still missing after his abduction

Dear friends, 

The Asian Human Rights Commission has received information that a trade union activist was abducted after making bail, following his support for a series of union protests. Since his abduction more than two weeks ago, various security staff at his bank have been absent from work, and the vehicle used to abduct him was the kind used by his employer. There are strong concerns for his safety. The management of the Muslim Commercial Bank has been filing cases against trade union leaders for disturbing the operations of their bank. 

CASE DETAILS: 

Mr. Imran Usman and Mr. S. M. Umer, activists of the Muslim Commercial Bank Staff Union, were arrested by Mitha Dar Police Station on October 29 regarding cases filed by the bank management against them on 28 October. They were called for disturbing the bank’s operation by illegally instigating a union protest and encouraging bank employees to participate. The protest however, was within their constitutional rights. 

After paying bail they were released at 1am on October 30. Mr. Imran returning home with friends when six to eight men in a blue Toyota van—the kind used by security staff at the bank– dragged Mr. Imran into it at gunpoint and left the area. It is a common practice of the Karachi City Police to arrest people in this manner, and witnesses thought he had been arrested by police from another station. The bank management had filed cases against him in three different police stations. Imran was in charge of circulating information between employees at different branches. 

The next day an official with the Karachi Police confirmed that Mr. Imran was not with the police and an abduction case was registered at Mitha Dar Police Station on October 31, naming security staff as suspects. Since then the suspects have not been seen at work. This has increased suspicions about the security staff, which include retired army officers Colonel Akbar Khan, Major Gul Nawaz Cheema and Captain Mohammad Haneef. 

BACKROUND INFORMATION: 

The Muslim Commercial Bank Staff Union (MCB) started its trade union activities on 13 October to lobby for salary increases, and to call for the restoration of sacked employees (including trade union activists) during and after the implementation of section 27/B of the Banking Companies Ordinance of 1962 in 1997, when the bank was privatised. During this period, more than 4,500 employees were retrenched, including messengers, drivers and other lower-ranking staff. Most of them have legally challenged their retrenchment but their cases are pending in courts. There have been industrial disputes between the MCB and the staff union since 1997. 

The MCB failed to get the help of the Sindh High Court when the union started its campaign on October 9. On 13 October the court passed a provisional order granting permission for protests, as long as they were held at least 50ft from the bank’s head office, so as to allow for the daily operations of the bank to run smoothly. The court also extended the hearing to 27 October. However the following day bank management claimed that the 50ft rule had been breached and the court–without hearing from the trade union–issued a Contempt Notice against the Inspector General of Police for allowing the union to hold its protest at the doors of the union offices. On 3 November union members challenged this before a high court judge and requested an inquiry from into the manipulation of the legal processes of the court by the bank management. The court disposed of the bank management’s petition and the union was allowed to carry on with its peaceful protests as according to the order of the October 13. 

ADDITIONAL COMMENTS: 

Section 27-B was incorporated in the Banking Companies Ordinance (BCO) during the government of Former Prime Minister Nawaz Sharif. It prohibits carrying weapons, carrying out union activities during office hours, subjecting bank officials to physical harassment or abuse, misuse of bank resources for union activities. It also prohibits non-employees from being office bearers of bank unions. 

In response, a private member bill – the Banking Companies (Amendment) Act, 2009 – was tabled by Senator Raza Rabbani in June, and is still being debated. It recommended that Section 27-B be deleted, and claims that it violates the spirit and rights conferred by article 17 of the Constitution of Pakistan 1973, as well as the charter of the International Labour Organization to which Pakistan is signatory, and the provisions of the Industrial Relations Ordinance, 2009. The latter allows for 25% of trade union members to be from outside the organisation. 

The State Bank of Pakistan (SBP) has appeared before the senate standing committee to argue that Section 27-B neither curtails the right to form trade unions guaranteed under the Constitution, nor violates instruments of international law. 

SUGGESTED ACTION: 

Please write letters to the authorities urging them to ensure the safe recovery of Mr. Imran Usman, to investigate his abduction and bring charges against those responsible. Please also express your concern about the manipulation of legal proceedings by the Muslim Commercial Bank to suppress legal union activities. 

The AHRC has also sent letter to the UN Working Group on enforced or involuntary disappearances and the Special Rapporteur on the promotion and protection of the right to freedom of opinion calling for their intervention in to the case. 

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