PAKISTAN: The plight of fisherfolk and the law of jungle in Chashma Barrage, Punjab 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-029-2012
ISSUES: Impunity, Rule of law,
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding a series of human rights violation cases in Chashma Barrage, Mianwali district, Punjab Province. In December 2011 a fisherfolk activist and human rights defender was attacked and killed by land grabbers. Three persons were injured in the attack and they have not been provided any medical assistance by the authorities. In the latest development, over the last ten days, the contractor/land gabber and his goons have threatened and intimidated the poor fishermen in order to displace them from their land. The fishermen are being assaulted, kidnapped and tortured on a daily basis. Their valuables are being looted, their dignity is lost and their livelihood is ruined. The lives of fisherfolk including hundreds of women and children dwelling at Chashma Barrage are at stake. The perpetrators that created the situation are at large, but the champions of the law enforcement agencies and the provincial government are proclaiming good governance and are still watching the violations as silent spectators.
UPDATED INFORMATION:
In our previous Urgent Appeal we mentioned that on 4 December, 2011 the land grabbers killed an activist of the fisherfolk in the Barrage area and injured three other members of the fisherfolk community. Please see: AHRC-UAC-010-2012.
On that day 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 particularly 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.
The police and local administration have not yet taken action and have not provided protection to the fisherfolk in Mianwali district including the Barrage area.
In the latest development, on 18 August 2012 around 10 am a family, including four fishermen and one woman were traveling towards the city for some of their domestic work when the son of the contractor, Nadir Khan Niazi and his driver Muhamad Khan along with six other armed men stopped them. The perpetrators started searching their belongings and when they could not find anything, they claimed that they had been stealing fish. They abducted the fishermen and kept them in detention at the contractor’s private jail in Mianwali for two days. During this period the contractor brutally assaulted the fisherfolk, namely Mushtaq son of Ghulam Muhammad, Nazeer son of Khuda Bux, Qurban son of Owais, Ramzan son of Punhon and the woman Rehmat Mallah. He shaved their eyebrows and heads so as to further humiliate them. The fishermen were released on the condition that they leave their lands and return to Sindh province. In this situation when the fishermen reached their village they understood that they were in great peril. The villagers held a protest demonstration at Chashma Barrage. Many of the womenfolk led the procession to Kunidyan Police Station, but the SHO refused to take up the case, rather he dismissed them as the perpetrators are so powerful and influential.
The vindictive activities of the contractor did not stop but rather have continued as there is no intervention by the government or any law enforcement agency. On 27 August 2012 Munir son of Ali Muhammad along with his wife Sahib Khatoon were traveling toward Kundiyan to see a doctor when again, the contractor’s nephew Kaleemullah Khan with his armed men assaulted them and snatched their mobile phones and motorcycle.
On 30 August 2012, an old man, Khuda Bux, became the victim when he was subjected to the cruelest possible ordeal. He was made to run before a pack of dogs that bit at his legs until he was exhausted. The old man was seriously injured but not allowed to see a doctor or go out of the area to seek medical assistance, as the perpetrators have imposed a curfew in the vicinity where no fishermen can go out of the village for any reason.
These perpetrators are same people who were involved in the murder of Imam Din in December 2011 and all this is happening because of the contractor’s personal grudge.
After the destruction of Indus Delta in Sindh province, hundreds of Sindhi fishermen have migrated and have been living at Chashma Barrage for years. In order to earn their bread and butter they are compelled to work with the contractors as the contract system on water bodies still prevails in Punjab.
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 against the perpetrators. I urge you to initiate an inquiry into this matter to arrest the perpetrators and prosecute the local police for their negligence in taking timely action against the powerful people. The grieved people 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 AHRC is writing a separate letter to the UN Special Rapporteurs on the right to food and on the human rights of internally displaced persons asking for their intervention on this matter.
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SAMPLE LETTER

Dear ___________,
PAKISTAN: The plight of fisherfolk and law of jungle in Chashma Barrage, Punjab
Incident 1)
Name of victims: 1) Mushtaq son of Ghulam Muhammad, 2) Nazeer son of Khuda Bux, 3) Qurban son of Owais, 4) Ramzan Mallah son of Punhon, 5) Rahmat Mallah wife of Ramzan Mallah
Names of alleged perpetrators: 1) Haji Shafaullah Khan, 2) Nadir Khan son of Haji Shaullah Khan, 3) Muhammad Khan and 6 armed men
Date of incident: 18 August 2012
Incident 2)
Name of victims: 1) Munir son of Ali Muhammad, 2) Sahib Khatoon wife of Munir
Names of alleged perpetrators: 1) Haji Shafaullah Khan, 2) Kaleemullah Khan nephew of Haji Shaullah Khan,
Date of incident: 27 August 2012
Incident 3)
Name of victims: 1) Khuda Bux
Names of alleged perpetrators: 1) Haji Shafaullah Khan, 2) Nadir Khan son of Shafaullah Khan, 3) Kaleemullah Khan nephew of Haji Shaullah Khan,
Date of incident: 30 August 2012
Place of incident: Chashma Village, Dsitt Mianwali, Punjab, Pakistan
I am writing to voice my deep concern regarding the lack of action by the police and provincial government in the situation of the fisherfolk of Chashma Barrage, Punjab.
In December of last year land grabbers killed a fisherfolk activist in the Barrage area and injured three other persons. No action has been taken to arrest the perpetrators or provide assistance to the affected victims.
In the most recent incident I am appalled to learn that on 18 August 2012 around 10 am a family, including four fishermen and one woman were traveling towards the city for some of their domestic work when the son of the contractor, Nadir Khan Niazi and his driver Muhamad Khan along with six other armed men stopped them. The perpetrators started searching their belongings and when they could not find anything, they claimed that they had been stealing fish. They abducted the fishermen and kept them in detention at the contractor’s private jail in Mianwali for two days. During this period the contractor brutally assaulted the fisherfolk, namely Mushtaq son of Ghulam Muhammad, Nazeer son of Khuda Bux, Qurban son of Owais, Ramzan son of Punhon and the woman Rehmat Mallah. He shaved their eyebrows and heads so as to further humiliate them. The fishermen were released on the condition that they leave their lands and return to Sindh province. In this situation when the fishermen reached their village they understood that they were in great peril. The villagers held a protest demonstration at Chashma Berrage. Many of the womenfolk led the procession to Kunidyan Police Station, but the SHO refused to take up the case, rather he dismissed them as the perpetrators are so powerful and influential.
In view of the fact that the vindictive activities of the contractor did not stop but rather have continued it is disgusting that there has been no intervention by the government or any law enforcement agency. On 27 August 2012 Munir son of Ali Muhammad along with his wife Sahib Khatoon were traveling toward Kundiyan to see a doctor when again, the contractor’s nephew Kaleemullah Khan with his armed men assaulted them and snatched their mobile phones and motorcycle.
I am further appalled to learn that on 30 August 2012, an old man, Khuda Bux, became the victim when he was subjected to the cruelest possible ordeal. He was made to run before a pack of dogs that bit at his legs until he was exhausted. The old man was seriously injured but not allowed to see a doctor or go out of the area to seek medical assistance, as the perpetrators have imposed a kind of curfew in the vicinity where no fishermen can go out of the village for any reason.
These perpetrators are same people who were involved in the murder of Imam Din in December 2011 and all this is happening because of the contractor’s personal grudge.
I urge you to initiate an inquiry into this matter and arrest the perpetrators and prosecute the local police for their negligence in taking prompt action against these powerful people. The aggrieved people should be compensated and provided with life and livelihood security. The Contract system should be eradicated from other parts of the country as well in order to impede such injustice with the fishing community and to ensure their sustainable 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. 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. Mr. Lateef Khosa
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk
5. Mr. Justice Sh Azmat Saeed
Chief Justice of Punjab Province
Lahore High Court
Shahra-e-Quaid-e-Azam, Lahore
PAKISTAN
Tel: +92 42 99212951-66
Fax: +92 42 99212279
Email: webmasterlhc@lhc.gov.pk
6. Mr. Shahbaz Shareef
Chief Minister
Government of Punjab
Province
Chief Minister
Secretariat
5-Club Road
GOR-I, Lahore, Punnjab
PAKISTAN
Fax: +92 42 99205065
Email: cmcomplaintcell@cmpunjab.gov.pk
7. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov
8. 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
9. Mr. Muhammad Ashraf
Director General
Punjab Fisheries,
2 Sanada Road Lahore, Punjab
PAKISTAN
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 Update
Document ID : AHRC-UAU-029-2012
Countries : Pakistan,
Campaigns : Protect Fisherfolks - Stop the Killings and Land Grabbing
Issues : Impunity, Rule of law,