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GENERAL APPEAL (Pakistan): Sindh provincial government's deliberate negligence to protect the Hindu religious minority

October 6, 2006

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

6 October 2006
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UG-020-2006: PAKISTAN: Sindh provincial government's deliberate negligence to protect the Hindu religious minority
   
PAKISTAN: Violation against religious minority; suppression of the freedom of religion and belief; discrimination; police's collaboration with the culprits; impunity; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the recent repression of Hindu religious minorities by Muslim extremists in Karachi, Sindh province, Pakistan. In particular, the local police has not only refused to record the complaints from the victims and launch investigations into the incident, but also actively collaborated with alleged perpetrators into these crimes. No action has yet been taken by the Sindh provincial & Pakistan federal governments to correct this matter.   

DETAILED INFORMATION:

There is a century old residential compound of the Hindu community in Lyari town of Karachi, Sindh province, which was constructed in 1901, where more than 100 houses of the Hindu community are located and an old temple with the name of Shiv Mander. This compound is exclusively earmarked for Hindus by the government of Sindh province under the Evacuee Property Act 1957. This Evacuee Property Act was formed for transfer of property for those Hindu and Muslim people who migrated to India and Pakistan following Pakistan's independence from India. The Hindu residents of the compound are paying rent to Pakistan government under a 1958 agreement which is administered under the auspices of the Evacuee Property Act 1957. The Act prohibits a person(s) who was granted a land, from selling it.   

However, with the help of Baghdadi police in Kakri ground, Lyari town, land grabbers have been forcibly evicting residents in this compound. As a result, only 35 families are left. The Muslim extremists and Baghdadi police are also allegedly forcing the Hindu residents to sign on the residential document that subsequently gives the right of using the land to the land grabbers in exchange for a very little amount.

In July and August 2006, a local Union Council member with a minority seat named Mr. Aanwal Das who resides in the same compound was threatened several times by the Baghdadi police and Muslim extremists to vacate the compound of its Hindu community. He several times to make representation to higher authorities including the Chief Minister of Sindh province about the forced eviction of the community but all his representations went in vain. To date, no action has yet been taken by any of the local government's authorities to address this matter.

Beside this, Baghdadi police reportedly allow the Muslims to slaughter the cows inside the compound’s walls to insult Hindu religion and scare the community. The police have also taken over the Shiv Mander temple and transformed it into a place for Muslim worship. Furthermore, whenever there are any Hindu religious ceremonies, like Holy, Deewali, Janam Ashtmi or the birthday of Shiva Jee, inside the compound, the Muslim extremists throw stones and filth to stop the functions and the police do not intervene at all to stop these acts.

The AHRC was also informed that several Hindu girls have been reportedly raped within the compound but the Baghdadi police showed no willingness to register the cases. For example, in April 2006, Baghdadi police received a complaint regarding the kidnapping and rape of a Hindu girl by an alleged Muslim rapist named Javed Qasai. However, instead of arresting him, the police forced the girl's family to settle the matter with the perpetrator and basically allowed him to leave the compound freely.

Forced and coerced conversions of religious minorities to Islam occur at the hands of societal actors. Several human rights groups have highlighted the increased phenomenon of Hindu girls, particularly in Karachi, Sindh province, being kidnapped from their families and forced to convert to Islam. Pakistan government action to stem the problems is inadequate and actually these incidents take place through the help of local administrations. According to the All Pakistan Minority Alliance, this year has already seen roughly 25 girls from the Hindu community allegedly forced to convert to Islam in the province of Sindh. The method of choice to convert the girls who are abducted is to have them marry within the Muslim community.

In one case, on 18 October 2005, 3 daughters namely Rina (aged 20), Oosha (aged 25) and Reema (aged 17) of a Hindu couple residing in the Punjab Colony, Karachi, Sindh province, disappeared. After lodging an inquiry with the local police, the couple discovered that their daughters were abducted by Muslim extremists, taken to a local madrassah where they were converted to Islam.

However, the Frere police refused to register the case of abduction lodged by the parents. On 22 October 2005, with the efforts of Mr. Javed Burqi, an advocate of a local human rights organization named the Human Rights Commission of Pakistan, the father of the kidnapped girls had his case finally registered with the police as First Information Report (FIR) no. 144/2005.  However, since the alleged kidnappers Mr. Jahan Zeb, Mr. Faisal and Mr. Abid had connections with the police, they had secured bail before they were even arrested and therefore were never brought into custody.

The three kidnapped girls were later forced to marry their kidnappers at a seminary called the Darul Uftad Binori. The parents were not allowed to meet their daughters. On 3 November 2005, the Judicial Magistrate South 4, Karachi then passed an order to Frere police to arrange the meeting for the parents with their children. The police were then allegedly threatened by the seminary administration to desist from such actions. Mr. Javed Burqi once again filed an application of contempt of court and on November 10 the court ordered the police to make an arrangement of meeting otherwise they would be held in contempt of court.

On 11 November 2005, the parents were allowed to meet their daughters for one hour at the seminary Darul Uftad Binori. However, when Mr. Sono and his wife went to see their daughters at seminary with police, the whole area was cordoned off by the armed guards of the seminary, where the parents were then teased by the armed officials. The meeting was allowed for only 15 minutes, which was held under the watchful eye of 5 male and 1 female officers from the seminary and 5 policemen. At no time were the daughters not allowed to talk separately with their parents. Since then, the whereabouts of the three forcibly converted women is still unknown and the police have not made any attempt to find these girls and arrest the perpetrators.

The authorities still have not inquired these incidents even though Hindu religious minority groups and human rights organisations have lodged several protests. The AHRC observed that continued serious forms of discrimination and attacks against religious minorities in Pakistan are allowed to take place due to direct collaboration with the alleged perpetrators or apparent inaction from the police and local administration. Not only the Hindu minority but also other religious minorities are targeted with serious attacks (Please refer our appeal on recent suppression recent suppression of Ahmadi sect of Islam in Punjab province: UG-017-2006).

We strongly urge the Pakistan government to strictly enforce the laws to protect rights of religious minorities in the country and take strong measures against law enforcement officials who collaborate with the alleged perpetrators or fail to take proper action into the concerned cases.  

SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand their immediate intervention into the aforementioned incidents. Please also urge them to set up strong measures against Baghdadi police and police and administration officials who are proven to be involved in the cases.

To support this appeal, please click:

Sample letter:

Dear ____________,

PAKISTAN: Sindh provincial government's deliberate negligence to protect Hindu religious minority

I am writing to bring your urgent attention regarding the Baghdadi police's alleged collaboration with the alleged perpetrators in series of attacks on over 100 Hindu families living in a century old residential compound in Lyari town of Karachi, Sindh province, Pakistan.

According to the information I have received, even though the concerned compound is exclusively earmarked for Hindu families by the Sindh provincial government under the Evacuee Property Act 1957, land grabbers have been forcibly evicting residents in this compound with the help of Baghdadi police in Kakri ground, Lyari town. As a result, only 35 families are left. I was also informed that Baghdadi police themselves are also helping the Muslim land grabbers by allegedly forcing the Hindu residents to sign on the residential document in exchange for a very little amount, which subsequently gives the right of using the land to the land grabbers. 

In July and August 2006, a local Union Council member with a minority seat named Mr. Aanwal Das, who resides in the same compound, several times made representation to higher authorities including Chief Minister of Sindh province about the forced eviction of the community but all his representation went in to vain. Tol date, no action has yet been taken by any of the local government's authorities to address this matter.

I was also shocked to learn that the Baghdadi police reportedly allow the Muslims to slaughter the cows inside the compound’s walls to insult Hindu religion, and also take over the Shiv Mander temple and transformed it into a place for Muslim worship. I was further informed that the Baghdadi police showed no willingness to register several rape cases of Hindu girls within the compound. For example, in April 2006, Baghdadi police received a complaint regarding the kidnapping and rape of a Hindu girl by an alleged Muslim rapist named Javed Qasai. However, instead of arresting him, the police allowed him to leave the compound freely.

In fact, this is yet another incident of serious of discrimination and attacks on Hindu religious minorities in Sindh province, Pakistan. According to the All Pakistan Minority Alliance, this year has already seen roughly 25 girls from the Hindu community were allegedly abducted and forced to convert to Islam in Sindh.

One good example is a case of 3 daughters namely Rina (aged 20), Oosha (aged 25) and Reema (aged 17) of a Hindu couple, who were abducted from their house in the Punjab Colony, Karachi, Sindh province on 18 October 2005. In this case, the Frere police delayed to register the case until one human rights advocate intervened into the case (FIR no. 144/2005). However, the alleged kidnappers Mr. Jahan Zeb, Mr. Faisal and Mr. Abid had secured bail before they were even arrested with help of the police and therefore were never brought into custody.

On 3 November 2005, the Judicial Magistrate South 4, Karachi then passed an order to Frere police to arrange the meeting for the parents with their children. On November 10 the court again ordered the police to make an arrangement of meeting otherwise they would be held in contempt of court. On 11 November 2005, the parents were allowed for only 15 minutes, which was held under the watchful eye of 5 male and 1 female officers from the seminary and 5 policemen at the seminary Darul Uftad Binori. At no time were the daughters not allowed to talk separately with their parents. Since then, the whereabouts of the three forcibly converted women is still unknown and the Frere police have not made any attempt to find these girls and arrest the perpetrators.

I observed that continued serious forms of discrimination and attacks against religious minorities in Pakistan are allowed to take place due to direct collaboration with the alleged perpetrators or apparent inaction from the police and local administration. I therefore strongly urge you to order a prompt, full and independent inquiry into the concerned cases and ensure that alleged perpetrators are accountable for their crimes. I also urge you to take strong action against officers of Baghdadi police and Frere police who are responsible for their direct involvement in illegal attacks on Hindu minorities and failure to investigate the incidents and arrest the alleged perpetrators. Lastly,I strongly urge the Government of Pakistan to strictly enforce the laws to protect rights of religious minorities and take strong measures against law enforcement officials who collaborate with the alleged perpetrators or fail to take proper action into the concerned cases.  

Yours truly,


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SEND YOUR LETTER TO:

1. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 920 1201
E-mail: governor@governorsindh.gov.pk

2. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: + 92 21 9202000

3. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

4. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
Government of Pakistan
S Block
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk

5. Mr. Mohammad Ijaz ul Haq
Minister of Religious Affairs
Zakat & Ushr Wing
Near GPO, Islamabad
PAKISTAN
Tel: +92 51 921 4856
E-mail: minister@mra.gov.pk or infor@mra.gov.pk 

6. Ms. Asma Jahangir
UN Special Rapporteur on the right to freedom of religion or belief
Attn.: Anthony Cardon
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPPORTEUR ON THE RIGHT TO FREEDOM OF RELIGION OR BELIEF)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal General
Document ID :
UG-020-2006
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.