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UPDATE (Pakistan): Sindh government ordered gang-rape victim to vacate safe-house

March 27, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

26 March 2007

[RE: UA-039-2007: PAKISTAN: Young girl allegedly raped by 11 persons and paraded naked]
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UP-043-2007: PAKISTAN: Sindh government ordered gang-rape victim to vacate safe-house

PAKISTAN: No protection to rape victim; threats by ministers; impunity to perpetrators
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a 16 year-old female gang-rape survivor has been allegedly ordered by the police to leave the safe-house where she and her family have been staying in Sindh province, Pakistan. The police allegedly threatened the victim to vacate the property on 26 March 2007, despite the fact that half the alleged perpetrators involved in the assault are still free. If the victim is released from the shelter, it is very likely that the alleged perpetrators will attempt to assault her again and may even try and kill her. The AHRC has also learned two members of the Sindh provincial cabinet are allegedly forcing the police to vacate the family from the safe-house since the victim's presence in the city is making problems for government because they still have not apprehend the perpetrators. Meanwhile, the alleged perpetrators have apparently organized an illegal tribal court, Jirga, to punish the victim for damaging their reputations. Considering the practice of Jirga, the AHRC is deeply concerned that the victim's life will be in great danger if she goes back to her village.  

UPDATED INFORMATION:

On 27 January 2007, a 16 year-old girl named Miss Nasima Labano was raped by 11 men in Habib Labano village, Union Council Lagho, Ubaro Town, Ghotki District, Sindh province, Pakistan (For details, see also: UA-039-2007). When the local community and human rights organisations began protesting against failed action by the police to arrest the alleged perpetrators, the governor of Sindh province brought the young girl to Karachi to calm the protesters and show the provincial government's sympathy for the victim. The government of Sindh, on the instruction of the governor, then provided an apartment to the victim's family within the police residential quarters at Police Headquarters in Karachi. However, after staying only one and a half month's at the residence, the family has been now ordered by the provincial home ministry to vacate the house and go back to their village.

The eviction notice, which was given by the home ministry of Sindh province, was allegedly supported by Minister Mr. Laghari, who ordered the move after the case began drawing unwanted attention on the government's inability to catch the perpetrators. After the Minister Laghari voiced his opinion, an advisor to the Chief Minister of Province on Home affairs named Mr. Waseem Akhtar, who is also the in-charge minister of provincial home affairs, allegedly commanded the police to take action and vacate the family.

This eviction is taking place despite the fact that the victim and her family are scared that if they go back to the village the rapists who still have not been arrested will try to kill or rape her again. The government has only been able to arrest 5 out of the 11 alleged perpetrators. Among them who are not arrested are allegedly the close men of one Sindh provincial minister named Mr. Nadir Akmal Khan Laghari, who is also providing shelter to the rapists.

Meanwhile, it has also been discovered that the alleged perpetrators have arranged an illegal tribal court Jirga to try the victim. They have accused the victim of giving them a bad name to their tribe and therefore must punish the girl according to tribal customs. The AHRC is therefore deeply concerned that the victim's life is in great danger if she is forced to go back to her village. 

As soon as we received this information, one AHRC staff contacted the high rank officials of the police headquarter in Karachi on March 26 and appealed the officials not to vacate the victim and her family. Due to our timely intervention, the scheduled evacuation of the victim's family was stopped. However according to the latest information received, the victim and her family again received an instruction from the Home Department today that they have to vacate the house as soon as possible otherwise their luggage will be thrown out from the police residential quarters in coming days.  

SUGGESTED ACTION:

Please urgently write to the relevant authorities listed below and demand that the victim and her family be provided shelter in Karachi city and be given protection from the provincial ministers and the perpetrators.

To support this appeal, please click:

Sample letter:

Dear _______,

PAKISTAN: Gang-rape victim is ordered to vacate safe-house by government and now fears for her life  

Name of the victim:
1. Miss Nasima Labano, aged 16, daughter of Mr. Hamzo Mohammad, the resident of Habib Labano village, Langho Union Council, Ghotki district, Sindh Province, Pakistan
2. Miss Nasima Labano's family
(They are currently staying within the police residential quarters at Police Headquarters in Karachi, Sindh province, Pakistan)
Name of alleged perpetrators:
1. Mr. Abdul Sattar Labano, the father of the perpetrator no. 2 (main suspect); allegedly the close man of Mr. Akmal Khan Laghari, Minister of Irrigations of Sindh provincial government
2. Mr. Mohammad Anwar Hussain Labano (arrested)
3. Mr. Moor Zado (arrested)
4. Mr. Abdul Jabbar (arrested)
5. Mr. Munawar Hussian (arrested)
6. Mr. Khadim Hussain Labano
7. Mr. Ali Hassan
8. Mr. Shah Baig
9. Mr. Shabeer Loung
(All the men above are the residents of Habib Labano village, Langho Union Council, Ghotki district, Sindh Province, Pakistan)
10. Another two men by Labano caste living in Habib Labano village
11. Mr. Akmal Khan Laghari, Minister of Irrigations, Sindh provincial government, Karachi city, Sindh province, Pakistan
12. Mr. Waseem Akhtar, in-charge minister of provincial home affairs, Sindh province
Place of incident: Allegedly raped at House of one perpetrator Mr. Abdul Sattar Labano in Habib Labano village; within the police residential quarters at Police Headquarters in Karachi
Date of incident: Allegedly raped on 27 January 2007; ordered to vacate the residential quarters from 26 March 2006 to date

I am writing to voice my grave concern over the recent move by the government in Sindh Province to evict a 16 year-old gang rape victim and her family from a safe-house within the police residential quarters at Police Headquarters in Karachi City, Pakistan. I am totally shocked that the Sindh provincial government would expose this victim to more danger knowing perfectly well that the many of the alleged perpetrators (including the prime suspect) are still at large. 

According to the information I have received, the eviction notice, which was given by the home ministry of Sindh province, was supported by Mr. Akmal Khan Laghari, Minister of Irrigations of the Sindh provincial government, who ordered the move after the case began drawing unwanted attention on the government's inability to catch the perpetrators. After the Minister Laghari voiced his opinion, an advisor to the Chief Minister of Province on Home affairs named Mr. Waseem Akhtar who is also the in-charge minister of provincial home affairs, allegedly commanded the police to take action and vacate the family.

I understand that this eviction is taking place despite the fact that the victim and her family are scared that if they go back to the village the rapists who still have not been arrested will try to kill or rape her again. The government has only been able to arrest 5 out of the 11 alleged perpetrators. Among them who are not arrested are the close men of the said provincial minister Laghari who is allegedly providing shelter to the rapists. Meanwhile, it has also been discovered that the alleged perpetrators have arranged an illegal tribal court Jirga to try the victim. They have accused the victim of giving them a bad name to their tribe and therefore must punish the girl according to tribal customs. Considering the brutal practice of Jirga, I believe that the victim's life will be put in great danger if she is forced to go back to her village.  

I am informed that the victim and her family are still staying at the police residential quarters as of March 27. However, on March 27 the victim and her family again received an instruction from the Home Department that they have to vacate the house as soon as possible otherwise their luggage will be thrown out from the police residential quarters in coming days.  

I am extremely concerned for the safety of this young girl. Not only does this irresponsible act demonstrate the government's lack of compassion for the victim, it also highlights their inability to conduct proper and effective police investigations. The government must be held accountable for their actions and protect this victim. If anything malicious happens to this young girl, I will personally hold the Sindh government responsible for their inability to safeguard the citizenry. I also strongly urge you to take all possible measures to make the allegedly perpetrators accountable for their crime.    

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. 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)

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

3. Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92-21-9213220
Email: info@sindhhighcourt.gov.pk
 
4. Dr. Ishrat UL Ibad
Governor of Sindh province
Karachi
PAKISTAN
Tel: + 92 21 920 1201

5. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
Email: cs.sindh@sindh.gov.pk 

6. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Email: secy.cpsd@sindh.gov.pk

7. Secretary of Local Government abd Katchi Abadis
New Secretariate
Government of Sindh
Karachi, Sindh province
PAKISTAN
Tel: +92 21 921 1921
Fax: +92 21 9212977
E-mail: secy.lg@sindh.gov.pk 

8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92-51-9213770
E-mail: registrar@supremecourt.gov.pk

9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-043-2007
Countries :
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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.