PAKISTAN: Protect kiln workers from torture, illegal detention and attacks 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that brick kiln owners, with the patronage of the Punjab provincial government, have been holding children, women, and men in illegal detention. Women who have been demanding compliance of the minimum wage and social security have been beaten, their clothes stripped, and their children whisked away. There has been a spurt of recent incidents of violence against kiln workers and their representatives. Trade union leader Miss Ghulam Fatima has been slapped, harassed, and threatened by office bearers of the Brick Kiln Owners Association, and that too in front of the provincial minister of labour during the National Labour Conference. In another incident, a kiln owner attacked a female worker, Miss Khursheed Bibi, tore off her clothes, and detained her in a dark room for two hours. In a latest related development, the Lahore High Court rescued 64 brick kiln workers, including 26 children, from illegal detention centers run by the owners of brick kilns. The released persons have torture marks on their bodies. High ranking police officers, deputy commissioners, and provincial ministers refuse to act against the criminal actions of the owners. On the contrary, these authorities have been siding with owners and pressurizing local police not to register complaints of kiln workers.

CASE DETAILS:
A human rights defender, Miss Ghulam Fatima, the General Secretary of Bonded Labor Liberation Front Pakistan (BLLF) was slapped, harassed and threatened by office bearers of the Brick Kiln Owners Association in the presence of the province Labor minister on April 8 in Lahore. The incident occurred during the ‘National Labour Conference’, where the Provincial Minister, Raja Ashfaq Sarwar was chief guest. During the event, a group of trade union activists complained about the incidents of violence and child abuse by the kiln owners and protested against the illegal detention centers inside the kiln factories. Suddenly, Mr. Abdul Haq, General Sectary of the Association of Brick Kiln Owners, along with his President and some henchmen, pounced on the workers and slapped Miss Ghulam Fatima. The President of the Owners Association held the President of BLLF, Meher Safdar, by his collar. The attackers abused Miss Fatima with filthy language. At the same time, henchmen attacked other workers with punches and kicks, resulting in injuries to five workers. Two workers, who were demanding the compliance to the minimum wage law of 2013 and social security cards, sustained multiple injuries. The representatives of the workers were also demanding the recovery of 28 workers abducted by the owners and kept in illegal detention centers for 25 days and counting.

The police, which was posted for security inside the conference, the Labour Minister, and other officials, did not move to stop the hooliganism of kiln owners. The representatives of the workers tried to file a case at the police station but were refused by police officials.The next day, when media carried news, the police reluctantly registered a First Information Report (FIR) against the General Secretary of the Owner’s Association and his henchmen.

The BLLF has been successful in recovering the 64 persons held in illegal custody of kin owners with the help of the  Lahore High Court. The persons bear torture marks on their bodies. These persons were missing from the past 10 to 25 days. The BLLF and workers of the factories continuously informed police high officials about the illegal detention centers and their missing family members but the police refused to aid in their recovery.

According to the BLLF, there have been continuous incidents of violence, torture, abductions child abuse, and violence against women in the recent past. These crimes prompted kiln workers to protest in front of the provincial minister.
The following is a summary of incidents:
On April 7, in the first incident, brick kiln owner Haji Liaqat Ali, along with his allies, severely tortured brick kiln worker Mushtaq, son of Khadim Hussain, and subsequently abducted him while he was in seriously injured. The police have neither recovered the abductee nor registered an FIR. Mushtaq is still missing.

In another incident, Mehar Mansha, owner of Al-Wahab Bricks Corporation, Wadana Road, Darbar Stop, Ferozpur Road Kasur, and his six henchmen, severely tortured an 8 year brick kiln worker, Master Jamshed, and pulled out his left toe nail. The same owner has kept 27 workers in his private jail for more than last 25 days. Last night, i.e. on April 16, on the orders of Sessions judge, police raided the Al-Wahab Bricks Corporation and recovered 27 workers who were found severely tortured. They were presented before the court today. However, no one has been arrested for keeping workers in illegal detention.

On April 6, in the third incident, around 6 p.m, six brick kiln workers (three of them named Imran, Abid, Ali Sher) were beaten by the accused, Allah Rakha, owner of Mayo Bricks, Shamasa Baid Road, Bhai Kot Patoki, Police Station, Patoki Sadar. Munshi Asghar and Irshad, along with more than 10 goons threatened to shoot the workers. The workers had been demanding minimum wage and social security cards. The injured workers asked the police to register an FIR, but under pressure from kiln bosses, the police refused, and, even in the medico-legal report, did not mention sections according to the nature of injuries suffered by the workers. After couple of days the police did register a case. However, the accused have not been arrested yet.

On the same day, April 6, around 6 or 7 p.m, the owner of Subhan Allah Bricks, Jamber, Multan road, district Qasoor, Mr. Sheikh Abdul Raoof, along with Munshi Arif, Munshi Zahoor, Munshi Kasur, Mahar Abdul Ghafoor (owner of Haq Bricks), Haji Sadiq (owner of Maashallah Bricks), along with eight to ten other persons (who can be identified), all armed with deadly weapons, started beating two workers Ranjha (son of Allah Ditta) and Mohammad Boota. The reason behind this violence was the desire of the owners to harass the workers in order to restrain them from proceeding with their applications for the compliance of Minimum Wage Award, 2013, which were being considered by the District Labour Officer. Both of the victims, Mohammad Boota and Ranjha, and 31 other brick kiln workers, had filed applications to the concerned District Coordination Officer (DCO), Kasur district, for the implementation of the wage award. The applications were marked to the concerned District Labor Officer, who called both the parties, workers and owners. On 5 April 2014, the brick kiln owners surrounded all the aggrieved workers / applicants with the help of armed men, at brick kiln Subhan Brick, and threatened them with dire consequence if they would dare to proceed to the District Labour Office for the hearing of their application. Earlier on 5 April 2014 itself the brick kiln workers had applied for protection from the Governor of Punjab; the Chief Minister of Punjab; the Chief Secretary of Punjab, the Inspector General of Police in Punjab, the D.C.O in Kasur and District Police Officer in Kasur. BLLF also wrote letters to higher authorities, dated 3 April and 5 April. In their applications, the workers mentioned possible threat and physical violence. But the brick kiln owners did not shy from violence, from beating the workers. The families, women and children, of the aggrieved persons are still in illegal detention of the accused, and they have not been allowed to leave the brick kilns.

Earlier, Kursheed Bibi, a female brick kiln worker, resident of Illahi Bukhash Town Sandhila, Tehsil Patooki, District Kasur, along with two of her family members was brutally beaten by brick kiln owner Chohdari Ishaque Mayoo and his cronies on March 16. They were not only beaten but also kept in illegal detention for more than two hours. The accused tore her cloths and insulted her publicly. Immediately after this incident, Khursheed Bibi informed the concerned police station and submitted an application to District Coordination Officer District Kasur. But the concerned police station has not yet lodge an FIR yet.

The Bonded Labour in Brick kilns in Punjab province is patronised and protected by the ruling party, the PML-N, and most of the Assembly members from PML-N are operating brick kilns. The police has been accustomed to victimize workers that demand their rights. There have also been incidents where high-ranked police officers have been found operating brick kilns and keeping the workers in their private torture cells. For further details, kindly see:

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-159-2008/?searchterm=pakistan%20kiln%20workers

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-139-2012/?searchterm=pakistan%20kiln%20workers

Additional Information

Around 2.3 million brick kiln workers all over Punjab are subjected to a bonded labor system. They are denied their basic fundamental rights, including social security and the Minimum Wage Award of July 2013, i.e. Rs. 740 per 1,000 raw bricks made. Workers are paid only Rs. 400 per 1,000 raw bricks. They are victimized due to their just demand for constitutional and legal rights. Workers struggle to end the bonded labour system, to ensure social security, fair wages, and a decent work environment. These demands have become life threatening for them.

Physical violence at brick kilns in District Kasur is common and widespread. Some brick kiln owners, particularly Shoeb Khan Niazi and Mahar Abdul Haq are creating a hostile environment, terror, and unrest among the workers and civil society in order to blackmail the government into allowing the continuity of the prevailing bonded labour system.

Furthermore, on April 8, 2014, during a workers conference at Avari Hotel Lahore, Mahar Abdul Haq, General Secretary Brick Kiln Owners Association became frustrated and assaulted two Executive Members of BLLF, Mr. Mahar Safdar Ali and Ms. Syeda Ghulam Fatima . An application related to this case has been filed in police station Civil Lines Lahore. But police has been reluctant to register an FIR. Mr. Karamat Ali, the Executive Director of PILER is eye witness to this incident. The background to such revengeful and hostile acts is BLLF support for the bonded labourers. Earlier on 9 March 2014, Mahar Abdul Haq and Shoeb Khan Niazi, representatives of employers, threatened BLLF staff and office bearers. In this regard, BLLF has submitted an application to the Inspector General of Police on March 10, 2014 for protection.

On 9 April 2014, the Labour Secretary of Punjab referred the cases of the brick kiln workers to D.C.O Kasur. But, when the BLLF team and one representative of the brick kiln union met with D.C.O Kasur, he refused to entertain to any description of the incidents, remained silent, and then went on to scold BLLF representatives, going on to threaten and ban the team from entering Kasur. The official stated that there is no problem at the brick kilns in District Kasur and that BLLF was working on a foreign agenda. He even refused to accept any written submissions. He appears to have harassed the BLLF team, in connivance with Mahar Abdul Haq and Shoeb Khan Niazi, the brick kiln owners.

On 12 April 2014, the Commissioner of Lahore Division took notice and called a meeting. However, he only addressed the issue of D.C.O Kasur’s behavior and never spoken about the prevention of violence and protection for the workers. The owner association continuously influences government administration and remains adamant about not complying with the law to pay minimum wage and other legal benefits to the workers.

SUGGESTED ACTION:
Please write letters to the given addresses calling on the authorities to hold an enquiry into the brutal violence and the threats to the brick kiln workers and BLLF leadership and staff members.

Please also urge them to:

Immediately release women and children in the illegal custody of brick kiln owner Subhan Bricks, Jambar Khurd, Tehsil Patoki, District Kasur.

Register criminal cases against the accused under Bonded Labor (Abolition) Act, 1992, and other relevant sections, according to the nature of the offences.

Arrest the accused immediately and recover their weapons.

Protect the remaining workers and families of the victims.

Constitute a committee of high-ranked and well-reputed police officials and judicial officers to inquire into all cases related to the bonded labor system.

Ensure immediate and strict action by the Labor department under the provisions of Bonded Labor System (abolition) Act,1992, and under the directions of Supreme Court of Pakistan.

Ensure that all brick kiln workers are paid their gazette-notified wage.

Ensure that the Provincial government and district governments take appropriate measures for the immediate release and rehabilitation of the victims and their families.
(The AHRC is writing writes a separate letter to UN special rapporteur on the Question of Torture calling for his intervention into this case.)

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