Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the abduction and torture of a human rights defender and the Chairperson of the Pakistan Fisher Folk Forum (PFF). He along with three colleagues were held hostage by subordinates of the Sindh Provincial Minister of Fisheries and Livestock, Muhammad Ali Malkani. As the culprit is a powerful Minister, Police Officers of the Ladyu Police Station have refused to file an FIR on the incident. Ordinary citizens have raised their concern over the incident. They stated that local influential persons are using their political clout to hinder activists standing up for the rights of poor fishermen.
CASE NARRATIVE:
On December 25, Mr. Mohammad Ali Shah, a prominent human rights defender and the chairman of the Pakistan Fisher Folk Forum, and his colleagues, including PFF’s Sujawal District President, Mr. Noor Muhamamd Thehmore, were surveying various lakes in Sujawal. They wanted to ascertain the extent of the illegal occupation of the lakes. Armed aides of the Provincial Minister of Fisheries, led by his brother, Shaukat Ali Malkani, attacked them. All were forcibly taken to the Provincial Minister’s residence.
Mr. Shah and his friend were kept in a private torture cell. This room was in Mr. Muhammad Ali Malkani’s house in Chhachh Jahankhan in Shahbander Tehsil of the Thatta District. Here, for four hours they were beaten and cruelly tortured. As a result, Mr. Noor Muhammad was seriously injured.
Immediately after the injured men were released, they rushed to the nearby Ladyu Police Station to lodge a complaint. However, the Police declined their request. Later, they informed other officials about the incident, but they too refused to take any action.
Mr. Shah and his colleagues were treated at the Sujawal Civil Hospital and were discharged after treatment.
According to Mr. Shah, he and his colleagues had undertaken to visit the area to help local fishermen get their wetlands back. This is in light of recent directives by the Sindh High Court. Kun Purao Lake and their wetlands were to be vacated from the possession of an influential landlord.
On 3 May 2017, PFF held a press conference and demanded action be taken against Mr. Malkani. They alleged that he had illegally occupied Kun Purao Lake that covers 1000 acres and is located in union council Ladiyoon of Shahbander taluka, Sujawal District. Speaking at the conference, Mr. Syed stated that hundreds of fishermen are being barred by the Minister from earning a livelihood from the lake.
Mr. Muhammad Ali Malkani holds the portfolio of the Livestock and Fisheries Department. He is allegedly involved in illegal encroachment on many Thatta and Sujawal lakes in Sindh Province. They are traditionally public properties and sources of livelihood for thousands of fishermen of the area. According to local fishermen, private guards are stationed at the lakes. They threaten any fisherman who dares to fish in the lakes.
Upon being denied the right to their livelihood, the fishermen approached the High Court. A Constitutional Petition was filed in the Sindh High Court. The State Counsel submitted the Petition during the hearing in which these fishermen were assured that they would be provided with protection.
On this assurance, the Court disposed of the Petition. Respondents were ordered not to harass fishermen. Both parties were at liberty to resolve their dispute in a proper forum.
The fishermen of Kun Purao Lake also filed a suit in the Court of Senior Civil Judge, Sujawal. However, until now they still remain barred from fishing. Private gunmen are stationed at the lakes on both sides. They, off and on, use different tactics to harass and intimidate the fishermen.
The Constitution of Pakistan, under Article 38, provides the right to livelihood for all citizens of the country irrespective of caste, sex, creed or race. Fishermen have historic fishing rights over this lake. They have been issued licenses under the Sindh Fisheries (Amendment Act) and Rule #3 of the Sindh Fisheries Rules 1983. Those responsible are the deputy Director of Fisheries, Thatta, and the Directorate of Fisheries, Sindh inland, Hyderabad.
According to the PFF, there are 1,209 fresh water bodies in the Province. Most of them are occupied by influential persons in the respective areas. In the past indigenous fishermen fished these lakes in small boats.
In 2011, the Sindh Assembly amended the Sindh Fisheries Act 1980, to do away with the Contract System for fishing in freshwater bodies. A licensing system was introduced and licenses were issued to each fisherman. Despite these amendments, fishermen are still prohibited from fishing on most of the lakes.
Contrary to the Court Order, local influential persons, using their political clout, re-occupied the lakes. They converted them into fish farms or personal lands. In this way they thereby displaced the Fishing Community who were denied their ONLY source of livelihood–fishing.
SUGGESTED ACTION:
Please write letters to the following Authorities. Request that they take immediate action against Mr. Muhammud Ali Malkani and that he be removed from the Ministry. Ask the Authorities to arrest Mr. Malkani and his brother for: illegal occupation of lakes in the coastal districts, running a private torture cell at his residence and abduction of activists. The Government should take responsibility and acknowledge their Duty of Care in implementing the Orders of the Sindh High Court (SHC) to remove illegal occupation of all lakes in Sindh.
The Authorities need to remove all encroachments and illegal occupations of all freshwater bodies in the Province, which are habitually occupied by members of the ruling political party.
Mr. Muhammad Ali Shah and Mr. Noor Muhamamd Thehmore must be provided with medical treatment.
The AHRC is writing a separate letter to the UN Special Rapporteur on the situation of Human Rights Defenders, calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
COUNTRY: Arrest Provincial Minister for abduction and torture of Fishemen’s leaders
Name of victims:
1. Mr. Muhammad Ali, Chairman of Pakistan Fisher Folk Forum (PFF)
2. Noor Muhamamd Thehmore PFF Sujawal President
Names of alleged perpetrators:
1. Mr. Muhammad Ali Malkani
2. Mr. Shakut Ali Malkani
Date of incident: 25 December 2017
Place of incident: Chhachh Jahankhan in Shahbander Tehsil, Thatta District, Sindh
I am writing to voice my deep concern regarding the abduction and torture of the Chairman of Pakistan Fisher Folk Forum (PFF) and his three colleagues. They were held hostage by henchmen of Sindh Provincial Minister of Fisheries and Livestock, Muhammad Ali Malkani.
As the perpetrator is an influential Minister, Ladyu Police Station Officers have refused to file an FIR of the incident. Civil society has raised their concern over the incident. They stated that local influential persons are using their political clout to hinder activists who are standing up for the rights of poor fishermen.
According to the information I received, on December 25, Mr. Mohammad Ali Shah, a prominent human rights defender and the chairman of the Pakistan Fisher Folk Forum, and his colleagues, including PFF’s Sujawal District President, Mr. Noor Muhamamd Thehmore, were surveying various lakes in Sujawal. They wanted to ascertain the extent of the illegal occupation of the lakes. Armed aides of the Provincial Minister of Fisheries, led by his brother, Shaukat Ali Malkani, attacked them. All were forcibly taken to the Provincial Minister’s residence.
I am appalled to know that Mr. Shah and his friend were kept in a private torture cell. This room was in Mr. Muhammad Ali Malkani’s house in Chhachh Jahankhan in Shahbander Tehsil of the Thatta District. Here, for four hours they were beaten and cruelly tortured. As a result, Mr. Noor Muhammad was seriously injured.
Immediately after the injured men were released, they rushed to the nearby Ladyu Police Station to lodge a complaint. However, the Police declined their request. Later, they informed other officials about the incident, but they too refused to take any action.
Mr. Shah and his colleagues were treated at the Sujawal Civil Hospital and were discharged after treatment.
According to Mr. Shah, he and his colleagues had undertaken to visit the area to help local fishermen get their wetlands back. This is in light of recent directives by the Sindh High Court. Kun Purao Lake and their wetlands were to be vacated from the possession of an influential landlord.
On 3 May 2017, PFF held a press conference and demanded action be taken against Mr. Malkani. They alleged that he had illegally occupied Kun Purao Lake that covers 1000 acres and is located in union council Ladiyoon of Shahbander taluka, Sujawal District. Speaking at the conference, Mr. Syed stated that hundreds of fishermen are being barred by the Minister from earning a livelihood from the lake.
I shoched to know that Mr. Muhammad Ali Malkani holds the portfolio of the Livestock and Fisheries Department. He is allegedly involved in illegal encroachment on many Thatta and Sujawal lakes in Sindh Province. They are traditionally public properties and sources of livelihood for thousands of fishermen of the area. According to local fishermen, private guards are stationed at the lakes. They threaten any fisherman who dares to fish in the lakes.
Upon being denied the right to their livelihood, the fishermen approached the High Court. A Constitutional Petition was filed in the Sindh High Court. The State Counsel submitted the Petition during the hearing in which these fishermen were assured that they would be provided with protection.
On this assurance, the Court disposed of the Petition. Respondents were ordered not to harass fishermen. Both parties were at liberty to resolve their dispute in a proper forum.
The fishermen of Kun Purao Lake also filed a suit in the Court of Senior Civil Judge, Sujawal. However, until now they still remain barred from fishing. Private gunmen are stationed at the lakes on both sides. They, off and on, use different tactics to harass and intimidate the fishermen.
The Constitution of Pakistan, under Article 38, provides the right to livelihood for all citizens of the country irrespective of caste, sex, creed or race. Fishermen have historic fishing rights over this lake. They have been issued licenses under the Sindh Fisheries (Amendment Act) and Rule #3 of the Sindh Fisheries Rules 1983. Those responsible are the deputy Director of Fisheries, Thatta, and the Directorate of Fisheries, Sindh inland, Hyderabad.
According to the PFF, there are 1,209 fresh water bodies in the Province. Most of them are occupied by influential persons in the respective areas. In the past indigenous fishermen fished these lakes in small boats.
In 2011, the Sindh Assembly amended the Sindh Fisheries Act 1980, to do away with the Contract System for fishing in freshwater bodies. A licensing system was introduced and licenses were issued to each fisherman. Despite these amendments, fishermen are still prohibited from fishing on most of the lakes.
Contrary to the Court Order, local influential persons, using their political clout, re-occupied the lakes. They converted them into fish farms or personal lands. In this way they thereby displaced the Fishing Community who were denied their ONLY source of livelihood–fishing.
I, therefore, urge you to take immediate action against Mr. Muhammud Ali Malkani and that he be removed from the Ministry. The authorities must arrest Mr. Malkani and his brother for: illegal occupation of lakes in the coastal districts, running a private torture cell at his residence and abduction of activists. The Government should take responsibility and acknowledge their Duty of Care in implementing the Orders of the Sindh High Court (SHC) to remove illegal occupation of all lakes in Sindh.
The Authorities need to remove all encroachments and illegal occupations of all freshwater bodies in the Province, which are habitually occupied by members of the ruling political party.
Mr. Muhammad Ali Shah and Mr. Noor Muhamamd Thehmore must be provided with medical treatment.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Shahid Khaqan Abbasi
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111,
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk
2. Mr. Murad Ali Shah
Chief Minister of Sindh
The Government of Sindh Province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
3. Federal Minister of Interior Affairs
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com
4. Minister For Human Rights
Through Secretary, Ministry of Human Right
ministry of human rights
State Life Building No. 5, Blue Area, Jinnah Avenue, China Chowk,
Islamabad
Tel: 051-9216620,
Fax: 051-9216621,
Email: secretary@mohr.gov.pk
5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk
6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
7. Mr. Anwar Sial
Home Minister,
Government of Sindh
Barrack 79, Pakistan Secretariat
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1
E-mail: secy.home@sindh.gov.pk
8. Justice Majida Rizvi
Regional Directorate of Human Rights,
Block no. 5, Sindh Secretariat No.4-A, Frere Road, Karachi.
Ph: 92-21-99205835
Fax: 92-21-99205837
Email: justicerazvi@hotmail.com
9. Ms. Anis Haroon
Member, National Commission for Human Rights, Government of Pakistan
State Life Building No. 3, Dr. Ziauddin Ahmed Road, Karachi, Pakistan
Phone No. +92 21 99201638
Fax: +92 21 99201641
Email: anisharoon4@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
