PAKISTAN: A human rights defender working on fishermen’s rights was killed by land grabbers 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a fisher folk activist and human rights defender was attacked and killed by land grabbers in December 2011. Three persons were injured in the attack and they have not been provided any medical assistance by the authorities The police were reluctant to file a case of murder against the land grabbers and it was only after a protest from the community that they were compelled to file an FIR against the perpetrators. However, after two months only one henchmen of the perpetrators has been arrested and those who remain at large continue to grab more land with the help of local police. The local fishermen and farmers are being displaced and their livelihood is almost ruined.

CASE NARRATIVE:

Imam Din‘s family is one of the other families who had to leave their lands to secure their livelihood. In 1972, they migrated from district Sanghar, Sindh to Kudiyan, Punjab and started working with a contractor named Haji Shafaullah Khan Niazi to catch fish on Chashma to earn their bread and butter.

Imam Din was a kind and brave man having a good reputation amongst the villagers, one who always stood against the unlawful decisions of the contractor. He had a great affiliation with Pakistan Fisherfolk Forum. On raising his voice against those malpractices, the contractor, his nephew and mobsters started their bitter hostility towards him. They eventually expelled Imam Din from the village along with his entire family.

Imam Din forced to migrate and started living in Paharpur District D. I. Khan near Chashma Barrage. He bought 32 acres of land near his living place and started farming to feed his family. Though he was apart from them his association with the poor fishermen never weakened, he continued to support them. The culprits started harassing Imam Din to leave his piece of land, which he bought and threatening him in an effort to hinder his actions against their unlawful practices, but failed.

On December 4, 2011 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 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. They killed Imam Din and after confirmation of his death, they fired into the air in jubilation and told everyone that the main obstacle was taken care off. Imam Din’s death was an example for others so that no one would raise their voice against their brutality.

The police registered the FIR submitted by the brother of the deceased Imam Din, Mr. Muhammad Ashraf at the Police Station Kundiyan district Mianwali.

Although the police have launched an investigation into the case registered unfortunately, after the passing of almost two months the police have arrested only one criminal named Muhammad Hussain who confessed to his part in the offense. The remainder of the culprits is still at large and the delay in justice may well result in the killing of other fishermen who raise their voices for their rights.

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 in the killing of a fisher folk activist and human right defender. Please urge them to arrest the perpetrators and prosecute the local police for its negligence in taking prompt action against the powerful people. The deceased’s family 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 displaced indigenous fishermen must be rehabilitated to their original places with the provision of all basic facilities of their livelihood.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Human rights defender calling for his intervention into this matter.

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