Dear friends,
The Asian Human Rights Commission (AHRC) has received information that the wife of a nationalist, who has refugee status in Belgium, was prevented from leaving the country to meet her husband by the Pakistani authorities. The Pakistani authorities at the Islamabad airport told her that her name has been put on the exit control list by the state intelligence agencies because her husband’s activities. Her husband was granted refugee status in 2007 in Belgium and after their marriage they have met only two times. The first time was in 2009 when they were married in Nepal and second time in 2010 in Bangkok. Her visa process was pending with the Belgian authorities for three years. She has also filed a constitutional petition before the Peshawar high court, Khyber Pakhtunkhah Province due to the restriction on her right to travel.
CASE NARRATIVE:
On 30 January 2012, Ms. Zaibul Nigar, the wife of Abdul Hamid Khan resident of Gilgit Baltistan, was traveling with her brother Mr. Majeed Ullah Khan and proceeding to Bangkok through Thai Air Lines flight number TG 0350 in order to meet her husband but at Islamabad airport she was offloaded from the plane and the authorities informed her that the Federal Ministry of Interior has restricted her movements and that she was prevented from going out of Pakistan. Her brother, however, was allowed to leave. The authorities have not given her anything in writing and asked the security guards to remove her from the airport. Ms. Nigar was never informed that her name was on the exit control list and also has never been given any opportunity of a hearing in terms of Section 2 Sub-section 2 of the Exit from Pakistan (Control) Ordinance 1981. This act of the authorities at airport was against the principle of natural justice which says that no one should be condemned unheard. Ms. Nigar is a house wife and she has no record or criminal case against her. Her application for the visa to Belgium has been pending since three years.
Her husband Mr. Abdul Hamid Khan has been detained in Pakistan and tortured for running a movement for the independence of Gilgit and Batistan along with some other northern parts of the country which are at the border of China. He was also the Chairman of Balawaristan National Front (BNF) which is a popular movement in that area. He had to leave the country after he was tortured in the illegal detention centre of Pakistan’s intelligence agencies, the Inter Service Intelligence (ISI).
Ms. Nigar was told by the authorities privately that she would never be allowed to go out of the country because she is the wife of a dangerous man, Abdul Hamid Khan. Her restriction of going outside the country is in direct contravention of article 15 of the Constitution of the Islamic Republic of Pakistan which guarantees the freedom of movement of every citizen of Pakistan.
Pakistan has ratified the UN International Covenant on Civil & Political Rights and Universal Declaration of Human Rights. Under aticle 13 (1) of the Universal Declaration of Human Rights, (1948) (UDHR), states that “everyone has the right to freedom of movement and residence within the borders of each State”. Article 12 (1) of The International Covenant on Civil and Political Rights, (1966) (ICCPR), a legally binding instrument, provides for the right to liberty of movement and freedom to choose ones residence for those ‘lawfully’ within the territory of a State. This would therefore exclude irregular migrants entering a State, of which they are not a national, although migrants whose status has been regularised would be considered to be lawfully within the territory for the purposes of Article 12. A number of national constitutions reflect this provision of international law and provide citizens with the right to freedom of movement within the State. However this right may not be fully extended to migrants present within the territory who may be restricted to residing in certain parts of the country.
SUGGESTED ACTION:
Please write the letters to the given authorities asking them to immediately release the ban on Ms. Nigar’s right on traveling outside the country to meet her husband. Please urge the authorities to conduct inquiry against the Federal Investigation Agency which uses its illegal authority for restricting the traveling of ordinary citizen and misusing the pretext of Exit Control List.
The AHRC writes a separate letter to the UN Special Rapporteur on Violence Against Women calling for her intervention into this matter.
To support this appeal, please click here:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: A house wife is being prevented from leaving the country to meet her husband
Name of victim: Ms. Zaibul Nigar wife of Mr. Abdul Hamid Khan, resident of Barkolti, Tehsil Yasin, District Ghizer, Gilgit Baltistan presently residing at House No. 3, Street No. 19, Latifabad, Afghan Colony, Ring Road, Peshawar, Khyber Pakhtunkhah.
Alleged perpetrators:
1. Federal Investigation Agency (FIA) Islamabad Airport
2. Director General Immigration and Passport, Islamabad
Date of incident: January 30 2012
Place of incident: Islamabad Airport
I am writing to voice my deep concern regarding the illegal and uncalled misuse of Exit Control List to stop ordinary citizen including housewives to travel abroad for the unification of the family.
I am shocked to learn that Ms. Zaibul Nigar wife of Mr. Abdul Hamid Khan, resident of Barkolti, Tehsil Yasin, District Ghizer, Gilgit Baltistan was stopped by officials of the Federal Investigation Agency (FIA) at Islamabad Airport on January 30, 2012. She was offloaded from the aircraft without any justifiable reason. She was just told that as she is the wife of Mr. Abdul Hamid Khan who is the Chairman of Balawaristan National Front (BNF) her movements have been restricted.
According to the information I have received, Ms. Zaibul Nigar with her brother Mr. Majeed Ullah Khan was proceeding to Bangkok through Thai Air Lines flight no. TG 0350 to meet her husband but at Islamabad airport she was offloaded from the plane and the authorities informed her that the Federal Ministry of Interior has imposed restriction on her movement and she was prevented from leaving Pakistan. Her brother was allowed to go.
It is very surprising for me that the authorities have not given her anything in writing and asked the security guards to remove her from the airport. Ms. Nigar previously has never been informed of her name is on the exit control list and also has never been given any opportunity of hearing in terms of section 2 subsection 2 of exit from Pakistan (Control Ordinance 1981).
This act of the authorities at the airport was against the principle of natural justice which says that no one should be condemned unheard. Nigar is purely a house wife and she has no record or criminal case against her. Her visa application for Belgium has been pending for three years.
Pakistan has ratified the UN International Covenant on Civil & Political Rights and Universal Declaration of Human Rights. Under aticle 13 (1) of the Universal Declaration of Human Rights, (1948) (UDHR), states that "everyone has the right to freedom of movement and residence within the borders of each State”. Article 12 (1) of The International Covenant on Civil and Political Rights, (1966) (ICCPR), a legally binding instrument, provides for the right to liberty of movement and freedom to choose ones residence for those ‘lawfully’ within the territory of a State. This would therefore exclude irregular migrants entering a State, of which they are not a national, although migrants whose status has been regularised would be considered to be lawfully within the territory for the purposes of Article 12. A number of national constitutions reflect this provision of international law and provide citizens with the right to freedom of movement within the State. However this right may not be fully extended to migrants present within the territory who may be restricted to residing in certain parts of the country.
I, therefore urge you to allow Ms. Zaibul Nigar to travel out of country to meet her husband which is guaranteed by the Constitution. Please also lift the ban of her free movement through Exit Control List and allow her to enjoy her married life without any official restriction.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Asif Ali Zardari
President of Pakistan
President's Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9204801-9214171
Fax +92 51 9207458
Email: publicmail@president.gov.pk
2. Mr. Syed Yousaf Raza Gilani
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk
3. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfraz_yousuf@yahoo.com
4. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
E-mail: mail@supremecourt.gov.pk
5. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026 +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com
6. Mr. Javed Iqbal
Director General
Federal Investigation Agency (FIA)
Government of Pakistan
Headquarter, Islamabad
PAKISTAN
Fax: +92 9260863-9262548
E-mail: dg@fia.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
