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Human
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Human rights in Balochistan and Balochistan's rights Report of a fact-finding mission: October 2003
Introduction The
Human Rights Commission of Pakistan (HRCP) has been taking various
measures to apprise itself of the state of human rights in the province
of Balochistan. The provincial chapter at Quetta keeps a watch on
developments, positive as well as negative, that have any bearing on the
basic rights of the people. It organises, among other activities,
fact-finding missions as and when warranted by circumstances.
Investigations into human rights violations of local nature are
regularly carried out by district core groups and activists. Their
reports are published in the monthly Jehd-i-Haq, of which a combined
Balochi-Pushtu edition is also published. In 2001 when large parts of
the province were hit by drought the HRCP chairperson Afrasiab Khattak
himself led an inquiry mission. Every two years or so the HRCP Council,
the organisation's executive body, meets in Quetta to enable its members
to gain first-hand knowledge of the ground reality and interact with the
leaders of public opinion and the provincial civil society. However, the
need for continuous overseeing of the human rights situation in
Balochistan, as in other parts of the country, can hardly be gainsaid. In
October 2003 the commission decided to organise a highpowered
fact-finding mission to undertake a broad survey of the human rights
situation over a sizeable area of the province. The mission was led by
the HRCP Secretary-General, Ms Hina Jilani, who is also the UN
Secretary-General's Special Representative on Human Rights Defenders,
and included 13 other members of the Council. The mission was divided
into five teams that visited Gwadar, Turbat (and Tump), Khuzdar, Loralai
and Quetta. (See Annexure I) The members of
the teams met a large number of people in the administration, as well as
representatives of political parties, lawyers, journalists, and social
activists, to elicit their views on a broad range of issues of concern
to them. A preliminary mission statement containing a summary of its
findings was released to the media on October 26, 2003. (See Annexure
II) A more detailed report of the mission's findings and
recommendations is given in the following pages. HRCP
is conscious of the fact that its mission may not have been able to
cover each and every issue of concern to the people of Balochistan and
that some of the matters it tried to address demand further study and
analysis. However, it has decided to release this report because it does
touch upon quite a few issues that have been agitating the minds of the
conscious sections of Balochistan society. These issues call for urgent
remedial action by the state and the civil society
both
if they are
not to be allowed to develop into serious and dangerous causes of discontent. A
large number of people responded to the call of the mission at short
notice and freely gave of their time. HRCP thanks them for their kind
and generous support and acknowledges their contribution to the
furtherance of the cause of human rights. The whole of Balochistan, as
usual, was a wonderful host and HRCP hopes to be able to savour more of
its hospitality and its candid discourse.
Report
summary and recommendations
1.
Public discourse in Balochistan is largely dominated by memories of
injustices the people believe they have suffered throughout their
history as a unit of the Pakistan federation. The collective mind set
has strong elements of self-righteousness, anger, frustration and
cynicism. Outsiders have difficulty in establishing their credentials as
bonafide democrats or human rights activists. Even the slightest
instance of discrimination or deprivation, real or imagined, revives the
Balochistan peoples' memories of the circumstances in which their
princely states were absorbed into Pakistan, the merger of the states
and what was called the British Balochistan, the formation of the One
Unit, the betrayal of the Sardars by the Ayub regime, the non-implementation
of the 1973 Constitution, the military offensive of the seventies, et
al. Their feeling of alienation has been accentuated by some recent
developments, such as exclusion of the provincial authority from the
local government scheme and the mega projects and non-acceptance of
their demands for control over their resources and for a due share in
the state's divisible income. The
measures required to end the Balochistan people's alienation lie in the
political field, but human rights activists cannot ignore the factors
contributing to the present situation. The people's right to democratic
governance and participation in it and their right to control over their
resources are basic human rights. Besides, lack of respect for these
rights adversely affects the people's realisation of other human rights,
particularly the right to the rule of law, the right to development and
the right to enjoy key social, economic and cultural rights. It is therefore necessary to attempt a breakthrough in meeting Balochistan’s aspirations for provincial autonomy. Its people must be enabled to realise that they are indeed an equal amongst the federating units of the country. This must be a high priority agenda for both the state and the civil society. 1.
a) Balochistan's grievances about denial of control over its natural
resources and lack of benefit from their exploitation have not yet been
fairly addressed. Balochistan
s grievance is that the royalty on gas determined in 1973 was assessed
on the basis of tentative income in 1953. Different provinces are paid
for gas at different rates. The rate allowed to Balochistan is Rs. 36.65
per million BTU, while Punjab is allowed Rs 80-190 per million BTU and
Sindh 2.4 US dollars per million BTU. Royalty to the province is allowed
at the rate of 12.5 per cent. The Federal Government also charges gas
development surcharge and central excise duty from consumers, which is
collected by the Federal Government and placed in the divisible fund.
Balochistan therefore demands that the royalty formula should be
rationalised and that all provinces should be paid for their gas at a
uniform rate. Another complaint is that the Federal Government
progressively increases
the central excise duty
on the
consumer bills but this money instead
of being paid to the provinces is collected by the Federal Government
and is put into the divisible pool. This deprives Balochistan and other
provinces of their rightful share of royalty. Therefore Balochistan
demands that the practice of levying surcharges on different pretexts
may be discontinued. 1.
b) The policy of keeping democratic elements on a tight leash and
refusal to concede the essentials of provincial autonomy has tended to
strengthen the tribal system. The Sardars continue to influence the
justice system and the working of the police. The Sardari system will not disappear unless the grievances related to provincial rights are removed. So long as this does not happen the people will continue to bear the load of archaic social structures despite their manifest unhappiness with them. 2.
Balochistan suffers from lack of a uniform and effective system of
justice. The multiplicity of judicial systems devalues the quality of
justice, adds to difficulties in securing redress and aggravates
problems of access.
Although Balochistan is under a uniform civil and criminal code
justice is dispensed by various categories of judicial officers. Qazis
in some districts exercise jurisdiction under Dastoor Amal Diwani Kalat
while in other districts the Qazis exercise the same type of
jurisdiction under Balochistan Civil Disputes {Enforcement of Shari a}
Regulation 1976. The Qazis in spite of years of experience have not
developed a sense of dispensation of justice. Their judgments lack
reasonableness and judiciousness. Therefore it was generally demanded
that adequately qualified judicial officers may be appointed instead of
the Qazis. Without
this the citizens will not be able to enjoy their basic right to equal
protection of and equality before law. 2
(a) Complaints of harassment by Coastguards, special police (such as
Frontier Constabulary and levies) are legion and there is considerable
anxiety that the new police system will strengthen local despotism. . The entire law and order machinery in Balochistan needs to be revamped and the notion that a tribal society does not deserve the due process must be expeditiously buried. The role of Coast guards, Frontier Corps and Civil Armed Forces should be redefined and the capacity of the supervisory echelon to ensure discipline and probity enhanced. The same applies to the levies, even if this institution cannot be dispensed with. In the elite-dominated society of Balochistan, the new police law will demand greater attention than elsewhere in the country to safeguard against abuse of authority by police officials either on their own or in collusion with local government leaders and or criminals. 2
(b) The condition of jails, police lock-ups and judicial lock -ups is
quite bad. The worst sufferers are juveniles and illegal immigrants (who
enter Balochistan in sizeable numbers). Steps
need to be taken to end overcrowding in jails. The under-trials should
be guaranteed easier and effective access to speedy trials and grant of
bail where judicial lock-ups are at far off distances from the place of
trial. The health facilities in jails require improvement. A special
mechanism should be evolved to ensure quick disposal of alien detainees'
cases and their repatriation to home countries. 3.
The increase in military' presence in the province is viewed with
suspicion by a preponderant majority, to a greater extent than elsewhere
in the country, as a deliberate effort to undercut the people's right to
participate in governance. There is widespread resentment against
proposals to establish a string of new cantonments in the province.
These plans are generally viewed as an attempt to 'subjugate' the people
by muzzling their voices. The
dangers of militarization of the people cannot be exaggerated.. Even a
minimum degree of respect for the history of Balochistan demands that
any extension of defence establishments in the province should be
subject to double scrutiny and it should be undertaken only after
convincing the people of its justification. The need to reduce the
military’s presence in jobs traditionally and rightly reserved for
civilians is even greater in Balochistan than in other provinces. 3
(a) The subservience of the administration and even the legal system to
intelligence agencies causes a great deal of hurt to the people. The
worst affected are obviously the under-privileged. The
expanded role of intelligence agencies and lack of clarity in laws from
which these services draw their legal authority has caused widespread
discontent. The functions of intelligence agencies and their
interference in civil administration needs to be stopped. Many of their
activities have no place in a democratic and rights-based legal
dispensation. 4.
The women of Balochistan constitute by and large a disadvantaged lot.
Segregation, restraints on mobility, denial of freedom to choose their
spouses or education courses and vocations contribute to a climate of
oppression that appears more visible than elsewhere in the country. At
the same time one notices significant signs of awakening and new-found
confidence among them. It
is necessary to accelerate the process of social development in
Balochistan by increasing opportunities for meaningful education. Where
new institutions are set up due attention must be paid to the
requirements of teachers and essential teaching aids. 5.
Balochistan can legitimately take pride in its tradition of religious
tolerance and fair treatment of the minorities. However, there are signs
of weakening of this tradition at several places, as evident in cases of
abduction / conversion of women belonging to minorities, invocation of
the blasphemy law, exclusivist tendencies in the management of
graveyards, and denial of jobs. All
instances of discrimination should be promptly addressed. The law and
order authorities must be under strict orders to protect the life and
liberty of minority citizens and special efforts must be made to protect
their rights to education, health and employment. 6.
Unemployment is already a serious problem in Balochistan and the
situation will get worse as more educated young men and women seek entry
into the labour market. Even those who do get jobs are more than
normally vulnerable to exploitation. There is urgent need to enlarge employment opportunities in Balochistan and stricter regulation of wage standards and due enforcement of labour laws including those that guarantee normal trade union activity. 7.
The education and health services are inadequate and poorly maintained.
Schools and hospitals are poorly staffed and badly equipped. They need
to be upgraded by providing more qualified staff and the necessary
equipment. The
education and health departments must draw up a time-bound programme to
remove the deficiencies in educational and health institutions. 8.
Frequent complaints are heard that relief operations undertaken in the
wake of natural calamities are inadequate or relief promised is not
delivered. Nothing
alienates a people more than indifference to their plight caused by
flood or drought or famine. Relief packages must be delivered promptly
and in adequate measure. 9.
The mega-projects (such as the Gwadar Port Project) present a host of
problems. The people have legitimate grievances regarding irregularities
in land records, difficulties in getting ownership titles recognised and
corrected, inadequate arrangements for people threatened with
displacement, disregard for communities' traditional vocations and
non-recruitment of local workers, and a fear of disenfranchisement as a
result of influx of skilled labour from outside Balochistan. There
is an urgent need to remove the Balochistan people s
grievance against exclusion from the planning and execution of mega-projects.
The land ownership issues should be expeditiously resolved. Nobody
should be deprived of home or vocational opportunities without adequate,
fair and satisfactory (to the affectee) compensation and rehabilitation.
It may be a good idea to attach a high-placed official to each
mega-project who should deal with local community s concerns
related to justice, human rights and environment.
Right
of participation and control over resources The
HRCP teams noticed discontent almost everywhere in Balochistan because
of the widely shared perception of the people's exclusion from public
affairs. They felt deprived and ignored. The political activists only
articulated, often in bitter terms, the feelings of nearly all sections
of the civil society. Strident
criticism was heard of the mega-projects in the Mekran division - such
as the Gwadar Deep Sea Port, the Mirani Dam, the Coastal Highway and
establishment of cantonments. The main grounds were: exclusion from
planning, implementation and benefits; denial of due opportunities of
employment; apprehensions about the motives of the federal government
and the military leadership; land-grabbing and fear of change in
Mekran's political status; and fear of ethnic imbalance in Gwadar and of
the Baloch being turned into a minority in the region. While
talking to the HRCP teams the local representatives rejected all
arguments in support of employment of outsiders on the ground of lack of
skills and technical know-how among the locals. According to them it was
wrong to entrust port management almost completely to the Navy who were
not technically qualified or trained for handling all port functions.
They argued that before big projects were launched, human resource
development plans should have been carried out and skills and expertise
developed at the local level. They complained that the Baloch and other
local people were not hired in any significant number even as unskilled
labour. The
most important conclusion the HRCP mission reached is that the public
mind has been greatly strained by what it considers a prolonged denial
of its due share in national affairs. The people are sore about the
disintegration of its broad nationalist forums and the failure to
deliver of those who sought share in power with the federal authorities.
The people have been left to wallow in a mix of harsh realities on the
ground and strong perceptions of their grievances. It does not seem
completely true that popular perceptions about major projects are
decisively influenced by the agenda or rhetoric of nationalist political
parties / groups. The people observe and specifically refer to policies
and measures that indicate a deliberate policy of concealment,
withholding of information and the exclusion of local political forces
and even administration from planning, decisions, and management of
projects in Balochistan. Reports of plans to set up a string of
cantonments in the province generate fears of further erosion of
provincial autonomy. Lack of transparency fuels public apprehensions of
pandering to foreign economic and political interests at the cost of
Balochistan people's interests, and marginalisation of the local
communities. The
nationalist sentiment among the population did not appear to have been
diluted by the oppressive tribal / sardari system. The tendency to treat
social and political issues in separate contexts in terms of people's
relationship with Sardars was quite marked - that is, the oppression of
the sardari did hurt the people but they supported the Sardars in
political matters. At the same time the popular stance on political
issues was detem1ined by deprivation felt by ordinary citizens. Acute
resentment against central government and the military edicts led to
resistance to any moves that smacked of greater central control. Rule
of law, access to justice i)
In Turbat and Tump, the people generally displayed a sense of
insecurity. A lack of confidence in law enforcement agencies and in the
judicial system was widely shared. At
Turbat and Tump the people expressed dissatisfaction with the judicial
system, comprising the Dastur-ul-Arnal Diwani and the Qazi courts for
all civil matters. Dissatisfaction with the treatment of land settlement
cases, where irregularities and corrupt practices of the settlement
staff was widespread, was a general complaint. Confidence
in the Qazis' competence was found at a low level. They were said to be
lacking in professional qualifications and training. As a result their
decisions were said to be flawed. The bar claimed to have repeatedly
demanded the repeal of the existing system and application of the Civil
Procedure Code through normal civil courts. The establishment of family
courts was especially urged. An instance of judicial anomaly was
presented in Turbat when it was said that a man could be jailed for
stealing a hen, while perpetrators of serious crimes enjoyed immunity.
At Khuzdar HRCP was told that there were instances when women
were not allowed entry into Qazi courts. It was also alleged that
juvenile courts had been notified but the law was not being implemented. Complaints
of courts being inadequate were common. The sole sessions judge at
Turbat dealt with cases from several districts. The absence of a
sessions court at Gwadar was a major issue with the population of that
district as they had to travel about 200 kilometers to reach the
sessions court at Turbat. The
Chief Justice of the Balochistan High Court, who kindly found time to
receive an HRCP team, expressed satisfaction over expeditious disposal
of criminal cases in Balochistan. He described in detail the new system
of monitoring of court work in the districts. In Turbat, delay in trial
of criminal cases was not noticed as a matter of as much concern as
elsewhere in the country. The trial period was said to be two to six
months. However, access to justice was considered expensive. At
Khuzdar the Rasheed Azam (ajournalist) case was raised by a number of
people. The causes of grievance, besides his arrest on a vague report,
were delay in the submission of challan (after two months), inexplicable
delay in decision on his bail plea, and violation of the principle of
open trial (Rasheed Azam's father was allegedly denied entry into the
court). While
some people in Turbat were of the view that financial corruption in the
judiciary was somewhat on a lower scale than in other parts of the
province, a majority did not agree. At Khuzdar it was
argued that the erosion of the judiciary's independence had adversely
affected the electoral process. Interviews
with prisoners in Turbat revealed that legal representation was
generally not available to the accused. In a number of cases convictions
were based on confessions, in the absence of legal defence, sometimes
even in cases of murder. The sessions judges did acknowledge the lack of
legal defence but conducted and concluded trials in the absence of legal
representation as lawyers could be engaged at state expense only in
murder cases. In rare cases, lawyers had extended legal aid at
individual level. No legal aid system had been established by the bar. Lawyers The
lawyers who met the HRCP teams generally called for genuinely democratic
governance and provincial autonomy. The Khuzdar bar association
representatives maintained that constitutional disorder was a major
cause of human rights violations. They also criticised arbitrary changes
in the constitution and concessions to extra-parliamentary authorities. The
small lawyers community at Loralai (eight members of the bar
association) appeared to be a happy lot. The disposal of cases was quite
fast. The pendency level at the district courts (a District and Sessions
Judge, Civil Judges, magistrate and Qazi courts) was low as a number of
cases were settled by jirgas or other community forums. The lawyers
complained that posts in the administration, especially the police, were
dominated by people from outside the province. They were quite critical
of the extraordinary powers wielded by the tribal elite that monopolised
jobs in the education and health sectors and the people suffered. District
administration A
strong feeling of resentment against proposals to establish new military
cantonments was noticed at all places visited by the HRCP teams. For
instance the army presence in Khuzdar district was quite visible. An
army brigade was stationed at a large cantonment. The brigade commander
firmly denied any interference in administration since the installation
of a civilian government. His instructions were to withdraw from
administrative matters and the army monitoring cells had been
discontinued. However, he said the members of the public continued to
approach the army for redress of their grievances and even for the
provision of civic amenities. Only a few people believed that in
practice the district administration had become free of the military's
influence. Military
control over decisions was manifest. The Corps Commander of Balochistan
on a visit to Turbat was quite active. He held regular meetings with the
members of the district administration and heard public problems /
complaints to provide redress. The
Tehsil Nazim in Loralai complained of lack of clarity in the local
bodies system and also of undue interference by the provincial
authorities. The population in mofussil areas (less than half of the
district population) had problems in accessing both administration and
courts because of long distances involved. Jails The
HRCP team visited the district jail in Turbat. It had 126 prisoners (capacity 90) - 71 convicts
(all men), including seven in death cells, and 55 under-trials. A part of the jail had been earmarked
for women but it had neither a prisoner nor a warden. There had been
occasions when a single female prisoner was housed in the jail, guarded
by men. There was one juvenile convict (drug charge). There was no
problem of transporting the under-trials to courts. The condemned
prisoners were under 24-hour restraints. Medical facilities were poor.
Several prisoners contested the officials' statement that each prisoner
was medically examined at the time of admission. There was no woman
doctor at the jail. In case a female detainee needed medical attention,
she would be sent to the DHQ Hospital. The jail staff said they had no
special instructions regarding juvenile detainees. At
Khuzdar, it was said that the Giddani jail was notorious for violence
against women detainees. At the time of HRCP visit the murder of a woman
in this jail was being hotly discussed in public. Investigations were in
progress. There were no women's or children's wards at the district
jail. The
jail in Loralai had more detainees (95) than its capacity (75). The
convicts numbered 49 and the rest (46) were under trial. The detainees
included seven juveniles and one woman (facing trial under an Hudood
Ordinance). The juveniles were not receiving the benefits of the
Juvenile Justice System Ordinance. The jail had no doctor. Once a
week the jail was visited by a doctor from the district hospital. Some
of the under-trials complained of delays in appeal stages. The convicts
said they did not have facilities for pursuing studies. At
the Mach Central Jail the HRCP team found 991 prisoners as against the
capacity for 600 prisoners. All of the prisoners were convicts - 135 on
the death row, 28 foreigners, and 818 serving different periods of
sentence. Most of the under-I8 convicts had been tried on drug-related
charges. Numerous
complaints of illegal detention by the police, illegal confinement
before securing remand, and torture in custody were heard in Turbat and
Tump. Complaints
against the coastguards were a legion. Everywhere they were accused of
harassing travellers at pickets set up ostensibly to check drug
trafficking and smuggling in other goods. These complaints related to
coastguards' high-handedness, lack of respect for human dignity, and
extortion (especially from those engaged in smuggling daily utility
items/consumer goods to and from Iran). Access to senior officials was
difficult. The
people generally complained of a rise in crime. They also complained of
lack of protection against criminal elements and the oppression of the
tribal elite. The police officials disagreed. For instance, the Turbat
DPO claimed the people's sense of security would increase following the
recent police success in busting criminal gangs. He admitted the tribal
elite wielded considerable influence but its members were called to
account if they indulged in high-handedness. According to him the police
in Balochistan was 'miskeen' and not like the Punjab police. The people
were docile and the police was not aggressive. There had been no death
in custody. Criminal gangs A
most serious instance of gang-power was noticed at Khuzdar. A group of
criminal elements had taken over the circuit house where it held court,
issued summons in writing, extorted protection money, and tried to
settle disputes through terror tactics. The police, district
administration and intelligence agencies were believed to be protecting
the group. At least they did little to end its criminal activities,
though several complaints had reportedly been made by the victims. It
was also alleged that if any member of the gang was arrested he was
forcibly taken out of the police station. The group was said to enjoy
the backing of Sardars and the tribal elite. In
Loralai, the presence of a large body of Afghan refugees (said to be
about 20% of the city's population) many of them having acquired
Pakistan papers, was said to pose economic and law-and-order problems.
It was generally believed that crime and use of illegal weapons had
increased after their arrival. The predominantly Pashtun population of
Loralai bordered with Baloch-majority districts. The threat of clashes
between Lunis (Pakhtuns) and Marris (Baloch) over mining operations was
recognised by all, but the authorities had done nothing to resolve their
disputes. Activities
of intelligence agencies Complaints
of intelligences agencies' (ISI in particular and also MI) interference
in governance and administration were vigorously voiced in Khuzdar. It
was alleged that the intelligence agencies were protecting criminal
elements involved in kidnapping for ransom and drug trafficking. Another
allegation was that the intelligence agencies supported religious
parties and promoted their interests. Two
cases in Khuzdar were cited as examples of intelligence agencies'
influence over police and their interference with the justice system.
One involved the arrest and detention on vague charges of
journalist-activist Rashid Azarn, and the denial of due process to him.
In the other case Khan Mohammad Ghulamani was arrested for snatching a
motor-bike from intelligence personnel. He was detained at an
intelligence office for four days after which his dead body was found
abandoned. It was said that diyat money was quietly paid to the victim's
family when the matter became a public issue. Journalists At Khuzdar,
journalists complained of lack of respect for freedom of expression. The
nationalist papers were denied government advertisements. One proprietor
could not find a press to print his daily and had to close it down. The
journalists said they were intimidated by tribal Sardars as well as the
intelligence agencies. The information officials regularly offered press
advice. Example: The publications were told to give maximum coverage to
the Prime Minister's speech against the nationalist elements. In another
instance they were told to give minimum coverage to Nawab Khair
Bakhsh Marri's statement. Drug
trafficking Trafficking
in drugs was found to be a major issue in the Turbat district. Large
quantities of narcotics are believed to be dumped in Turbat and Tump
before being transported across the border with Iran. There were
widespread complaints of collusion between the drug mafia and the
police, Frontier Constabulary, the Anti-Narcotics Force, and the
Coastguards. The people were generally fed up with the drug traffickers
who operated quite openly but were afraid of retaliation if they
complained. It was said that the police and the other concerned agencies
leaked out informer's identity to the drug mafia. In some cases drug
addicts had pointed out links in the trafficking chain but no clampdown
followed. It was strongly alleged that journalists who had taken
pictures of drug traffickers' operations and dens were called by the
police and warned against taking such pictures. Several journalist in
Turbat asserted they had informed the police chief of a drug mafia's den
but it was still functioning. They had also told the District Nazim
about it. The latter had said he had neither the power nor the resources
to deal with drug traffickers. He could only open a rehabilitation
centre but was doubtful of its sustainability. The
Turbat district police chief blamed the people for not coming forward to
give evidence in drug-related cases. He acknowledged the risks faced by
witnesses against the powerful drug barons, but stressed their moral and
social responsibility to fight crime. He could accept no responsibility
for protecting them. Drug
addiction, even amongst women, appeared to be on the rise. Known cases
were limited to those arrested. Several deaths in custody had been
reported mostly caused by absence of detoxification facilities. While
one or two such facilities were pointed out, there were no public or
private (NGO) centres for the rehabilitation of addicts. Several
journalists in Turbat asserted they had informed the authorities of
these deficiencies. Rights
of the disadvantaged
Minorities Mekran
seems to have retained its tradition of tolerance. The Hindu and
Christian minorities display no visible feelings of insecurity. The
Zikris had suffered persecution in the past, largely at the hands of
orthodox Sunni clerics who were pursuing political gains through religio-political
parties, but they did not feel threatened now. The level of tolerance is
attributed to the strength of political groups in the region. However,
the minorities do complain of neglect. The Christian community
considered domicile a major concern for them. There was no graveyard for
Christians in Turbat (80-85 families) and their dead were buried in
Muslim graveyards at night under police protection. The Hindu community
was targeted in the wake of the Babri mosque's demolition. Compensation
was promised but not paid. The temples that were destroyed were however
rebuilt and the government made a financial contribution (some money was
given). However, though appearing insecure the members of the minority
communities were cautious in their interaction with the HRCP team. Some
of them voiced protest at what they described as the demeaning attitude
of authorities towards them and the disdain with which their pleas were
received. At
Khuzdar, the members of the Hindu community complained of problems in
getting visas for India and pressed for the opening of the land route
through Sindh (Khokhrapar). It was said that there was not a single
Hindu in government service in the whole district although they had some
doctors / engineers in their community. The community had suffered
losses in 1992. One person was killed. Compensation had been promised
but not given. The government had given some money for reconstruction.
The community did not consider itself targeted though it shared the
feeling of insecurity of the rest of the population. Forced conversions
were not an issue. The community considered itself part of the Ba1och
struggle for their rights. The
Christian community at Khuzdar complained of domicile problems and
discrimination in many areas. They were too poor to claim social rights
and got only low-paid jobs. When government,
quarters
were repaired their quarters were ignored. They apprehended qabza over
their graveyard. Their demand for a colony of their own had not been
accepted. However, they praised the climate of religious tolerance which
had not been affected even by the war in Afghanistan. The
representatives of the 50 odd non-Muslim families in Loralai did not
mention any serious problem. They said relations with the majority
community were peaceful and amicable. They had their places of worship
and managed their affairs in a climate of harmony. In 1992 a Hindu
neighbourhood was attacked in the wake of the Babri Mosque demolition.
Six persons were killed, about 15 houses were burnt and valuables
looted. The local Muslims helped in the recovery of jewellery and money
but the government failed to pay the compensation it had promised. Women The
woman in Turbat appeared to enjoy more freedom than elsewhere in the
country, but their social rights seemed restricted as elsewhere.
Restrictions on mobility were compounded by deficiencies in the
transport system. Forced marriages were not uncommon. Segregation was
not a part of the traditional culture but the trend in its favour had
become stronger over the recent past due to the growing influence of
extremist clerics. One of the consequences of this trend was curtailment
of economic opportunities for women. The
oppression of the Sardari system was more pronounced in Khuzdar. Forced
marriages and child marriages were reported to be common, education and
employment opportunities for women were extremely limited. No woman
participated in any of the meetings the HRCP team held in Khuzdar.
Registration of marriage was not a practice in Turbat, HRCP was told. At
Khuzdar, too, HRCP was told that segregation of women was a relatively
new trend. Women's major concerns were said to be denial of social
rights, clerics' opposition to girls' education, child marriages and
lack of employment opportunities. In
Loralai, women were invisible in social life. Workers The
trade unionists in Khuzdar criticised the IRa and complained of absence
of consultation with Baloch unions. The workers were denied rights
allowed by law and terms of employment were arbitrarily determined by
the employers. Many irregularities in the mining sector were pointed
out. The employers were not making their contribution to joint funds and
the workers' welfare fund was donnant. Contract labour (not local) was
employed and use of bonded labour system was alleged. Unemployment At all places visited
by the HRCP teams, the problems caused by unemployment and lack of
employment opportunities were highlighted. At Turbat and Tump
HRCP was told that many graduate and matriculate men and women had been
seeking employment in vain. A
70-member association in Khuzdar working for the people's right to work
mentioned many problems faced by the jobless. The officials were
indifferent to the plight of the unemployed. The Bait-ul-Mal declined
them help while it dispensed charity allegedly on lists of bogus
claimants. Promises of employment by the military rulers had not been
honoured. Social
and cultural rights Education For
the people of Turbat lack of educational facilities was the most
critical denial of their basic rights. 52 villages were said to be
without schools. The budget, staff and education facilities at colleges
and schools were considered inadequate. Some people complained that
although the Federal Education Minister was from their area they had not
noticed any significant advance in the education sector. The high school
in her village did not have a headmaster. Four other schools too were
without headmasters, and one had been recently appointed. The degree
college had 3,000 students but inadequate facilities. There was no woman
teacher at the degree college. 24 posts of lecturers were vacant at the
college for boys. A woman teacher at Tump alleged that teachers and
students were exploited by institutions' administration. The high school
at Mand had no science teacher. Often, it was said, posts of teachers
were created but not filled. At Khuzdar, some
young men complained that there were doubts about the permanence of the
local university and a large number of seats had been given to Quetta
(affecting the district quota). Many seats at the university remained
unfilled. The Lecturers' Association alleged that college premises were
not properly maintained. A degree college for boys and an intermediate
college for girls were in a dilapidated condition. There were no
residential facilities for lecturers. Public interest in higher
education for girls had increased but there was no hostel for them and
no facilities for the female staff. An inter-college at Awaran had
been set up in a jungle, far away from the town. There were no
facilities for lecturers. There was no electricity either. The
government residential college (boys) at Loralai was praised for its
standard of teaching but its expenses were considered somewhat higher
than people's means. Similar observations were made about a high school
and an inter-college for girls. Health In
Turbat, there was one District Headquarters Hospital for a population
of650,000 people while there were six rural health centres and 52 basic
health units, and some health centres had been set up by NGOs. The HRCP
team was told there had been no allocation for medicines for three
years. The facilities at the hospital were far from satisfactory. Out of
the four gynaecologists at the hospital, three were away on training and
the fourth was absent from duty till 11 a.m. Nurses and Lady Health
Visitors were attending to delivery cases. The women who had travelled
from far flung areas felt unhappy and frustrated. Their anxiety level
was high. The X-ray unit had no films. However, mv test facilities were
available and doctors took the initiative to raise funds through public
donations to run the laboratories. The
public concerns voiced before the HRCP team included: anxiety over the
local maternal mortality rate being the highest in the world; absence of
LHVs in the rural areas; significant incidence of malaria and
communicable diseases and lack of eradication measures; water shortage,
impurities in drinking water and unhygienic conditions near wells. Similar
complaints were heard at Khuzdar. The DHQ Hospital was said to be poorly
equipped. There was no gynaecologist and LHVs looked after delivery
cases. The staff was non-cooperative. Maternal mortality was high. Disaster
management At
several places HRCP heard complaints that those affected by natural
disasters did not receive adequate or timely succour. At Khuzdar, the
hardships faced by the drought/famine affectees were specifically
stressed. It was said that relief packages were inadequate. The
provincial government was urged to provide relief over longer periods. In
Loralai, which depends almost solely on agriculture and fruit /
vegetable cultivation, seven years of drought had played havoc with the
local economy. A large number offruit trees had died. Many families were
forced to abandon their farms and homes. The provincial government built
a few dams but these were found inadequate. The relief promised by the
federal government did not fully materialise. Archaeological
sites and cultural relics: There was no say for the local community in the preservation of such sites. Cultural relics from Shahi Jumbh, Balinagar and Dasht had been expropriated by unauthorised people.
The
Gwadar mega-development project was one of the most significant causes
of public agitation in Balochistan in the autumn of 2003. The main
grounds of criticism that the HRCP mission heard were: exclusion of the
people and their representatives from the planning and execution of the
project, irregularities in settlement of land titles, land-grabbing by
outsiders, neglect of the traditional interests of the fishing
community, indifference to the rights of the people threatened with
displacement, inadequate representation of the local people in the new
work-force, and the local community's fears of being swamped by settlers
from other parts of the country. Those who rejected this criticism
argued that some price had, after all, to be paid for development. They
further accused the critics of being opposed to development. The latter
assertion was vigorously repudiated by all the people HRCP met. While
much of what has been said about Turbat, Khuzdar, and Loralai in the
earlier part of this report applies to Gwadar too, the port city
presented quite a few problems peculiar to it. Hence, HRCP has decided
to add a separate chapter on the Gwadar issues. Hafiz
Husain Ahmad,
MNA and an important MMA leader, said everybody in Balochistan was
interested in the development of Pakistan and Balochistan. Thus, no-one
could take exception to development plans for Gwadar. However, in the
past Gwadar had attracted speculators and exploiters. The way lands were
grabbed and settlements planned aroused serious misgivings. Many people
had bought land for peanuts and were now selling it at the price of
gold. MMA had therefore directed the Local Government Minister to cancel
the allotment of plots, especially those falling under the Singhar
scheme. There were also fears that the local population would be turned
into a minority. The Balochistan Governor was replaced because he had
opposed the grabbing of Gwadar resources. The MMA wanted that primacy be
attached to the interests of the people of Gwadar and the Mekran coast
just as it wanted the interest of the Chaghi people protected under the
Saindak project. As a matter of principle, all mega-projects in
Balochistan must be under the control of Balochistan's representatives. Hafiz
Husain Ahmad also emphasised the need for protecting the rights of
Gwadar's fisher-folk. They had been struggling against heavy odds for a
long time and it would be wrong to ignore their interests. They should
be provided with modem fishing equipment. They needed modem boats so
that they could compete with foreign entrepreneurs publish
the list of landowners. But this had not been done. Mr
Mujibur Rahman,
Advocate, said he was appearing in three .cases in which local people
had sought reversal of fraudulent entries of their lands in other
people's names. The staff of the Additional Sessions Judge had arrived
in Gwadar but no building for his court was available. As a result the
litigants had to go to Turbat, 200 kilometers away. He said that as the
settlement record was inaccessible to the people, a large number of
people did not know that their lands had been transferred to other
people (by officials who took bribes). The
HRCP team called upon the Gwadar EDO (Revenue), Mr Abdul Hafeez
Hote to ascertain his views on complaints of irregularities in land
titles. He admitted that he had received such complaints but he could do
nothing in this matter as the Settlement Department had not yet
completed its survey. Nor had he received the relevant record despite
repeated requests. The EDO (R) also made the following points: ¨
The
Settlement Department had started land survey to detem1ine land titles
in 1983. The work had not yet been completed. ¨
The
chairman of the Chief Minister's Inspection Team had visited Gwadar to
probe complaints of irregularities in land record. ¨
The
Gwadar Port Authority had asked him to secure another 59 acres of land
and the Mull a Bund settlement was threatened. According to him, the
Mull a Bund ward covered 288 acres of land and the area under houses was
65 acres. The transfer of Mull a Bund land to the Port Authority would
affect 35 families. Under the Revenue Act he had issued a notice to the
families concemed on September 29,2003, asking them to file objections
to the transfer of the land to the Port Authority within 30 days but not
a single objection had so far been received. He had also requested the
District Nazim to get the notice delivered to the affected families. Mr.
Iqbal Nadeem,
the Gwadar DCO, was of the view that the port project would usher in a
period of progress and prosperity in Gwadar. The fears and reservations
of the nationalist elements had no basis in fact and these elements were
raising issues for selfish political reasons. The settlement complaints
were being probed by an inquiry committee set up by the provincial
govemment. He had received no complaints about the recruitment of
non-local hands, by the Port Authority or the harassment of fisher-folk
by the Navy personnel. Mr.
Babu Gulab, the
District Nazim, asserted that complaints of irregularities in the land
settlement record were true and he himself had raised the matter with
the Chief Secretary, who had indeed ordered an inquiry. The losers
included the government and the people both. He also made the following
points: ¨
As
regards the Mulla Bund affectees, he had proposed to the government
compensation at the rate of Rs. 270 per sq ft and allotment of
alternative land near the coast (so that they could continue their
fishing operations). When asked whether the affected families knew of
the plans/ notices for their eviction and shifting, he pleaded
Ignorance. ¨
When
asked to give his views about the establishment of the Gwadar Port
Authority, he said he knew nothing about it. ¨
As
regards the recruitment oflabour, he said in the beginning non-locals
formed a majority of the labour force but now a fair number of locals
had been employed. He regretted that the wages offered by the
construction company were extremely low. ¨
The
District Nazim said it was true that the schools did not have science
teachers in an adequate number. He was keen on removing this deficiency.
However, people were not cooperating. An NGO wanted to set up three
schools in Gwadar but nobody was prepared to give land for these
schools. Tehsildar’s
office: The
HRCP team visited (October 21) the office of the Tehsildar, Settlement. Patwari
Ghulam Husain told the team that nobody had made any complaint to
him about irregular transfer of land during the three months that he had
been at his post. He explained to the team that land title was
established on the basis of possession. The patwari concerned measured
the land and submitted a report to the Tehsildar in the light of
statements by witnesses on the site. [A
landowner outside the office told the team that a patwari charged at
least Rs 5,000 for agreeing to survey and measure the land. He alleged
that the patwaris posted in the past had collected hundreds of thousand
rupees for preparing bogus land record.] Mr.
Noor Ahmad, Settlement
Naib-Tehsildar, Gwadar, told the team that his department was performing
its duties in a transparent manner but difficulties arose when the
people did not cooperate with it. The settlement department attracted
public anger only after the start of the port project. He said the
revenue department had repeatedly been requested to take over the
settlement record but they had declined. Since his office had no
security guard (chowkidar) he requested the DCO and the DPO for security
whereupon the latter shifted the record to the police station. This
arrangement created problems for him and the public in accessing the
record. Further, he said, the patwari was not allowed any TA/DA for land
survey / measurement and the expenses on his travel, etc., had to be
borne by the applicant (who wanted the land to be measured). The office
was not allowed any stationery fund. Thus, those seeking help from the
officials had to pay for stationery also. Besides, the government
stopped making payments (at Rs 1,000 per month) to the person who
accompanied the patwari and actually measured land, and his wages too
had to be paid by the applicant. The land record was not open to public.
Permission had to be sought from the settlement officer who had his
office in Turbat. One
of the factors contributing to confusion in regard to land titles, the
Naib Tehsildar said, was that some Gwadar citizens had dual nationality
(Pakistan and Oman) and sometimes Omani documents were produced to claim
ownership of land. All
disputed matters had to be referred to the EDO (R). The higher forums
were the Senior Member of the Board of Revenue and the Qazi court.
However, during his 18 months' tenure no complaint regarding title deeds
had been submitted to him. A
person, Rarnzan Hasan met the team on October 21 and told this
story. The settlement office entered 200 acres of his land in the name
of a landlord, Seth Rajab Shehnoori. However, the latter gave him in
writing that the land belonged to him (Rarnzan Hasan). When he
approached the settlement office for entering his name as the landowner,
he was told no mutation was possible in view of the ban on sale of land.
When he pointed out that his request did not involve sale or purchase of
land, he was told to wait. Subsequently, Seth Rajab Shehnoori wanted to
buy his land and he refused. He said he was in litigation with another
person, Saeed Mohammed Bheel, whose name had been entered as the owner
of a tract of land that actually belonged to him. He said a majority of
the people in Gwadar were illiterate and they did not even know that
their property had been transferred to other people. Fisheries:
A number of people talked to the HRCP team about the problems
faced by the fishing community. Mr.
Imam Bakhsh Imam, a
former administrator of the Gwadar municipality, was of the view that
due to the poor planning of the port small fishing boats would not be
able to enter deep waters. The smaller fishermen might face starvation. Mr.
Khuda Bakhsh, Principal
of the Model High School, said that at the port site there was an
underwater range of rocks where fish took refuge in a large number. This
range was now being split up. As a result, fishing near the coast would
become impossible and the repairing of small boats would become
difficult. Once the port was commissioned only fishing by big trawlers
would be possible. He suggested the construction of a new wharf for
fishermen. Mr.
Abdul Qadir, a
political activist, complained of fishermen's harassment. The fishermen
were asked as to how long they would stay in deep waters and if somebody
came back earlier than he had said he was harassed by the coastguards.
According to him the Navy had been given 25,000 acres of land and
another 40,000 acres had been given to various security agencies and
this seriously created doubts about development. The
HRCP team visited the Mulla Bund settlement, adjacent to the port, which
falls within the port installation plan. One of the residents, Mr.
Abdul Razzaq Dilshad, said the people of the village were to be
shifted from their homes but no alternative land had been earmarked. He
said the village folk had set up a 12-member committee to negotiate with
the authorities for the acceptance of their resettlement/compensation
plans. The
team also visited the fish harbour, opposite the port and talked to
several fishermen. Mr.
Ali Mohammad said
he was happy about the port project as it would lead to prosperity.
However, he stressed the need for expansion of the fish harbour. Mr.
Noor-ul-Haq welcomed
the port project but wanted the government to help the fishermen to
acquire big trawlers so that they could survive. He said the
construction of the port was not the fishermen's problem. What was a
matter of concern to them was that there were only two units for the
cleaning and preservation of the fish and they arbitrarily fixed the
rates for its purchase. He pleaded for fish plants in the public sector
and for fixing floor prices for fish. Mr.
Ali Akbar
also welcomed the port project. However, he was not happy with the Naval
personnel's attitude towards the fishermen. Mr. Abbas
said the port project was a positive development but it was also
necessary to attend to the problems of the fish harbour. The
port project For
an overview of the Gwadar Port Project, the HRCP team talked to Captain
Bashir, Deputy Director (Electricity), who was also looking after
other affairs of the project. The project was launched on March 23,
2002. The construction work was scheduled to be completed in 36 months,
that is, Phase I was due to be completed by March 2005. The project cost
was estimated at Rs. 948 million. Captain Bashir rejected the view that
local people had not been recruited to the labour force. 265 workers out
of a total of the 412 Pakistanis employed on the project belonged to
Gwadar, ISO of them to Gwadar city itself. All recruitments were done
through the District Nazim. At the start of the project a large number
of local workers had been engaged but many of them - between 600 and 700
-left for Karachi after acquiring skills and the contractors, who were
Baloch, had to look for workers from outside the local area. A project
to train local young men in port works was going on. Under the
employment policy for the port, all employees in scales I to IS would be
required to have Balochistan domicile. Posts in scales IS and above
would be filled on the basis of provincial quotas. Besides its
contribution to commerce, the port also had high defence importance.
However, no land had yet been allocated for the Gwadar cantonment. In
any case the cantonment had to be at a distance of 110 miles from the
port. After the completion of Phase I the port would be able to receive
ships of up to 50 tonnes weight and after the completion of Phase II its
capacity would go upto ships of 250,000 tonnes. Captain Bashir conceded
irregularities in land transactions and confirmed that abput 100,000
acres ofland had been sold about six times, and of this 35,000 acres
belonged to the state. However, only 400 hectares were needed for port
installations. 200 hectares had been reclaimed from the sea, 175
hectares of land was available with the government, and only 25 hectares
were to be acquired from the public An
administrator, who
spoke on the condition of anonymity, told the team that public
complaints regarding irregularities committed by the land settlement
department were correct. Not only the people had been wronged, the
government too had suffered. According to him about 50% of the
transactions / mutations were questionable. As for law and order, Gwadar
was the most peaceful district in Balochistan. There had been only one
murder in 10 years and atrocities against women were insignificant.
However, the incidence of crime might rise once the port was completed.
The local administration had requested the government to set up six new
police stations in Gwadar and provide 108 police officials and 15
vehicles. He also referred to the division oflaw and order
responsibilities between the police (under the DPO), that controlled the
A area (from 5 to 15 kilometres long) while the Levies controlled the
B-Area (about 95% of Balochistan). |
HRCP
Report