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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

27 October 2006
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UG-022-2006: PAKISTAN: Over 50,000 peasants deprived of water by Sindh government

PAKISTAN: Violation of the right to water; corruption; misuse of power; violation of court order; restriction on the freedom of assembly; intimidation and threats; failure of the rule of law
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Dear friends,

The Asian Human Rights Commission has received the information regarding illegal deprivation of irrigation water from over 50,000 peasants of Sobho Dero town in Khairpur Mirs district, Sindh province, Pakistan. This took place in violation of an agreement between the Sindh provincial government and the peasant organization in March 2006, as well as the orders of Sindh High Court in 2001 and 2006. It is alleged that Chief Minister and Minister of Works and Services of Sindh are involved in this incident. We were also informed that the Sindh government did not hold talks with the peasants who went for a hunger strike in this September but allegedly threatened them with abduction and death through fake police encounter cases. The Sobho Dero town has been cordoned off by the police and villagers reportedly were not allowed to go outside the villages. Only during the Eid celebrations, the villagers were temporarily allowed to travel outside their villages.

DETAILS OF THE CASE:

Sindh provincial government has illegally stopped the irrigation water for over 6,000 acres of irrigated land in Sobho Dero, Khairpur Mirs district and is instead illegally providing the water to big land owners, who illegally grabbed the land in the Katcha forestry area in violation of the orders of Sindh High Court. Through this illegal practice, over 50,000 people in Sobho Dero, whose livelihood depend on the water of Indus River, are severely affected. The Indus River is the main source of irrigation in Sindh province.

This area of Sobho Dero is the basic constituency of the provincial Minister of Works and Services, Mr. Pir Sadruddin Shah Rashdi, who is also one of the biggest land holders of the area. The Chief Minister of Sindh province, Mr. Arbab Ghulam Rahim, has allegedly allowed the big land lords to use and cultivate the forestry land as bribe to gain political support for his government. Subsequently, all the 250 arteries of water of two feet deep and four feet wide have been forcibly captured by the Sindh government authorities and they have been redirected to the Katcha forestry areas, which was actually built to prevent the flood in the villages and agriculture lands.

On 17 March 2006, the Sindh provincial government through its secretary of irrigation and power reached an agreement with the Peasant Farmers Action Committee (PRAC) of Sindh that a legal share of water would be provided to tail end receivers of agriculture lands of Sbho Dero town in Khairpur Mirs district. This agreement was reached after a successful hunger strike of peasants and small growers of Sobho Dero in March 2006 at Sukkur district. However Chief Minister Mr. Arbab Ghulam Rahim and Minister of Works and Services Mr. Pir Sadruddin Shah Rashidi allegedly influenced the Ministry of Irrigation and Power not to implement this accord.

With no remedy, the Action committee of Peasants and small growers then resorted to a hunger strike from 18 September 2006 at Karachi Press Club in Karachi, the capital city of Sindh province. The peasants of different villages from Sobho Dero town also decided to start a long protest march of 400 kilometres from their villages to Karachi. However, Sindh provincial police arrested some farmers. It is also alleged that Mr. Pir Sadruddin Rashidi used his private force against the unarmed peasants, threatening them with abduction, tortured and death in fake police encounters. Furthermore, during this time, the irrigation water was completely cut off from Sobho Dero town. Five leaders of the PRAC finally called off the 33 day-long hunger strike on October 20 because of serious death threats and persecution including the arrests against poor peasants.

It is reported that the police of the Sobho Dero has cordoned off Sobho Dero town area and are not allowing the residents to go outside the villages under the instruction of Minister Pir Sadruddin Rashidi. As a result, the right to movement of villagers who are scattered in different small villages of 60 to 80 houses is severely restricted. Only during the Eid celebrations, the villagers are temporarily allowed to travel outside their villages.

BACKGROUND INFORMATION:

The irrigation water in the Sindh province is mainly supplied by Indus River through different barrages. From barrages there are several arteries of water to provide water to tail ends. It is by law and the Constitution of Pakistan that the right of water to tail enders is secured. In Sindh province, to stop the flood water seeping into agriculture lands and villages, the levees were constructed on the both sides of the Indus River banks, which are 100 feet to 400 feet wide and several miles long in the province. The Sindh provincial government has banned by law any agricultural activities using water from barrage in these areas known as Katcha.

However, Chief Minister Mr. Arbab Ghulam Rahim allegedly allowed big land holders to grab the land of the Katcha areas and cultivate them by using the river water. The Minister of Works and Services, Mr. Sadruddin Shah Rashidi allegedly has a very close contact with Pakistan military. Through his political influence in his constituency area, he illegally allowed converting the irrigation water of agriculture land to forestry land. No forest is left in Katcha while hundreds of thousand of acres were alleged to have been illegally grabbed and cultivated.

The affected people of Sobho Dero brought this case before Sindh High Court and on 20 November 2001 the high court confirmed that water was being illegally drawn from sluice and ordered "no water should allowed by the department to anyone and as such the sluice cannot be used as a source of water" to the Sindh provincial government.

However, the high court decision was not implemented effectively. In 2005, people from Sobho Dero started a strong movement against the illegal activities of draining out water from their share by land grabbers. The Minister of Irrigation and Power Mr. Sardar Nadir Akmal Khan Leghari then constituted an inquiry committee in July 2005 and the committee submitted its report that the water of agriculture land was being taken illegally and recommended measures to ensure that the water flows to the tail of the irrigation system.

In 2006, the Sindh High Court again upheld its earlier decision of November 2001 that the sluice cannot be used as a source of water.  The peasants and growers of tail ends have been struggling for their livelihood since 2001.

SUGGESTED ACTION:
Please write to the relevant Pakistan authorities and urge them stop this illegal practice by the Sindh provincial government against tail enders of Sobho Dero. Please also urge them to ensure the affected peasants' right to water, respecting the decisions of Sindh High Court of 2001 and 2006 as well as the Ministry of Irrigation and Power's inquiry committee's report of July 2005. Please also urge them to enforce the agreement signed between the secretary of the ministry of Irrigation and power and the PRAC on 17 March 2006.

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Sample letter:

Dear ________,

PAKISTAN: Over 50,000 peasants deprived of water by Sindh government

Victims: Over 50,000 peasants residing in Sobho Dero town, Khairpur Mirs district, Sindh province, Pakistan
Alleged perpetrators:
1. Mr. Arbab Ghulam Rahim, Chief Minister of Sindh provincial government
2. Mr. Sadruddin Shah Rashidi, Minister for Works and Services of Sindh provincial government
Period of illegal deprivation of water: from 2001 till date

I am deeply concerned by Sindh provincial government's illegal practice of depriving irrigation water from 6,000 acres of irrigated land in Sobho Dero town, Khairpur Mirs district, Sindh province since 2001. As a result, lives of over 50,000 peasants have been heavily affected. I was also informed that instead the irrigation water is illegally provided to big land owners instead, who illegally grabbed and cultivate the land of the Katcha forestry area, which was built to prevent flooding in the villages and agriculture lands. The Sindh provincial government has banned by law any agricultural activities using water from barrage in these areas known as Katcha.

I am shocked to learn that the provincial Minister of Works and Services, Mr. Pir Sadruddin Shah Rashdi and the Chief Minister of Sindh Mr. Arbab Ghulam Rahim, are allegedly involved in these illegal acts. Sobho Dero is the basic constituency of Mr. Pir Sadruddin Shah Rashdi, who is also one of the biggest land holders of the area. It is alleged that he used his political influence in his constituency area to illegally allow converting the irrigation water of agriculture land to forestry land. It is also alleged that Mr. Arbab Ghulam Rahim has allegedly allowed the big land lords to use and cultivate the forestry land as bribe to gain political support for his government. As a result, No forest is left in Katcha while hundreds of thousand of acres were alleged to have been illegally grabbed and cultivated.

I would like to draw your attention that this breaches the orders of the Sindh High Court as well as the agreement made between the Sindh provincial government and the peasants' group:

1. On November 2001, the Sindh High Court confirmed that water was being illegally drawn from sluice and ordered the Sindh provincial government "no water should allowed by the department to anyone and as such the sluice cannot be used as a source of water". In 2006, the Sindh High Court again upheld its earlier decision of November 2001 that the sluice cannot be used as a source of water.

2. On 17 March 2006, the Sindh provincial government through its secretary of irrigation and power has reached an agreement with the Peasant Farmers Action Committee (PRAC) of Sindh that legal share of water would be provided to tail end receivers of agriculture lands of Sbho Dero town in Khairpur Mirs district.

Besides, the Minister of Irrigation and Power of Sindh, Mr. Sardar Nadir Akmal Khan Leghari also constituted an inquiry committee in July 2005 and the committee submitted its report that the water of agriculture land was being taken out illegally and recommended measures to ensure that the water flows to the tail of the irrigation system.

However, all these court orders, the agreement and the inquiry committee's recommendations have not been implemented due to alleged influence by Chief Minister Arbab Ghulam Rahim and Minister Pir Sadruddin Shah Rashidi into the Ministry of Irrigation not to do so.

I am also extremely disturbed to hear the alleged death threats to the peasants of Sobho Dero, who went on a hunger strike from 18 September 2006 at Karachi Press Club in Karachi. I was informed that Minister Pir Sadruddin Rashidi allegedly used his private force against the unarmed peasants and threatened them with abduction, tortured and death in fake police encounters. I was further informed that the peasants finally called off the 33 day-long hunger strike on October 20 because of the serious death threats and persecution including the arrests against them. Furthermore, during this time, the irrigation water was completely cut off from Sobho Dero town. Since then, the police of the Sobho Dero has reportedly cordoned off Sobho Dero town and not allowing the residents to go outside the villages under the instructions of Minister Pir Sadruddin Rashidi. However, during the Eid celebrations, the villagers are temporarily allowed to travel outside their villages.

I am extremely disappointed that high-ranking officials such as the chief minister and minister of works and services are engaged with such illegal activities for their private benefits. I am also sad to observe that even high court orders have not been respected by these ministers which put livelihood of over 50,000 people in serious risk.

I therefore strongly urge you to immediately intervene into this mater and ensure the legal right to water of affected peasants of Sobho Dero, in respect with the decisions of Sindh High Court of 2001 and 2006 as well as the agreement signed between the secretary of the ministry of Irrigation and power and the PRAC on 17 March 2006. I also urge you to constitute an independent inquiry committee or the ombudsman's office to look into illegal grabbing and cultivation of forestry land by big land owners and alleged corruption and involvement of the chief minister and minister of works and services of Sindh in this matter. If it is proven that these two ministers are guilty of these illegal activities, appropriate actions should be taken against them. I also urge you to ensure the right of the movement of residents of Sobho Dero town and inquire into the alleged death threats to the peasants on strike and bring those responsible to justice as soon as possible.

I look into your urgent intervention into this matter.

Yours sincerely,