Saturday, October 29, 2011

Mistreatment of fishermen by India, Pakistan decried

Hundreds of fisherfolk remained imprisoned in both India and Pakistan. Not sparing even children, crews have been imprisoned, their catch expropriated and their boats captured. For more than four decades both Pakistan and India have been imposing severe hardships on fisherfolk on the pretext of cross-border violations in the open sea. Such a situation was in gross violation of human rights. International law was also violated by both countries.”

These views were aired at a press conference addressed by Justice (Retd) Nasir Aslam Zahid, Syed Iqbal Haider, Chairman Pakistan Fisherfolk’s Forum Mohammad Ali Shah, and Joint Director, Pakistan Institute of Labour Education and Research (PILER) Zulfiqar Shah, at the Karachi Press Club.

The speakers at the press conference said “Off and on hundreds of fisherfolk are returned to their homes but only after several years of unjustified detention. Similarly, captured boats are returned only erratically, depriving many from livelihoods.”

The speakers pointed out that in recent months, the Maritime Security Agency (MSA) had stepped up seizure of boats and imprisonment of hundreds of fisherfolk from not just territorial waters but also those fishing in waters far away from the EEZ. These actions remain in contempt of the agreement for a committee of Indian Coast Guard and Pakistan MSA to treat crews humanely and for their prompt return. Vessel seizure must be stopped by security agencies of both India and Pakistan forthwith and all fishers returned rapidly with dignity to their homes. If Pakistan is to act rapidly, India must promptly accept detained fisherfolk as citizens. Verification must begin with fisherfolk families and their organisations replacing the current prolonged, bureaucratic top down process that merely accentuates misery.

The current seizure of boats and jail for poor crew members is very sad news after what seemed progress towards bilateral trade liberalisation and peace process in the recent months. Both countries had repatriated hundreds of fisherfolk who were victims of arbitrary detention for years after serving short sentences. Talks had begun on returning hundreds of captive boats. Agreement appeared forthcoming on Sir Creek boundaries. Facilitation for equipping boats with satellite navigation was on the horizon.

Justice (Retd) Nasir Aslam Zahid who concluded the press conference observed, “We hope that India will continue to exercise restraint and give up its practice of imprisoning Pakistan fisherfolk in return, as a cold war.”

It needed reiteration that international law requires crews to be repatriated immediately even while the vessel owner and government were involved in negotiating penalties and the value of catch seized, he added.

Zahid further noted, “Happily, there is news of progress in the Most Favoured Nation trade status for India and ease in family travel visas between Pakistan and India. Just as free trade is facilitated through licensing and duties, so must workers receive protection in their search for work. All countries of South Asia should remove constraints to migration across borders by workers in search of better livelihoods.”

The press conference stressed that the process of work permits needed to be rapidly initiated and implemented to benefit ordinary citizens. Since lengthy imprisonment was risked by fisherfolk, they should be given work permits on a priority basis.

Two kinds of cross-border permits are needed: one for the vessels and one for the crew. All crew should be eligible for a permit, open to working on any vessel. Permits for fisherfolk vessels and crew should be issued in as simple a process as possible: e.g. by the Karachi Fisheries Harbour Authority. No worker should be penalised for the owner’s failure to obtain a permit.

The speakers emphasised that urgent attention and action was required by public representatives across the country. They urged the President and Prime Minister to convene a meeting with the fisherfolk’s representatives and the Joint Judicial Committee on Prisoners, early enough so that the forthcoming SAARC Summit can proudly announce an agreement on the protection of South Asian rights to livelihood.

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