| Home > South-Asia >> Pakistan | |
Pakistan: A trade union activist is still missing after his abduction
Asian Human Rights Commission Urgent Appeal - November 13, 2009 (see sample letter below)
Urgent Appeal Case: AHRC-UAC-154-2009
Dear friends,
The Asian Human Rights Commission has received information that a trade union activist was abducted after making bail, following his support for a series of union protests. Since his abduction more than two weeks ago, various security staff at his bank have been absent from work, and the vehicle used to abduct him was the kind used by his employer. There are strong concerns for his safety. The management of the Muslim Commercial Bank has been filing cases against trade union leaders for disturbing the operations of their bank.
Case details:
Mr. Imran Usman and Mr. S. M. Umer, activists of the Muslim Commercial Bank Staff Union, were arrested by Mitha Dar Police Station on October 29 regarding cases filed by the bank management against them on 28 October. They were called for disturbing the bank's operation by illegally instigating a union protest and encouraging bank employees to participate. The protest however, was within their constitutional rights.
After paying bail they were released at 1am on October 30. Mr. Imran returning home with friends when six to eight men in a blue Toyota van—the kind used by security staff at the bank-- dragged Mr. Imran into it at gunpoint and left the area. It is a common practice of the Karachi City Police to arrest people in this manner, and witnesses thought he had been arrested by police from another station. The bank management had filed cases against him in three different police stations. Imran was in charge of circulating information between employees at different branches.
The next day an official with the Karachi Police confirmed that Mr. Imran was not with the police and an abduction case was registered at Mitha Dar Police Station on October 31, naming security staff as suspects. Since then the suspects have not been seen at work. This has increased suspicions about the security staff, which include retired army officers Colonel Akbar Khan, Major Gul Nawaz Cheema and Captain Mohammad Haneef.
Background information:
The Muslim Commercial Bank Staff Union (MCB) started its trade union activities on 13 October to lobby for salary increases, and to call for the restoration of sacked employees (including trade union activists) during and after the implementation of section 27/B of the Banking Companies Ordinance of 1962 in 1997, when the bank was privatised. During this period, more than 4,500 employees were retrenched, including messengers, drivers and other lower-ranking staff. Most of them have legally challenged their retrenchment but their cases are pending in courts. There have been industrial disputes between the MCB and the staff union since 1997.
The MCB failed to get the help of the Sindh High Court when the union started its campaign on October 9. On 13 October the court passed a provisional order granting permission for protests, as long as they were held at least 50ft from the bank’s head office, so as to allow for the daily operations of the bank to run smoothly. The court also extended the hearing to 27 October. However the following day bank management claimed that the 50ft rule had been breached and the court–without hearing from the trade union–issued a Contempt Notice against the Inspector General of Police for allowing the union to hold its protest at the doors of the union offices. On 3 November union members challenged this before a high court judge and requested an inquiry from into the manipulation of the legal processes of the court by the bank management. The court disposed of the bank management’s petition and the union was allowed to carry on with its peaceful protests as according to the order of the October 13.
Additional comments:
Section 27-B was incorporated in the Banking Companies Ordinance (BCO) during the government of Former Prime Minister Nawaz Sharif. It prohibits carrying weapons, carrying out union activities during office hours, subjecting bank officials to physical harassment or abuse, misuse of bank resources for union activities. It also prohibits non-employees from being office bearers of bank unions.
In response, a private member bill – the Banking Companies (Amendment) Act, 2009 – was tabled by Senator Raza Rabbani in June, and is still being debated. It recommended that Section 27-B be deleted, and claims that it violates the spirit and rights conferred by article 17 of the Constitution of Pakistan 1973, as well as the charter of the International Labour Organization to which Pakistan is signatory, and the provisions of the Industrial Relations Ordinance, 2009. The latter allows for 25% of trade union members to be from outside the organisation.
The State Bank of Pakistan (SBP) has appeared before the senate standing committee to argue that Section 27-B neither curtails the right to form trade unions guaranteed under the Constitution, nor violates instruments of international law.
Suggested action:
Please write letters to the authorities urging them to ensure the safe recovery of Mr. Imran Usman, to investigate his abduction and bring charges against those responsible. Please also express your concern about the manipulation of legal proceedings by the Muslim Commercial Bank to suppress legal union activities.
The AHRC has also sent letter to the UN Working Group on enforced or involuntary disappearances and the Special Rapporteur on the promotion and protection of the right to freedom of opinion calling for their intervention in to the case.
To support this appeal please click here.
Dear __________,
Pakistan: A trade union activist is still missing after his abduction
Name of victim:
Mr. Imran Usman, member of the Muslim Commercial Bank Staff Union at I. I. Chundrigar Road, Karachi, Sindh ProvinceName of alleged perpetrator:
1. Retired Colonel Akbar Khan, Security officer at Muslim Commercial Bank, at the head office, I. I. Chundrigar road, Karachi, Sindh province.Date of incident: October 31, 2009
2. Retired Major Gul Nawaz Cheema, Security officer at Muslim Commercial Bank, at the head office, I. I. Chundrigar road, Karachi, Sindh province.
3. Captain Mohammad Haneef, Security officer at Muslim Commercial Bank, at the head office, I. I. Chundrigar road, Karachi, Sindh province
I am writing to voice my deep concern regarding the abduction and disappearance of a trade union activist, allegedly by security staff of the Muslim Commercial Bank (MCB), and the manipulation of the legal process by the bank to obstruct union activities.
According to the information I have received, Mr. Imran Usman, an activist in the MCB Staff Union, was arrested by Mitha Dar Police Station, Karachi, on October 29 2009, after being charged with illegal protest activities by his employer, and was released on bail. On his release at 1am on October 31 he was abducted at gun point in front of a group of his friends, and dragged into a van--identified as a vehicle belonging to the bank--by six to eight persons. His whereabouts have since been unknown.
I am told that the Chief of the Karachi Police has confirmed that Mr. Imran is not in the custody of the police, and suspiciously, three security staff with military backgrounds, named above, have not appeared at work since. An abduction case was registered at Mitha Dar Police Station on October 31, naming security staff as suspects. I hear that officers have inexplicably not taken serious note of the case.
It should be noted that trade union activities are a constitutional right and yet the bank management has acted with little regard for this; using the legal process to suppress and impede union staff movements. The obstruction of peaceful protests is also in violation of the provisions of the charter of the International Labour Organization to which Pakistan is signatory. Section 27/B of the Banking Companies Ordinance (BCO), cited by the MCB, is itself contrary to the provisions of Industrial Relations Ordinance 2009, which allows for peaceful trade union activities under the law.
I therefore call upon you to ensure that trade union activities in Pakistan are being protected according to international law and the Constitution of Pakistan, which itself allows for the right of freedom of association and the right to assembly. I also urge that you ensure that everything possible is now done to have Mr. Imran safely recovered, and his abductors brought before the law.
Yours sincerely,
Please send your letters to:
1.Mr. Syed Yousaf Raza Gillani
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail: governor@governorsindh.gov.pk
3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
4. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human
Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfaraz_yousuf@yahoo.com
5. Ms. Tauqir Fatima Bhutto
Minister of women development
7th Floor, New Sindh Secretariat,
Karachi, Sindh province
Fax: 92-21-99213886
Email: bhutto.tauqeer@hotmail.com
6. Chief Justice of Sindh
High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@sindhhighcourt.gov.pk
7. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack
92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com
8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrchk.org)
See also:
 |