Islamabad: The Institute for Social Justice (ISJ) notices no change in workers, labourers, farmers and haris (share croppers) and their families’ lives rather their situation has deteriorated and worsened badly to the extent that they are committing suicide. The ISJ demanded pro-worker prorgammes and policies, increase of minimum wage up to Rs18000 per month, regularization of informal economy workers, social security a fundamental right of every worker/labourer, compliance with the ILO’s core Conventions and implementation of the International Covenant on Economic Social and Cultural Rights (ICESCR).

On the occasion of May Day, the ISJ’s press statement revealed that due to poor power generation policies and practices, thousands of mills, workshops and factories have partially and completely closed, which has rendered millions of workers and labourers jobless and helpless. Each year thousands of workers die or lose their body parts due to fatal accidents during work. Majority of these do not get any protection and support. The ISJ is concerned that in 2012, Baldia factory disaster 270 workers were burnt alive and thousands were injured, but yet injured and families of deceased are waiting for the compensation.

Though there is no exact number of total workers/labourers in informal sector in Pakistan because of the absence of empirical surveys; however, of the 58 million workers recognized by Pakistan only 2.1 million workers are registered for social security.

Though the Constitution of Pakistan give right to form association so that workers, labourers, employees can get their legal demands accepted, but in many industrial units and organizations, workers/labourers are stopped to form their unions and associations. The ISJ said that over the last five years, inflation has risen and workers and their families have suffered through miseries. Worker/labourers are unable to provide basic amenities to their families. About 90 percent informal economy workers do not have legal protection; they cannot claim minimum wage, decent work, human attitude from owners and employers.

The federal government fixed Rs8000 minimum wage but there are thousands of registered industrial units and workshops, mines, mills where workers are not provided the fixed wage. They work 12 hours for less than Rs5000 per month.  Not only the wage but treatment of the management or employers, owners with workers is harsh and degrading. Still millions of workers are working as bonded labourers along with their families across the country in almost all sectors of the economy but severe types of slavery is found in fisheries, agriculture, brick kiln, mines and domestic work. Besides women, millions of children are working in hazardous conditions without or on nominal wage and without any basic human rights.    

The ISJ is concerned about more than 60 percent of haris in agriculture sector who are deprived of basic rights as well as infrastructure and social security protection. These harsi are faced with salinity and water-logging which have caused decline in the agriculture production. In addition to that, floods in 2010, 2011 and 2012 have devastated the agriculture sector and rendered millions of haris without shelters, food and work.

“Today workers, labourers and haris at the mercy of employers and the government, which have brought them to the verge of it adversity”, the ISJ regretted in the press release. It also said that due to poor performance and role of both employers and the governments, Pakistan is ranked 136^th out of 142 countries with regard to labour market efficiency and growth as reported in the Global Competitiveness Report 2012. These both responsible stakeholders have kept workers/labourers in isolation and always marginalized so that they should not be empowered and flourish and ultimately contribute in the national economy.

The ISJ lamented that Pakistan ratified a total of 34 ILO conventions, including eight core conventions but the relevant ministries and departments have not complied with it. Most of the national labour laws are weak or in favour of employers; if there are certain protections for the rights of labourers, these are not used for the workers because labour inspectors, labour courts and labour departments are not effectively working.

The ISJ’s statement said that Pakistan ratified the Internal Covenant on Economic Social Cultural Right on 17th July 2008. In June 2010, Pakistan had to submit initial report which is and there is no progress after the lapse of about three years. Government’s this attitude will not only disappoints international community but also deprives workers and labourers from their basic economic, social and cultural rights enshrined in the ICESCR.

The Senate of Pakistan should immediately pass the Bill called the Constitution (Amendment) Act 2010 introduced as private member bill in 2011 through which a new Article was proposed to be inserted, namely:- “19-B Right to Social Security which stated that every citizen shall have a right to social security which includes provision of such financial resources or basic necessities like food, clothing and health cover through a system of national security service, and the in the absence of social security measures a person, in need of necessary social security cover, may approach the local court which shall refer his/her case to concerned authorities for immediate relief without any delay.

Pakistan: Basic life items and economy in 2008 and 2012
Value/Price of items by September 2008 (retail)				Value/Price of items by February 2013 (retail)
Item	Quantity	Value (retail price)		Item	Quantity	Value (retail price)
Flour	1 KG	Rs. 13		Flour	1 KG	Rs. 37
Wheat	1 KG	Rs. 16		Wheat	1 KG	Rs 34
Bread (tandori roti)	1 Roti	Rs. 3		Bread (tandori roti)	1 Roti	Rs. 6
Rice Basmati (Premium)	1 KG	Rs. 90		Rice	1 KG	Rs. 135
Daal Mong	1 KG	Rs. 50		Daal Mong	1 KG	Rs. 135
Daal Mash	1 KG	Rs. 62		Daal Mash	1 KG	Rs. 135
Egg	1 Dozen	Rs. 49		Egg	1 Dozen	Rs85
Chicken Broiler (live)	1 KG	Rs. 90		Chicken Broiler (live)	1 KG	Rs166
Sugar	1 KG	Rs. 21		Sugar	1 KG	Rs. 65
Vegetable ghee	1 KG	Rs. 90		Vegetable ghee	1 KG	Rs. 190
Mutton	1 KG	Rs. 300		Mutton	1 KG	Rs. 550
Beef	1 KG	Rs. 170		Beef	1 KG	RS. 320
Milk	Litre	Rs. 25		Milk	Litre	Rs. 72
Cement	1 Bag	Rs 310		Cement	1 Bag	Rs 425
DAP Urea	1 Bag	Rs. 1300		DAP Urea	1 Bag	Rs. 4700
Gold	10 Gms			Gold	10 Gms	Rs 53506
Petrol	1 liter	Rs.62.81		Petrol	1 liter	Rs 103
Diesel (HS)	1 Liter	Rs. 39		Diesel (HS)	1 Liter	Rs 115
CNG	KG	Rs. 30		CNG	KG	Rs 75
Motorcycle	70 CC	Rs. 50000		Motorcycle	70 CC	Rs 68000
Growth Rate	of GDP	6.8 of percent in 2006-07		Growth Rate	of GDP	3.67 percent
Dollar	1 Dollar	Rs77.1		Dollar	1 Dollar	Rs 97.50
Budget deficit	of GDP	7.6 Percent		Budget Deficit	of GDP	6.7 percent
Poverty Line	58.7 /180 m	49%		Poverty Line		26%
Inflation		6.57%		Inflation	2012	11.30%
Unemployment		5.95%		Unemployment		5.20%
Electricity Price	1 Unit	Rs. 2.13		Electricity Price	1 Unit	Rs. 9.38
Literacy Rate	2008	55%		Literacy Rate	2012	58%
Under 5 mortality rate	2008	90.7 per 1000 live births		Under 5 mortality rate	2012	89.6per 1000 live births
Jang News Paper	Monday Copy	Rs. 7		Jang News Paper	Monday Copy	Rs.12
Direct Taxes	GST	15 Percent		Direct Taxes	GST	25 Percent

Islamabad: The Institute for Social Justice (ISJ) expressed a great displeasure over Faisalabad police’s torture on women including elderly women who peacefully protested and demanded recovery of a minor child who was kidnapped a couple of months ago from the District Headquarter Hospital in Faisalabad. On 5th April 2013, women and children had gathered in front of the regional police office (RPO) and peacefully chanting slogans for the safe return of the child. 

The ISJ considered this brutal act against the Constitution of Pakistan, human rights and religious values and demanded immediate actions against the police officials including RPO Faisalabad. The ISJ asked the Prime Minister of Pakistan, the Chief Justice Supreme Court of Pakistan and Chairperson of the Senate’s Standing Committee on the Human Rights for taking notice of the matter and give exemplary sentences to the involved police officials. The ISJ also urged other civil society networks for working against torture by the law enforcement agencies in public and detention centers.

Islamabad: On behalf the Child Rights Movement, the Institute for Social Justice (ISJ) has sent letters to different government authorities to take actions against the inhuman and degrading treatment with the child in a TV commercial being produced by Nestle and widely telecasted on various TV channels. The CRM has demanded for immediate actions against the company, putting ban on the advertisement, implementation of the Protection of Breastfeeding and Young Child Nutrition Ordinance 2002 and establishment of the Infant Feeding Board.

 

The Institute for Social Justice (ISJ) welcomes passing of the Prohibition of the Corporal Punishment Bill by the National Assembly of Pakistan which yet has to be passed by the Senate of Pakistan and then signed by the president of Pakistan. If the Bill is not passed before the dissolution of the National Assembly, it will lapse as is given in Article 76 (3) of the Constitution of Pakistan.

The law if passed by both houses of the parliament will help to set positive values and practices in educational settings but will not serve the desired purpose because it does not challenge and change the current legal status quo given in Section 89 of the Pakistan Penal Code (PPC), 1860.

The ISJ is worried that bill does not repeal Section 89 of the PPC, which is the major concern that results in high drop out from schools.

Section 3 (2) of the Prohibition of Corporal Punishment Act 2013 says “Notwithstanding anything contained in section 89 of the Pakistan Penal Code, 1860 and any other law and regulation for the time being in force, the corporal punishment is prohibited in all its forms in schools and other educational institutions …”. It implies that any act (it also means slapping, beating) by the guardian or person having lawful charge (it also means teachers) of the child (under 12 years) in good faith for the benefit of the child is not an offence. 

Section 33 of the Khyber Pakhtunkhwa Child Protection Welfare Act, 2010, also abolishes corporal punishment in the same way as the current law passed by the National Assembly. It says “Corporal punishment stands abolished in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860”.

There is only difference of words (or language) in both laws; however, the legal status of Section 89 of the PPC remains the same. Though the ISJ considers this development a very positive, which will pave a way for constructive debate and practices that will ultimately lead to a safe and protected environment for children in all settings, that will ultimately lead to increase in literacy rate and improve in the quality of education.

Islamabad: There are only five days left to the national assembly of Pakistan, it will be dissolved before or on 16th March without enacting pending legislation on child rights which includes the Child Protection (Criminal Law Amendment) Bill 2009, the National Commission on the Rights of the Child Bill 2009, the Charter of Child Rights Bill 2009, the Prohibition of Corporal Punishment, the Child Marriages Restraint (Amendment) Bill 2009 and National Immunization Bill 2009.

The Institute for Social Justice (ISJ) realizes that this assembly has enacted only the Right to Free and Compulsory Education Act 2012 after too much hue and cry from civil society. but the government has not done anything considerable to address grave matters of child rights violations which ranges from child sexual abuse, worst forms of child labour including child domestic labour, child marriages, corporal punishment, child trafficking, children in armed conflict, street children and so on. The Prime Minister Raja Pervez Ashraf declared 2013 ‘the year of the child rights’ but unfortunately there are taken no efforts to comply with this announcement, nor even a formal notification has been issued by the Prime Minister Secretariat.

The ISJ urges the National Assembly and the parliamentarians to consider enacting all the pending bills including the main bill on the National Commission on the Rights of the Child (NCRC) which will be the only statuary national body to monitor the implementation of minimum child rights standards in Pakistan in light of our constitutional and international obligations being party to the United Nations Convention on the Rights of the Child.

After the 18th Constitutional Amendment, there is a dire need to establish the NCRC because the child rights has become a provincial subject and there is no body at national level to regularly coordinate with provinces for not only maintaining minimum standards but also providing technical support and assistance. It is sad to note that the NCRC Bill is pending since 2001 (which was revised in 2009 and 2013) without any progress towards its enactment.

The ISJ feels that this is the very last chance for this government (assembly) to do something for children.

Islamabad: The Institute for Social Justice (ISJ) has urged the Government of Pakistan to immediately pass the Constitutional (Amendment) Act 2010 (the Right to Social Security), which was introduce in the Senate of Pakistan on 31st January 2011.

Through the Bill a new Article (19-B Right to Social Security) will be inserted in the Constitution of Pakistan; with the enactment of the law, social security will be the fundamental right of every citizen. The Bill says that (1) Every citizen shall have a right to social security which includes provision of such financial resources or basic necessities like food, clothing and health cover through a system of national security service. 2) The state shall take such steps which are necessary to enforce the previsions of clause (1) of this article, within period of five years. 3) In the absence of steps required under clause (2) a person, in need of necessary social security cover, may approach the Session of the district or the nearest Judicial Magistrate who shall refer his case to concerned authorities for immediate relief without any delay.

The ISJ appreciates the Government of Pakistan for ratifying the International Covenant Economic Social and Cultural Rights on 17th July 2008. In June 2010, Pakistan had to submit initial report which has become overdue and there is no progress after the lapse of about three years. The ISJ is concerned about Pakistan’s this attitude which will not only disappoints international community but also deprives citizens from their basic economic, social and cultural rights enshrined in the ICESCR.

The ISJ notes that the Bill about the social security in 2011 submitted by a private member is step toward legal initaitives for the implementation of the ICESCR.

The ISJ demands Pakistan should immediately submit its initial report and put its serious efforts for the enactment of the Social Security Bill 2010.

By Rafia Zakaria
THROUGH the pogroms and cataclysms of history, when populations were chased from their homes and hearths by war or famine or persecution, it was always their right to arrive at a destination, be integrated and accepted into a new settlement.

From when the early Muslims first came to Madina from Makkah and long before that and long after that, the debate on refugees, those who have involuntarily left their homes, has been the basis of legal and ethical wrangling.

Most developments have focused on the rights of these people to obtain asylum, some modicum of acceptance and integration into new communities. Agencies, like the United Nations High Commissioner for Refugees, have ensured that these rights are available to those fleeing conflict and natural disaster in various parts of the world.

There is little discussion on the other hand of the right pertaining to the legal concept of being able to stay or not be displaced where refugees and asylees are concerned.
The human right “not to be displaced” has in the years of its development as a concept, received far less attention than the rights of those already displaced.

In the 1990s, in the wake of the huge displacement crisis in Yugoslavia, the then UN refugee commissioner, Sadako Ogata, spoke for the first time on the “right to remain” and since then the impetus for coming up with legal stipulations that prevent the arbitrary transfer of people from one place to another has been gaining ground.

In 1994, in the Journal of International Law, Prof M. Stavropoulou came up with the following definition for the concept of the “right to stay”: “No one shall be forced to leave his or her home and no one shall be forcibly relocated or expelled from his or her country of nationality or area of habitual residence….”

Since then, various iterations of the right not to be displaced have been introduced and discussed at various international forums to try and show how the rights of indigenous people, the environmentally affected and others, fit in with the emerging understanding of the right to one’s home being considered a basic human right.

The chief criticism on the issue emerging as such has been on the basis that the recognition of such a right would mean a consequent weakening of the rights of migrants who do choose to leave their homes, and even more so of those who are forced to do so and desperately need legal protection in their places of refuge.

However, campaigning on the issue, especially in the context of internally displaced persons, forced evictions and environmental migrants, has gained enough momentum in recent years for over 20 states to have incorporated this right into their national legislation.

In the context of Pakistan, the “right to home” or to not be displaced may have some relevance to the debate on US drone attacks in the northwest. Not only are there hardly any current statistics kept on the exact numbers of people being displaced by US drone attacks in the tribal areas, few advocacy efforts from the Pakistani side have been made to link such possible displacements to the added cost of conflict in the area.

Statistics provided by a 2009 human rights report put the numbers of those displaced by conflict at nearly 800,000. More recent statistics stated the numbers of displaced as a result of conflict to be 200,000 with 60,000 living in the Jalozai camp in Khyber Pakhtunkhwa.

A recent protest held by tribesmen against strikes illustrates the problem, its dimensions murky and unclear because of the difficulties of approximating the numbers that have become displaced from certain areas, and quite possibly in part because of the issue of drone strikes in the larger conflict.

The reason why ascertaining the numbers is important is because they present a human rights argument with which drone strikes by the US can be opposed by Pakistani and international human rights groups. Up to this point, most of the objections to the strikes have been on the basis of the impingement of Pakistani sovereignty and the number of civilian casualties.

In turn, the US has asserted that Article 51 of the UN Charter allows it to conduct these strikes on the basis of self-defence since the 9/11 attacks carried out by Al Qaeda constituted an act of aggression.

While the various UN officials have questioned this principle (which does in effect allow the US to carry out drone attacks against any country harbouring an alleged Al Qaeda operative), the issue has stalled on the contested number of civilian casualties.

If the magnitude of the ethnic strife and upheavals in Pakistan are to receive any international attention, the human right to home, or against displacement must be placed at the centre of the discourse. Doing this would allow migratory patterns traced from Khyber to Karachi to be connected to patterns of ethnic violence.

While respecting the rights of individuals to remain in their homes is first a right to be recognised by national governments, room exists in the discourse of transnational institutions to promote the recognition of this right, and its consequent violation by conflict.

In this sense, the true cost of conflict and the domino effect it produces in terms of driving people from their homes, and creating aftershocks and upheavals in far larger areas than is currently understood, can be included in the debate.

The writer is an attorney teaching constitutional law and political philosophy.

[email protected]
Published in Dawn Newspaper http://dawn.com/2013/02/27/the-right-to-home/