Dawn Editorial: Tax evaders

THE region-wise breakdown of data on potential wealthy tax thieves makes interesting reading. The data, compiled by the Federal Board of Revenue with the help of the National Database and Registration Authority, shows, and predictably so, that Punjab is home to a majority of the suspected tax evaders followed by Sindh, Khyber Pakhtunkhwa, Balochistan, Azad Kashmir and Gilgit-Baltistan. While more than 85 per cent of them live in Punjab and Sindh alone, Karachi tops the list of the cities with over 725,000 wealthy people who should be but are not paying taxes. With a little less than 450,000 such people, Lahore stands not very far behind on the list. Other industrial cities of central Punjab — Faisalabad, Gujranwala, Sialkot, Rawalpindi, etc — can also boast of the heavy presence of potential tax thieves.

Though numerous factors, ranging from the concentration of population at one place or another to the level of economic development to the uneven distribution of industry and wealth, can easily be identified as reasons behind the number of tax evaders in a particular province or city, these explanations don’t really matter. What matters is action, or the lack of it, taken so far by the FBR to nab them and punish them for not paying taxes. The tax collectors are for the last several months in possession of the data listing owners of cars and large houses in upscale localities, who frequently travel abroad, maintain multiple bank accounts and pay hefty utility bills but who do not file tax returns. Most of them don’t even possess a national tax number let alone file returns. It is sad to note that the FBR is yet to initiate action against them in spite of the tall claims made by its senior officials, including its present chairman. Rather than moving against the identified potential tax evaders, the FBR authorities have wasted many months in pushing a controversial amnesty scheme, which is unlikely to be approved by the outgoing parliament because of widespread opposition. It is advisable for the FBR authorities to scrap its plans of facilitating powerful lobbies and move against tax evaders before it is too late. Courtesy Dawn Newspaper

Stop massacre of Hazaras in Quetta

Islamabad: The Institute for Social Justice (ISJ) condemns unending massacre of Hazara community in Balochistan and urges the UN to immediately intervene and investigate the matter.

It is unfortunate that Hazara community has become victim of political game between the state apparatuses.

The ISJ also urges Hazara community to take precautionary measures by barricading their vicinities/areas.





UN to take actions against judicial-state murder of Afzal Guru

Islamabad: The ISJ categorically condemns state murder of Mohammad Afzal Guru- Kashmiri labourer- who was hanged by India for alleged plotting attack on so called democratic Indian parliament in New Delhi. His bodies was buried in Delhi’s Tihrar jail, where his murder took place by the Indian state.

The ISJ learns from the column of a prominent and renowned Indian human rights activists- Ms Arundhati Roy- about Guru’s murder by the state.

As per the Supreme Court of India’s judgement: “As is the case with most conspiracies, there is and could no direct evidence amounting to criminal conspiracies…The incident, which resulted in heavy causalities had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.”  

The ISJ urges all UN bodies which includes Human Rights Council, the General Council, the Committee of the Civil and Political Rights, Office of the High Commissioner of Human Rights and International Court of Justice, to take urgent action against brutal murder of Guru by the India and its institutions including low and higher judiciary. 

Guru was completely denied of all basic and fundamental values of human rights that are given to all types of offenders during the trial and appeal procedures irrespective of the crime, origin, religion and group. He was not given a chance to prove himself innocent through legal assistance. Though the Supreme Court was even not able to find any direct link of him in the attack on so called Indian parliament.  

This is a reasonable case to bring Indian state accountable for human rights violations that it has been doing in the name of national security.

Trial of children under the Anti Terrorism Courts

Islamabad: The Institute for Social Justice (ISJ) is concerned about proposed anti children amendments in the Juvenile Justice System Ordinance (JJSO), 2000, and trial of children by Anti Terrorism Courts in Pakistan.

The Ministry of Interior Pakistan has drafted a Bill called Juvenile Justice System (Amendment) Bill, 2012, that is being approved by the Cabinet for submitting in either house of the Parliament.

The ISJ fears that if the JJS Amendment Bill 2012 passed by both house of the Parliament, children in conflict with law will formally or legally be deprived of all basic rights enshrined to them in the JJSO 2000 and the United Nations Convention on the Rights of the Child (UNCRC) which Pakistan ratified in 1990.

The draft bill proposes insertion of new para (ai) under Section 4 (2) (i) in the JJSO 2000, which empowers Anti Terrorism Courts (ATCs) to work as Juvenile Courts for trying cases children being charged under the Anti Terrorism Act (Amendment) 1997.

From human rights perspective, mainly from the UNCRC, the trial of children/juveniles by the Anti Terrorism Courts will have serious and negative impacts on children’s lives and well being and it is against the best interest of children.

Article 37 (b and C) of the UNCRC says that (a) the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only “as a measure of last resort and for the shortest appropriate period of time. (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”

Whereas hundreds of children in Pakistan are being tried by ATCs, since in 2006 Sindh High Court allowed ATCs to try children charged under the ATA. Children accused of offences under the ATA are treated like adults and can also be sentenced to death whereas death sentence is mandatory under the ATA if the trial court convicts an accused (either juvenile or adult). The trial process under the ATC put a child through an inhuman and degrading treatment. Many among them are deprived of from the right to bail even after six months. 

The ISJ requests the Committee on the Rights of the Child, Human Rights Council and Inter-agency Panel on Juvenile Justice to take notice of these negative developments and urge Pakistan to introduce child friendly laws in accordance with the UNCRC and stop introducing the JJS Amendment Bill 2012 in the Parliament rather Pakistan should introduce a law that should ban children’s trial through ATCs.

Servant ‘tortured to death’

Bahawalpur, Feb 7: A domestic servant at the residence of a landlord in Lodhran was allegedly tortured to death late on Wednesday.

According to the Sadar police, Saeed Ahmed worked at Mian Aamir’s house.

According to Saeed’s mother Mitho Mai, upon receiving information of her son’s illness. she along with her husband, Bashir Ahmed, reached here from Lodhran. She said they found Saeed seriously injured and moved him to a hospital where he succumbed to his injuries.

Sadar police said they had registered an FIR on the complaint of the deceased’s father against two suspects, Azhar and Shafiq. However, Mian Aamir claimed at the time of incident he was out of the city and upon return when he got information of the incident, he handed over Azhar, another servant at his house, to the police.

According to Aamir, Azhar revealed the name of his accomplice Shafiq, who was a neighbor’s servant.-  Correspondent.

Source: Dawn News  

The ISJ’s reaction
The ISJ condemns brutal murder of killing of slave domestic worker in Lodhran and urge the Chief Justice of Pakistan to take notice of it, call judicial inquiry of the brutal murder and issue notice for regularization of domestic workers who are living and working as slaves across the country. 

The old estimates show that there more than 8.5 million people working as domestic slaves mainly women and minor girls which are sexually, psychologically and physically abuse and exploited, and in many cases murder.

The ISJ believes that the police in such cases do not support victims because all accused landlord/masters are politically and financially rich who influence the family and bribe to the police to distort the case.

Abolition of Slavery

CaptureThe Constitution of Pakistan in Article 11 states that (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form; (2) All forms of forced labour and traffic in human beings are prohibited; (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. In 992, the Bonded Labour (Abolition) System Act (BLASA), 1992, was enacted and in 1995, its Rules were formulated, and in 2002 the Prevention and Control of Human Trafficking Ordinance was enacted but unfortunately neither the BLASA nor the constitutional guarantees have brought any justice in the lives of millions of haris (share croppers), bonded labourers, forced labourers, child domestic labourers, slaves in mines and factories, women domestic servitudes, and victims of human trafficking and forced marriages. They are victims of sheer physical and psychological abuse and economic exploitation. There is surge in cases of people including bonded labourers who are selling their kidneys, other organs and their children in a desperate bid to pay off debts. In 2003, in one of the districts of Punjab, about 300 bonded labourers had sold their kidneys to pay off their debts.

There are various CSOs in Pakistan that claim to be suporter of bonded labourers and thier families in their release from the captivity of masters/landlords. Some estimate that millions of bonded labourers have been released. There is no record of such interventions. However, in the HRCP’s annual reports, there are recorded 21108 bonded labourers and their families released from the captivity. 

With the increasing population, unemployment, poverty, war, natural and human-made emergencies, there has been greater chances of increased in the number of bonded labourers in comparison to studies conducted a decade ago which recorded about 17 million bonded labourers only in agriculture sector. There are reported to more than 13,000 brick kilns in the country which employed about one million labourers, including women and children. Majority of them were bonded labourers through an illegal advance payment system.

In 2001, there were reported about 200,000 women trafficked to Pakistan from Bangladesh, Nepal, Burma. These women were used as sex workers or as bonded labourers. It is being feared that the number of women trafficked have increased due to poverty and no respects of human beings mainly of women being.

In Pakistan, there are estimated about 12 million women including under-age girls all over Pakistan as domestic servants and 264,000 estimated to be child domestic workers working in hazardous and deplorable conditions. In 2010 and 2011, newspapers reported about 18 cases of severe torture and abuse of child domestic workers, of which about 13 children were reported dead due to direct result of violence inflicted on them by their employers.
Bonded labour released table 2001 2012
A majority of bonded or forced labourers in Pakistan belong to religious, low-caste minorities, and low income and disadvantaged groups. These are easy to be sold and bought by employers (please see more details in our policy paper).

Objectives
The ISJ’s have three objectives linked with the main goal of ‘abolition of slavery’. These are:
-Implementation of existing laws and amendment of laws to introduce stringent and mandatory provisions against all forms, types, kinds and levels of slavery;
-Establishment of independent monitoring institutions which could effective ensures monitoring of the implementation of anti slavery laws;
-Re-activate the dead issue of slavery which has been dead for a couple of years;

Strategies
In order to achieve three objectives, the ISJ aims to:
-Help slave people through legal and knowledge based support;
-Raise mass awareness though campaigns, i.e. letter, postcard and signature, media;
-Train, educate and sensitize judges, police officials and employers/landlords;
-Review laws and propose amendments to fill gaps in laws
-Take legal and other possible actions against reported cases of various forms and types of slaveries;
-Conduct fact findings of potential areas of slave trade and other associated activities.

Judicial Justice!

From judicial justice means a justice being done through formal judicial court systems which in Pakistan has not been able to provide justice to people. Judicial justice is an open opportunity for rich and influential people. They can buy officials, influence the court procedure and fair trial which usually results in delayed in justice or denied justice. A poor invariably remained at the verge of injustice due to serious corruption at all levels but hardly accepted by the holder of judicial justice and such open allegation is always supposed tantamount to contempt of judiciary. The usual miscarriage of justice comes from a number of factors which lead to increase in crimes with more severity and big scale, from a single murder to mass murder, from few rupees theft to billion dollars heist, from low level corruption to extreme levels of corruption, from loyalty to disloyalty. Therefore, people try to do justice by their own ways (mob justice), do informal jirgas/panchayts in which poor and marginalized section of society such as women, children, low caste and low income poor families are victimized.

The ISJ aims to advocate for fair judicial justice set up, mechanism and system where all are treated equal before the law and no one is deprived of his/her social, economic, civil, cultural and political rights (please see the Judicial Justice policy paper for more details).