Monday, December 14, 2009

"How can we distinguish which line demarcates the two countries?’‏

Indian fishermen languish in jail despite serving their sentence

Just like the beginning of every month, 17-year-old Indian fisherman Jaish and his friends embarked on a journey to fish in the sea in February this year. Their smiles and laughter soon turned into a spate of tears and confusion, as their stay for a few hours in open waters of the disputed Sir Creek led to their confinement at the juvenile jail in Karachi. Even though their six-month-long sentence for border violation concluded in September, Jaish and his mates are still languishing behind bars.

“I get to talk to my mother only three times a month, but I write letters to her regularly. No one can truly understand or imagine my pain and how I spend every second being away from my family and my homeland,” Jaish told The News. Dressed in casual jeans and a black t-shirt, his eyes were soon filled with tears as spoke about his home in the small village of Codaba in the Indian district of Gujrat. “I have been fishing since I was six,” he narrated.

Jaish’s boat was among the nine Indian boats that were confiscated, and the fishermen were brought to the Docks Police Station before being sent to Landhi Jail. Fifty fishermen on board the boats were charged under the Foreign Act-1946 and Exclusive Fishery Zone, and nine juveniles — Jaish, Bhano, Wasal, Karoo, Aroon, Depiash, Haresh, Vinod, and Cheetan — were sent to the juvenile jail.

Sitting beside Jaish in the juvenile jail was Cheetan, belonging to Dagasi, from Daman, India, who was caught along with his father in March by the Maritime Security Agency. Cheetan said that ever since they were apprehended, he has only seen his father twice. Even in conditions like these, he is worried about how his family be surviving back home, since both the bread winner were in prison in another country.

Cheetan said that though he loved studying, he had to abandon it in order to help his father to earn sustenance for the family. He said that there is a school in the prison, but they could not go there as their mother tongue is Gujrati, and there is no teacher for that.

The case regarding the juvenile detainees was first brought to the fore by Abdullah Khosa, the provincial manager of juvenile justice at the Society for the Protection of the Rights of the Child (SPARC), who filed a petition for their release to the chief justice of the Sindh High Court.

However, only one hearing has been conducted so far, and the sentence has been extended till January 2010. “Even though the Home Department has forwarded a request to the Indian High Commission in Islamabad for the release of the prisoners, the Indian High Commission is completely mum on the issue,” an irate Khosa told The News.

Khoso admitted, however, that the release process might take a longer time since relations between the two countries have soured, especially in the wake of the Mumbai attacks.

“The swapping of prisoners between the two countries seems like the only way through which these inmates can return home. These children should be deported immediately on humanitarian grounds. Similarly, we want this gesture to move the Indian authorities so that they release Pakistani citizens who are languishing in Indian jails,” he said.

While cases remain pending in courts, Jaish and those in similar situations as him, continue to live a life of anxiety. Jaish said that he never knew he would be facing such a fate by only going out to earn for his family. “There are no borders in the sea. How can we distinguish which line demarcates the two countries?” he lamented.

Cheetan added that the bitter relation between the two countries has not taken its toll on the juvenile inmates. “There is no resentment between the inmates. The Pakistani inmates treat me like their own brother, and I love sharing my village stories with them, and talk about Bollywood stars,” he winked.

The juvenile jail currently has 57 foreign inmates, out of which 39 are under trial, eight are convicted and the other 10 are detainees. Apart from the Indian inmates, the rest of the foreign inmates are the Afghans.

While Jaish has vowed never to indulge in the fishing business once he gets back home, Cheetan has ‘no other option’, he has to carry the job to earn the eager Rs5,000 for the family.

Monday, December 14, 2009
By Rabia Ali
Karachi
http://www.thenews.com.pk/daily_detail.asp?id=213225

Sunday, November 29, 2009

Eid gifts distributed among juvenile inmates

Society for the Protection of the Rights of the Child (SPARC) distributed Eid gifts among juvenile inmates at the Remand Home in Nazimabad, Karachi.

Akhtar Mangi, the Superintendent Remand Home, on the occasion shared with audience that the Remand Home was established in 1973 under the Sindh Children Act 1955, said a press release issued on Thursday.

Mangi appreciated the contribution of Sparc, which not only repainted the entire Building in 2009 but has also provided clothes for children, blankets, ceiling fans, exhaust fans and mattresses for sleeping on the floor, computer and printer.

With such support, he said, the life at the Home and work has been improved. He further said that in the absence of vehicle and security guards they face problems in producing children in the courts. But it becomes more troublesome when Remand Home receives an injured child by police or public, he said. It takes four to five days to get formal permission from the police department to take the injured child to the Civil Hospital Karachi. In the absence of immediate medical treatment, the child suffers a lot due to pain.

On the occasion, Abdullah Khoso, Manager at Sparc said the Remand Home is a form of detention for alleged offender children who have come in conflict with the laws. It is meant for the custody, trial, protection, treatment, and rehabilitation of children.

But sadly, he said, it is the only place for very minor juveniles throughout Sindh which is an open violation of the Sindh Children Act 1955 and Juvenile Justice System Ordinance 2000. Further, he added that it is the most neglected area in the juvenile justice system. The home occupies very small space relegating children to sleep on the floor, having no space to play inside the building whereas outdoor games are out of the way.

On the occasion, a child, (F), aged 12 years said that he was implicated in a false case of theft by police as unfortunately he was present at the time when the crime took place. He said that he, his father and brothers are laborers and he will miss his parents and friends on the occasion of Eid.
Saturday, November 28, 2009
By our correspondent
http://www.thenews.com.pk/print1.asp?id=210818

Saturday, November 21, 2009

Activists demand implementation of ordinance

Activists demand implementation of ordinance
Activists advocating to defend the rights of children on Friday demanded to the Chief Justice of Sindh High Court (SHC) and the Inspector General Police Sindh to implement the Juvenile Justice System Ordinance 2000.

The activists demanded this while organising a two-day Juvenile Justice System Awareness Camp at the city courts premises, said a press release issued here on Friday. The camp was jointly organised by Karachi Bar Association (KBA), Society for the Protection of the Rights of the Child (SPARC) and In-charge of the Child Rights Desk (CRD) established at the women police station New Town Karachi. The presence of police officers at the camp was a great surprise for many of the visitors. A large number of visitors termed the police responsible for increasing crime rate.

For two days, the camp remained a center of debate about the juvenile justice system which is not being implemented. A huge number of visiting lawyers, barristers, relatives of the prisoners, prosecutor generals and police officers shared their experiences and initiated a positive dialogue about a constructive role of all organs of the juvenile justice system. The camp aimed to promote concept of pro-bono among lawyers, so they could voluntarily undertake cases of poor children as public servants without payment.

In-charge child rights desk, police officer Farida Khan while talking to visitors said that all police officers are not bad. There are some good police officers too, who are trying to cultivate positive trends.

Abdullah Khoso, provincial manager juvenile justice, said that the CRD is primarily responsible to deal with the cases of children who come in conflict with the law. It is providing protection and ensuring all the rights are given to a child being alleged for an offence under the Juvenile Justice System Ordinance (JJSO) 2000 and Sindh Children Act, 1955. The desk, whenever possible, is also diverting a child for a minor offence from the retributive formal criminal justice system to an informal system of rehabilitation and reintegration. The desk will also deal with children who become victim of any offense like sexual abuse, torture, sale, trafficking, forced begging, forced labour, exploitation etc.

Khoso moreover said that Lawyer fraternity has to jointly play its role to get the juvenile justice system implemented. They should write to the Chief Justice Sindh High Court for establishing Juvenile Courts and solving issues of bail and surety for poor children. He added that 20th November is Universal Children Day because on this day United Nations Assembly had adopted Convention on the Rights of the Child (CRC). The article 40 of the CRC says that a child in conflict with the laws has right to treatment which promotes the Child’s Sense of dignity and reintegration into society, which is hardly seen in practice.

Naeem Qureshi, General Secretary Karachi Bar Council (KBC), said that KBC will write to the Chief Justice Sindh High Court for the establishment of Juvenile Courts and implementation of the JJSO 2000 in its true spirit.
http://www.thenews.com.pk/print1.asp?id=209669
Saturday, November 21, 2009
By By our correspondent
Karachi

Monday, November 2, 2009

‘Children for sale’

THIS is apropos of the news item, ‘Girl for sale’ (Sept 18). Muhammad Ayoub, a jobless man, had taken his 12-year-old daughter to the Hyderabad Press Club where he offered her for sale.

Likewise, on Oct 12, Nadeem, a resident of Hyderabad, had brought three children with him at the press club for sale because of poverty, hunger and inflation.

Such incidents are becoming common gradually and parents are compelled to bring their children for sale at different press clubs of Sindh.

They, in their desperateness, hold placards bearing such announcements as ‘children for sale’ because they cannot afford to feed, cloth and protect them.

This increasing trend shows that our society has been badly fractured and has stopped cultivating the best values of love and affection for children.

The value of respecting children and their rights as being innocent has disappeared from our society.

This also shows that our institutions have not been able to dispense social justice among the poor.

Besides, unfortunately, there is no child protection law in Pakistan which could ensure respect and protection of children from their sale by their parents, or else, because of poverty, hunger, joblessness and inflation.

In 1990, Pakistan had ratified the United Nations Conventions on the Rights of the Child (UNCRC) 1989.

The UNCRC’s Article 4 says that states parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of rights recognised in the present Convention.

Furthermore, in Article 35 it explicitly says, “State parties will take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form”.

After the ratification of the UNCRC, Pakistan has to provide complete social, legal, economic protection to children from such acts but after the passage of 18 years to its ratification still no concrete and visible measures have been taken to enable legislation like creating national child rights commission and bringing national laws in conformity with the UNCRC.

However, in 1996, the first draft of the National Child Protection Bill was prepared and since then it has been refused numerous times and lying useless.

Also Pakistan does have the Prevention and Control of Human Trafficking Ordinance, 2002, but it does not cover internal (or within Pakistan) trafficking or sale of children by anyone for any purpose.

ABDULLAH KHOSO

Karachi

Monday, 02 Nov, 2009 | 06:06 AM PST
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/letters-to-the-editor/children-for-sale-119

Tuesday, September 22, 2009

Activists push for juvenile jails reforms

Thursday, September 17, 2009
By By Jan Khaskheli

Karachi

Civil society organisations working for the protection of children’s rights have urged the government to establish ‘Youthful Offenders Industrial Schools’ in jails across the province so as to ensure that juvenile inmates are provided with adequate therapy and turned into reformed citizens, The News has learnt.

Abdullah Khoso, provincial manager of Juvenile Justice Sindh - a subordinate body of Society for the Protection of the Rights of the Child (SPARC) - told The News that jails should be turned into institutions to educate children, so that they come out as conscientious citizens when they are released instead of people reverting back to crime.

Narrating his experiences from a week-long visit to police stations and juvenile wards in northern Sindh, Khoso said that these wards were in deplorable conditions, while police officers were ignorant of juvenile laws. He said that in the absence of such facilities in northern Sindh, hundreds of juvenile prisoners become hardened criminals or turn into victims of physical and sexual abuse.

He claimed to have met 22 juveniles inmates at the juvenile ward in Khairpur Jail, where almost all children were suffering from skin allergy. Children complained that they were neither provided with medicines and proper treatment by jail authorities, nor have they been given safe drinking water. Instead, the children maintained, they were being compelled to use brackish water in prison.

Khoso said that the Sindh Prisons inspector general (IG), Sindh Police IG, Minister for Prisons as well as the Sindh Home Department have to take efficient and quality measures to improve the behaviour of police officers towards the child offenders as well as to the condition of the prisons.

While talking about the meeting he held with the Khaipur Jail deputy superintendent (DS), Khoso said that the DS told him that they had sent requests to the Home Department for installing pipelines to provide safe drinking water to juveniles. However, they were waiting to receive a response. He further added that the conditions at Larkana and Jacobabad jails’ juvenile wards were pathetic, and that the jail staff did not allow civil society members to visit and help improve ward conditions.

Khoso and his team also visited more than a dozen police stations in Khairpur and Sukkur districts, where the officials concerned had no knowledge of Juvenile Justice System Ordinance-2000, Sindh Children Act 1955 or of any other laws related to children’s rights. Similarly, the law stating that the probation officer had to be informed immediately after the arrest of any child was not in their knowledge.

Members of the civil society organisations working on children rights alleged that while higher authorities including the district police officer (DPO) had given due weightage to children’s cases, but the lower rank police staff only cared about their own vested interests.

Civil society members also said that the Sukkur DPO and Khairpur DPO have established Child Rights Desks (CRDs) at their respective headquarters, which will help to protect children from any abuse and ensure that children attain all legal rights whenever they come in conflict with the law. Unfortunately however, the performance of these CRDs has been reported to be unsatisfactory because of the scant interest shown by administrators. Civil society organisations have demanded proper monitoring of CRDs by the DPO, and the implementation of laws to protect the rights of children, especially the juveniles in prisons.

Members of the organisations said that in the past jails were institutions educating and rehabilitating prisoners to become reformed citizens, but that now they had become nurseries to help crime thrive.

http://www.thenews.com.pk/print1.asp?id=198889

SHC orders release of minor boy

KARACHI: Arbelo Kalhoro, a minor under trial prisoner was freed on the orders of a division bench of the Sindh High Court here on Thursday.
The bench also ordered immediate removal of his handcuffs before his formal rele......ase. The bench comprising Justice Mushir Alam and Justice Mohammad Ather Saeed was seized with the hearing of a complaint filed by Provincial Manager of Juvenile Justice System, Society for the Protection of Right of Child (SPARC) Abdullah Khoso addressed to the SHC chief justice, who converted it into a constitutional petition.
The complainant maintained that Arbelo was arrested by Bhirya city police after a brawl in the family and he was nominated as one of the attackers by the other side.

The boy was first kept into lockup with adult accused for 15 days and then in sub jail Naushehro Feroz.
The complainant maintained that it was a violation of the UN Convention on Rights of Children to which Pakistan is a signatory.
The boy was brought to the court by a police party with handcuffs. The bench expressed extreme displeasure over the manner in which the minor was treated and ordered removal of his handcuffs immediately. The bench later ordered forthwith release of the boy on personal bond by the complainant.
http://dailytimes.com.pk/default.asp?page=2009\09\18\story_18-9-2009_pg12_4Read

Thursday, September 3, 2009

Separate facility for child prisoners needed

SINDH is plagued by the absence of a juvenile justice system. The situation, however, is worst in the northern part of the province. Major players in the criminal justice system are unaware of special protection measures provided in different laws for children coming into contact with the law.

Children are handcuffed and kept in police lockups with adults. They are taken to courts in the same vans as adults. They are presented in courts deigned to cater to the needs of the adult prisoners. Their cases are heard in overcrowded courts in violation of the provisions of the Juvenile Justice System Ordinance 2000.

Children arrested in Sukkar, Khairpur, Larkana, Jacobabad, Shikarpur and Ghotki districts for minor and major crimes are kept in the ‘bacha’ (juvenile) wards annexed to the adults’ prison.

The adult prisoners access them very easily because they are entertained by the same administration at the same entry point.

There are two correctional facilities, namely Youthful Offenders Industrial Schools (YOIS) in Karachi and Hyderabad. These schools deal with children who belong to urban areas but they (schools) are handicapped by certain limitations and problems of resources and capacities.

Although these were established under the provisions of the Sindh Children Act, 1955, they are being run under the Pakistan Prison Rules 1978.

But juveniles from northern Sindh do not have any such separate correctional facility that can help them to improve their attitude and life, and make them normal beings. The fact of their being in the proximity of adult prisoners is a stumbling block. In the absence of any correctional facility, borstal institution or YOIS in any part of northern Sindh, hundreds of juvenile prisoners sometimes turn out to be hardened criminals or become victim of physical and sexual abuse.

Life and attitude of the juvenile inmates in interior Sindh can be improved through reformatory institutions like a separate institution/prison in northern Sindh.

ABDULLAH KHOSO
Karachi
Thursday, 03 Sep, 2009 | 01:41 AM PST
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/letters-to-the-editor/separate-facility-for-child-prisoners-needed-399

Reporting child abuse

These days it has become very common with the newspapers, English, Urdu and Sindhi, to publish the identity of children, either victims or offenders, for the sake of becoming popular. These do not give due consideration to the children's rights to privacy, dignity and protection as well as to the law that prohibits them from such an act.

According to Section 8 of the Juvenile Justice System Ordinance 2000, no newspaper or magazine in any form will disclose the name or identification of the child. Also Section 23 of the Sindh Children Act 1955 prohibits the same. It says, "No report in any newspaper, magazine or news-sheet of any case or proceeding in any court under this Act in which a child is involved shall disclose the name, address or school or include any particulars calculated to lead directly or indirectly to the identification of any such child, nor shall any picture be published as being or including a picture of any child".

In the reporting of children's issues, particularly when these are victim or a rape survivor, media outlets have to adopt ethics and avoid publishing the identification (name, photograph) of the children but unfortunately such media ethics have died due to a phenomenal advancement in technology and increasing competition among the media companies.

Publishing details of a rape survivor (child) violates the child's right to privacy, and could be seriously negative to her/his current and future well-being. The child will not only have to live with the abuse she/he has experienced, but also other people's knowledge of what occurred to her/him, the (probably redundant) attention that this may bring, and the impact that this may have on her/his ability to deal with her/his experiences. Given the abuse the child has already experienced, the non-essential publication of her/his trauma to please the curiosity of readers perhaps leads to the secondary abuse.

The National Commission for Child Welfare and Development of Pakistan (NCCWD) has also prepared a "Code of ethics for media on reporting of children's issues". There are also the guidelines of the International Federation of Journalists (IFJ) which say that journalists and media organisations "shall strive to maintain the highest ethical conduct in reporting in children's affairs and, in particular, they shall… consider carefully the consequences of publication of any material concerning children and shall minimise harm to children".

By Abdullah Khoso
Karachi
Friday, September 04, 2009
http://www.thenews.com.pk/daily_detail.asp?id=196517

Sunday, April 26, 2009

Encroachment: In the name of Religion

Unplanned and unregistered mosques are springing up in various parts of the city - some being built owing to sectarian differences, and are fast becoming a source of worry.

By Abdullah Khoso

Khob Nawaz, 45, is not a content man. Every day, along with other residents in his locality of Muhammadi Colony in Keamari, he has to walk long distances to a mosque in a neighbouring area, even though there is one right in his own neighbourhood.

However, the mosque in question – Tayyaba Mosque – is currently under the control of a Pesh Imam, Allah Buksh, and it is because of him that the residents of Muhammadi Colony have refused to offer prayers in their own area.

Buksh's occupation of the mosque was not always a disputed matter. A few years ago, he was asked by one Babu Tanveer, another resident of the community, to lead prayers at the mosque when it was under construction.

But when the people of the area noticed Buksh practising rites different to what they followed, they stopped going to his mosque and instead turned to a mosque in a different neighbourhood.

"It became a problem for the older people of the area in particular," explains Nawaz. "They have very strict beliefs that do not permit them to offer prayers behind someone who belongs to another sect. They now have to walk a long way to get to the other mosque."

Buksh, however, is convinced he should remain in the mosque and continue to preach as he has been for the past two years. He is backed by another Sunni group, but according to Nawaz, the people of this group live in a separate area. "Allah Bukhsh himself lives a good 10 miles away from the mosque," adds Nawaz.

In Karachi, it has been learnt that disputes over who is in control of a mosque stem mainly from two reasons: sectarian differences, as in the case of the Tayyaba mosque, or money. In the latter case, local communities, who have little to do with the issue at hand, end up being the most affected.

"Five years ago, disputes over the possession of mosques in Karachi were very common, and were usually started by land-grabbers, who used the mosque to protect their economic interests," says Muhammad Younis, Coordinator, Urban Resource Centre, an NGO.

This means that often, mosques end up being built where they should not be. As Younis points out, "The allotment of land should be planned, but neither the people nor the government care. People just donate a piece of land and construct a mosque on it regardless of whether that area is suited for it"

To back his claim, Younis cites the example of a mosque in Lyari which is built on a sewerage line. The construction of the mosque has blocked the flow of sewage and filled the area with a stench.

"It is an awful thing, but no one cares," laments Younis. He adds that there are many other mosques in the city that cause traffic jams because they are ill-placed, but no one speak up against it.

"It is such a sensitive issue that no one dares say anything."

Asif Khalid Saif, senior research officer at the Council of Islamic Ideology, agrees that mosques should not be constructed without due approval and planning. "A mosque should be a source of integration in society rather cause of inconvenience for neighbours and civic life," he says.

However, those who are in control of mosques in Karachi claim that not every mosque in the city falls under their jurisdiction. Mosques are the concern of the Auqaf Department, but the department, which deals with just 31 mosques in the city, admits that they do not know exactly how many there are. "We are not concerned about other mosques and their construction, nor do we know where new mosques are being approved or registered for construction," states Muhammad Nusrat Hussain, Administrator Auqaf Department.

Constructing mosques without prior permission may not be legal, but even when the dispute is sectarian in nature, such as with Tayyaba mosque, it is liable to end up in court.

"I have dealt with many cases like this, and I know that in Karachi, some people do not like to go to neighbouring mosques, even if those in charge of those mosques belong to their own sect," says Javed Ahmed, who practises law at civil court.

He does not have to look far to prove his point. "My own uncle believes that people in neighbouring mosques are not Muslims practise an interpretation of Islam that is incorrect," he says.

In 2007, a similar type of civil suit was filed at the Civil Court West, where two parties were battling over the rights to the Jamia Masjid, part of Farooq Azam Trust in Sultanabad. Unlike in the case of the Tayyaba mosque, however, here both parties belonged to the same ideological group, and were locked in controversy over who should receive the rent generated by 17 shops built on land allegedly belonging to the mosque. The Union Council Nazim was dragged into the affair, and ultimately dissolved the committee of the Farooqe Azam Trust, although later the decision was challenged and deemed unlawful.

The dispute surrounding Tayyaba mosque, meanwhile, has been taken to the DDO office Keamari under the section 107 and 117 of the criminal procedure act. The administration at the DDO office considers the issue a sectarian divide and has indicated that the case should proceed quickly, considering the sensitive nature of the dispute. However, no decision has been reached to date.

Published with Kolachi, The News International at http://jang.com.pk/thenews/apr2009-weekly/nos-12-04-2009/kol.htm#3