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Pakistan’s FirstPEOPLES’ TRIBUNAL ON LAND RIGHTS IN SINDH

Organized by

National Peasants Commission of Pakistan (NPCP)

Society for Conservation and Protection of Environment (SCOPE)

Oxfam’s GROW Campaign

Wednesday: March 26, 2014Indus Hotel, Hyderabad

Report by

Mr. Tahir HasnainNPCP Secretariat, Karachi

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PEOPLES’ TRIBUNAL ON LAND RIGHTS IN SINDH

Organized by NPCP, SCOPE and Oxfam’s GROW Campaign

Wednesday: March 26, 2014Indus Hotel, Hyderabad

Event Programme:

Time Sessions10:00-10:20am Welcome address (by Mr. Tanveer Arif, CEO, SCOPE & Abdul Karim Mengal, President, NPCP)10:20-10:30am About GROW Campaign (by Mr. Shahbaz Bokhari, Manager Oxfam International)

10:30am Moderator: Mr. Jami Chandio, Executive Director, Center for Peace and Civil Society (CPCS)

Jury Members:1. Mr. Justice Wajihuddin Ahmed, Former Senior Judge, Supreme Court of Pakistan2. Mr. M. Yousaf Laghari Member, Pakistan Bar Council & Former Advocate General-Sindh3. Mr. Qazi Ali Athar Environmental Law Attorney4. Ms. Najma Sadeque Senior Journalist and Land Rights Activist

10:40-12:20pm Case Presentations:

1. Case#1: Land distribution in Sindh in 2008, 09 and 10: Impact, Issues and ChallengesPresenter: Mr. Malik Tahir Iqbal, Executive Director, Legal Rights Forum

2. Case#2: Land Distribution in Sindh-1993 (Jamshoro)Presenter: Mr. Noor Nabi Rahoojo, General Secretary, NPCP

3. Case#3: Violations in Sindh Tenancy ActPresenter: Mr. Taj Mari, Programme Coordinator, Bhadar Hari Sangat

12:20-12:30pm Questions from the Jury Members12:30-01:00pm Questions from the Audience01:00-02:00pm Lunch

02:00-02:40pm Case Presentations:

4. Case#4: Issues of Forest Land (Hyderabad, Matiari, Tando Allahyar, Tando M. Khan)Presenter: Mr. Zain Daudpota, Executive Director, Indus Development Organization

02:40-02:50pm Questions from the Jury Members02:50-03:20pm Questions from the Audience03:20-03:50pm Brief of the Pleader: by Mr. Ruchi Ram, Senior Advocate03:50-04:30pm Remarks by the Panel Members04:30-04:40pm Verdict by: Mr. Justice (R) Wajihuddin Ahmed, Chairman of the Tribunal04:40-04:50pm Concluding Remarks (by Dr. Manzoor Ahmed Awan, Associate Country Director, Oxfam GB)04:50-05:00pm Vote of thanks (by Mr. Noor Nabi Rahoojo, Joint Secretary, NPCP)

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PEOPLES’ TRIBUNAL ON LAND RIGHTS IN SINDH

Organized by NPCP, SCOPE and Oxfam’s GROW Campaign

Wednesday: March 26, 2014Indus Hotel, Hyderabad

Tribunal on land rights, in an open public hearing, heard cases relating to peasants’ land rights inHyderabad (Sindh) on March 26, 2014.

The Pakistan’s first Peoples’ Tribunal on Land Rights in Sindh was organized by the National PeasantsCommission of Pakistan (NPCP) along with Society for Conservation and Protection of Environment(SCOPE) and Oxfam’s GROW Campaign which is focusing on food security, climate resilience andempowerment of small holders and landless farmers. Prior to this, NPCP and SCOPE also organizedpublic rallies in two districts of Sindh in order to mobilize the peasant groups and related civil societyorganizations.

The objective of this innovative event was to create awareness among public and media about majorland rights issues in Sindh; highlight flaws in the previous land distribution cases in selected districts andrecommend improvements in next phase of land distribution; mobilize peasants and women toparticipate in rallies to highlight their land ownership rights; inform policy makers and media aboutburning land rights issues in the province; an mobilize land rights organizations and activists around land

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rights issues in Sindh and Pakistan. Speakers at a tribunal stressed the need to bring land reforms andprovide land rights to landless peasants so as to end poverty and food insecurity from the country.

The event was attended by about 500 participants comprising peasants, peasant leaders, rights activists,lawyers, judges, politicians as well as representatives from civil society and media. The event wascovered by a number of newspapers, blogs and media channels. During the tribunal, a number of pressreporters and news channels of mainstream national media of Pakistan covered the event. Theseinclude Geo News, Aaj TV, Samaa, ARY, KTN News, Awaz TV (Sindhi), Sindh TV, Express News, PTV,Duniya News, Dharti TV (Sindhi), Dhoom TV, Capital TV and Abtakk News.

Mr. Jami Chandio, a renowned writer, scholar, activist and head of the Center for Peace and Civil Society(CPCS) moderated the day-long proceedings.

The Tribunal had the jury comprising of Mr. Justice (R)) Wajihuddin Ahmed, former senior judgeSupreme Court of Pakistan as its head while Yousaf Laghari, Members Pakistan Bar Council; Qazi AliAthar, Environmental Law Attorney; and Ms. Najma Sadeque, senior journalist and land rights activist asmembers of the tribunal.

The distinguished panel of Judges heard compelling presentations on four cases of alleged violations ofthe Rights of Land in Sindh. During case presentations, presenters also noted violations of theConstitution of Pakistan. After a full day of hearing and proceedings, the Tribunal took the unanimous

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decision to admit all the cases and recommended that the cases should be followed by the governmentin order to protect land rights of the people.

Before the start of Tribunal hearing, Mr. Tanveer Arif, CEO SCOPE and Mr. Abdul Karim Mengal,President NPCP presented their welcome addresses. In his welcome address, Tanveer Arif said thatdespite being agriculture country, Pakistan’s rural areas are under severe poverty which is matter ofgreat concern. Farmers’ community in the country has been deprived of their land rights due to nexusbetween the government and landlords who hold a great share of land. Rural poverty is mainly due tounequal distribution of land across the country, more especially in Sindh Province. He said that 25percent landlords hold majority of land while 75 percent people hold remaining land of the country. Hesaid that along with land rights, we need technology to irrigate land and incentives for farmers. TanveerArif informed the house that successful land reforms are being conducted in other developing countriessuch as Brazil for the welfare of farmers. He stressed that there is urgent need of such land reforms inPakistan as the land reforms are necessary for alleviating poverty from the country. He said that Bhuttobrought land reforms first time in Pakistan but they proved fail, while during Zia regime land reformswere declared un-Islamic by the Shariat Court.

He further said that Corporate Farming Policy was introduced during the Musharraf government underwhich foreign countries were allowed to purchase land in Pakistan at their will. The countries or foreigncompanies who have purchased lands are producing crops here and sending the crop produce to theirhome countries. He cautioned people that this will cause serious food insecurity in the country.

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Manager Oxfam International, Mr. Shahbaz Bokhari, said thatOxfam is working for ending social imbalances in Pakistanand other parts of the world so that the people could passlife with peace of mind, while Oxfam Grow Campaign isworking in 40 countries of world and its aim is to conductadvocacy of people and inform them that the land is the rightof farmers. In Pakistan, he informed that GROW is supportingNPCP and all other alliances to achieve the mission of winingland reforms and land rights for landless peasants,particularly the women farmers and tenants.

He informed the house that almost 50 percent population ofPakistan is food insecure. Thar is facing acute food shortage,where children are dying due to it. He said that land shouldbe given to landless peasants as it would help alleviatepoverty from the country.

Dr. Mazoor Ahmed Awan, Associate Country Director Oxfam GB, in his concluding remarks said that theevent has genuinely raised the demand of securing land rights to poor especially, to women that need tobe addressed at priority basis. He termed the event as a significant milestone with regard to land rightsof the peasants. He said that the dreams of food security and securing livelihoods of all would remain a

farce until the small farmers/peasants are not beingempowered by giving them their legitimate right toland.

Dr. Awan warned the Government that all thedevelopment efforts will be rendered meaninglessunless one of the fundamental root causes ofpoverty and food insecurity is not addressed that isthe role of secure land rights particularly for women.That is one of the key viable solutions to save Sindhfrom malnutrition and hunger that has already hitthe province, he said and added that current landdistribution programme of Sindh government shouldfocus on landless poor women and the programmeshould be transparent, well executed and shouldalso include other support mechanisms, such asloans on easy terms for inputs, getting fair price fortheir produce, protection/insurance against floods,droughts etc. He emphasized that all the politicalparties should include land reforms program in theirmanifestos.

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In his remarks, Mr. Justice (R) Wajihuddin Ahmed said that the decision of ShariatAppellate Bench of Federal Shariat Court is totally irrelevant even to the IslamicSharia as well and that there are hopes that the Supreme Court will turn it downsooner or later. He criticized the Shariat Court Members on misleading the nationbased on unrealistic narratives while allowing the bunch of landlords to freely use“riba” which is unlawful and forbidden in Islam.

The Moderator of the event, Mr. Jami Chandio, said that land reformsissue exists since establishment of Pakistan. He said that 62 percentfarmers in Pakistan are landless or have less than five acres of landand as a result, social injustices are prevalent in country. He said thatland reforms agenda should be brought to the court of people. Hecalled for joint efforts to get rights of farmers and bring real landreforms in the country.

Presenting the land rights case in the Tribunal, social leader andpeasant activist Mr. Noor Nabi Rahoojo said that 2200 acres of landwas distributed among landless farmers in Taluka Manjhand ofDistrict Jamshoro during previous government of Muhammad NawazSharif in 1993 but later they were

informed by the authorities that these lands are disputed and actuallybelong to the forest department. The crops grown on these lands weregiven under the control of government, while farmers were deprived ofeven their investment which they made in the crop growing. This act ofthe government is strongly deplorable, he concluded. He said that thesefarmers have filed cases in courts which are still pending. He requestedthe court to hold government accountable, these injustices should beratified and the effectee peasants should be compensated at the earliest.He demanded that Pakistan needs result-oriented land reforms so as toend poverty and bring prosperity in the country.

Presenting another land rights case before the Tribunal, senior member ofBhandar Hari Sangat, Mr. Taj Marri said: “We are struggling since long foramendments in Sindh Tenancy Act because many rights of farmers havebeen gulped up under it. He said that their demands were though partlyadjusted during 2002 amendments but latest amendments made in SindhTenancy Act during 2013 are totally unjustified and should be abolishedfollowed by incorporating recommendations made by farmers. He saidthat farmers have long been struggling for their rights but landlords havealways deprived them of their rights. He said that farmers facediscrimination in distribution of crop between them and landlords, whichalso needs to be brought to an end.

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Earlier, Mr. Malik Tahir Iqbal of Legal Rights Forum presented the caseof land distribution program of Sindh Government in 2008, 2009 and2010 in which about 50 thousand acres of land was distributed amonglandless women in 17 districts of Sindh. About 43,044 acres of landwas granted to 2930 Women and 1266 Men. He said that the programlacked proper land survey, planning and execution that caused manyproblems for poor women allottees and a number of womenbeneficiaries are facing litigation. In many cases granted landedincludes ponds, sand dunes and graveyards etc the provision ofalternative land is still awaited. Women winning appeal cases are notbeing facilitated to take physical possession of their land from theinfluential landlord.

Mr. Zain Daudpota of Indus Development Organization (IDO)presented the case of violations in forest land management in Sindh. He criticized the ongoing politicalinfluence in forest land and political involvement in forest department. At the name of agro-forestry, alot of forest land is being converted into agricultural land followed by deliberate deforestation andprivate occupancy. The influential people freely sell and purchase the occupied forest land. Mr.Daudpota shared that on March 10, 2011 Honorable Sindh High Court Karachi passed order (on aconstitutional petition submitted by IDO) that forest land would be used only for development of forest;forest land of Sindh will not be converted in other status than forest; forest land will not be reducedregarding its acreage; to secure the remaining forest cover from deforestation and forest land fromencroachment, GIS mapping would be conducted by Sindh government and it will be made accessible to

the public by putting on official website;and the Yaksaala leasing introduced afterending duration of “Agro forestry policy2004” will not be extended. He said thatso far none of 7 points of the SHC orderrelating to Sindh Government and districtjudiciary has been implemented. Hedemanded compliance on Honorable SHCorder; establishment of Green Benches onDistrict level; advocacy and awareness oflocal communities regarding ownership;and no more political influence in forestland and political involvement in theforest department.

The panel of honorable judges then presented their final verdict covering all aspects of cases presentedbefore the Tribunal. After the conclusion of public hearing (Tribunal on Land Rights), the chairperson Mr.Justice (R) Wajihuddin Ahmed awarded souvenirs among jury members and the event organizers.

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Final Verdict of the judges panel of Peoples’ Tribunal on Land Rights in Sindh

We, the panel of Jurists (Mr. Justice (R) Wajihuddin Ahmed, Mr. M. Yousaf Laghari, Mr. Qazi Ali Atharand Ms. Najma Sadeque) present in Peoples’ Tribunal on Land Rights in Sindh on March 26, 2014:

1. Heard brief summary of four identical cases of peoples’ land rights relating to case studies ofBadin, Dadu, Jam Shoro, Matiari, Sukkur, Tando Allahyar, Tando Muhammad Khan, Tharparkar andThatta districts of Sindh.

2. Specify that the victims in these cases are the landless peasants / haries in Sindh.

3. Admit all the cases and recommend to the Government authorities that the cases be followed uppositively in order to protect land rights of the people.

4. Hold Government authorities responsible for rendering group of farmers in Sindh landless anddepriving them from their right to land, food security and livelihoods.

5. Recommend the Government to distribute more land among landless women peasants in Sindh.

6. Recommend the Government shall resolve pending land disputes / irregularities in previous landdistribution programs on priority basis and the effectees should be compensated.

7. Recommend the Government to revisit recent amendments in the ‘Sindh Tenancy Act’ andintroduce new amendments in favor of peasants through genuinely consulting the representativepeasant groups in Sindh.

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8. Recommend the Government to do proper homework, research, planning and enter-departmental coordination before any future land distribution program so that the beneficiariesget all their land rights, concessions and support.

9. Recommend that the forest land / cover shall not be allotted under the Land Grant Policy or anyother policy or scheme because it is only 8% of total land (International Standard 25%) and rest of92% state land of the Sindh Province belongs to the Revenue Department.

This Tribunal established a firm opinion that the forest cover is very essential for the survival ofour future generations on the planet as well as it maintain Biodiversity and fragile eco system.Forest land/cover should be maintained – should never be depleted but may be added to – and inthe circumstances all the allotted or leased forests land should be cancelled.

10. Recommend the Government, referring to land distribution in Sindh-1993, that where ever theforest land has been involved that land allotment should be cancelled and the effectees should becompensated appropriately.

11. The Government authorities should be made legally and morally bound to grant land to anypeasant in future with assurance of irrigated water.

12. Recommend the Government that land grant policy should be limited to the landless peasantsonly.

13. Recommend that the Government should develop a proper institutional setup andimplementation mechanism to ensure accountability and refrain from political interferences in theland distribution process.

14. Recommend the Government to implement 2008 land distribution policy in letter and spirit andmake an ‘Agricultural Commission’ to supervise all such land distribution initiatives.

15. Recommend that the Government, in tenancy disputes, the power of revision should vest withDistrict Judge – each District Judge should constitute one-person ‘Agricultural Commission’ for aDistrict – and District Judge may also intervene at the interlocutory stage.

16. Recommend the Government that amendments in Tenancy Act by March 2013 shall be modifiedunder the framework of the Sindh High Court directives.

17. Recommend the Government that the law should be modernized - as the Amendments-2002 inTenancy Act refers Rs. 500 fine is equal to Rs. 250,000 now, which no longer relate to the groundreality – Committee on Tenancy Act to give public hearing.

18. The proceedings of this Tribunal should be treated as a public hearing.

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Media Coverage

During the tribunal, a number of press reporters and news channels of mainstream national media ofPakistan covered the event. These include Geo News, Aaj TV, Samaa, ARY, KTN News, Awaz TV (Sindhi),Sindh TV, Express News, PTV, Duniya News, Dharti TV (Sindhi), Dhoom TV, Capital TV and Abtakk News

Appended below, please find links of the press coverage.

English Press:

http://tribune.com.pk/story/687761/farmers-woes-feudalism-corporate-farming-responsible-for-food-insecurity/

http://pakobserver.net/detailnews.asp?id=237602

http://bbcrecord.com/live/10-pakistan/26354-25-landlords-possess-75-of-country-land-moot-told.html

http://pakistan.onepakistan.com.pk/news/city/292508-25-landlords-possess-75-of-country-land-moot-told.html

http://www.dawn.com/news/1095766/govt-selected-easy-case-to-prosecute-musharraf

http://regionaltimes.com/27mar2014/5.jpg

http://dailymessenger.com.pk/wp-content/uploads/e-Paper/English/27-03-2014/jpg/page3.JPG

Sindhi Press:

http://dailyjeejal.com/epaper/?attachment_id=107256#.UzPPUaiSyR4

http://epaper.pknewspapers.com/daily-awami-awaz.html

http://www.dailyibrat.com/beta/pages/jpp_27032014021026.jpg

http://sindhhyd.com/

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Pictorial Glimpses of the Event

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