Land rights and the struggle for justice: The story of Imdad Hussain Joya in Balochistan

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Dauran Baloch

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Land rights and the struggle for justice: The story of Imdad Hussain Joya in Balochistan

Dauran Baloch

At the beginning of August, Imdad Hussain Joya, a farmer and activist, lost his life during a tribal clash in his fields in Mouza Karamani, a part of District Jhal Magsi, at the hands of unknown armed individuals. Imdad was considered a courageous advocate for the rights of small farmers.

Imdad had been fighting for the rightful ownership of his ancestral land since 2017. He organised press conferences in Islamabad and Quetta and peaceful protests in Dera Murad Jamali. He even filed a petition in the Balochistan High Court against feudal landlords and tribal chiefs of the Magsi tribe who were taking over his land.

But instead of receiving justice, he was convicted in a murder case. He eventually won the case, but just six months ago, local landlords allegedly attacked his home.

In the clash, his daughter Khair un Nissa was injured, as she was allegedly kidnapped twice. Despite these challenges, her abduction cases were not registered due to the influence of these landlords. Imdad persistently presented his case to the public, shedding light on the injustice his family faced from influential figures.

Arbab Imdad Joya, daughter of Imdad Joya, tells Lok Sujag that her family had been enduring hardships for the past six years. She says their father was killed for demanding rightful ownership of their ancestral lands and standing against feudal lords and capitalists.

“On August 3, he was shot and killed while working in his field. The local authorities were informed, but the Levies Force arrived four hours later,” she says, adding that the family took his body to Gandawah headquarters hospital. “We  tried to file a murder report against the landlords and tribal chiefs but were denied.”

Arbab says they eventually moved the body to Dera Murad Jamali and staged a protest sit-in on Sindh Quetta national highway, demanding justice for their father’s murder, but they faced obstacles, including police violence against protesters and the confiscation of an ambulance.

“Despite these challenges, we carried the body on foot for 35 kilometres. At Mahabat Shah Canal, the police took the body from us, arresting several social activists, including women, and treating them disrespectfully. The body was returned under the condition that the protest would stop. An immediate burial took place on the evening of August 5,” she says.

The district administration of Jhal Magsi and Levies Force filed an FIR five days later against MNA Nawab Khalid Magsi, MPA Tariq Khan Magsi, and seven others.

“If my father’s murderers are not arrested, and their whereabouts remain unknown, I will utilise every available forum, persist in confronting landlords, nobles, and chiefs, following in my father’s footsteps, and making every effort to defend our ancestral land to ensure justice for my father,” Arbab says.

Major Abdul Hakeem Abro, who is in charge of Levies Station Mir Pur and Gandhawa, tells Lok Sujag, “Our Quick Response Force reached the spot after the murder of Imdad Hussain Joya by an unknown armed man. We have collected all the evidence of the incident. After collecting the evidence, we have initiated legal action and taken information from the eyewitnesses of the incident.”

He adds that the “issue between Joya and Raheja clans is a prolonged land distribution dispute. We have received many applications from both parties, and local tribal leaders have attempted to resolve the dispute, but it has resulted in failure.”

Regarding late FIR lodging, he says, “We received an application about the incident after five days. We can’t lodge an FIR without a formal complaint.”

He says they have mentioned “the names [of the accused] as provided by the applicant. Justice will be provided to the victim’s family. None of the powerful or influential individuals will be exempted. We will take every step for the supremacy of the law in the area under our jurisdiction.”

Nawabzada Jaffar Khan Magsi, the son of MNA Nawab Khalid Khan Magsi, who is a leader of the Balochistan Awami Party, tells Lok Sujag, “We have no connection or interference in the murder of Farmer Activist Imdad Hussain Joya.”

He says that the killing of Joya is a result of a dispute over ancestral lands between the sub-branches of the Joya and Raheja clans, and this land conflict has been ongoing for several years, resulting in injuries to several individuals.

“Linking this murder to our family is factually incorrect, and an unjustifiable FIR has been lodged against our family. False allegations are being spread on social media, and we are being targeted for political gains. Our opponents are trying to exploit the murder incident of Imdad Hussain Joya for their own benefit in the upcoming elections.”

He says that the condemnation of this incident is insufficient, and they are ready to face a free and fair trial and “FIR launched against my father and uncle in this incident. Our opponents forget the tribal customs and traditions they are directly involved in defaming our family.”

Zaheer Ahmed, the local farmers’ movement organiser in Nasirabad, tells Lok Sujag that Imdad Hussain Joya’s killing was a serious case of illegal land seizure. After his murder, his family faced harassment and violence, violating their legal rights.

He says that he was also unjustly arrested by the police for protesting Imdad Joya’s extrajudicial killing.

The land ownership issue between landlords and farmers in Balochistan’s Green Belt has been a longstanding problem. “The government seems disinterested in resolving these matters and might even support the landlords. Landlords subject farmers to various injustices, such as illegal taxes and crop destruction. A judicial commission should be formed to investigate Imdad Joya’s murder,” he says.

Liaqat Mastoi, a local journalist, says that the farmers of Jhal Magsi have been facing issues for a long time. “Feudal lords and tribal chiefs have imposed an illegal tax on two lakh acres of populated land out of five lakh acres of district Jhal Magsi. Landlords are causing problems by not recognising land ownership. They even burn crops and block water channels.”

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He says that in 2023, “there was an incident where landlords set fire to stacks ready crops belonging to the Sargani tribe farmers because they didn’t want to pay taxes. We’ve reported on many such incidents, which have posed difficulties and challenges for us.”

He also says the government should implement legal changes to protect farmers’ rights, which will help them lead better lives, cultivate without fear, and avoid harassment.

The Human Rights Commission of Pakistan (HRCP) condemned the killing of the rights activist in a statement.

“HRCP is shocked to learn of the murder of human rights defender Imdad Joya, who protested against cases of alleged torture in a Balochistan minister’s private jail. We demand a swift investigation into this incident. Mr Joya’s family must also be provided security at once.”

Protests and rallies all over Balochistan by civil society organisations and human rights activists are demanding that the provincial government immediately form a Joint Investigation Team (JIT) to inquire into the killing of Imdad Hussain Joya.
“Justice must be given to the victim’s family, and the farmers of Jhal Magsi must be given proper property rights to their ancestral land, which they have held for decades,” HRCP states.

Published on 4 Sep 2023

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