Human Rights Violation by Vedanta in Orissa

All over the world indigenous people are facing grave threats to their existence from various developmental activities and climate change. As we approach another International Day of the World’s Indigenous People on 9th August, we are faced with another issue of similar hue in Orissa, India.

Niyamgiri Hills in Orissa is the dwelling place of the Dongria Kondh tribal, a group of indigenous people. The UK based Vedanta Resources Plc and its subsidiaries are planning bauxite mine and alumina refinery in their land, which would lead to environmental destruction and thus would adversely affect the livelihood of the Dongria Kondh tribal. People living in the area are already facing human rights violations to their water, health and pollution to their environment. Communities living in these parts of Orissa are already people who are excluded from the decision making process that affect their lives. Human rights groups allege that the Government of India, in agreement with Vedanta, gave approval for the mine and the refinery without free, prior and informed consent of the Dongria Kondh people living in the forest area of the Niyamgiri hills.

The findings of the report by the three-member official investigatory team of the Ministry of Environment and Forests (MoEF), which was released on 12 March 2010, highlight the absence of any concrete studies on the impact of the mining on the lives of the Dongria Kondh people, who reside in Niyamgiri hills. The report also finds that “(the) disruption of the habitat and the way of life of this PTG [Primitive Tribal Group] cannot be remediated nor compensated, and may lead to the destruction of the Dongria Kondh as a PTG.” It also points out that the State Government never initiated any process to seek the informed consent of the Dongria Kondh people for the mining project, which is otherwise guaranteed by the Indian forests laws.

By upholding a complaint against Vedanta by Survival International, the British Government during September 2009 ruled that the company had failed to respect human rights of the Dongria Kondh people and said that an immediate change in the company’s behaviour was essential. The Church of England sold out its £3.8million shareholding in Vedanta and stated “We are not satisfied that Vedanta has shown, or is likely in future to show, the level of respect for human rights and local communities that we expect."

MoEF Minister of India, Jairam Ramesh has promised follow-up action on the findings of the investigative team. Amnesty International urges that the follow-up action on this regard has to include a full consultation with the local communities living in the Niyamgiri hills. The Government must make sure that the authorities and the company are not violating the human rights of the Dongria Kondh people living at the proposed mining site of Vedanta. Amnesty International demands that no expansion of the refinery and mining should go on until and unless all existing problems are resolved.

Please take a little time to sign the online petition that is to be sent to the Minister of Environment and Forests, Mr. Jairam Ramesh urging him to refuse clearance to the refinery expansion and take action to address the existing pollution caused by the Lanjigarh refinery and to enforce laws to prevent further pollution. Click on the following URL to sign the online petition.

http://www.amnesty.org/en/appeals-for-action/stop-mining-and-refinery-projects-devastating-communities-india

(For Amnesty International)

Amnesty International's Press Release Urging J&K Government to End Detention of Lawyers

In the state of Jammu and Kashmir in India, the government has detained the leaders of Jammu and Kashmir High Court bar Association under the Public Safety Act (PSA). The act allows for detention up to two years without any charge or trial on the presumption that some harmful acts will be perpetrated against the state in the future. The President and the General Secretary of the Association have been detained since 7th and 18th July respectively. Amnesty International, through the press release given below, is calling on the Jammu and Kashmir authorities to end the preventive detention of the leaders.

Jammu and Kashmir authorities urged to end detention of lawyers

22 July 2010

The Jammu and Kashmir state government must immediately end the preventive detention of the leaders of the Jammu and Kashmir High Court Bar Association, Amnesty International said on Wednesday.

Mian Abdul Qayoom, the President of the Bar Association and Ghulam Nabi Shaheen, its General Secretary, have been arbitrarily detained under the J&K Public Safety Act (PSA) since 7 July and 18 July 2010 respectively.

The vaguely formulated PSA allows for detentions of up to two years without charge or trial on the presumption that future acts harmful to the state may be committed.

"The detention of the Bar Association leaders appears to be an attempt to stifle legitimate and peaceful protest, as part of the ongoing crackdown by the authorities in parts of Kashmir," said Sam Zarifi, Asia-Pacific Director at Amnesty International.

The grounds of detention prepared by the Srinagar District Magistrate relating to Mian Qayoom allege he is attempting to turn the Bar Association into "a secessionist outfit" indulging in "illegal activities".

Four previous criminal cases registered involving Mian Qayoom between October 2008 and June 2010 are also mentioned in the document which accuses him of instigating recent protests that have reportedly left at least 18 people dead.

"The state administration has resorted to preventive detention under the PSA, which subverts the judicial process," Zarifi said. "If the government has criminal charges to bring, it should do so in a properly constituted criminal trial where Mian Qayoom will have the protections afforded under the law, for instance, the ability to post bail."

The official grounds of detention against Mian Qayoom state that he is being detained for questioning the conduct of government security forces and for his political views.

Reports indicate the General Secretary of the Bar Association, Ghulam Nabi Shaheen, is being detained on similar grounds as well as for organizing public rallies seeking the release of Mian Qayoom.

"The arbitrary use of the PSA to detain government critics is yet another demonstration of why this law must be repealed," Zarifi said.

The Kashmir valley has witnessed mass public protests over the past several months, initially over the extrajudicial executions of three men at Machil, Baramulla district, and subsequently by killings of protesters by Central Reserve Police Force personnel.

At least 18 people, many of them teenagers, were allegedly killed during a crackdown on protests that began on 11 June 2010.

Amnesty International has previously demanded that the Indian authorities avoid excessive use of force and investigate all the deaths due to the shootings.

The State administration has also responded by placing a large number of people in preventive detention instead of charging and trying them – including those reportedly suspected of throwing stones at the police and others suspected of inciting violence by posting inflammatory material online.

A number of political leaders have also been recently detained including Hurriyat Conference (G) chairman Syed Ali Geelani, and his aides Mohammad Ashraf Sahrai, Ayaz Akbar, Mohammad Yousuf Mujahid and Zafar Akbar Bhat. Prominent Kashmiri leaders including Shabbir Shah and Nayeem Ahmed Khan also continue to remain in detention under the PSA.

(For Amnesty International)

Silencing Dissent in Sri Lanka – Freedom of Speech in Peril

If we don't believe in freedom of expression for people we despise, we don't believe in it at all, Noam Chomsky once said. The basic premise in which democracy rests is the freedom of speech and expression and whenever it is in peril, democracy is in peril.

However, in many countries autocrats have usurped power and leave no stone unturned to make sure that they silence all forms of dissent. The civil war in Sri Lanka and the subsequent triumph of the government forces against the Liberation Tigers of Tamil Eelam (LTTE), supplemented by the enormous election victory, has made Mahinda Rajapakse government autocratic. Reporting truth, if that truth is against the government’s view, is often a hazardous proposition in Sri Lanka as journalists are killed, physically assaulted, maimed, abducted and harassed. Armed groups in the country are also known for their arm-twisting tactics against those journalists and human rights activists who dare to challenge them by exposing the truth.

The malicious statements of a democratically elected government against dissenting journalists and human rights activists would create a dangerous precedence that would harm the smooth working of the principles of democracy. Any group, political or otherwise, that has no regard to the freedom of speech and expression of people has no right to remain and work in a democracy, or for that matter, in a civilised world. In Sri Lanka, Rajapakse government’s malevolent responses against criticism have reduced their international legitimacy. The United Nations expert panel has decided to investigate the war crimes committed in the civil war. Demonstrations led by a minister in Sri Lanka against this expert panel show the overt hostility that the government has for the UN’s investigation.

The Sri Lankan civil war that ran from July 1983 to May 2009 witnessed incredible reduction in the freedom of press. The various governments in the country refused to recognise that the press and the common people had a right to information. As the intensity of internal strife increased, the noose on the neck of press freedom also got tightened. The press in Sri Lanka was allowed only to project the government’s version of events. They were always stopped from publishing the truth and from reporting the human rights abuses done by both the government forces and the armed men of the LTTE. January 2010 presidential election made the Rajapakse government more strong and they increased the clampdown on dissenters and opposition voices. Even famous newspapers and journalists were arrested, trade unionists harassed and web-based media intimidated.

India as a responsible neighbour and as an aspiring regional super power has an enormous onus to constructively engage in the human rights situation in Sri Lanka. President Mahinda Rajapakse recently came down to India and had discussion with the Indian government. The comments made by Rajapakse after the meetings show that his actions of silencing dissent and violating human rights got a tacit approval from Indian authorities. If that is the case, it must be noted that it is not the right view to take for a country which is the largest democracy in the world. We, as a country, have never been known for supporting any human rights abusers or governments that silence dissent. Indian government should take into account the emotions and opinions of ordinary Indians who have always given our support to freedom of speech and expression.

The Indian government and the citizens should voice our concerns against the human rights violation in Sri Lanka and against the forces that silence dissent in the country. We should also urge the United Nations to go on with the investigation of the expert panel on human rights violations in Sri Lanka, despite the protest from the Lankan government.

Please go to the below mentioned URL and the online petition of Amnesty International to call on the UN to investigate Sri Lanka Human Rights violations.

http://www.amnesty.org/en/appeals-for-action/call-un-investigate-sri-lanka-rights-violations

(For Amnesty International)

Amnesty International’s Press Release Urging Indian Authorities to Avoid Excessive Use of Force in Kashmir Valley

As the law and order situation remains highly volatile in Jammu & Kashmir, another teenager was shot dead yesterday evening raising the death toll to 4 in the last 2 days. In such a situation it is imperative for the J&K government to make sure that human rights violations are not committed while trying to bring the violence under control. Amnesty International through its press release, which is given here, reminds the government that they have an obligation to protect the right to life in accordance with the international law.

India: Avoid excessive use of force, investigate killings in Kashmir valley

Authorities in India should avoid excessive use of force while dealing with demonstrators in the Kashmir valley, Amnesty International said today.

Over the last month, a total of 11 persons, at least eight of them children between 13 and 19 years old, were allegedly killed in shootings by the Central Reserve Police Force (CRPF) paramilitary personnel stationed across the Kashmir valley, as protestors defied curfew regulations, held violent demonstrations and often clashed with the security personnel in Srinagar, Sopore and other towns which were put under curfew.

Amnesty International has learned that the state authorities have ordered probes into some of the killings during the demonstrations at Srinagar, Sopore and Anantnag. The organization is calling on Indian authorities to investigate all the killings and bring to justice the security personnel, as well as any protesters who have violated an internationally cognizable criminal provision, in trials conforming with international standards.

The authorities have blamed the armed Lashkar-e-Toiba and other Kashmiri separatist organisations for instigating the protestors to throw stones and engage in violence. At least 35 people sustained injuries during the demonstrations so far.

On 11 June, 17-year-old Tufail Ahmed Mattoo of Srinagar was killed, according to initial reports, by a teargas shell fired by the police at the protestors. However, later reports said he was shot in the head. On 19 June, a Srinagar court has directed the state police to investigate this killing and submit its report by 28 June.

On 20 June, as protests over the killing of Tufail Ahmed Mattoo turned violent, a 24-year-old carpet weaver of Srinagar, Rafiq Ahmed Bangroo, sustained serious head injuries and went into coma. He died on 19 June at the hospital. Some reports suggest that he was beaten by the CRPF personnel during the protests. The next day witnessed further protests over the death of Bangroo, as youths returning from his funeral attacked a CRPF post and attempted to set fire to a CRPF armoured vehicle. A 19-year-old relative of Bangroo, Javed Malla, was killed in the CRPF firing.

On 25 June, two teenaged children, Firdous Ahmad Kakroo and Shakeel Ahmad Ganai were killed as the CRPF personnel fired at demonstrators demanding the bodies of two armed guerrillas killed by the security forces near the Sopore town, 55 km from Srinagar. Eyewitnesses had reported that the demonstrators set fire to the CRPF commanding officer’s vehicle and attacked a security bunker. The authorities claimed that the two were armed guerrillas with close links with Lashkar-e-Toiba and the CRPF claimed that it had fired in self-defence.

Over the next two days, Sopore witnessed two more deaths – of 22-year-old Bilal Ahmed Wani and 17-year-old Tajamul Ahmad Bhat - as the CRPF personnel fired to quell protestors repeatedly defying curfew. On 28 June, demonstrators on the outskirts of Baramulla town clashed with the CRPF personnel after which another youth, Tariq Ahmed Rather was shot dead; the next day. The next day, three protestors, 15-year-old Ishfaq Ahmed Khanday, 17-year-old Imtiyaz Ahmed Itoo and 19-year-old Shujatul Islam – were shot dead in Anantnag district. While the initial reports said they were killed in firing by the CRPF, later reports suggested that they had been initially detained and then killed.

Amnesty International reminds the Indian authorities that they have an obligation to protect the right to life in accordance with international law. This includes the International Covenant on Civil and Political Rights, to which India is a state party, and standards such as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials, which state that firearms should be used only when strictly unavoidable in order to protect life.

A meeting convened by Prime Minister Manmohan Singh on 29 June, directed the CRPF to exercise “maximum restraint and sensitivity” while assisting the state police in enforcing curfew regulations in the valley. Amnesty International is urging the Indian government to ensure implementation of its directives, and ensure protection of the right to life under international law.

Background

The latest round of protests over extrajudicial executions in Kashmir commenced in late May after the Jammu and Kashmir authorities exhumed the remains of three young men allegedly killed by the Indian security forces at Machil in Baramulla district after they had been promised jobs as casual labourers for the security personnel stationed near the Line of Control (LoC) between India and Pakistan. An inquiry is being conducted into the killings.

The protests also coincided with the commencement of the annual Hindu pilgrimage to Amarnath in the valley, heightening security concerns and the recent Indo-Pakistan meeting at Islamabad last week.

Related

India: Extrajudicial executions must be investigated and suspects prosecuted, AI Index: ASA 20/015/2010, 8 June 2010 http://www.amnesty.org/en/library/info/ASA20/015/2010/en

(For Amnesty International)

To Hell With Hartals

As I sit here to write about hartals, in Kerala we are having a second hartal within a time span of 10 days. Luckily, the left parties under the leadership of CPI (M) and the other opposition under BJP have decided to conduct their hartals (in other parts of India it is called Bharat Bandh) on the same day. The hartal is observed against the petroleum price hike announced by the Central government. While there is no doubt that the petroleum price hike is excessive and needs to be protested, troubling people in that name through hartals is bluntly outrageous.

One of my friends points out to me that hartals were used during India’s independence struggle by the non-violent freedom fighters. It was a successful form of protest as in those days the produce of various economic activities in India used to go to the United Kingdom. Therefore when you protest using hartals, by not working on that day and by closing down your shops, you are preventing the United Kingdom from getting the benefits of the economic activity. So that made sense. But when you use the same form of protest now against our own Indian government, you should know that you are hampering your own prosperity as the produce of economic activities doesn’t go to any other country but to your own country and thereby to you, every single individual in India. So that makes just one sense – nonsense.

While political parties call for hartals they will make promises that they will not resort to violence or force anyone to close down their shops or prevent people from travelling. But they always fail to keep their word and will engage in all sorts of violence to frighten people and to force them to stay at home or to shut down their shops. And, keeping their word has never been a characteristic feature of Indian politicians; in fact they thrive on making false promises and void assurances.

What would be most nauseating is the claim that these politicians would make afterwards that the hartal was a grand success and people have acquiesced with them and stayed at home, by not going to work. Whereas the truth would be that the activists of political parties threaten all those who have ventured outside to go to work with violence. We have often heard of people who have got injured due to attack from party miscreants during times of hartals. If people stay at home during hartals it is only because of they are afraid of getting hurt and not because they approve of the reason behind the hartal call.

In addition to the physical harm that they give to the people, public property is often damaged by the activists of the political parties during hartals. It is imperative that we make laws that make the political party that calls a hartal accountable for the public property damage and get back the amount from them. However often political parties say that the public property damage is not been done by them, but by their opponents to damage their reputation. There is no need for the authorities to heed to this as whoever does the damage, accountability rests with that party that calls for the hartal and it is the risk that they take. These sorts of laws must be made by the legislature, which would mean the political parties. So there are no realistic chances of such laws coming up as all political parties would be wary of such a law as it would make them accountable for the public property damage they do during hartals.

In Kerala, today we are having the second hartal on the same issue from the Left Front and Bharat bandh from NDA. It must be noted that the CPI (M) of Tripura has decided not to have a second hartal on the same issue as they thought it would cause discomfort for the people. But no such common sense prevailed here in Kerala as the Left Front meeting that discussed whether to have a second hartal on the same issue found out that it is necessary to have that. MK Pandhe, the Polit Bureau member of CPI (M), on asking about the second hartal in Kerala, said that people of Kerala are “capable” of having two hartals. His comment must be considered a disgrace by all Keralites, I included, because we have been silent all these years on being imposed with a hartal that all have started making fun of us believing that we’ll never voice our concerns against the hartals. Kerala Chief Minister, VS Achudanandan has said in State Legislature that he has no prick of conscience on imposing a second hartal on Malayalees on the same issue of petrol price hike. But again, conscience is not something we believe Indian politicians have, isn’t it?

And now about some facts. The decision of the Central government to increase the price of petroleum products is shocking. It is often said that alleged losses of petroleum companies on account of increasing international crude oil prices is not true and it is more about decrease in profit than actual loss. But more appalling is Central Governments decision to abandon Administered Price Mechanism (APM) of petroleum products in India. From here on prices of petroleum products in India would be determined by the market forces of demand and supply. That would mean that the price of petroleum products in India would skyrocket if international crude oil prices increase rapidly. From now on Government of India will not indulge in setting the prices of petroleum products and petroleum companies would be free to set prices based on their whims and fancies. In the year 1997, the United Front government under IK Gujral, which was supported from outside by CPI (M) and Congress, initiated moves to dismantle the APM. CPI (M) didn’t make any protest against it then. It was the BJP government in the year 2002 that decided to deregulate the oil sector by dismantling APM. That would mean that neither the CPI (M) nor the BJP has any moral right to protest against dismantling APM that had their support when they were in power at the centre.

In short, all parties are in support of dismantling APM and thereby causing more difficulties to the common man. But dishonest politicians, just to create more trouble for the common man, will keep on calling for hartals on issues that they have no honest political stand for. We common men have no friends among the politicians and we are left in the lurch to fend off ourselves from those who indulge in our livelihood. It is time for us to raise a common voice against hartals. Let us say – to hell with hartals.