Cartoon

Interim Observations of the Jury - Independent People’s Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt

http://www.sacw.net/article1398.html

April 11, 2010

Interim Observations of the Jury, 11th April 2010

The jury heard the testimonies of a large number of witnesses over three days from the States of Chhattisgarh, Jharkhand, West Bengal and Orissa as well as some expert witnesses on land acquisition, mining and human rights violations of Operation Green Hunt. The immediate observations of the Jury are as follows:

Tribal communities represent a substantial and important proportion of Indian population and heritage. Not even ten countries in the world have more people than we have tribals in India. Not only are they crucial components of the country’s human biodiversity, which is greater than in the rest of the world put together, but they are also an important source of social, political and economic wisdom that would be currently relevant and can give India an edge. In addition, they understand the language of Nature better than anyone else, and have been the most successful custodian of our environment, including forests. There is also a great deal to learn from them in areas as diverse as art, culture, resource management, waste management, medicine and metallurgy. They have been also far more humane and committed to universally accepted values than our urban society.

It is clear that the country has been witnessing gross violation of the rights of the poor, particularly tribal rights, which have reached unprecedented levels since the new economic policies of the 90’s. The 5th Schedule rights of the tribals, in particular the Panchayat Extension to Scheduled Areas (PESA) Act and the Forest Rights Act have been grossly violated. These violations have now gone to the extent where fully tribal villages have been declared to be non-tribal. The entire executive and judicial administration appear to have been totally apathetic to their plight.

The development model which has been adopted and which is sharply embodied in the new economic policies of liberalization, privatization and globalization, have led in recent years to a huge drive by the state to transfer resources, particularly land and forests which are critical for the livelihood and the survival of the tribal people, to corporations for exploitation of mineral resources, SEZs and other industries most of which have been enormously destructive to the environment. These industries have critically polluted water bodies, land, trees, plants, and have had a devastating impact on the health and livelihoods of the people. The consultation with the Gram Sabhas required by the PESA Act has been rendered a farce as has the process of Environment Impact Assessment of these industries. This has resulted in leaving the tribals in a state of acute malnutrition and hunger which has pushed them to the very brink of survival. It could well be the severest indictment of the State in the history of democracy anywhere, on account of the sheer number of people (tribals) affected and the diabolic nature of the atrocities committed on them by the State, especially the police, leave aside the enormous and irreversible damage to the environment. It is also a glaring example of corruption -financial, intellectual and moral - sponsored and/or abetted by the State, that characterizes today’s India, cutting across all party lines. Peaceful resistance movements of tribal communities against their forced displacement and the corporate grab of their resources is being sought to be violently crushed by the use of police and security forces and State and corporate funded and armed militias. The state violence has been accentuated by Operation Green Hunt in which a huge number of paramilitary forces are being used mostly on the tribals. The militarization of the State has reached a level where schools are occupied by security forces.

Even peaceful activists opposing these violent actions of the State against the tribals are being targeted by the State and victimized. This has led to a total alienation of the people from the State as well as their loss of faith in the government and the security forces. The Government - both at the Centre and in the States - must realize that it’s above-mentioned actions, combined with total apathy, could very well be sowing the seeds of a violent revolution demanding justice and rule of law that would engulf the entire country. We should not forget the French, Russian and American history, leave aside our own.

Recommendations:

1. Stop Operation Green Hunt and start a dialogue with the local people.
2. Immediately stop all compulsary acquisition of agricultural or forest land and the forced displacement of the tribal people.
3. Declare the details of all MOUs, industrial and infrastructural projects proposed in these areas and freeze all MOUs and leases for non-agricultural use of such land, which the Home Minister has proposed.
4. Rehabilitate and reinstate the tribals forcibly displaced back to their land and forests.
5. Stop all environmentally destructive industries as well as those on land acquired without the consent of the Gram Sabhas in these areas.
6. Withdraw the paramilitary and police forces from schools and health centres which must be effectuated with adequate teachers and infrastructure.
7. Stop victimizing dissenters and those who question the actions of the State.
8. Replace the model of development which is exploitative, environmentally destructive, iniquitous and not suitable for the country by a completely different model which is participatory, gives importance to agriculture and the rural sector, and respects equity and the environment.
9. It must be ensured that all development, especially use of land and natural resources, is with the consent and participation of the Tribal communities as guaranteed by the Constitution. Credible Citizen’s Commissions must be constituted to monitor and ensure this.
10. Constitute an Empowered Citizen’s Commission to investigate and recommend action against persons responsible for human rights violations of the tribal communities. This Commission must also be empowered to ensure that tribals actually receive the benefit of whatever government schemes exist for them.

The Independent People’s Tribunal took place from 9th - 11th April, 2010, at the Constitution Club, New Delhi. This was organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country. The people’s jury, comprising of Hon’ble Justice P. B. Sawant, Justice H. Suresh, Professor Yash Pal, Dr. V. Mohini Giri, Dr. P. M. Bhargava, and Dr. K.S. Subramanian heard testimonies from the affected people, social activists and experts from Andhra Pradesh, Chhattisgarh, Jharkhand, Orissa, and West Bengal.

For more information, please contact: Sherebanu 9953466107; Purnima 9711178868

Statement on Maoist attack on police camp in West Bengal

Statement on Maoist attack on police camp in West Bengal

We the undersigned would like to express our deep concern at the
ongoing conflict in the Jangalmahal area of West Bengal where forces
of the CPI (Maoist) and the Indian government have been confronting
each other for the past year.

The regular incidents of violence have resulted in the tragic loss of
too many lives already- both of combatants and innocent civilians-
and needs to come to an immediate end. The systematic annihilation of
opponents and the gross violations of human rights by both sides in
the conflict are a serious setback to the task of building a more just
and humane Indian society.

In this context the attack by the CPI (Maoist) cadre on the Silda
police camp in West Bengal on 15 February killing 24 policemen
represents a severe escalation of an already ugly situation in the
Jangalmahal area. Coming at a time when there are active attempts
being made by many sections of civil society to get the Indian
government to call off its proposed ‘Operation Green Hunt’ against the
Maoists this provocative act by the latter can only result in a
hardening of attitudes all around.

While there are many genuine grievances of the local population
against the West Bengal state government and the security forces
operating in the tribal areas of West Midnapore – including arbitrary
arrests and killings- none of them can be used to justify the latest
Maoist action. In fact the purely military methods adopted by the CPI
(Maoist) are inimical to the task of finding both short and long-term
political solutions to the long-standing problems of the local people.

Use of violence for political goals, however lofty, cannot mean
violation of fundamental principles of humanity and there are also
basic norms and conventions that need to be adhered to. Every such
killing and violation adds to the spiral of grief, trauma and revenge
that is already consuming our polity; and from which the common people
desperately need relief.

Monday’s attack on the Silda police camp also represents a
contradiction of the CPI (Maoist)’s own stated position, through media
interviews of its top most leaders, of the need for talks with the
government of India and the prevention of an ‘all out war’. The
massacre of police personnel also shows a lack of seriousness on the
part of the CPI (Maoist) about its own publicly stated demand that for
‘any kind of democratic work, the ban on the Party and Mass
Organizations have to be lifted’.

The Indian State too should immediately stop all its violations of
human rights in the Jangalmahal area, sincerely settle the problems of
the local people and not use the latest Maoist attack as an excuse to
go ahead with further intensification of the conflict.
We the undersigned sincerely hope for a quick and peaceful resolution
to the conflict, which is putting at grave risk the lives of a very
large number of innocent people trapped between the Maoists and the
Indian State.

Prof. A. Marx, Chennai
Bhaskar Vishwanathan, Chennai
Praful Bidwai, New Delhi
Dileep Simeon, New Delhi
Apoorvanand, New Delhi
Aditya Nigam, New Delhi
Nivedita Menon, New Delhi
Amit Sengupta, New Delhi
Satya Sivaraman, New Delhi

India: Appeal for talks with broader section of people’s struggles in the forest and mineral belt

Aditya Nigam, Dilip Simeon, Jairus Banaji, Nivedita Menon, Rohini Hensman, Satya Sivaraman, Sumit Sarkar, Tanika Sarkar

In the light of the recent demands raised by sections of the intelligentsia urging the government to heed the CPI (Maoist) “offer of talks”, we insist that “civil society” should rather put pressure on the government to initiate talks with representatives of all struggling popular and adivasi organizations. The CPI (Maoist) cannot be treated as the sole spokesperson of all the people in the forest and mineral belt, convenient though this may be for the state and for that party. Does the government believe that violent insurgents are the only deserving interlocutors?

There is a common pattern to the emergence of Maoist violence in many areas. First a non-violent mass organisation like the Peoples Committee Against Police Atrocities (PCAPA) in West Bengal or Chasi Muliya Adivasi Sangh (CMAS) in Orissa arises in response to marginalisation, displacement or violence against tribals by the police and paramilitaries. Then the Maoists step in, attempting to take over the movement and giving it a violent turn. The state responds with even more violence, which is directed not only against the Maoists but also against unaffiliated adivasis. At this point, some adivasis join the Maoists in self-defence, their leaders like Chhatradhar Mahato, Lalmohan Tudu, Singanna are either arrested or gunned down in fake encounters and large numbers of unaffiliated adivasis are branded Maoists or Maoist sympathisers and arrested, killed or terrorised by the state. Clearly, Maoist violence in these cases obtains legitimacy because of the unbridled use of force by security forces and violations of the fundamental rights of the local people. On the other hand, the unilateral and doctrinal use of the language of warfare by one armed group obscures the political agency of the ordinary people who have had no say in this declaration. It also tramples on the human rights of the often desperately poor people who are obliged to seek a livelihood in organisations of the state. Furthermore, it is not clear that the CPI (Maoist) actually shares the rejection of this kind of “development” by the people of the area, or whether it only wants to wrest control of this process from the Indian state.

The counter-insurgency operations mounted by the central government in these areas has led to unprecedented bloodshed, massacres of civilian populations and rampant violations of constitutional rights in the area. The central government insists on treating the affected areas as a “war zone”, and has shown little inclination towards tackling the huge backlog of tribal oppression that has created fertile ground for such violence. It is also true that whenever the government has conceded space, the conditions for this have been created by mass movements, not by the military actions of the CPI (Maoist). For example, the decision by the Ministry of Environment and Forests to put on hold the agreements with Vedanta and Posco in Orissa due to their non-compliance with legal requirements for obtaining the consent of local adivasis, comes in the wake of sustained joint struggles by a range of political groupings.

We therefore urge all democratic sections to put pressure on the government to ensure that:

(1) Regardless of whether talks with the Maoists materialise, talks should immediately be initiated with those adivasis who are losing their land; and with representatives of the various mass-based organisations/mass movements, if necessary by securing their release from prison.

(2) round-the-clock security from attacks by both Maoists and state-sponsored groups and security personnel be provided to these representatives and their families, as well as to witnesses in cases like the Gompad massacre and their families;

(3) the grievances voiced by these representatives be treated with the utmost seriousness and addressed as soon as possible.

Maoist violence flourishes in the fetid atmosphere provided by the destruction of the rule of law and rampant human rights abuses by the state. If the rule of law is ensured in the forest belt and all democratic rights of the adivasis to freedom of association and freedom of expression, including the right of dissent to current “development” policies, are respected, and this dissent taken into account by the government, the Maoists will lose credibility and their deliberate use of violent methods, often designed to invite collateral damage, will lose any basis for flourishing in these areas.

See Also:
http://development-dialogues.blogspot.com/2010/03/government-should-respond-to-maoist.html

Government should respond to Maoist offer - Press Statement by Concerned Citizens

We welcome the announcement by the CPI (Maoist) to observe a ceasefire and enter into talks with the Government of India. Given the government’s expressed willingness to engage in talks, we hope that this offer will be reciprocated. This necessarily requires a halt to all paramilitary armed offensive operations (commonly known as Operation Green Hunt) immediately. It is also imperative that there should be complete cessation of all hostilities by both sides during the currency of the talks.

We are of the view that the Central Government, and not the State Governments, should be the authority to conduct talks as the problem covers various states.

Additionally, the Central Government should ensure that, while the talks are being held, all MOUs, if entered into, should be frozen and not implemented; no compulsory acquisition of tribal lands and habitats be undertaken; and tribals should not be displaced. This is because the Central Government is bound under law to strictly comply with the Fifth Schedule of the Constitution that, among others, safeguards manifold rights of the tribals including their ownership over land and resources.

We further urge that during the period of the ceasefire and the course of talks, independent teams of observers and human rights groups should not be prevented, by either side, from going to the affected areas.

Justice Rajindar Sachar, Randhir Singh, B.D. Sharma, Arundhati Roy, Amit Bhaduri, Manoranjan Mohanty, Prashant Bhushan, Sumit Chakravartty, G.N. Saibaba, S.A.R. Geelani, Madhu Bhaduri, Karen Gabriel, P.K. Vijayan, Saroj Giri, Rona Wilson, Anirban Kar

New Delhi

23 February 2010

Concerned Citizens, c/o Sumit Chakravartty
B 57 Gulmohar Park (1st Floor), New Delhi 110049

See Also: http://development-dialogues.blogspot.com/2010/03/india-appeal-for-talks-with-broader.html

Maoists attack Bengal zoo; kill scores of birds, 2 deer

Times of India

JHARGRAM: Maoists launched a brutal assault on a zoo in Jhargram town on Saturday night, firing indiscriminately into deer and black buck enclosures, setting fire to animal cages, burning hundreds of birds and beating the beat officer and forest guards. The actual toll is still being assessed, but two black bucks are confirmed dead and hundreds of birds burnt to ashes.

Forest department officials are now scrambling to save an elephant herd that is headed in the direction. The attack on the zoo, just 2km from Jhargram, could be a strategic move because it connects the town with Jharkhand via Banstala and Manikpara. Once Maoists have access to it, they can easily reach Jharkhand. Jhargram is now surrounded by rebel strongholds. The attack, which took everyone by shock, is indicative of lawlessness in Maoist-hit Jangalmahal. It was followed by murder of two CPM leaders at Laudhiadham, just 6km away. Both were shot execution style with a bullet to the back of the head.

The mindless massacre of animals indicates that the Maoists and PCPA may not have control over elements within the outfit. The tribal upsurge is rapidly turning into an uncontrolled reign of terror in Jangalmahal. PCPA president Santosh Patra could not explain the attack on the Jhargram Mini Zoo. He admitted that the mob which stormed into the sanctuary ‘‘was not under their control’’.

The zoo in West Midnapore, about 220km from Kolkata, houses many endangered species, among them the gharial, sloth bear, and crocodiles. The only two black bucks were riddled with bullets and the carcasses taken away. A huge aquarium was smashed to bits.

When TOI reached the zoo at 10pm, just half an hour after the attack, a huge bonfire was raging in front of the gate. Several trees could be seen blazing inside. Charred foliage, burnt branches and heaps of concrete — remains of the boundary wall that was pulled down by rebels — were strewn over a 300-metre area. Even 12 hours after the attack, wisps of smoke curled up from the ravaged cages.