Independent Citizens Fact Finding Mission to Manipur
Imphal,
7th November, ‘09
PRESS RELEASE
A team of concerned citizens comprising Dr. K.S. Subramanian, IPS (retd.), formerly of the Manipur-Tripura cadre and currently Visiting Professor, Jamia Millia University, New Delhi, Sumit Chakravartty, Editor, Mainstream, Kavita Srivastava, PUCL National Secretary, and Vasundhara Jairath of Delhi Solidarity Group is on a fact finding mission to Manipur from 5th of November onwards in the wake of the heightened tensions in the State since July 2009. Shri. Prabhash Joshi, veteran Hindi journalist and a consistent voice against violation of human rights, who was to join the team on 6th of November and had expressed grave concern over the situation in Manipur, asking his doctor to allow him this visit, possibly his last to the state, sadly passed away due to a cardiac arrest on 5th night. We are left shocked and greatly saddened by this sudden loss. His undaunting commitment to justice, peace and free speech shall continue to inspire young and old, particularly in the field of journalism.
Our Terms of References are:
Visit and interact with families of those killed in alleged fake encounters.
Take account of the number of people killed, arrested, tortured, detained, etc by forces.
Interact with those in jail or those released after detention/arrest.
Meet the CM, and other officials concerned with the law and order situation.
Prepare a narrative and photo documentation of the visit.
Compile a comprehensive report of the facts collected with analysis and recommendations and present it to all the stakeholders and national/regional media.
In the last three days in Manipur we have met a cross-section of people here including the Chief Minister, DGP, IG Human Rights and Prisons, members of the civil society, citizens’ groups, academics, mediapersons and families of the victims of State violence.
At the meeting with the CM, where the DGP was present, the general situation in the State was reviewed. The DGP confirmed that over 260 people have been killed since January 2009 and asserted that all of them were underground activists. When the committee expressed concern that more than a fourth of prisoners in Manipur were detained under the NSA and brought up the case of human rights defender Jiten Yumnam, the DGP defended his detention and said he too was connected with the underground. The CM said he was prepared for a second round of talks with those agitating over the 23rd July killings, after the first round on October 31, 2009 but several of their demands could never be met. Regarding the AFSPA, he said the matter rests with the Centre. The team members appealed to the government that in order to prevent further alienation of the citizens from the State, each killing must be properly investigated, the NSA cases reviewed and the family members of the deceased appropriately rehabilitated through a just rehabilitation policy. We also raised the issue of Irom Sharmila’s health, accommodation and access in the hospital.
On the 6th of November the team was happy to meet Irom Sharmila Chanu, now on the 10th year of her heroic fast against the Armed Forces Special Powers Act, 1958. It calls upon the government to provide similar access to other civil society members. Her family members should be permitted to meet her on a regular basis. Being allowed only a limited number of visitors, she expressed her desire to meet, see and speak to more people more often. Her strength and courage in undertaking the longest satyagraha in the world, completely peaceful and non-violent, leaves us in awe of her struggle. Her demand for the repeal of the AFSPA should be actively considered in the light of several official recommendations.
Since Mahashweta Devi was denied permission to meet her the previous day, Sharmila handed over a letter to the team members for the respected Magsaysay Award winner. She further expressed her concern over the number of innocents that were dying everyday in Manipur due to the high degree of violence in the State.
Through our discussions in Imphal, we have come across repeated allegations against the security forces. The team expresses its deep concern over the deteriorating situation and the prevailing climate of impunity in Manipur. It conveys its solidarity with the victims of violence and calls for adequate recompense to the hapless women and children who have lost their husbands/fathers/sons/sole bread-winners and ensure employment opportunities to them.
Many have alleged these killings as fake encounters – as killings of innocents who perished either in custody or otherwise, but without legal sanction. Each of these allegations should be transparently investigated and the guilty punished. Further, there have been charges of using preventive detention laws to curb citizens’ democratic rights to protest and freely express their views. The high degree and frequency of violation of human rights in the State is also cause for alarm. Restoration of peace and order must go hand in hand with the promotion of the rule of law and justice for the sustenance of democracy.
This is an interim report. The final report will follow. We hope to release the findings of the team on the 18th of November, 2009 in New Delhi.
The team feels that the consequences of continuing violence would be disastrous and adversely affect peace-building and reconciliation in society.

Condemning the attempt of filing contempt case against Advocate Prashant Bhushan

We the undersigned state that it was shameful for Justice S H Kapadia – one of the three-judge Forest Bench that was hearing the Niyamgiri case – to pass an order in the Supreme Court holding that while Vedanta could not be given the license to mine Niyamgiri because it had been black-listed by the Norwegian government, the license should be given to Sterlite which is a subsidiary of Vedanta. Justice Kapadia said in the open court that he had shares in Sterlite.

The lawyer Prashant Bhushan in an interview in Tehelka said that this was a clear case of conflict of interest. In his defense Jusitce Kapadia said that no lawyer raised an objection at the time.

This defense does not hold because the only adversarial lawyer, Sanjay Parekh had already been prevented from representing his clients, the tribal people of Niyamgiri, and was told to shut up by one of the judges.

It is shameful that Harish Salve appeared in the NIyamgiri matter as an amicus of the court despite being paid a retainer by Vedanta. Having committed such professional misconduct, he has now applied to the court to have Prashant Bhushan and Tehelka charged with contempt of court. We the undersigned wish to state that we feel that Prashant Bhushan’s statement is absolutely correct & justified and that Justice Kapadia and Harish Salve are guilty of gross misconduct.

Signed by:

1. Prafulla Samantara, Lok Shankti Abhiyan, Orissa
2. Dr. Mira Shiva, New Delhi
3. Prof. Manoranjan Mohanty, New Delhi
4. Arundhati Roy, New Delhi
5. Moushumi Basu, Peoples Union for Democratic Rights, New Delhi
6. Subrat Kumar Sahu, New Delhi
7. Kalpana Mehta, New Delhi
8. Mamata Dash, NFFPFW, New Delhi
9. Sanjay Kak, New Delhi
10. Ravi Hemadri, New Delhi
11. Soumya Dutta, Bharat Jan Vigyan Jatha, New Delhi
12. Ashok Agrawal, Advocate, New Delhi
13. Birju Nayak, Lok Raj Sangathan, New Delhi
14. Arun Bidani, Delhi Platform, New Delhi
15. Nagaraj Adve, Delhi Platform, New Delhi
16. R Sreedhar, Academy for Mountain Environics, New Delhi
17. Biswajit Mohanty, New Delhi
18. D Manjit, Kashipur Solidarity Group, Delhi
19. Shibayan Raha, New Delhi
20. Ramanand
21. Subhranshu Kumar Das, New Delhi
22. Linda Luiz, New Delhi
23. Rohit Kumar
24. Nayanjyoti, CSSS, JNU, New Delhi
25. Sushant Panigrahi, New Delhi
26. Arya, Delhi University, New Delhi
27. Nakul N P, CPS, JNU, New Delhi
28. Diwan Singh, National Heritage First, New Delhi
29. Susanta Kumar Kanungo, Advocate, Supreme Court of India, New Delhi
30. Umakant, New Delhi
31. Asit, CSDS, New Delhi
32. Sunny, New Delhi
33. B N Prasad, JNU, New Delhi
34. Leo Fernandez, New Delhi
35. Rita Kumar, SADED, New Delhi
36. Putul Kumari, Lok Rajneet Manch
37. Sayantoni Datta, New Delhi
38. Nishant Alag, Environics, New Delhi
39. Shaweta Anand, CSMCH, SSS-II, JNU, New Delhi
40. Devender Jindal, Delhi Platform, New Delhi
41. Isha, Kashipur Solidarity Group & Pratidhwani, New Delhi
42. Himanshu Upadhyaya, Academy for Mountain Environics, New Delhi
43. Laxman Singh, Vanchit Morcha, New Delhi
44. Iqbal Abhimanyu, Vidyarthi Yuvjan Sabha & Pratidhwani, New Delhi
45. Shiuli Vanja, Vidyarti Yuvjan Sabha & Pratidhwani, New Delhi
46. Umesh Sinha, Jharkhand Hulgulan Party
47. Ghanshyam, ABHIYAN, Jharkhand
48. Pankaj, J P Smruti Kuti, Betia, Bihar
49. Shekhar, Ranchi, Jharkhand
50. Siddheswar Sunder, Jharkhand
51. Saswati Sweltana, New Delhi
52. Manu Sharma, New Delhi
53. Ashok Sharma, Delhi Forum
54. Giridhari Patra, Niyamgiri Suraksha Samiti, Kalahandi Sachetana Nagarik Manch, Orissa
55. Satish Kumar, Lok Raj Sangathan, New Delhi
56. Vasundhar Jairath, Intercultural Resources, New Delhi
57. Ghana Phokchom, Delhi School of Economics & Pratidhwani, New Delhi
58. Kundan Kumar, Bihar
59. Soma K P, New Delhi
60. Sourabh, Pratidhwani, New Delhi

Joint Resolution passed at the

Solidarity Convention for Anti-Mining and Land Rights Struggle in Niyamgiri

10 October 2009, New Delhi

Demanding immediate scrapping of mining permission and ensure protection of peoples’ rights to land, forests, culture, and livelihoods in Niyamgiri, Orissa, India

As recently as 5 October 2009, more than 3000 adivasis, dalits, and others, gathered in Muniguda town at the foothills of the Niyamgiri Mountains in Orissa, blocking the highway for several hours. Amidst heavy police deployment and Vedanta’s goons, they were thundering with slogans what they have been asserting for more than five years by now: We will not let Niyamgiri – our lifeline and sacred mountain – be mined, come what may!

This was only one of the many expressions of the people to resist Vedanta’s refinery at Lanjigarh and bauxite mining on Niyamgiri. They have been militantly resisting the destruction of their forests, the fragmentation of their community, the decimation of their culture and religious beliefs, the loss of their livelihoods. On 27 January 2009, over 10,000 men, women, and children formed a 17-kilometre-long human chain around the Niyamgiri Mountains, holding placards that said: Niyamgiri is Dongria land! Vedanta cannot come here without our permission. We say NO!

We the undersigned completely endorse the demands of the adivasi, dalit, and other communities who have lived in and of Niyamgiri for generations and extend all-out solidarity to their struggle in protecting the mountains and the forests, which rightfully belong to them. We also support their democratic, militant resistance to forced grabbing of their land and resources and their fight to reclaim the land already grabbed by the Vedanta Alumina Ltd for its refinery plant.

We strongly condemn the ongoing brutal repression people’s resistance in Niyamgiri is facing everyday by company goons, police, and the state administration. The state criminally abdicated from all its democratic responsibilities of protecting rights to life, dignity, and livelihoods. We deplore the government’s coercive tactics to ram its neo-liberal brand of ‘development’ down people’s throats, while decimating in glory a self-reliant economy of the people, a self-sustaining ecology, rich biodiversity, and dense virgin forests in Niyamgiri—only to ensure profits of a company that is already disgraced worldwide for unleashing environmental havoc and direct human-rights abuse wherever they operate.

We have been closely following all that is unfolding around Vedanta’s ambitious plans in Niyamgiri, hand-in-gloves with the Naveen Patnaik government in Orissa and the UPA government at the centre—the flouting of rules and norms by both the state government and the MoEF in awarding all the required clearances to the company;   the way the Supreme Court of India handled the case against Vedanta;   the slavish approach of the pollution control board by blatantly ignoring untold environmental and health hazards Vedanta’s refinery has already caused;   the misuse of the entire police force by employing it only for the company’s purpose and for silencing any voice of dissent;   and, above all, the utter disregard of the company for the rule of the land that it fearlessly displays by cutting down thousands of trees at will, building roads without permission, releasing toxic effluents to the Vamsadhara river, clamping down people to death at will with its errant vehicles, and terrorizing local people by employing hundreds of goons in and around Lanjigarh.

We condemn the Naveen Patnaik government in Orissa, overtly supported by the Union Government from New Delhi, for acting just as an obedient, profit-ensuring ‘agent’ for Vedanta and other mining and metal companies and mindlessly selling the state’s natural resources for a song, and also creating an unprecedented state of terror in the people through brutal repressive measures to the extent of branding democratic voices of dissent as Maoists in several instances.

The ecological significance of the Niyamgiri Mountains – with dense forests, hundreds of perennial water streams, rich biodiversity, and the environmentally responsible economic practices of the Dongria Kondhs and other adivasis and dalit communities – is, in fact, evident in the fact that the whole region falls under a Fifth Scheduled area, which means people’s lives and the ecology of the region should not be tampered with at any cost, let alone using it for the highly environmentally devastating aluminium industry! Moreover, with the impending disaster that is awaiting the planet, in the form of global warming, in which communities that live primarily on nature are the worst affected – and India has a vast population of these categories – India, by sheer commonsense, cannot afford to push further in the name of development such industries that are the primary cause of the impending crisis. And, it cannot even afford to torment and decimate those very people who have kept alive nature’s invaluable resources for ages, thereby keeping alive the planet.

Niyamgiri is the traditional home to the Dongria Kondhs; its foothills are inhabited by other Kondh communities and dalits …and they all have due rights over the land, forests, and water there. Their lives, livelihoods, and cultures cannot be bartered for corporate profits and a minuscule short-term financial gain for the state.

Therefore, in solidarity with the people’s struggle in Niyamgiri and towards conserving the rich ecological heritage of the area, we demand the following:

1.       Immediately scrap the MoU signed by the Government of Orissa and Vedanta/Sterlite for the latter’s mining and refinery projects in Niyamgiri

2.      Immediately shut down the refinery at Lanjigarh, and award the local people who have suffered due to the coming-up of the plant and its activities with adequate compensation, in terms of land, money, and all civic amenities

3.      Immediately put in place effective and measurable systems of health services in and around Niyamgiri—a constitutional duty the state has so far criminally abdicated from. This is an unconditional duty of the state, and not of any corporation in exchange of people’s livelihoods and cultures.

4.      Revoke all the clearances already given to Vedanta/Sterlite for its project in Niyamgiri

5.      Stop any processes to clear the pending clearances

6.      Declare Niyamgiri a permanent ‘no-mining zone’

7.      Drop all legal/criminal cases registered against people of the area for voicing their dissent

8.      Investigate cases on attacks against people by the company goons and the police.

9.      Allow people of the Niyamgiri area to exercise their rights to choice, livelihoods, and lifestyles

10.  Revoke all kinds of forest diversions made so far to make way for mining in Niyamgiri violating the rights of people under PESA and the Forest Rights Act, 2006

***

[The Convention was organized by: Lok Raj Sangathan, Kashipur Solidarity Group, AIPWA, CPI(ML)–Liberation, PSU, Peoples' Political Front, MKSS, NAPM, NFFPFW, Delhi Platform, Kalpavriksh, AISF, AISA, Other Media, Delhi Forum, Kriti, PUCL, Intercultural Resources, PUDR, Harit Swaraj Abhiyan, Lokayan, Pratidhwani, AAAA—Alliance of Academics, Artists and Activists (JNU),  SAHELI, and many other groups and individuals…

…and was attended by more than 200 people, including students, academics, writers, lawyers, activists, journalists, and representatives of several civil-rights groups, organizations, forums, and platforms.]

Watch the videos from the protest side:

http://www.youtube.com/watch?v=ARmLRY1kZzo

http://www.youtube.com/watch?v=liH4-bKFxK8

JOINT PRESS RELEASE

The UPA Government in its first term worked with a pro-people approach on certain aspects, initiating measures such as the National Rural Employment Guarantee Act, the Forest Rights Act etc., while on the other hand proceeding full steam with policies and actions that explicitly turned control over natural and other resources (land, water, forests, energy resources, people and laws) into corporate hands. This fallacious two-pronged approach continues in its second ‘avataar’, with a move to fast-track more sinister measures in its 100-day agenda. 

The UPA has actually come to mean an alliance among all mainstream parties, promoting pro-corporate agricultural, economic and industrial policies that all ruling parties – present & past – follow, resulting in the loss of livelihood resources, displacement and dis-employment of farmers, farm-workers, adivasis, fisher-people, and factory workers in their millions. People are left with no alternative but to resist, often at the cost of their lives. That was the picture that emerged from the over one thousand-strong two-day Jan Sansad – with representatives from 15 states – held by the National Alliance of Peoples’ Movements and other organizations at Jantar Mantar, New Delhi on 23-24 July ’09.

The Nadi Ghati Morcha and the Chhattisgarh Anti-Displacement Forum narrated the plight of the people of the resource-rich Adivasi state, who have suffered mass displacement and land alienation in the face of a ruling party-which uses a nefarious Chhattisgarh Special Public Security Act to repress people, and openly promotes huge mineral extraction to aid private corporate interests.

In Orissa, explicit state repression has been used to turn over lands to corporate interests such as POSCO, Vedanta, Kalinganagar, most strikingly evidenced by the arrests of activists such as Abhay Sahu and more recently Biswajit of Rashtriya Yuva Sanghatan. But, the resistance continues and POSCO has been prevented from taking possession of their lands.

In Andhra Pradesh, people displaced by 60 years of Dam construction have not been rehabilitated, and yet, the Government has 35-40 new Dam projects that will displace lakhs of adivasis, dalits and poor. This is further aggravated by a string of bauxite and laterite mining projects. Also, SEZ projects such as the Reliance SEZ in Kakinada have been handed over a total of 8.25 lakh acres of land, while a massive coastal corridor plan consisting of Mining, Irrigation and SEZ components will affect communities of the 9 coastal districts.

In Maharashtra, the gains made by the people’s movements against the Raigad Reliance SEZ, through a referendum that was held has not been respected by the Government, so far. Other projects such as the LAVASA City project covering 25000 acres, represent the Government machinations of displacing the toiling people.

In Uttar Pradesh, the Ganga Expressway from Balia to Noida affecting 14 districts, has resulted in a very dubious land acquisition process, reeking of a huge scam.

The Pench River Diversion project that affects 31 villages and approximately 25,000 people in Madhya Pradesh is another case of mass displacement. Representatives from the Kisan Sangarsh Samiti and the Mahila Sangarsh Samiti, who continue their resistance there, revealed this before the gathering.

The Traditional communities in Uttarakhand such as the Gujjars have been threatened with displacement because the forest department plans to acquire their lands, with only likely rehabilitation for 10% of the affected communities. These facts were brought to light by representatives of the Gujjar Kalyan Samiti.

The Rehabilitation and Resettlement Bill sets the lower limit of project affected families at 200 families. The Himalaya Niti Abhiyan, representing the concerns of peoples’ of Himachal Pradesh, revealed the absurdity of this measure, since, most parts of the mountainous state will always fall below this limit, due to sparse population density, preventing rehabilitation of affected communities..

And, this mass scale displacement does not stop at rural areas, but has now taken into its sweep the urban poor, whether it is the slum dwellers or the hawkers. The All Orissa Roadside Vendors Association highlighted the plight of  2 lakh hawkers and vendors of the state of Orissa (not including Bhubaneswar City), who, despite noises to the contrary have not been given vendor zones and hence, face dis-employment due to a massive surge in urban development projects. This is in light of the Government announcing a Street Vending Policy in 2004 that aimed at regularizing hawkers and vendors, something that remains unimplemented. And, now the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill 2009, which imposes very stringent requirements on the hapless hawkers, resulting in their eviction. In the wake of this direct threat to their lives, the hawkers and vendors have asserted that if their issues are not resolved they will start a mass movement starting February 2010 onwards.

As the Jan Sansad unanimously rejected these attacks on the people’s right to their resources, a similar voice was heard in the Parliament- with the Trinamool Congress Chief Mamata Banerjee threatening to walk out of parliament, stating that she will remain unrelenting in her opposition to such ‘anti-people’ measures.

Therefore, whether it is the violent attempts at acquisition of land in Singur and Nandigram, the innocent resisters’ blood that was spilled in Kalinganagar, POSCO, Vedanta, the continuous forceful displacement of adivasis in Jharkhand, the massively expensive coastal corridor project in Andhra Pradesh, the story is the same, only the minor details differ. Across the country, the masses are building resistance against the anti-people and mass displacement model.

The current UPA Government cannot continue with such blatant anti-people measure and must:

• drop the proposed Land Acquisition and Rehabilitation and Resettlement Bills that it wants to rush through the Parliament
• suspend all land acquisition projects that displace people and only provide cash compensation
• put into practice its announcements regarding Special Economic Zones that agricultural land, projects that cause displacement will not be approved
• enable removal of all obstacles in the implementation of the Scheduled Tribes and Other Forest Dwellers Act, especially those created by the Forest Department at the local level
• Implement its own stated objectives of not proceeding with any project without the consent of the Gram Sabha, and allowing for an options assessment by the concerned Gram Sabha/ basti Sabha.
• Uphold the right of all communities to the principle of prior-informed consent.

The overwhelmingly unanimous resolve of the Jan Sansad was to resist these machinations at all levels – through local struggles, through state level programmes and at the national level. This coordinated programme will include:

• indefinite dharna in Mumbai starting on 30th July ‘09
• local level programmes in each displacement-affected area whether it is Kakinada SEZ, Eluru dam project or Coastal Corridor project in Andhra Pradesh, the Raigad SEZ or Lavasa City projects in Maharashtra or those in Chhattisgarh, Jharkhand and Himachal Pradesh, in August ‘09
• meeting and lobbying with MPs and MLAs in each state
• State-level programmes in September
• a meeting of researchers, policy makers, intellectuals in Delhi
• a Maha-Sansad / Maha Sammelan in October/November in Delhi
• A Rashtriya Yatra against Displacement

Medha Patkar         Gautam Bandopadhyay                         Shaktiman Ghosh                

NAPM                     Nadi Ghati Morcha            National Hawkers Federation

Ashok Chowdhury & Pushpa           Bhupendra Rawat              Suniti S R   

NFFPFW                                           Jan Sangharsh Vahini       Visthapan Virodhi Sangharsh Samiti 

Rajendra Ravi        Simpreet Singh                                   Dayamani Barla      

NAPM, Delhi    Ghar Bachao Ghar Banao Andolan                INSAF                  

P Chennaiah     Gabriele Geeta / Ramakrishnan                 Venkatesh

APVVU                      NMPS                                                   NAPM, Karnatak  

 Sandhya Devi                                  Ulka Mahajan                             Vimalbhai                                     

Kalahandi Mahila Samiti     SEZ-Virodhi Sangharsh Samiti          MATU                                                    

Anand Mazgaonkar            

Paryavaran Suraksha Samiti  

Contact: Rohan (09953078167)                       Madhuresh (09818905316)

PEOPLE’S MOVEMENTS TO DENOUNCE FORCIBLE LAND GRAB

SHELVE THE LAND ACQUISITION AMENDMENT BILL AND NATIONAL REHABILITATION BILL

BRING IN DEVELOPMENT PLANNING ACT WITH RIGHTS TO THE PEOPLE

People’s Movements to present their position before Public, Parliament and Government

Dharna and people’s parliament at Jantar Mantar, New Delhi on 23-24 July, 2009

ALL ARE INVITED

THE UPA GOVERNMENT IS AGAIN TRYING TO put up the two Bills, amendment to the Land Acquisition Act and the National Resettlement and Rehabilitation Bill before this Parliament.

The amendment is worse, since it incorporates ‘private’ purpose into ‘public’ purpose and rehabilitation offered is without any guarantee of land and alternative livelihood to those displaced.

The Acts would not bring in fair and just rehabilitation but push and facilitate more displacement than ever!

The Draft Development Planning Act, approved by the National Advisory Council and its Chairperson, Sonia Gandhi in January 2006 had consent of the people’s organisations but that is shelved and weak anti-people draft is brought up by the ‘Empowered Group of Ministers’ including Kamalnath, Chidambaram, Sharad Pawar and others. WHY? We must ask.

Let’s gather in large numbers at Jantar Mantar, New Delhi on July 23rd and 24th to assert our right to land, water, forests, fisheries and minerals.

Demand a decentralized development planning based on Article 243 of the Constitution, PESA 1996 and Forest Rights Act, 2006.

We should compel the Government to:

• Repeal Land Acquisition Act of British Legacy •
• Issue a White paper on land acquisition, displacement and rehabilitation for the last 60 years.
• Shelve the two Bills and hold a national consultation on the NAC approved draft along with the displaced people and the people’s organizations.
• Institute a Joint Parliamentary Standing Committee for the discussion on the two Acts.

The detailed Invite, background documents and contact details follow.

With regards and In Solidarity,

Medha Patkar, Anand Mazgaonkar, Ashok Chowdhary, Gautam Bandopadhyay (09423965153) (02640-220629) (9868857723) (9826171304)

Guman Singh, Simpreet Singh, Madhuresh, Vimalbhai

(9418277220) (9969363065) (9818905316) (9891814707) **********************************

Proposed Land Acquisition (Amendment) And Rehabilitation & Resettlement Bills Will Only Accelerate Displacement Not Rehabilitation

People’s Movements to present their position before Public, Parliament and Government

Dharna and people’s parliament at Jantar Mantar, New Delhi on 23-24 July, 2009

Thursday, July 23 2009

12 noon – 200 pm : Inauguration of the Dharna.

Remembering the movements, peoples, martyrs in the anti-displacement movement in past 62 years since independence.

Surendra Mohan to light the torch of Resistance.

Medha Patkar to give an introductory history of resistance covering the struggles since post independence and talking about very well known and also less known important struggles, remembering people and their courage.

 Sharing on the struggles and the key questions raised by the anti displacement movements across the country. Ashok Chowdhary, Gautam Bandopadhyay, B D Sharma and others. Kuldip Nayar, Rajendar Sachar, Ramaswamy Aiyar, Prashant Bhushan, Usha Ramanathan and other supporter friends from Delhi to join.

 Lunch 2-3 pm

3.00-6.00 pm : Assembly of Movements

Movement groups to narrate their experience of the displacement, struggles, and the displacement.

7.00 pm onwards Dinner and film screening

Day Two : July 24 Friday

Peoples parliament / Jan Sansad Begins 9 am onwards Starting with a presentation on the points from the Bills and our proposals for the National enactment. Presentation to be made by Vimal Bhai MPs from different parties to join too.

Movement groups to make presentation linking LAA and R&R Bills with the Forest Rights Act, Agriculture Policy, Coastal Zone issues, Tribal policy, Trade and Climate Change.

2.00 – 3.00 pm Lunch

3.00 – 4.00 pm Further strategy planning

4.00 – 5.00 pm Press Conference

FISHWORKERS DELEGATION SCORES CMZ VICTORY;

Fishworkers to be consulted prior to any new legislation/notification,

Separate Fisheries Ministry under consideration

The Ministry of Environment has agreed to drop the proposal to replace the current “Coastal Regulation Zone” (CRZ) notification with a controversial “Coastal Management Zone” (CMZ) notification. Minister Jairam Ramesh conveyed this to a delegation of the National Fishworkers Forum (NFF), which met him in Delhi on July 02, 2009. The delegation took up a number of issues pertaining to India’s 20 million strong traditional fishing community with Ministries of Environment and Forest, Agriculture, Labour and Home, and the ILO. The delegation also met the President of India.

 Shri Jairam Ramesh told the delegation that the Ministry is willing to drop the current CMZ notification that lapses on July 22, 2009 and will start a dialogue with the fishing community on the best way to manage the coast. He has agreed to a series of five consultations in Bhubaneshwar, Chennai, Cochin, Goa and Mumbai with fishing community representatives of all the nine coastal states before August 31, 2009. He assured that the Ministry will respect the customary rights of the fishing communities.

 The NFF delegation met with the President of India, Ministers of Agriculture, Environment, Labour and Home, MPs of coastal states, key officials and representatives of the International Labour Organisation (ILO). This visit by a NFF delegation was a follow up of their Kutch-Kolkata march along the entire coast last year and the subsequent agitation in Delhi over a charter of 16 demands. These demands include the scrapping of the new Coastal Management Zone notification, enactment of a comprehensive legislation to regulate fishing in India’s Exclusive Economic Zone (EEZ), the ratification of the ILO’s “work in fishing” convention and the waiver of the debts of fishermen and fisherwomen on the lines of the debt waiver granted to farmers.

 The delegation insisted on the MoEF implementing the recommendations of the Parliamentary Standing Committee on Science & Technology, Environment & Forests headed by Rajya Sabha M.P. Dr. V. Maitreyan, which submitted its report to the Parliament on March 20, 2009. The standing committee has recommended an elaborate consultation with the fishing communities as a pre-condition for any legislation or regulation by the MoEF. It has also recommended  a comprehensive legislation (on the lines of the Forest Rights Act) that protects the rights of the fishing communities rather than the issue of a mere notification by the MoEF.

  Parliamentary Standing Committee has clearly stated the following:

1. Almost everywhere, it was asserted before the Committee that CRZ is still a preferred piece of legislation to CMZ Notification, 2008 because the former has succeeded in containing pollution and encroachment along the coastal areas to a large extent, whereas, it was felt that CMZ Notification is a replacement/substitution of CRZ Notification in its

amended form with greater possibilities of misuse. One of the greatest apprehensions about the CMZ Notification was that it proposes legalization and encouragement to industrial corporate activities along the coasts in the garb of management methodologies. It was widely apprehended that this Notification will significantly curtail the accessibility of the local community to the shore and sea resources and serve the economic interests of the corporate sector/large investors like tourism industry, refinery, mining etc.

 Parliamentary Standing Committee has clearly stated the following:

1. Almost everywhere, it was asserted before the Committee that CRZ is still a preferred piece of legislation to CMZ Notification, 2008 because the former has succeeded in containing pollution and encroachment along the coastal areas to a large extent, whereas, it was felt that CMZ Notification is a replacement/substitution of CRZ Notification in its amended form with greater possibilities of misuse. One of the greatest apprehensions about the CMZ Notification was that it proposes legalization and encouragement to industrial corporate activities along the coasts in the garb of management methodologies. It was widely apprehended that this Notification will significantly curtail the accessibility of the local community to the shore and sea resources and serve the economic interests of the corporate sector/large investors like tourism industry, refinery, mining etc.

2. Local coastal communities almost unanimously voiced that protection of coastal ecology and recognition of basic rights and livelihood of the local communities over the sea and the coast should be at the heart of any coastal zone planning. The fishermen were of the view that coastal management plan should be framed by taking them into confidence and that mere mention in the Notification – “There would be no restriction of fishing or fishery related activities of local communities” is not enough to instill confidence among them. They need to be involved, included and integrated in the future opportunities related to the Coastal Zone. The Committee also feels that in a democratic country like ours the preferred approach should be bottom up – public participation in planning and development rather than top down – decisions made by Govt. and not involving people in inclusive growth opportunities and practices in matters which have far reaching consequences on a vast population solely dependent on their tradition vocations and way of life. It is primarily keeping in view this concern that peoples’ participation in policy formulation becomes all the more important and inevitable.”

The NFF sought the intervention of the MoEF in the issue of the Jambudweep fishermen displaced by the unfair implementation of the Forest Protection Act and the imposition of Marine Protected Areas (MPAs) without consulting the fishermen. The Minister has agreed to sympathetically review these.

The NFF delegation was assured by the Minister for Agriculture Shri Sharad Pawar and Prof KV Thomas (MoS) that the Ministry has agreed to consider the waiver of bank loans for small scale traditional fishermen and women. The Ministry sought more details on the bank loans provided by banks to small fishworkers.

The Labour Minister Shri Mallikarjun Kharge has promised to ratify the ILO Convention on Fishing and enact required legislations.

The delegation met the President of India Smt. Pratiba Patil and presented to her the demand to set up a separate Ministry for fisheries. This is in view of the current situation that decision making affecting the fisheries sector and fishing communities are spread over a number of Ministries and departments. The President listened with interest to the various problems faced by the fishing communities and enquired in detail the problems faced by Maharashtra fishermen on account of the increased drilling for petroleum in their traditional fishing grounds.In the meeting with the representatives of the ILO, the delegation sought ILO’s collaboration in ensuring the ratification of the ILO’s Work in Fishing Convention (C188) and the enactment of national and state level legislations to bring the benefits of the ILO convention to Indian fishwoerkrs. The ILO agreed to facilitate the process ofdiscussion with the concerned Ministries, state Governments and the Central Trade Unions.

NFF understands this round of negotiations on key issues as a success of its organizational strength and legitimacy of its demands. However, it believes that the process will be ongoing and at every point, NFF will raise the voice and concerns of the traditional fishworkers of India. While NFF has agreed to be part of the consultations by MoEF towards improving CRZ mandate, it is clear that quality community participation in good strength alone can make sure that the concerns of fishworkers are not by-passed.

Hence, while agreeing, NFF is clear about the strategy to start fresh round of agitation on the issue of CMZ and others, if the fishworkers are not satisfied with the consultation procedure, after two rounds of the same.

The NFF delegation was composed of the following persons: Thomas Kocherry (EC Member), T. Peter (Secretary) – Kerala, Vasudev Boloor (Secretary) – Karnataka, RK Patil (EC Member) – Maharashtra, Sagar (senior member) – Gujarat, Ramesh Dhuri & Naredra Patil (EC Member) – Maharashtra. The delegation was accompanied by members of environmental, labour and human rights groups working together under the banner of Delhi Solidarity Group for NFF along with representative of South Indian Federation of Fishermen’s Societies (SIFFS).

T. Peter (09846063461)                                                                     Vasudev Boloor (09923241641)

Secretary, NFF                                                                                   Secretary, NFF

For more information or to speak with members of the NFF delegation you can contact the Delhi Solidarity Group @ 26680914/26680883 / 9868066195 / 9953078167

DEHRADUN DECLARATION

12 June 2009

During the process of enactment of the Forests Right Act (in 2006), the National Forum for Forest People’s and Forest Workers (NFFPFW) passed two important resolutions in the second National Conference held at Ranchi: 1) Establishment of community governance over forest resources

2) To resist commodification of forests and related resources

Over the last 2-3 years, in many states including Uttar Pradesh, Uttarakhand, Jharkhand, Madhya Pradesh, Chhattisgarh, Orissa, Maharashtra, Karnataka and West Bengal, we have taken significant steps in realising these resolutions. In many villages we have been successful in forming Forest Rights Committees on the basis of Forests Right Act (FRA). On10-12 June 2009, we forest peoples; adivasis, forest workers and other forest dwellers, from 16 states of India have converged at Dehradun, the forest capital of India – discussing, debating and uniting to send a strong message to the whole world. The following is the declaration from the conference on‘Resisting commodification of Forests; Establishing community governance over forest resources’, adopted as ‘Dehradun Declaration 2009’.

We, the forest people of the world – living in the woods, surviving on the fruits and crops, farming on the jhoom land, re-cultivating the forest land, roaming around with our herds – have occupied this land since ages. We announce loudly, in unity and solidarity that let there be no doubt on the future: we are the forests, and the forests are us and our existence is mutually dependent. The crisis faced by our forests and environment today will only intensify without us.

This is no ordinary crisis. Not merely, a climate crisis – or in your words this magnified self-created monster of a financial crisis. We believe it’s a crisis of Civilizations. It’s no ordinary clash but a fundamental clash between our knowledge systems; of being, of nature and your wisdom, technology and the demonic tendencies. Your world rests on ideas of power, territories, boundaries, profit, exploitation and oppression and you try to own everything, including Mother Nature. This is what drives your civilisation. You need this world of oppression and exploitation; to survive and feel good. If you want to include us in your world by ‘civilising’ us, we will happily choose to remain uncivilised. Call us savages, we do not care! We have learnt amidst these trees, this water, this air, and other forest beings- a life of freedom, of being without boundaries, and yet never forgetting the boundaries of nature. You need your legal monoliths, and structures of governance to attempt to tide over this crisis but for us the laws of nature, learnt and assimilated over generations are sufficient.

You talk of attaining Independence on August 15 1947… What’s that ? We, the forest people and the forests have been independent since ages. You tried enslaving us; by trapping us in your illusion that believes in converting living beings into slaves – hollow occupants of servile bodies – a life of death; by capturing our forests, establishing your false laws of oppression and exploitation – contradicting the fundamental laws of nature. We know the way you exploited and enslaved our native American comrades in other parts of the world. Let us remind you that you behaved no differently than those feudal and imperialist ancestors of yours. We, therefore, reject your unnatural law, your civilization of tyranny and cruelty. What freedom? We see no freedom, in being driven out of our forests, separated from water, land, fields, trees, air, and friendly animals, to the ecosystem to which we belong. What freedom, which doesn’t forget to chain its own brothers and sisters. False Freedom! We see no truth in a society that remains haunted by the prosperity of a few capitalists, whilst, never forgetting to oppress the workers, adivasis, dalits, women and poor of the world! We reject you!

Forest Rights Act, you need it more than us. If you think you are bestowing rights on us, then you are wrong. We have lived with these forests for ages. Our ancestors, gods, goddesses, friends and life lived in this and will continue to live here. We don’t define rights, we know what is ours and to whom we belong. We are the forests, forests are us. Out of necessity, if you want to talk the language of rights, we are ready for it. It’s your need to recognise our rights over the forests and correct the historical injustices and exploitation. However, if by granting pattas (land titles) over a portion of forest, you conspire to control, commodify and sell the rest of the forests, then you are wrong. We understand your vested intentions and are determined to save the forests from your corrupt desires of exploitation, developmentalism, ill-sighted conservation and technological fixes.

If you think the ghosts of commodity capitalism are going to chain our minds and souls for eternity, then you are mistaken. From the forests, the nature we have learnt that power is not infinite, exploitation is not infinite too. We, the labouring workers, adivasis and dalits don’t treat the forest a resource to be exploited but as something which lives and supports life.

There is a climate crisis around and no amount of free trade, capital or technology will eliminate the roots of this crisis. You forget that the crises has emanated from the way your society is structured – an edifice based on an unending desire for resources and a way of life that sees nature as an object of exploitation and extraction. Fools! You are doomed to bear the brunt and suffer the pains of your actions, but we ask you – Why must we suffer? You have intruded in our lifestyle, in the rhythm of Mother Earth. You have corrupted the environs by your vehicles, industries, arms, and development and your actions have created a crisis in our homes. You have sinned against the essence of our being, and amidst our rage and tears, we reject the basis of your being: a thought – of mistrust, of control, of vicious self-interest, of injustice, and blame.

How dare you blame us for a climate crisis? It is the product of un-natural practices, and it has devastated our lives. How could you- cut our trees unthinkingly? Temperature is increasing, rainfall is diminishing and the forests are burning- consuming themselves in pain. Now you want us out of our habitats in the name of conserving our forests! You kill, unsparingly, relish in “terrorizing” busts of tigers, decorating your mantelpiece – all pointing to your moral sensibility – and – yet you have the audacity to tell us to leave the forests so that you can protect the Tigers! What law do you know? Who are you to teach what is legal? You are illegal – contradicting the very law of nature – of coexistence. You have no solutions – you only destroy.

You may not care of our times, but, spare a thought for the coming generations, their inheritance. Do you wish to present to them a world of chaos and destruction? Are you so blinded by your greed? At least, now – in this crisis – we need to unite, all civilizations, and forest people of the world, to resolve the crisis, to restore our relationship with nature.

Today, at Dehradun, we call for and welcome the solidarity and harmony of all world’s forest people; workers, adivasis and fellow travellers, on this journey to realizing the fulfilment of our existence, in communion with our forests. We warn your civilization that we are a people, united in struggle against the structure of capitalism – of greed, thievery and profiteering. We warn the nations of the world, that you must not forget to honour our existence, or else – from deep within our hearts – we shout out loud: NO MORE SILENCE! We will rise from the ashes of your devastating fire! To resist your order, undeterred by your traps. We will rise – a united forest people – together, in strength and solidarity, to challenge the very fabric of your civilization, and become one with nature, again!

Arise! Forest People of the World Unite! Zindabad!

National Forum of Forest Peoples and Forest Workers, India

1) NFFPFW resolution condemns awarding of Golden Peacock to Vedanta Alumina Ltd.

12^th June 2009

People from 15 states representing several people’s movements who have gathered under the banner of National Forum of Forest People and Forest Workers’ National Conference, being held at Dehradun from 12 to 14 June 2009, condemn presentation of the ‘Golden Peacock Award for Environmental Management-2009’ to Vedanta Alumina Ltd. (VAL) by the World Environment Foundation (WEF). This award is to be presented at the annual conference of WEF to be held at Palampur, Himachal Pradesh from 12 to 14 June 2009.

VAL is being presented the Golden Peacock for its alumina refinery in Lanjigarh in Orissa despite the fact that this industry has been responsible for widespread contamination of ground water, uncontrolled air pollution in the region and countless misery to the local residents. Blatant environment and human rights violations by the said company and its subsidiaries are well known in the international arena. Vedanta has been blacklisted by the Ethics Council of Norwegian Government Pension Fund, who withdrew their stakes from company, citing in their reports ‘serious malpractices and contraventions of environment norms and ethics by the Vedanta Management in the past wherever they operate’. The OSPCB (Orissa State Pollution Control Board) has issued at least three notices to VAL so far for violating pollution norms at its Lanjigarh plant.

It appears that the World Environment Foundation and the jury members of this award are “unaware” of these or have chosen to ignore the struggles of local communities against the operations of the company in different parts of India. There cannot be a more travesty of truth by rewarding a company that is globally notorious for adhering to such business standards and values that incriminatingly and visibly translate into ruthless decimation of the people and irreversible destruction of the environment which the same people have kept inviolate for millennia. The WEF is itself a body set up by corporates and represents their interests. It is an attempt at green-washing the environmentally disastrous and unethical practices of expropriation of natural resources from local communities. This is not the first time that the Golden Peacock has been given to companies with poor track record on environment, social responsibility and ethics. Satyam, Coca-Cola and NHPC are other such examples.

We condemn the award being given to Vedanta and we denounce such fraudulent award functions that are meant to give a clean chit and image makeover to companies known for their lack of ethics and scruples.

Participants at NFFPFW National Conference

Dehradun, India 10-12 June 2009

NFFPFW Open letter to President, Peru

Forest people from Solidarity with the Indigenous peoples’ struggle of Peru

12^th June 2009

Dear Mr. President Alan García,

We, the Forest People from 15 states of India representing several people’s movements who have gathered under the banner of National Forum of Forest People and Forest Workers’ National Conference, being held at Dehradun, India from 12 to 14 June 2009; stand in solidarity with our brothers and sisters who are protesting against the Amazon rainforest industrial development policies of your government. We will struggle, as the united forest and indigenous peoples’ of the world, against the divisive, exploitative and false culture of capitalism. We reject the illusions you provide: a development that extracts, a freedom that chains our limbs, a culture that is for sale, a society of mistrust, a democracy of fear, a history of oppression, a language of servility, a justice that is false. And, this oppression and injustice has lit a fire of anger and tears. It will not die down, until the governments of the world recognize our natural, inalienable right to the forests.

Hence, we reject the Peruvian government‘s recent decrees, violating constitutionally guaranteed rights of indigenous peoples. Your government‘s declaration of State of Emergency is unacceptable. We also strongly condemn your government’s use of Special Forces to suppress peaceful demonstrations in the Amazon. We stand in solidarity with the indefinite general strike called by the indigenous peoples of Peru.

It is unacceptable that your government has signed a Free Trade Agreement with the US against your peoples’ will through an undemocratic, secret process. It is now using this agreement as a pretext to most aggressively roll back legal protections for indigenous peoples and to open the Amazon rainforest to permit oil, mineral and timber by multinational corporations. Your government‘s actions violate your mandate to represent the interests of your peoples.

Therefore, we expect your administration and the Peruvian Congress to:

1. Uphold the constitutionally guaranteed rights of indigenous peoples to self-determination, to their ancestral territories, and to free and prior consultation and consent over any policies and activities that affect them.

2. Repeal the series of contested Decrees associated with the Free Trade Agreement with the United States.

3. Withdraw from all such bilateral and multilateral negotiations which will lead to a similar undermining of the rights of indigenous peoples.

4. Suspend the State of Emergency, withdraw your Special Forces and decriminalize peaceful protests.

5. Enter into a meaningful process of dialogue, in good faith, with indigenous peoples’ leaders to resolve this conflic 

We condemn your path of development, which sees nature as a commodity to be traded; we assert the right of forest and indigenous peoples over our land and forest; we assert our responsibility to protect and nurture these forests amidst which we live, and challenge your legitimacy to control what is ours.

Forest and indigenous peoples of the world are watching and awaiting a complete reversal of your draconian actions. And, the fire your actions have ignited, will continue till the dawn of a new day, when we as a people will live in communion with our forests in a society that realizes the ideals of freedom, justice and equality.

Truly,                         

Participants at NFFPFW National Conference

Dehradun, India 10-12 June 2009