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Honorable Chief Minister Manohar Parrikar
State of Goa
Secretariat, Panjim
Goa, India 403001
Fax: +91 832-222-3648
Email: cmgoa@goa.nic.in

Dear Mr. Chief Minister:

I am writing to express the dismay of Human Rights Watch at the forcible eviction and displacement of thousands of residents of Baina beach, Goa in mid-June.

Human Rights Watch is a non-governmental organization that reports on human rights issues in more than 80 countries around the world. In 2002, we published a report, “Epidemic of Abuse,” that examined mistreatment of HIV workers in India.

As you are well aware, on 14 June, state authorities destroyed some 250 homes of sex workers as well as about 800 homes of other residents of Baina. The eviction occurred at the height of the monsoon season, and many displaced residents are still without homes. Twenty-two persons were arrested while engaged in peaceful protest of the eviction. In September 2003, a high court in Mumbai had ordered that the state of Goa conduct a socio-economic survey of the Baina neighborhood and to offer to the sex workers in the area a viable “rehabilitation” plan before any displacement could be effected. At the time of the demolitions, no proper socio-economic study had been undertaken, nor had a rehabilitation plan been agreed upon.

We recognize that the state government has long wanted change to facilitate commercial development in Baina, but no such motivation can justify the mass forcible evictions of so many persons, the arrest of peaceful protestors, and the dismantling of people’s livelihoods.

The International Covenant on Economic, Social and Cultural Rights to which India is a party guarantees the right to adequate housing, and the U.N. Commission on Human Rights has called forced evictions “a gross violation of human rights”. Because forced evictions violate such a wide range of human rights, U.N. committees have emphasized the importance of procedural and other protections in cases where forced evictions are ordered by law, including genuine consultation with those affected; adequate and reasonable notice of the date of eviction; timely information on the proposed evictions and the alternative purpose for which the land is to be used; and the availability of legal remedies for those affected as well as access to legal aid. Virtually none of these safeguards seem to have been in place in this case.

It is not surprising that the Baina sex workers rejected the state’s offer of “rehabilitation” in an old building behind barbed wire in Ribandar (Goa state) to learn handicrafts. This activity could not possibly provide viable employment opportunities, and the offer does not constitute a rigorous rehabilitation plan of the kind ordered by the High Court. The women’s refusal of this ill-conceived offer is not justification for destroying their homes and their personal property as well as those of others living in Baina. We are dismayed to learn that the socio-economic study that was ordered by the High Court to be conducted before the eviction was not properly undertaken. Conducting this eviction in the middle of the monsoon season when people would be at their most vulnerable is particularly inexcusable.

We are disturbed by eyewitness reports that the brothel-based sex workers who previously lived and worked in Baina have been forced to work in more dangerous conditions on the street. Among the increased risks they face is that of HIV transmission. Peer workers who ensured their supply of condoms now cannot reach them. In addition, their proximity to each other in Baina enabled them to work together to ensure the solidarity they needed to enforce condom use among their clients, and that protective solidarity is now gone. Our understanding is that the women with support of non-governmental organizations (NGOs) working in Baina also made great strides in helping to fight trafficking of children in Goa. It is disturbing to see these victories against horrific problems such as AIDS and child trafficking dismantled along with the homes of the Baina residents.

Reports from NGOs in Goa indicate that many of the thousands of persons forcibly displaced are still without shelter and without access to clean water, health care and other basic services. It is shocking that many of these people simply locked their houses on the morning of 14 June to go to work and returned in the evening to find all their possessions destroyed.

We call on your government to provide restitution for those displaced and to ensure urgently the assistance they need to be adequately housed. In addition, the state of Goa should actively support and ensure the provision of HIV prevention services to all sex workers. The displaced sex workers should be allowed to resume their own HIV prevention and anti-trafficking activities, which the state should facilitate for the safety of the workers and their clients.

We will continue to monitor follow-up to the evictions and look forward to positive actions on the part of your government.

Very truly yours,

Joanne Csete
Director, HIV/AIDS Programme
Human Rights Watch

cc: Justice V.S. Anand, Chairperson, National Human Rights Commission
cc: Shivraj Patil, Home Minister, Government of India
cc: Sishram Ola, Minister of Labor and Employment
cc: H.R. Bhardwaj, Minister of Law and Justice
cc: Ms. Meira Kumar, Minister for Social Justice
cc: Dr. Anbumani Ramdoss, Minister for Health Affairs

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