After the Deluge

India's Reconstruction Following the 2004 Tsunami

[1] Tsunami Impact, Situation Report, Ministry of Home Affairs, Government of India. January 18, 2005 [online], http://ndmindia.nic.in/Tsunami2004/sitrep35.htm (retrieved February 9, 2005).

[2] World Health Organization, India Weekly Tsunami Report, February 3, 2005 [online], http://w3.whosea.org/en/section23/section 1108/section1835/section1851/section1866_8701.htm (retrieved February 9, 2005).

[3] Statement made by Home Minister Shivraj Patil in Parliament regarding relief and rehabilitation of tsunami affected people, March 10, 2005 [online], mha.nic.in/press-release/pr100305b.pdf (retrieved April 10, 2005)

[4] Ibid.Also see the official website for information on the tsunami, Ministry of Home Affairs, Government of India [online], http://ndmindia.nic.in/Tsunami2004/sitrep35.htm (retrieved February 9, 2004).

[5] Government of Tamil Nadu as of February 9, 2005 [online], http://www.tn.gov.in/tsunami/damages.htm (retrieved February 9, 2005).

[6] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, United Nations Country Team, India, March 2005 [online], http://www.undp.org.in/dmweb/Tsunami/default.htm (retrieved April 1, 2005).

[7] Tsunami: India Situation Update, World Health Organization, March 3, 2004 [online], http://w3.whosea.org/EN/Section23/Section1108/Section1835/Section1851/Section1866_8857.htm (retrieved April 11, 2005).Many have since returned to their homes. Others, whose houses were damaged or destroyed, have been provided with temporary shelters.

[8] Tsunami impact situation report, Ministry of Home Affairs, Government of India. January 18, 2005 [online], http://ndmindia.nic.in/Tsunami2004/sitrep35.htm (retrieved February 9, 2005).

[9] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, United Nations Country Team, India, March 2005. Also see World Health Organization, India Weekly Tsunami Report, February 3, 2005 [online], http://w3.whosea.org/EN/Section23/Section1108/Section1835/Section1851/Section1866_8857.htm (retrieved March 11, 2005).

[10] Statement made by Home Minister Shivraj Patil in Parliament regarding relief and rehabilitation of tsunami affected People, March 10, 2005. See online mha.nic.in/press-release/pr100305b.pdf.Also see Oxfam, Situation Update, South India and the Andaman & Nicobar Islands, January 26, 2005 [online], www.oxfam.org.uk (retrieved February 9, 2005) and Tsunami, India Situation Update, World Health Organization, March 3, 2005.

[11] Government of Tamil Nadu, Government Order Dated January 5, 2005 [online], http://www.tn.gov.in/tsunami/gorders/rev-e-8-2005.htm (retrieved February 1, 2005).

[12] The term Dalit literally means broken or oppressed people and is a term employed by rights activists to refer to those belonging to the "untouchable" caste. See Human Rights Watch, Broken People: Caste Violence Against India's "Untouchables" (New York: Human Rights Watch, 1999).

[13] Human Rights Watch interview with R. Kaladharan, Nagapattinam, January 28, 2005.

[14] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[15] For details of government efforts in Andaman & Nicobar see the official website [online], http://www.and.nic.in/hcarnic.htm (retrieved February 15, 2005).

[16] List of NGOs/Agencies Who Have Undertaken Relief Works in Andaman and Nicobar Islands, Government of Andaman and Nicobar [online], http://tsunamiandaman.tn.nic.in/allngos.htm (retrieved May 6, 2005).

[17] "Foreign NGOs Seek Andamans Access," BBC News Online, January 3, 2005 [online], http://news.bbc.co.uk/1/hi/world/south_asia/4142539.stm (retrieved May 6, 2005). Some tribal communities living in these islands have long resisted any interference from the outside world, and in some cases, have even attacked strangers. A helicopter dropping relief supplies, for instance, was attacked with bows and arrows. See BBC News Online, "Tribe Shoots Arrows At Aid Flight," January 4, 2005 [online], http://news.bbc.co.uk/2/hi/south_asia/4144405.stm (retrieved May 6, 2005).

[18] Janaki Kremmer, "No Easy Access for Remote Islands, The Christian Science Monitor, January 4, 2005 [online], http://www.csmonitor.com/2005/0104/p06s01-wosc.html (retrieved May 6, 2005).

[19] See statement by Asian Human Rights Commission, India, Stop Discriminatory relief Operations to Victims, January 10, 2005 [online], http://www.ahrchk.net/statements/mainfile.php/2005statements/250/.

[20] On February 17, 2005, a month-and-half after the tsunami, the government of India approved a $180 million dollar relief and rehabilitation package to build temporary shelters, restore infrastructure and revive agriculture. For details of relief and compensation policies see Rajiv Gandhi Rehabilitation Package for Tsunami Affected Areas, Government of Andaman and Nicobar [online], http://tsunamiandaman.tn.nic.in/REHABILITATION%20PACKAGE.htm (retrieved May 6, 2005).

[21] Government of India report. [online], http://www.and.nic.in/hcarnic.htm (retrieved February 15, 2005).

[22] For details of relief and rehabilitation measures see reports from the Government of Andaman and Nicobar, [online], http://tsunamiandaman.tn.nic.in/.

[23] Subir Bhaumik, "Anger Over Two Rupee Tsunami Aid," BBC News Online, April 28, 2005 [online], http://news.bbc.co.uk/2/hi/south_asia/4492695.stm (retrieved May 6, 2005). Also see Justin Huggler, "India gives survivors of tsunami 2p in compensation," The Independent, May 1, 2005 [online], http://news.independent.co.uk/world/asia/story.jsp?story=634666 (retrieved May 6, 2005).

[24] The government of Andaman and Nicobar later denied the reports. In the particular case cited by BBC, the government said that the victim had been compensated for loss of household articles and given cash relief. She was also paid the full amount in compensation for the loss of her coconut trees and based on a later recalculation, she was given an additional two rupees. See Administration Clarifies News Reports, May 1, 2005 [online], http://tsunamiandaman.tn.nic.in/sunday0105.htm (retrieved May 6, 2005).

[25] World Bank Country Director Michael Carter said, "It is truly impressive to see the way India has responded in providing basic necessities to the affected people," Tsunami Recovery in India: The World Bank Responds [online], http://www.worldbank.org.in/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/INDIAEXTN/0,,contentMDK:20315755~pagePK:141137~piPK:141127~theSitePK:295584,00.html (retrieved April 11, 2005).

[26]Ministry of External Affairs, Government of India, Response to Question 340 in Parliament regarding assistance to tsunami affected countries, March 2, 2005 [online], http://meaindia.nic.in/parliament/ls/2005/03/02ls20.htm.; Press Guidance on India's position on Tsunami Relief Assistance, January 21, 2005 [online], http://www.indianembassy.org/press-release/2005/Jan/9.htm (retrieved February 15, 2005).

[27] Satya Sivaraman, "In Tamil Nadu, Ask for Bread and Get a Bakery," Inter Press Service News Agency, January 10, 2005 [online], http://www.ipsnews.net/print.asp?idnews=26961 (retrieved February 1, 2005); Mari Marcel Thekaekara, "The Tsunami Relief Effort," The Hindu, January 4, 2005 [online], http://www.hindu.com/2005/01/05/stories/2005010503341200.htm (retrieved April 11, 2005).

[28] UN Special Envoy for Tsunami Affected Countries said at a press conference on April 13, 2005: "We have to learn from what has been done and from what we're doing now, and come up with a set of best practices for how we should have an early warning system, how we should mitigate the disasters that do occur, how we should manage those that occur and how we should deal with the kinds of challenges that we face here," [online], http://www.un.org/apps/sg/sgstats.asp?nid=1399 (retrieved May 9, 2005).

[29] Panchayati Raj, 73rd Amendment Act, 1992. For details see http://rural.nic.in/panch.htm.

[30] The United Nations Development Fund estimates that the corporate sector in India contributed over eight million US dollars in cash, food, medicines and other humanitarian supplies. Indian companies also contributed nearly ten million US dollars to the Prime Minister's National Relief Fund. Private citizens contributed generously to the Prime Minister's fund and those set up by the state governments. In addition, non governmental organizations received a lot of donations both from India and abroad.

[31] Human Rights Watch interview with Raju Rajagopal, Bhoomika Trust, Chennai, January 27, 2005.

[32] Human Rights Watch interview with the NGOCoordinationCenter, Nagapattinam, January 27, 2005.

[33] Human Rights Watch interview with J.Radhakrishnan, District Collector, Nagapattinam, January 29, 2005.

[34] Although not legally binding, the U.N. Guiding Principles on Internal Displacement (UN Guiding Principles), U.N. Doc. E/CN.4/1998/53/Add.2 (1998), noted in Commission on Human Rights res. 1998/50, provide an authoritative normative framework for the protection of IDPs. They are a firm restatement of existing international human rights, humanitarian and refugee law as it relates to the internally displaced, drawing heavily on existing standards and providing additional explanation and guidance where there are gaps. The Guiding Principles are intended to provide practical guidance to governments, the U.N. and other intergovernmental agencies and nongovernmental organizations in their work with IDPs. Human Rights Watch encourages the establishment of complaints mechanisms and other tools to address violations of the Guiding Principles when they occur.

[35] United Nations Office for the Coordination of Humanitarian Affairs, Guiding Principles on Internal Displacement, Principle 4.2.

[36] The Introduction to the UN Guiding Principles state: "For the purposes of these Principles, internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border" [emphasis added].

[37] An integrated approach to humanitarian assistance from a human rights perspective can be found in The Sphere Handbook (2004 edition), The Sphere Project [online], http://www.sphereproject.org/handbook/index.htm ("Sphere is based on two core beliefs: first, that all possible steps should be taken to alleviate human suffering arising out of calamity and conflict, and second, that those affected by disaster have a right to life with dignity and therefore a right to assistance").

[38] Children, as defined under the Convention on the Rights of the Child, are individuals below 18 years of age. Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990.

[39] UNICEF [online], http://www.unicef.org/media/media_24628.html (retrieved April 2, 2005).

[40] "Debating the Future of Tsunami Hit Children," Times Foundation, January 11, 2005 [online], http://timesfoundation.indiatimes.com/articleshowmsid-987121 (retrieved February 5, 2005).

[41] Draft note prepared by Terre des Hommes and the Tata Institute of Social Sciences, January 2005. Copy available with Human Rights Watch.

[42] On February 3, 2005 at a meeting held by the NGOCoordinationCenter for Child Care and Protection, participants called upon the government to adopt a series of measures on behalf of children including constant surveillance to prevent trafficking. For details see www.tsunami2004-india.org/downloads/childcare_minutes_feb3.doc.

[43] "Quick Tsunami Response Prevented Water Borne Disease," UNICEF, March 17, 2005 [online], http://www.unicef.org/emerg/disasterinasia/24615_25680.html (retrieved April 12, 2005).

[44] Activists said that many children had suffered from shock and numbness. Others were in the grip of a fear psychosis and some even experienced seizures at the thought of seeing the sea again. Also see Anupam Srivastav, Traumatized Children at Risk of Infection [online], http://www.unicef.org/emerg/disasterinasia/24615_25682.htm (retrieved May 6, 2005).

[45] 'Psychosocial Care and Protection of Tsunami Affected Children Inter-Agency Guiding Principles', January 2005, produced by UNHCR, UNICEF, ICRC, the International Rescue Committee, Save the Children UK, and World Vision Internationa, January 18, 2005 [online], http://www.savethechildren.org.uk/scuk/jsp/resources/details.jsp?id=2468&group=resources&section=policy&subsection=details (retrieved February 9, 2005).

[46] Arun Kumar Das, "Tsunami Orphans Yet to be Adopted," The Times of India, April 3, 2005, p. 7. Home Minister Shivraj Patil, in a statement in parliament regarding relief and rehabilitation of tsunami affected people on March 10, 2005 said that 530 children had been orphaned.

[47] Guiding Principles, principle 17(3).

[48] Orphan, in this case, means children that lost both parents.

[49] Sunil Raman, "Tough Decisions on Tsunami Orphans," BBC News Online, March 3, 2005 [online], http://news.bbc.co.uk/2/hi/south_asia/4312453.stm (retrieved April 11, 2005); George Iypem "Clamor to Adopt Orphans Of Tsunami," Rediff Special, January 5, 2005 [online], http://in.rediff.com/news/2005/jan/06spec1.htm (retrieved April 11, 2005).

[50] "One Year Adoption Ban Essential to Prevent Human Traffickers," AFP, January 6, 2005 [online], http://www.dailytimes.com.pk/default.asp?page=story_7-1-2005_pg4_22 (retrieved April 11, 2005 ).

[51] Arun Kumar Das, "Tsunami Orphans Yet to be Adopted," The Times of India, April 3, 2005, p. 7.

[52]Unaccompanied and Separated Children in Tsunami-affected Countries, Guiding Principles by the International Committee of the Red Cross (ICRC), the International Rescue Committee (IRC), Save the Children UK (SCUK), the United Nations Children's Fund (UNICEF), the United Nations High Commissioner for Refugees (UNHCR) and World Vision International (WVI), January 2005; "India, Tsunami Orphans Shun Adoption," Reuters, January 17, 2005 [online], http://www.csa.org.in/Tsunamiorphansshunadoption.htm (retrieved April 11, 2005).

[53] "Debating the Future of tsunami children," India Abroad News Service, January 11, 2005. Government officials in Tamil Nadu said that there was fear that the children might fall into the care of greedy caregivers.

[54] Exchange rate US$ 1= Rs. 43.35 on May 9, 2005.

[55] For instance, the Tamil Nadu government placed Rs. 500,000 for each orphaned child in a fixed deposit that will be given to the child when they turn eighteen. See Anupama Vishwanathan, "Tsunami: Government Yet to Give A Nod For Adoption," January 25, 2005 [online], http://www.digantik.com/Digantik/Tsunami/anupama.adoption.htm (retrieved April 11, 2005). The government of Andaman and Nicobar Islands has announced a Rs. 200,000 compensation for orphans and Rs. 100,000 for unmarried girls above the age of eighteen that have lost both parents. See Rajiv Gandhi Rehabilitation Package for Tsunami Affected [online], http://tsunamiandaman.tn.nic.in/REHABILITATION%20PACKAGE.htm (May 6, 2005).

[56] Unaccompanied and Separated Children in Tsunami-affected Countries, Guiding Principles by the International Committee of the Red Cross (ICRC), the International Rescue Committee (IRC), Save the Children UK (SCUK), the United Nations Children's Fund (UNICEF), the United Nations High Commissioner for Refugees (UNHCR) and World Vision International (WVI), January 2005.

[57] Adoption of children in India is monitored by the Central Adoption Resource Agency of the Ministry of Social Justice and Empowerment and its policies are determined by the National Policy on Welfare of Children and the Guidelines to Regulate Matters Relating to Adoption of Indian Children, 1994. These guidelines are based on a 1984 Supreme Case verdict in Laxmi Kant Pandey Vs. Union of India. Adoption policies in India are determined by the Supreme Court verdict, the guidelines on adoption as well guidelines provided under international laws like the United Nations Declaration on the Rights of the Child, 1989 and the Hague Convention on Inter-Country adoption of 1993.The Convention on the Rights of the Child in article 21 states in part that states:

shall ensure that the best interests of the child shall be the paramount consideration and they shall: Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counseling as may be necessary.

[58] Pallava Bagla, "Caring for Children Hit Hard by the Tsunami," March 30, 2005 [online], http://www.unicef.org/emerg/disasterinasia/24615_25816.html (retrieved April 11, 2005). In Tamil Nadu's worst affected Nagapattinam district, 222 children lost both parents and 879 lost one parent.

[59] The Convention on the Rights of the Child, article 21, provides that alternative care for children permanently deprived of their family environment includes "foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background."

[60] Human Rights Watch interview, Ossie Fernandes, Chennai, February 7, 2005.

[61] "The tsunami's impact on women," Oxfam briefing note, Oxfam International, March 2005 [online], http://www.oxfam.org.uk/what_we_do/issues/conflict_disasters/bn_tsunami_women.htm (retrieved May 10, 2005).

[62] Guiding Principles, principle 19(2) states: Special attention should be paid to the health needs of women, including access to female health care providers and services, such as reproductive health care, as well as appropriate counseling for victims of sexual and other abuses.

[63] Guiding Principles, principle 21.

[64] In their March 13, 2005 report, a Mumbai based voluntary group called Youth for Voluntary Action (YUVA) which was involved in providing relief and rehabilitation in the tsunami affected areas, reported that 'alcoholism is a serious problem among the men.' Report available with Human Rights Watch.

[65] Human Rights Watch interview with Jhans Rani, Nagapattinam, January 29, 2005.

[66] Sexual and Gender-Based Violence Against Refugees, Returnees, and Internally Displaced Persons: Guidelines for Prevention and Response (Geneva: UNHCR, 2003).

[67] Litta Jacob, "Woe-Men of Tsunami," TheWeek, Vol 23, No. 18, April 3, 2005, p.44.

[68] V. Jayanth, "Tamil Nadu still awaits Center's relief package," The Hindu, January 28, 2005, p. 4.

[69] David Devdas, "Tsunami Crisis: Abandoned Widows," CARE, January 27, 2005 [online], http://www.careaustralia.org.au/tsunami_story.asp?id=18 (retrieved April 12, 2005).

[70] Traditionally, women from the fishing communities in Tamil Nadu are engaged in cleaning the catch, marketing fresh fish and processing the surplus catch. "Rehabilitation of Women Victims of Tsunami," A. Gandhimathi and Jesu Rethinam, Sneha, Febryary 9, 2005, [online] http://www.tsunami2004-india.org/modules/sections/index.php?op=viewarticle&artid=44 (retrieved April 12, 2005); Recommendations For Tsunami Victims, National Commission for Women and Tamil Nadu State Commission for Women, January 20, 2005, [online] http://www.disasterwatch.net/women_tsunami%20links/NCW%20recommendations.htm (April 12, 2005).

[71] Litta Jacob, "Woe-Men of Tsunami," The Week, Vol. 23, No. 18, April 3, 2005, p.44.

[72] See UNHCR Sexual and Gender-Based Violence Against Refugees, Returnees, and Internally Displaced Persons: Guidelines for Prevention and Response (Geneva: UNHCR, 2003). Available at http://www.rhrc.org/pdf/gl_sgbv03.pdf.

[73]Guiding Principles, principle 18 provides that "[s]pecial efforts should be made to ensure the full participation of women in the planning and distribution of these basic supplies [essential food and potable water; basic shelter, appropriate clothing, and essential medical services and sanitation]."

[74] See Policy guidance on the gender perspectives of natural disasters, Division for the Advancement of Women, Department of Economic and Social Affairs, United Nations.

[75] Guiding Principles, principle 19(1) states in part:

All wounded and sick internally displaced persons as well as those with disabilities shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention they require, without distinction on any grounds other than medical ones [emphasis added].

[76] Report by Rama Chari, Senior Program Officer, NCPEDP, New Delhi and Rajul Padmanabhan, Deputy Director, Vidya Sagar, Chennai, members of a core group to campaign for the rights of disabled tsunami victims. January 2005. Report on file with Human Rights Watch.

[77] State Level Consultation on Civil Society Partnership in Post-Tsunami Rehabilitation, Chennai, January 26, 2005.

[78] For instance, a center run by religious guru Mata Amritanandamayi has adopted three mentally challenged children whose parents can no longer take care of them after the tsunami [online] http://www.amritapuri.org/tsunami/overview.php (retrieved April 11, 2005).

[79] Injuries and Disability: priorities for management of populations affected by the earthquake and tsunami in Asia, World Health Organization[online], http://www.who.int/violence_injury_prevention/unintentional_injuries/tsunami/en/ (retrieved April 12, 2005 ).

[80] Anupama Vishwanathan, "Tsunami Children: Government Yet to Give a Nod for Adoption," AsianCollege of Journalism, January 25, 2005 [online], http://www.digantik.com/Digantik/Tsunami/anupama.adoption.htm (retrieved April 11, 2005).

[81] See Disasters, Disability and Rehabilitation, guidelines from the World Health Organization, Department of Injuries and Violence Prevention [online], http://www.who.int/violence_injury_prevention/unintentional_injuries/tsunami/en/ (retrieved April 12, 2005).

[82] Home Minister's Statement in parliament regarding relief and rehabilitation of tsunami affected people. March 10, 2005.

[83] Relief Measures for Socially Backward People in Tsunami Hit Areas, Ministry of Social Justice and Empowerment, March 21, 2005 [online], http://pib.nic.in/release/release.asp?relid=7999 (retrieved April 18, 2005).

[84] Human Rights Watch interview Mallika and other women, Nagapattinam, Tamil Nadu, January 27, 2005.

[85] Tsunami Disaster is Far From Over in India, Oxfam, February 11, 2005 [online], www.oxfam.org.nz/southasiaemergency/ documents/05_feb_11_india.pdf (retrieved May 9, 2005); Food Security in Tsunami Affected Areas, Alternative Law Forum [online] http://www.altlawforum.org/Tsunami%20news.

[86] Patrick Christopher Toomey, People's Watch - Tamil Nadu, Towards Ensuring Food Security for the Tsunami Affected, January 2005, p. 5. Copy on file with Human Rights Watch.

[87] Swati Das and T.S. Sreenivasa Raghavan, "Debt Trap AwaitsTN fishermen," The Times of India, May 10, 2005, p.9.

[88] See ABC online, AM-Oxfam Claims Tsunami Aid in India Uneven, Interview with Oxfam's Australian Director Andrew Hewett, January 22, 2005 [online], http://www.abc.net.au/am/content/2005/s1286897.htm (retrieved January 25, 2005).

[89] C.V.Shankar testimony at the Tsunami Relief, Rehabilitation Coordination meeting, Chennai, January 26, 2005.

[90] Government of Tamil Nadu, Loss of livelihood to Marine Fishermen families and others Relief assistance sanctioned, January 5, 2005 [online], http://www.tn.gov.in/tsunami/gorders/rev-e-8-2005.htm (retrieved February 1, 2005).

[91] The Soil Survey Report of Tsunami Affected Area in the Coastal Belt of Nagapattinam District, Soil Survey and Land Use Organization, Department of Agriculture, Government of Tamil Nadu, has proposed leaching to restore soil health and using salt tolerant crops. April 19, 2005 [online], http:www.tsunami2004-india.org/downloads/soil_survey_report.doc (retrieved May 9, 2005).

[92] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[93] Ibid.

[94] Ibid.

[95] Human Rights Watch interview with S. Salaya, Manikapanga, Nagapattinam, January 29, 2005.

[96] "Landlords grab compensation from tenants of tsunami damaged houses," The Indian Express, January 12, 2005 [online], http://www.managedisasters.org/news.asp (retrieved April 11, 2005).

[97] See, e.g. UN Guiding Principles, principle 4(1) & 24(1) ("All humanitarian assistance shall be carried out in accordance with the principles of humanity and impartiality and without discrimination"); Fundamental Principles of the Red Cross and Red Crescent Societies (1965).

[98] Report from a Fact Finding team sent by the National Campaign for Dalit Rights, Human Rights Forum for Dalit Liberation and Safai Karamchari Andolan, January 2005. Dalits complained that when relief trucks arrived, the higher caste fishermen communites would not allow any distribution of supplies to the Dalits, asking, 'How many deaths are there among you?'

[99] National Campaign for Dalit Human Rights, An Urgent Appeal, January 9, 2005.

[100] See "India: End Caste Bias In Tsunami Relief," Human Rights Watch, January 14, 2005 [online], http://hrw.org/english/docs/2005/01/14/india10019.htm.

[101] Human Rights Watch interview with Nachetra Das Balu, Nagapattinam, January 29, 2005.

[102] Human Rights Watch interview with M.Nizamudeen, Federation of Consumer Organization, Cuddalore, January 30, 2005.

[103] "Tribals Ignored in Tamil Nadu's Tsunami Relief Effort", BBC News Online, January 15, 2005 [online], http://www.managedisasters.org/news.asp (retrieved May 9, 2005).

[104] Janyala Sreenivas, "Tsunami can't wash away hatred for Dalits," The Indian Express, January 7, 2005 [online], http://www.indianexpress.com/full_story.php?content_id=62212 (retrieved January 25, 2005).

[105] Human Rights Watch interview with Muralidharan, Nagapattinam, January 29, 2005.

[106] Independent report by R. Bhagwan Singh, journalist and member of a Concerned Citizens Initiative monitoring relief efforts, January 15, 2005. Copy available with Human Rights Watch.

[107] Human Rights Watch interview, with Pakkirisamy, Pondicherry, January 29, 2005.

[108] Human Rights Watch interview with S. Salaya, Manikapanga, Tamil Nadu, January 29, 2005.

[109] Human Rights Watch interview with Narayanswami, village chief, Cuddalore, January 30, 2005. Local groups later helped the Irulars to claim compensation.

[110] Human Rights Watch interview with Narayanswami, Cuddalore, January 30, 2005.

[111] Subhash Ghatade, "Calamity and Prejudice," countercurrents.org, January 28, 2005 [online], http://www.countercurrents.org/dalit-gatade280105.htm (retrieved April 6, 2005); "Low-Caste Tsunami Victims Denied Aid," Deutsche Press-Agentur, January 7, 2005 [online], http://www.beliefnet.com/story/158/story_15877.tml (retrieved January 25, 2005); Jay Shankar, "Discrimination Survives Disaster," Irish Examiner, January 8, 2005 [online], http://www/examiner.ie/pport/web/world/Full_Story/did-sga6a0yBZKhJkssgadLjt5C321I.asp (retrieved January 25, 2005); Justin Huggler, "Untouchable Caste Find Themselves Deprived of Tsunami Aid," The Independent, January 22, 2005 [online], http://news.independent.co.uk/world/asia/story.jsp?story=60453 (retrieved February 15, 2005).

[112] Rajeev P. I, "Even Govt Divides Survivors on Caste, Says It's Practical," The Indian Express, January 8, 2005 [online], http://www.indianexpress.com/full_story.php?content_id=62317 (retrieved January 25, 2005).

[113] Human Rights Watch interview with Raju Rajagopal, Bhoomika Trust, Chennai, January 27, 2005.

[114] Human Rights Watch interview with K. Chithravelu, Pondicherry, January 29, 2005.

[115] Human Rights Watch interview with Muralidharan, Nagapattinam, January 29, 2005.

[116] Human Rights Watch interview with Ravichandran, Human Rights Forum for Dalit Liberation, Tamil Nadu, January 30, 2005.

[117] UN Guiding Principles, principle 24(1).

[118] Home Minister's Statement in Parliament regarding relief and rehabilitation of tsunami-affected people, March 10, 2005.

[119] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[120] Ibid.

[121] Litta Jacob, "Woe-Men of Tsunami," The Week, April 3, 2005, p. 44.

[122] Human Rights Watch interview with S. Iyappan, Pattinacheri, Tamil Nadu, January 28, 2005.

[123] Human Rights Watch interview with R. Kaladharan, Nagapattinam, January 28, 2005.

[124] Home Minister's Statement in parliament regarding relief and rehabilitation of tsunami affected people. March 10, 2005.

[125] Swati Das and T.S. Sreenivasa Raghavan , "Debt Trap AwaitsTN fishermen, The Times of India, May 10, 2005, p. 9.

[126] Swati Das, "Govt Aid Yet to Bail Out TN Fishermen," The Times of India, May 9, 2005. p. 8.

[127] Sunil Raman, "Eerie Silence on Tamil Nadu Beaches," BBC News Online, April 25, 2005 [online], http://news.bbc.co.uk/2/hi/south_asia/4479297.stm (retrieved May 9, 2004). The South Indian Federation of Fishermen Societies has warned that adding more boats because it can lead to over capitalization and decline of incomes per boat. "Rehabilitation of Fishing Unites in Tamil Nadu-Recommendations, " South Indian Federation of Fishermen Societies, March 14, 2005 [online], http://www.tsunami2004-india.org/ (retrieved May 9, 2005)

[128] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[129] "Tsunami Turns Soil Saline, Field Uncultivable," The Indian Express, January 7, 2005.

[130] Human Rights Watch interview with Kaliamurthy, Nagapattinam, January 29, 2005.

[131] Human Rights Watch interview with Deva Sana, Nagapattinam, January 28, 2005.

[132] Human Rights Watch interview with Rajalakshmi, Nagapattinam, January 29, 2005.

[133] Human Rights Watch interview with Nagamurthy, Karaikkal, Pondicherry, January 28, 2005.

[134] Home Minister Shivraj Patil's Statement in Parliament, March 10, 2005.

[135] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[136] Tsunami: India Situation Update, March 3, 2004, World Health Organization.

[137] Report of YUVA teams visit to the affected areas in South India hit by tsunami, January 12-18, 2005. Also witnessed by Human Rights Watch during visit to affected areas in January 2005.

[138] Government of Tamil Nadu, Government Order No: 10, January 6, 2005 [online], http://www.tn.gov.in/tsunami/gorders/rev-e-10-2005.htm (retrieved February 1, 2005).

[139] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.

[140] Aloysius James, "Think of the Future, Please," Challenges, Tsunami Response Watch [online], http://www.indiadisasters.org/tsunami/challenges/2005/01/think-of-future-please.html (retrieved February 3, 2005); "Nagapattinam Survivors Irked by Hastily Constructed Shelters," The Indian Express, January 11, 2005 [online], http://www.managedisasters.org/news.asp (retrieved March 12, 2005).

[141] Litta Jacob, "Woe-men of tsunami," The Week, April 3, 2005, p. 44; "Indian Summer Wears Down Tsunami Survivors," Reuters, April 6, 2005 [online], http://www.disasterwatch.net/summer.htm (retrieved April 11, 2005).

[142] Human Rights Watch interview with Kaliamurthy, Nagapattinam, Tamil Nadu, January 29, 2005.

[143] Home Minister's Statement in Parliament regarding relief and rehabilitation of tsunami affected people, March 10, 2005. By multi-hazard proof housing, the government means housing that is safe from calamities such as fire, earthquakes, cyclones etc.

[144] "Tsunami Disaster is Far From Over in India," Oxfam, February 11, 2005 [online], www.oxfam.org.nz/southasiaemergency/ documents/05_feb_11_india.pdf (retrieved May 9, 2005).

[145] Coastal Regulation Zone (CRZ) Regulations, 1991 (amended up to 2002): Issued under the Environment (Protection) Act, 1986, coastal stretches have been defined as Coastal Regulation Zone and restrictions have been imposed on industries, operations and processes within the CRZ. For regulating development activities, the coastal stretches within 500 meters of High Tide Line on the landward side are classified into four categories, namely:

CRZ-I: (i) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas, and (ii) Area between Low Tide Line and the high Tide Line.

CRZ-II: The areas that have already been developed up to or close to the shoreline. For this purpose, "developed area" is referred to as that area within the municipal limits or in other legally designated urban areas which are already substantially built up and which have been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.

CRZ-III: Areas that are relatively undisturbed and those which do not belong to either CRZ-I or CRZ-II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up.

CRZ-IV: Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, CRZ-II or CRZ-III.

The development or construction activities in different categories of CRZ area shall be regulated by the concerned authorities at the State/Union Territory level, in accordance with norms stipulated in the CRZ regulation and in the state / UT coastal zone management plan.

[146] L. A. Samy, Director, Association of Rural Education and Development Service, "Cynical Exploitation of Tsunami Victims," Motion Magazine, March 22, 2005 [online], http://www.inmotionmagazine.com/global/lasamy_cetv.html#Anchor-The-35326 (retrieved May 9, 2005).

[147] See UN Guiding Principles, principle 28(2) ("Special efforts should be made to ensure the full participation of internally displaced persons in the planning and management of their return or resettlement and reintegration"); see also Roberta Cohen, The Brookings Institution, Statement on Post Tsunami Human Rights, March 21, 2005 [online], http://www.brookings.edu/fp/projects/idp/20050321_rcohen.htm (retrieved May 9, 2005).

[148] Human Rights Watch interview with M.Pandian, Nagapattinam, January 29, 2005.

[149] Human Rights Watch interview with Kesavan, Nagapattinam, January 28, 2005.

[150] Human Rights Watch interview with V. Muthappan, Nagapattinam, January 28, 2005.

[151] "Forced Eviction of Coastal Communities, Prejudiced Enforcement of CRZ," Tsunami Relief and Rehabilitation Coordination-Tamil Nadu and Pondicherry, February 18, 2005.

[152] Tamil Nadu government order on Housing Reconstruction Policy, March 30, 2005 [online], http://www.tn.gov.in/tsunami/gorders/rev-e-172-2005.htm.

[153] See UN Guiding Principles, principle 28(1).

[154] "Forced Eviction of Coastal Communities, Prejudiced Enforcement of CRZ," Tsunami Relief and Rehabilitation Committee, February 18, 2005.

[155] "High Court Order to Collector On Demolition of Huts," The Hindu, March 10, 2005 [online], http://www.hindu.com/2005/03/10/stories/2005031013210300.htm (retrieved April 11, 2005); "Eviction of Tsunami Affected Residents Stayed," The Hindu, February 24, 2005 [online], http://www.hindu.com/2005/02/25/stories/2005022514020600.htm (retrieved April 11, 2005).

[156] There may be less disruptive alternatives than relocation that could ensure the safety of residents of coastal areas. For instance, the government could create a more effective warning system, similar to the successful system established for fishermen on India's storm-prone Bay of Bengal, who had earlier suffered numerous casualties due to storms and cyclones. After the tsunami, the government of India has announced plans for a tsunami detection and warning system to prevent heavy casualties in the event of a future tsunami. See "Plan For Tsunami Warning System Ready: Sibal," January 21, 2005 [online] http://news.indiainfo.com/2005/01/21/2101quakeplan.html (retrieved May 2, 2005).

[157] The International Covenant on Economic, Social and Cultural Rights, article 6 (1): The State Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

[158] As stated in the report, many fishermen in Tamil Nadu state, for instance, had big houses and were unwilling to move unless they were given equivalent homes in compensation. The Tamil Nadu government, however, is only providing a 300-325 square feet house to each family that agrees to shift away from the coast.

[159] UN Guiding Principles, principle 6(1); see generally Section II, "Principles Relating to Protection from Displacement," principle 5-9.

[160] Human Rights Watch interview with Ossie Fernandes, Chennai, February 7, 2005.

[161] Recovery Framework in Support of Government of India for a Post-Tsunami Rehabilitation and Reconstruction Program, March 2005, United Nations Country Team, India.