Appendix II
April 28, 2008
Sri E.S.L. Narasimhan
The Hon’ble Governor of Chhattisgarh
Raj Bhawan
Raipur—492001
Dear Governor Narasimhan:
Human Rights Watch is an independent, non-governmental international organization that monitors human rights developments in over 70 countries around the world.
We would like to draw your attention to the failure of the Andhra Pradesh government to properly address the needs of internally displaced persons (IDPs) from Chhattisgarh, who fled there because of the conflict between the Naxals and the Salwa Judum and government security forces. Not only have they suffered loss of livelihood and property as they fled from their homes, but they have also faced unlawful forced evictions by Andhra Pradesh forest officials without any regard to their security and well being. As recently as on April 5, 2008, there was a violent crackdown by the Andhra Pradesh forest department against an IDP settlement in Kothooru in Khammam district.
We are happy to learn that you participated in an official meeting on April 8, 2008 in Bhadrachalam to jointly work with the Andhra Pradesh government to safeguard the interests of tribal communities. We also appreciate you for having given several local activists and IDPs the opportunity to present their case before you. We have received a copy of the written representation that they submitted to you and hope that you will take into account their concerns, and make a decision in accordance with the United Nations Guiding Principles on Internal Displacement, which would protect the rights of the displaced tribal communities.
In late 2007 Human Rights Watch traveled to Khammam and Warrangal districts of Andhra Pradesh to investigate the plight of IDPs settled in these areas. In interviews with us, these villagers said that they were reluctant to return to Chhattisgarh until there was a concrete plan by the government to ensure their safe return in consultation with them.
The UN Guiding Principles on Internal Displacement, while not a binding instrument, reflect and are consistent with international human rights and humanitarian law. They provide that displaced persons have the rights to seek safety in any part of the country, to liberty and freedom to choose their residence, and to protection against forcible return to or resettlement in any place where their life, safety, liberty or health would be at risk. Displaced persons also have the right to an adequate standard of living. They also state that plans for relocation and rehabilitation should be drawn up in consultation with displaced persons, especially women.
Unfortunately, the Andhra Pradesh forest department has repeatedly unlawfully forcibly evicted and relocated many IDPs without developing a safe rehabilitation arrangement in consultation with them. The Andhra Pradesh authorities have also failed to extend government welfare benefits to many IDPs.
Persons displaced by the infighting in Chhattisgarh have a right to seek safety, protection, and humanitarian assistance in any part of India including Andhra Pradesh.
We urge you to use your extraordinary powers under the Fifth Schedule of the Indian Constitution and ensure that:
a) IDPs communities are not unlawfully forcibly relocated to Chhattisgarh without adequate and safe alternative housing arrangements.
b) Chhattisgarh government assists the Andhra Pradesh government in extending benefits of all government schemes to IDPs without discrimination
c) A policy for safe and voluntary return and rehabilitation for IDPs is prepared in accordance with the UN Guiding Principles on Internal Displacement in consultation with government officials, nongovernmental organizations, inter-governmental organizations, lawyers, and IDPs.
We would appreciate learning the steps you have taken in this regard. Responses may be emailed (beckerj@hrw.org) or faxed (+1-212-736-1300) to us.
Sincerely,
Jo Becker,
Advocacy Director
CC:
1. Shri Raman Singh, Chief Minister of Chhattisgarh.
2. Minister of Tribal Welfare, Chairperson of Tribal Advisory Council, Chhattisgarh.
* * *
April 28, 2008
Sri Narayan Dutt Tiwari
The Hon’ble Governor of Andhra Pradesh
Raj Bhawan
Hyderabad—500041
Dear Governor Tiwari:
Human Rights Watch is an independent, non-governmental international organization that monitors human rights developments in over 70 countries around the world.
We are extremely concerned about the failure of the Andhra Pradesh government to properly address the needs of internally displaced persons (IDPs) from Chhattisgarh, who fled to Andhra Pradesh because of the conflict between the Naxals and the Salwa Judum and security forces. Not only have they suffered loss of livelihood and property as they fled from their homes, but in Andhra Pradesh they have also faced forced evictions by forest officials without regard to their security and well being. As recently as on April 5, 2008, there was a violent crackdown by the Andhra Pradesh forest department against an IDP settlement in Kothooru in Khammam district.
We are happy to learn that Andhra Pradesh officials including senior police and revenue officials participated in a meeting on April 8, 2008 in Bhadrachalam to review the government’s approach towards the IDP situation. We also appreciate the Andhra Pradesh officials for having given several local activists and displaced persons the opportunity to present their case before them. We hope that you will take into account their concerns, and make a decision that would protect the rights of the displaced tribal communities in accordance with the United Nations Guiding Principles on Internal Displacement.
In late 2007 Human Rights Watch traveled to Khammam and Warrangal districts of Andhra Pradesh to meet with some of the IDPs settled in these areas. Since June 2005, around 30,000 to 50,000 IDPs from Chhattisgarh have settled in Andhra Pradesh.
A majority of the IDPs we met stated that they fled from Chhattisgarh to escape attacks by Salwa Judum members and government security forces. They also stated that they were reluctant to return to Chhattisgarh until there was a concrete plan by the government to ensure their safe return in consultation with them.
The UN Guiding Principles on Internal Displacement, while not a binding instrument, reflect and are consistent with international human rights and humanitarian law. They provide that displaced persons have the rights to seek safety in any part of the country, to liberty and freedom to choose their residence, and to protection against forcible return to or resettlement in any place where their life, safety, liberty or health would be at risk. Displaced persons also have the right to an adequate standard of living. The guidelines also state that plans for relocation and rehabilitation should be drawn up in consultation with displaced persons, especially women.
Unfortunately, instead of adopting the safeguards set out in these guidelines, the Andhra Pradesh forest department has repeatedly forcibly evicted and relocated many IDPs without developing a safe rehabilitation arrangement in consultation with them. The Andhra Pradesh authorities have also failed to extend government welfare benefits to many IDPs.
We urge you to use your extraordinary powers under the Fifth Schedule of the Indian Constitution and ensure that:
d) IDPs are publicly consulted and given opportunities to participate in decision making processes.
e) IDPs are not unlawfully forcibly relocated to Chhattisgarh without alternative adequate and safe housing arrangements.
f) Andhra Pradesh government extends the benefit of all government schemes to IDPs without discriminating against them.
g) A policy for safe and voluntary return and rehabilitation for IDPs is prepared in accordance with the UN Guiding Principles on Internal Displacement in consultation with government officials, nongovernmental organizations, inter-governmental organizations, lawyers, and IDPs.
We would appreciate learning the steps you have taken in this regard. Responses may be emailed (beckerj@hrw.org) or faxed (+1-212-736-1300) to us.
Sincerely,
Jo Becker
Advocacy Director
CC:
- Shri Y.S. Rajasekhara Reddy, Chief Minister of Andhra Pradesh
- Minister of Tribal Welfare, Chairperson of the Tribal Advisory Council, Andhra Pradesh.
* * *
April 28, 2008
Shri Raman Singh
Chief Minister of Chhattisgarh
Mantralaya
Raipur
Dear Chief Minister Singh:
Human Rights Watch is an independent, non-governmental international organization that monitors human rights developments in over 70 countries around the world.
We conducted an investigation into human rights issues in Dantewada and Bijapur districts of Chhattisgarh from November 2007 through February 2008.
We are extremely concerned about the suffering of ordinary civilians who are caught in the middle of the conflict between Naxals and the Salwa Judum and government security forces. We found that all parties have been responsible for serious human rights abuses. However, abuses by the Naxals do not justify abuses, including killings, beatings, abductions, arbitrary detentions, and looting and burning of villages, by Salwa Judum members with the support of the security forces.
We will be issuing a report in mid-2008 based on information collected during the research mission. Before we issue this report, we are keen to incorporate your government’s views on how these problems can be addressed. In particular, we would like to include your views on the development, impact, and outcomes of Salwa Judum—specifically, your responses to the questions annexed to this letter.
We appreciate your responding to our questions, which if received by May 15, 2008, will be taken into consideration in the preparation of our report. Responses may be emailed (beckerj@hrw.org) or faxed (+1-212-736-1300) to us.
We also stand ready to engage in dialogue with you about important human rights concerns in Dantewada and Bijapur, and possible solutions to the problems faced by tribal communities in the region.
Sincerely,
Jo Becker
Advocacy Director
List of questions for your response:
- Following NGO and fact-finding reports that government officials including police were involved in human rights abuses committed by Salwa Judum, has the government initiated any action against any government official (including police officials) before the Supreme Court ordered the NHRC investigation on April 15, 2008? Please furnish details including names of officials, nature of action initiated, when such action was initiated, and any outcome.
- Given the nature of accusations of involvement of senior state police officials and government security forces in human rights abuses, what precautions is the government taking to ensure that such officials are not involved in investigations?
- What measures is the government taking to protect victims and witnesses while deposing before NHRC?
- What steps has the government taken to prevent custodial torture and arbitrary arrest and detention of persons alleged to be Naxals? Has the government investigated any allegation of arbitrary detention and arrest of alleged Naxals?
- What steps has the government taken to trace persons who have gone missing after Salwa Judum started?
- Has the government developed a scheme for safe return and rehabilitation alternatives for residents of government-run Salwa Judum camps (also known as relief camps or base camps)?
- What steps has the government taken to ensure protection and humanitarian assistance to persons from Chhattisgarh who fled and settled in Andhra Pradesh?
- Following NGO and fact-finding reports that the government has recruited under-age SPOs, what measures has the government taken to identify and rehabilitate underage SPOs? How many underage SPOs were identified and rehabilitated? Please furnish details.
- What measures has the government taken to identify and rehabilitate child Naxals? Is there any special scheme for rehabilitating child Naxals? If yes, then please furnish a copy of the scheme.
