INDIA: Government allows attacks on protesters while ignoring their land, livelihood and food concerns

ASIAN HUMAN RIGHTS COMMISSION – HUNGER ALERT PROGRAMME

Hunger Alert Case: AHRC-HAC-008-2011

5 October 2011
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INDIA: Government allows attacks on protesters while ignoring their land, livelihood and food concerns

ISSUES: Right to food; right to land; false charges; environment demolition
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on September 26, hundreds of people hired by a construction company attacked villagers protesting against the construction of a coastal road, allegedly to facilitate the POSCO project. Sticks, stones and hand-bombs were hurled upon the protesters, resulting in 12 injuries, two of them serious. The police allegedly received a prior notice of the attack and were nearby, but did not come to the spot for intervention. Instead, the Inspector in Charge of the Kujang police station humiliated two women who came to file a complaint at the police station, and tried to remove the names of the key perpetrators: the owner of the construction company and the leader of the hired attackers. This was one protest amongst many that have been occurring against the POSCO project in Orissa, which will gravely affect people’s livelihood, food security and the environment.

CASE NARRATIVE:

At 8:30 am on September 26, 2011, hundreds of people allegedly sent by Paradeep Paribahan, an Indian company exporting iron ore fines and contracting the coastal road construction for POSCO, attacked the villagers of Govindpur. Under Dhinkia Gram Panchayat, Jagatsinghpur district, Govindpur is one of eight villages to be affected by the Korean Pohang Steel Company (POSCO) project, composed of a steel plant, mines, and captive port.

Two villagers, Mr. Suresh Chandra Das (50-years-old) and Mr. Ranjan Swain (35-years-old) were seriously injured together with another 10 persons who also suffered injuries in the attack. Six of these are women. The injured persons fear being arrested if they go to obtain medical treatment, as the police have already filed false cases against them over previous protests. One TV reporter was also reportedly seriously injured.

Hundreds of people led by Mr. Bapi Circle, known as a mafia leader from the ruling party Biju Janata Dal (BJD) came in 10 trucks and other vehicles and hurled stones and hand-bombs upon the villagers peacefully protesting against the road construction near Dhinkia village. The villagers tried to chase them away with wooden sticks. It is alleged that the police were informed in advance of the attack upon the villagers, and were not far from the protest place, but did not come to prevent the violence.

The villagers have been peacefully protesting against the eight kilometer-long coastal road construction between Dhinkia village of Dhinkia Gram Pachayat and Noliasahi village of Gadakujang Gram Panchayat since August 2011. On August 19, the government laid the foundation for the road construction. On the following day, workers attempted to initiate the construction, which was stopped by the protesters. It is alleged that the coastal road being constructed aims to enter the villages being blocked by anti-POSCO protesters.

On September 27, Ms. Satyabati Swain (65 years), one of the injured women, together with another villager Ms. Anita Sharma (35 years) went to file a First Information Report (FIR) at the Kujang Police Station. Mr. Gupteswar Bhoi, Inspector in Charge (IIC) humiliated both women using filthy language. He further detained Ms. Satyabati Swain based on the charge of unlawful assembly in 2008. She was produced in court the following day, where she was denied bail and placed in custody for a day. The IIC registered Ms. Anita Sharma’s complaint, but allegedly tried to remove the names of the main perpetrators, Mr. Pravat Nandi, the owner of Paradeep Paribahan and Mr. Bapi Circle.

BACKGROUND INFORMATION:

On September 9, 2011, the Orissa High Court ruled that the court shall not intervene in the acquisition of forest land by the state for the POSCO project, but the status quo of the private land — Dhinkia, Nuagaon and Gadkujang Panchayats of Jagatsingpur district — would be maintained. In other words, the court expressed its lack of concern for the detriment of forest land, which consists of 90 percent of the total land (3566.32 acres) required by the POSCO project.

Furthermore, despite the fact that the Memorandum of Understanding (MoU) between the state and POSCO has not been renewed since it expired in 2010, the district administration started cutting trees in the area for the steel plant. Human rights activists filed a writ petition stating that 50,000 trees have been cut by the administration, and the official website says that more than 500,000 trees would be cut down for the proposed steel plant.

The government has been misusing the police force to paralyze the peaceful protests of the villagers who will be forcibly displaced or are concerned about the environmental destruction by the POSCO project. There has been no dialogue with the communities opposed to the project; the Indian government has been merely communicating with the Korean government and the POSCO to launch the project.

The international society on the Economic, Social, and Cultural Rights also supports the protester,
http://www.escr-net.org/actions/actions_show.htm?doc_id=1607712

For further details, please visit the links below.
http://www.humanrights.asia/search?SearchableText=posco

SUGGESTED ACTION:
Please write a letter to the concerned government agencies to express your concern about the villagers injured by attack of the private company while protesting peacefully.

The AHRC is writing separately to the UN Special Rapporteur on the right to food.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

INDIA: Stop the violation against the poor and protect their food security in Orissa

Name of the affected:
1. Mr. Suresh Chandra Das, age 50, seriously injured
2. Mr. Ranjan Swain, age 35, seriously injured
3. Ms. Satyabati Swain, age 55
4. Ms. Tulasi Das, age 40
5. Ms. Shanti Das, age 60
6. Ms. Kamali Jena, age 65
7. Ms. Saraswati mandal, age 49
8. Ms. Anupama Sharma, age 35
9. Mr. Birabara Das, age 45
10. Mr. Tapan Swain, age 35
11. Mr. Sanatana Mohanty, age 35
12. Baban Swain, age 35
Name of alleged perpetrators:
1. Mr. Pravat Nandi, owner of Paradeep Paribahan, a private construction company who sent hundreds of people to attacked the villagers
2. Mr. Bapi Circle, a leader of hundreds of people who used sticks, stone, hand-bombs upon the villagers
3. Police force who neglected the violation against the villagers
4. Mr. Gupteswar Bhoi, Inspector in Charge of Kujang police station who refused to register a complaint and tried to get rid of major alleged perpetrators from the complaint
5. Orissa state government who has been neglecting the land rights and food security of the villagers who would be affected by the POSCO project
Place of incident: Govindpur Village, Dhinkia Gram Panchayat, Jagatsinghpur district, Orissa, India
Date of incident: September 26, 2011

I am writing to express my deep concern regarding the attack on villagers who have been peacefully protesting against the POSCO project. Hundreds of people hired by the company Paradeep Paribahan attacked the villagers with sticks, stones and hand-bombs at 8:30am on September 26, 2011, resulting in the injury of 12 persons, including six women. Two persons were seriously injured.

I am informed that these people were led by Mr. Bapi Circle, known as a mafia leader from the ruling party Biju Janata Dal (BJD). They came in 10 trucks and other vehicles and attacked the villagers protesting against the road construction near Dhinkia village. The villagers tried to chase them away with wooden sticks.

The villagers of Govindpur and Dhinkia as well as those who support the campaign against the POSCO project have been protesting the coastal road construction between Dhinkia and Noliasahi since August 2011. The Paradeep Paribahan is a contractor for the road construction. The road is being constructed to enter the villages being blocked by anti-POSCO protesters. I am aware that the road construction was stopped by the villagers in August, but the company attacked the villagers with force.

The police force has been paralyzing the protesters through overt force, resulting in many injured so far. I am informed that despite the police being informed in advance of the attack upon the villagers, and despite them being close to the protest place, they did not come to prevent the violence. Earlier the police failed to respect the protesters’ human rights by using force against them, whereas this time it failed to protect their human rights by overlooking the violence committed against them by a third party.

I am further informed that the police refused to register the complaint of Ms. Satyabati Swain (65 years), one of the injured women, on September 27. Mr. Gupteswar Bhoi, Inspector in Charge (IIC) of the Kujang Police Station humiliated Ms. Swain and her companion Ms. Anita Sharma (35 years) using filthy language. He further detained Ms. Satyabati Swain based on the charge of unlawful assembly in 2008. She was produced in court the following day, where she was denied bail and placed in custody for a day. The IIC registered Ms. Anita Sharma’s complaint, but allegedly tried to remove the names of the main perpetrators, Mr. Pravat Nandi, the owner of Paradeep Paribahan and Mr. Bapi Circle.

The villagers’ protest against the POSCO project is to protect the land and other natural resources including forest, which the villagers have been depending on for their livelihood and food for generations. I have learned that some are indigenous peoples but most are forest dwellers, both of whom are protected under the Forest (Rights) Act 2006.

I am further aware that some villagers agree to the POSCO project and others do not. Those who are opposed to the project are concerned about their future livelihood and environmental destruction irrespective of any compensation package. In addition, they have been deprived of their right to participate in decision making regarding the project by the government, which is a basic right of those affected by any development project.

On September 9, 2011, the Orissa High Court ruled that the court shall not intervene in the acquisition of forest land by the state for the POSCO project, but the status quo of the private land — Dhinkia, Nuagaon and Gadkujang Panchayats of Jagatsingpur district — would be maintained. Furthermore, despite the fact that the Memorandum of Understanding (MoU) between the state and POSCO has not been renewed since it expired in 2010, the district administration started cutting trees in the area for the steel plant. I am aware that human rights activists filed a writ petition stating that 50,000 trees have been cut by the administration, and the official website says that more than 500,000 trees would be cut down for the proposed steel plant.

Observing a series of violations against the villagers protesting the POSCO project, including this case, I am of the opinion that the state government consistently fails to respect, protect and fulfill the human rights of those affected by the POSCO project. Instead, the government promotes violence against them. It is my firm belief that no development project should be launched without respecting human rights. This is one of the basic principles and duties of a state party to various international human rights laws, which India is.

I therefore urge you to conduct a thorough investigation into this case and take proper legal action against the perpetrators as well as the police. I further urge you to ensure the villagers’ right to participate in decision making for the POSCO project, as well as their right to land, natural resources and food.

I look forward to your prompt response and action.

Sincerely yours,

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PLEASE SEND YOUR LETTERS TO:

1. Ms Jayanthi Natarajan
Minister of State (Independent Charge)
Ministry of Environment and Forests
Government of India
Paryavaran Bhavan, CGO Complex, Lodi Road
New Delhi
INDIA
Fax: + 91 11 24362222
Email: mosefgoi@nic.in

2. Mr. Anand Sharma
Minister of Commerce and Industry
Government of India
28, Lodhi Estate, New Delhi
INDIA
Fax+ 91 11 2306 2947 / 2306 2626
Email: rp-singh@nic.in

3. Mr Jyotiraditya M. Scindia
Minister of State for Commerce and Industry
Government of India
27, Safderjung Road, New Delhi
INDIA
Fax: +91 11 2306 2321 / 23013148
Email: chandras@nic.in

4. Mr. P Chidambaram
Union Minister of Home Affairs
Ministry of Home Affairs, 104-107 North Block
New Delhi 110 001
INDIA
Fax: +91 11 23094221
Email: hm@nic.in

5. Mr. Naveen Patnaik
Chief Minister
Through the office of the Principal Secretary
Home Department, Government of Orissa
Naveen Nivas, Aerodrome Road
P.O.Bhubaneswar
751001
Orissa
INDIA
Email: homesec@ori.nic.in
Fax: +91 674 25351006

6. Dr. Aurobindo Behera
Principal Secretary
Department of Forest and Environment
Government of Orissa
Bhubaneswar, Orissa
INDIA
Fax: +91 674 239 5820
E-mail: fesec@ori.nic.in

7. Inspector General of Forests
Department of Compensatory Afforestation Fund
Management and Planning Authority (CAMPA)
Trikoot Bhavan-1
Bhikaji Cama Place, New Delhi
INDIA
Email: ansarahmed51@yahoo.com

8. Director General of Police
Government of Orissa
Bhubaneswar, Orissa
INDIA
Fax: +91 671 2304033

9. Mr. Narayana Chandra Tena
Collector
Jagatsingpur district
Government of Orissa
INDIA
E-mail: dmjsp@ori.nic.in

10. Justice K.G. Balakrishnan
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863
E-mail: chairnhrc@nic.in

11. POSCO
Department of Ethics Management
892, Daechi-dong, Gangnam-gu,
Seoul, 135-284
REPUBLIC OF KOREA
Tel: +82 3457 1484
Fax: +82 2 3457 6261
E-mail: ethics@posco.co.kr

Thank you.

Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)