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INDIA: The government must act immediately to save the lives of protesters

September 9, 2012

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-030-2012

9 September 2012

[RE: AHRC-UAC-162-2012: INDIA: Victims protest, while the government threatens to drown them]
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INDIA: The government must act immediately to save the lives of protesters

ISSUES: Right to life and livelihood; right to rehabilitation and compensation; rule of law
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received an update from Narmada Bachao Andolan (NBA) that the Madhya Pradesh State Government has miserably failed in convincing the protesting villagers that the state is willing to meet the legitimate demands of the villagers, who have lost their land and livelihood to the Omkareshwar Dam. The first Urgent Appeal issued (AHRC-UAC-162-2012) on the issue provides background of the case. Since then the AHRC has made a series of interventions on the case, entitled:

INDIA: Rights are a mandate, not a concession on 4 September 2012
INDIA: History repeats in Omkareshwar protest on 5 September 2012
ASIA: Three great protests - In Hong Kong, Sri Lanka and the Omkareshwar Dam in India on 6 September, 2012
INDIA: Activists storm M.P Bhawan demanding justice for the Omkareshwar and Indira Sagar Dam oustees on 6 September 2012
INDIA: Abandoned to fate on 6 September 2012
INDIA: Peeling a dead fish on 7 September 2012
INDIA: The State working against Rule of law has forced this Jal Satyagraha on us on 7 September 2012

A large section of the national media also reported the case, that finally prompted the Government of Madhya Pradesh to, first send an elected representative to meet the villagers, and later two ministers to discuss issues with the villagers. Despite this, the government has failed to meet the demands of the villagers, and the hollow request by the government to end the protest has been turned down by the villagers.

UPDATED INFORMATION:

16 days after remaining in neck-deep water, what the villagers has received from their elected government is a pathetic request to end the protest. It is reported that the government made no genuine or acceptable offers to the villagers so far, but has only reportedly assured the villagers that the government would follow the Supreme Court's judgment concerning rehabilitation and compensation.

That the people have to resort to such drastic and unique protest for their government to listen to them in itself is a shameful state of affairs. Equally shameful is the fact that the government has failed to comply with the Court's mandate, since the Court had directed that the government to first rehabilitate and compensate the villagers, who will loose their land and livelihood to the Dam, then start increasing the water level. The protest is the result of this direct disregard to the people's lives and livelihood.

The government's position that some villagers have already accepted the paltry compensation that it has disbursed, Rs. 30,000.00; and those who have accepted this compensation are estopped from demanding land is also a worthless, if not contemptible. It only shows the government's trivialisation of the issue, and that of the lives of the people, it is mandated to protect and preserve. Those who had collected the paltry compensation the government offered at least had that to cling on to, for a while. Neither does a monetary compensation makes any sense, both in comparison to the loss of land and livelihood, and further in terms of the reality that many who received this compensation were members of the poor tribal communities who were in fact duped by the government to accept such pittance for generations old heritage, living patterns and livelihood options.

Today, the reality is such that the money has been spent, lands submerged and the future dark for these villagers. To cheat them further offering them the pittance of the Supreme Court's "as far as practicable" directive is ruthless, to say the least. It is just not that the government do not have land to offer to the villagers. The Madhya State Government has directed the District Collectors in a meeting concluded today to identify 26000 hectares of land in 26 districts to be given away for industries, before the next investors meet. It is just that for the villagers, their government has just given them up and abandoned them.

The media coverage of the protest is available in a series of websites, of which a few are cited hereunder for easy reference:

Times Now
Neck deep in water - will India ignore their plight?
http://www.timesnow.tv/INDIA/Will-India-ignore-their- plight/videoshow/4410026.cms

Times of India
MP govt cold to jal satyagraha
http://timesofindia.indiatimes.com/india/MP-govt-cold-to-jal-satyagraha/articleshow/16304427.cms
http://articles.timesofindia.indiatimes.com/2012-09-01/indore/33534613_1_omkareshwar-dam-water-level-release-water
http://timesofindia.indiatimes.com/india/Jal-satyagrah-in-MP-Ministers-will-talk-to-agitators/articleshow/16301047.cms

LA Times
http://framework.latimes.com/2012/09/07/pictures-in-the-news-503/#/0

The Hindu
http://www.thehindu.com/news/national/article3870953.ece
http://www.thehindu.com/news/national/article3845276.ece

NDTV
http://www.ndtv.com/video/player/left-right-centre/slow-suicide-for-justice-in-madhya-pradesh-can-india-ignore-these-protests/245941?vod-related
http://www.ndtv.com/video/player/news/no-end-to-water-protest-in-madhya-pradesh/245781?vod-related
http://www.ndtv.com/article/india/no-end-to-water-protest-in-madhya-pradesh-263997?pfrom=home-lateststories

Tehelka
http://www.tehelka.com/story_main53.asp?filename=Ne150912Dammed.asp
http://www.tehelka.com/story_main53.asp?filename=Ws050912Protest.asp

Wall Street Journal
http://online.wsj.com/article/SB10000872396390443686004577637181007461776.html#slide/1

The Hindustan Times
http://www.hindustantimes.com/India-news/MadhyaPradesh/Narmada-dam-row-51-dam-oustees-neck-deep-in-water/Article1-926259.aspx
http://www.hindustantimes.com/India-news/MadhyaPradesh/Asian-human-rights-body-writes-to-PM-says-it-s-a-shame/Article1-926269.aspx
http://www.hindustantimes.com/India-news/Bhopal/Reduce-dam-water-level-NBA/Article1-922872.aspx

Business Standard
http://www.business-standard.com/generalnews/news/mphrc-notice-to-state-govt-over-jalsatyagraha-at-two-villages/50875/
http://www.business-standard.com/generalnews/news/cong-seeks-cms-interventionrelief-to-dam-affected-people/51321/

Daily Bhaskar
http://daily.bhaskar.com/article/MP-IND-state-govt-finally-wakes-up-to-agony-of-jal-satyagrahis-3757757.html
http://daily.bhaskar.com/article/MP-IND-13-days-in-water-has-dampened-the-limbs-not-spirit-3752531.html

Sri Lanka Guardian
http://www.srilankaguardian.org/2012/09/victims-protest-while-government.html
http://www.srilankaguardian.org/2012/09/rights-are-mandate-not-concession.html
http://www.srilankaguardian.org/2012/09/three-great-protests.html

Global Voices Online
http://globalvoicesonline.org/2012/09/07/india-standing-neck-deep-in-water-to-protest/

IBN Live
http://ibnlive.in.com/news/omkareshwar-dam-protest-moily-meets-nhpc-officials/289322-37-64.htm l
http://ibnlive.in.com/generalnewsfeed/news/villagers-protest-as-state-ignores-sc-directive-on-rehab/1060082.html

India Today
http://indiatoday.intoday.in/story/upset-over-rise-in-water-level-in-omkareshwar-dam-mp-villagers-on-jal-satyagraha-for-2-weeks/1/216471.htm l


Countercurrents.org
http://www.countercurrents.org/nba010912.htm
http://www.countercurrents.org/slg040912.htm

Firstpost: MP government reaches out to protest
http://www.firstpost.com/india/jal-satyagraha-mp-govt-reaches-out-to-protesters-448396.html

India Blooms
http://www.indiablooms.com/NewsDetailsPage/2012/newsDetails070912g.php

Business Ghana
http://www.businessghana.com/portal/news/index.php?op=getNews&news_cat_id=1&id=172792

Asian Image
http://www.asianimage.co.uk/news/world/9917867.Picture_of_the_day__Protest_in_the_water/


Thank you

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-030-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.