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INDIA: Yet another attack on human rights activist in Belwa village, Uttar Pradesh

February 23, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

23 February 2006
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UA-068-2006: INDIA: Yet another attack on human rights activist in Belwa village, Uttar Pradesh

INDIA: Intimidation, threat to human rights defenders
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an attack on Mr. Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR). He was visiting a primary school in the Belwa village in Varanasi to make enquiries into the Mid Day Meal scheme. However, his investigation ceased after he was assaulted and forced to leave the school. Subsequently, his father was threatened and verbally abused by the head of Belwa village and when Issuk Ali went to lodge his complaint at the police station, the police refused to record it down without giving any reason. This incident greatly concerns the AHRC because it is not the first time that human rights activists have been attacked in the district of Varansi, which speaks to the dangerous situation human rights defenders are in.

On 18 February 2006, Mr. Issuk Ali visited a primary school in Belwa village under the Badagoan Block of Phulpur police station in Varanasi District in connection with a project he was working on. He had been visiting this primary school for the past three days to make enquiries on the execution of the Mid Day Meal programme. The project was to ensure the implementation of different schemes at the ground level, and to educate the children and community about their rights.

From his visit he found that the meals distributed for the children did not conform with the standards set down by the Supreme Court; there were no pulses included in the Khichdi (Indian dish consisting of mainly rice and lentils) that was served.

Issuk Ali suspected malpractices in the food distribution and has confirmation that much of the food intended to be cooked and distributed among the students, obtained free of cost from the government, is sold in open market through grocery shops. The cook as well as the village head of Belwa and the local police are suspected to gain illegal profits from this sale. He also found that the woman who was appointed as cook was an upper caste Hindu.

When Issuk Ali tried to gather more information from the children and the teachers in the school about the quality of the Mid Day Meal, a man, claiming to be the cook’s brother came and assaulted Issuk Ali. The man forced Issuk Ali to leave the school and threatened that if he ever came again he would be killed. Soon after Issuk Ali left the school, a group of 8 men led by the head of Belwa village, Mr. Rajendra Tiwari, went in search of him. They first went to the school and then to Issuk Ali’s house. Only finding Issuk Ali’s father in the house, they began to insult him, shouting filthy abuse at him and warning him to keep his son under control otherwise father and son would face the consequences.

Due to the aggressive threats against himself and his father, Issuk Ali went to Phulpur police station to file a complaint against the perpetrators. However, the police refused to record the complaint and they refused to give any reasons.

The AHRC is extremely disappointed that the police have refused to take any action against the perpetrators or to offer protection to Issuk Ali. What makes this case even more frustrating is the fact that this is not the first case the AHRC have highlighted regarding threats to human rights activists in Varansi. (please refer to
UA-138-2005; UP-95-2005; UP-100-2005; and UP-166-2005) Furthermore, there have been numerous accounts of Mr. Tiwari and his gang threatening human rights activists in Belwa village and yet no action or accountability has been placed upon them. The fact that the police refused to record the complaint is in direct violation of the UN Declaration on Human Rights Defenders 1998 which includes provisions that human rights defenders whose rights are violated must have access to avenues of redress (Article 9).

It is surprising to note that even after cases of similar nature was brought to the attention of the Government of India personally by the victims and also by the UN, no steps whatsoever has been taken by the Indian authorities to curb the attack on human rights defenders in India, Belwa in particular. This case is further proof as to how corrupt policing and neglect by the Indian authorities, particularly in remote villages which is home to 70% of Indians, and lack of proper laws and failure of implementation of existing laws culminates in absolute failure of rule of law in India.

The situation in Belwa and neighbouring villages is such that the might of the upper caste is prevailing over those working for human rights in the area. Human rights activists are fearful for their lives, particularly since the local administration has not yet extended their support in preserving law and order in the region. The immediate retaliation of the caste Hindus with the support of the local civil administration is to suppress any act that might liberate the dalits and backward community from their servitude.

ADDITIONAL INFORMATION:

The mid-day meal scheme is the popular name for free school meal programme in India. It involves provision of lunch free of cost to school-children on all working days. The key objectives of the programme are: protecting children from classroom hunger, increasing school enrolment and attendance, improved socialisation among children belonging to all castes, addressing malnutrition, and social empowerment through provision of employment to women. The scheme has a long history especially in Tamil Nadu and Gujarat, and has been expanded to all parts of India after a landmark direction by the Supreme Court of India on November 28, 2001. The success of this scheme is illustrated by the tremendous increase in the school participation and completion rates in Tamil Nadu.

SUGGESTED ACTION:

Please send a letter to the relevant authorities listed below and urge them to take immediate action to arrest the alleged perpetrators and provide protection to human rights defenders at threat. Please ensure that strong disciplinary/criminal action is taken against police officers who failed in their duty to take action and investigate the case.
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Suggested letter:

Dear __________,

INDIA: Yet another attack on human rights activist in Belwa village, Uttar Pradesh

Name of victim: Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR) Name of alleged perpetrators: The brother of Belwa school cook, Rajendra Tiwari, Guddu Tiwari and their gang of 8- 10 men.
Date of incident: 18 February 2006
Place of incident: Belwa school and Issuk Ali’s house

I am writing to voice my deep concern regarding the case Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR) who was threatened and assaulted in Belwa village, Uttar Pradesh.

Issuk Ali was working in the Belwa village under the Badagoan Block of Phulpur Police Station in Varanasi District on a project to ensure the different implementation of different schemes at the ground level, and to educate the children and community about their rights. On 18 February 2006, while investigating a school in Belwa with regards to their Mid Day Meal programme, he found that the meals did not conform to the standard set down by the Supreme Court. However, his enquiry soon stopped when the cook’s brother forced Issuk Ali to leave the school warning him that if he ever came back then he would be killed.

Afterwards, a group of 8 men led by the head of Belwa village, Rajendra Tiwari, went in search of Issuk Ali. They went to the Belwa school and then to Issuk Ali’s house. They surrounded Issuk Ali’s father and began to insult him, shouting filthy abuse at him and warning him to keep his son under control otherwise father and son would face the consequences.
?lt;br />Due to the aggressive threats against himself and his father, Issuk Ali went to the Phulpur Police Station to file a complaint against the perpetrators. However, the police refused to record the complaint but they did not give any reasons for their refusal.

Issuk Ali suspects malpractices in the food distribution and has confirmation that much of the food intended to be cooked and distributed among the students, obtained free of cost from the government, is sold in open market through grocery shops. The cook as well as the village head of Belwa and the local police are suspected to gain illegal profits from this sale.

I am very disappointed that the police have refused to take any action against the perpetrators or to offer protection to Issuk Ali.

What makes this case even more frustrating is the fact that this is not the first case the AHRC have highlighted regarding threats to human rights activists in Varansi. The fact that the police refused to record the complaint is in direct violation of the UN Declaration on Human Rights Defenders 1998, which sets down provisions to ensure the protection of human rights defenders.

I am informed that in the recent past the same organisation was targeted by Mr. Tiwari in a case were another staff of the PVCHR was threatened. In that case the same local police refused to take any action. However, the complaint was registered only when the United Nations Special Procedure Mechanism through its Rapporteurs and Working groups requested the Government of India to take appropriate action. This case is pending investigation.

This case highlights the extremely vulnerable position that human rights activists in the Varanasi District face on a day-to-day basis and the negligence on the part of the police to notice or take action against the perpetrators.

Therefore, I urge you to take immediate action to arrest the alleged perpetrators and provide protection to Issuk Ali and his father.

Please ensure that strong disciplinary/criminal action is taken against the police officers who failed in their duty to take action and investigate the case.

Yours sincerely,
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PLEASE SEND COPIES TO:

1. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
Email: csup@up.nic.in

2. Mr. K. Natwar Singh
External Affairs Minister
Akbar Bhavan, Chanakya Puri
New Delhi-110021
INDIA
Tel: +91 11 26114451, Extn.1205/1219, 24103071, 24103205
Fax: + 91 11 23010700 / 23010680
E-mail: usfsi@mea.gov.in

3. Mr. Navneet Sikera
Senior Superintendent of Police
Varanasi
INDIA
Tel: +91 54 22502655, +91 98 3950 4898 (mobile)
Fax: +91 54 2250 1450

4. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow, Uttar Pradesh
INDIA
Tel: +91 52 2272 6742
Fax: +91 52 2272 6743

5. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India Faridkot House, Copernicus Marg New Delhi-110001 INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-068-2006
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.