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INDIA: 11 villagers killed and more than 50 persons injured when police fired at villagers protesting against proposed land acquisition in Nandigram

March 15, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

15 March 2007
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UA-083-2007: INDIA: 11 villagers killed and more than 50 persons injured when police fired at villagers protesting against proposed land acquisition in Nandigram

INDIA: Violation of land rights; extra-judicial killing; no rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its partner organization MASUM in West Bengal regarding the alleged killing of at least 11 persons in an incident of police firing against farmers protesting against a proposed acquisition of land for a chemical plant in Nandigram, East Midnapore district, West Bengal. According to MASUM, at least eleven villagers were killed and more than 50 persons were injured. It is alleged that the Communist Party of India (Marxist) [CPIM (M)] cadres are preventing the people, journalists, activists from entering Nandigram and harassing anyone who attempted to enter the area. CPI (M) is the ruling party in West Bengal state. It is alleged that already two local journalists of news channel “Tara News” Mr. Gouranga Hazra and Mr. Bholanath Bijali, who were covering the issue, are missing from Nandigram. See further UA-014-2007 for another similar case to this.

DETAILED INFORMATION

According to information received on 14 March 2007, early in the morning, about 5,000 strong security forces consisting of state police, Rapid Action Force, Eastern Rifles and other paramilitary forces entered the remote areas in Nandigram, East Midnapur district, West Bengal state, India. The massive force was deployed to allegedly restore severed communication links with the region. The region was witnessing protests by villagers, fanned out by opposition political parties in the state against the proposed acquisition of land for Special Economic Zone to be setup by an Indonesian company, the Salim Group for a chemical hub in the region. The Salim Group is one of the biggest conglomerates of Indonesia that have Indofood Suksed Mamur, the world's largest instant noodle producer and owns some oil palmplantations (source http://en.wikipedia.org/wiki/Salim_Group ).

The state of West Bengal is ruled by the CPI (M) and the government has decided to setup a Special Economic Zone in Nandigram in the pretext of development. However, an estimated 40,000 farmers will be affected by land acquisition if such a project is to materialise. Owing to discrepancies in the process of land acquisition, which is proven from past and present experiences and lack of alternatives the local inhabitants have been protesting against acquiring land calling for their right to land.

Adding into the commotion, the opposition political parties in West Bengal, who did not have much of a political ground for the past decade or even more, has seized the opportunity and has also moved in to Nandigram to make use of the dispute to cater their alleged political agenda. As the protest fanned out with added fuel from the political parties, the region was allegedly cut off from rest of West Bengal. The CPI (M) that has a proven track record of ruling the state using its carders to terrorise any opposition within the state.

It is alleged that on 13 March 2007, the local villagers demonstrated before Nandigram Police Station and objected any possible police action at Nandigram and warned against application of any force by police. On 14 March, from early morning the armed forces began their operation and entered the villages. The entry of armed security forces was resisted by the protesters by forming a human shield. It is alleged that the protestors were mainly women. The police allegedly fired tear gas, rubber bullet and finally fired live ammunition against the protesters to disperse the protesters. Many villagers received bullet injuries by the police firing. It is also alleged that one of the protestors had a country bomb with him which exploded in the commotion killing him and also injuring others near him.

The state government admitted that the police fired at protesters. According to the statement issued by the State Home Secretary, Mr. Prasad Ranjan Roy seven to eight protesters were injured, while equal numbers of policemen were injured. However, according to the unconfirmed report from the locality, over 50 protesters were killed and over 70 persons were seriously injured by the police firing. Most of the casualties are reportedly of women. It is also alleged that some women were raped and some dead bodies were thrown into the river by the police. It is also alleged that the injured persons were carried into different destinations in an attempt to cover-up the actual number of casualties.

Meanwhile, the police took control over Gokulnagar and sporadic clashes between the protestors and the police are still continuing. The police allegedly fired on the procession of women at Nandigram. The state administration has begun repairing of roads and bridges towards to Nandigram.

At the moment, Nandigram is not accessible from the outside. The CPI (M) cadres are allegedly preventing people, journalists and activists from entering into Nandigram and harassing anyone who attempted to enter the area. It is reported that already two local journalists of news channel "Tara News" Mr. Gouranga Hazra and Mr. Bholanath Bijali, who were covering the incident are reportedly missing. 

BACKGROUND INFORMATION:

Since 3 January 2007, Nandigram has witnessed protests by local farmers, fanned by the opposition political parties in West Bengal after a notification was issued by authorities at the neighbouring Haldia port identifying their lands as sites to be acquired for the new chemical production project. This notification has since been withdrawn by the West Bengal government which has stated it would "exercise caution" while going ahead with the project.

The project reportedly requires at least 4,000 hectares of land for setting up a Special Economic Zone which would be jointly developed as a chemical hub by the state-owned Industrial Development Corporation and the Indonesia-based Salim group of companies. Another zone promoted by the same group is also reportedly planned in the Haldia area.

The protests at Nandigram followed unrest in Singur (West Bengal) in December 2006, when opposition parties and a number of farmers threatened with displacement by a state government move to acquire farm land for a Tata Motors automobile manufacturing project prompted demonstrations.

However, Singur's 997-acre acquisition was nothing compared with what the government plans at Haldia. The area involved here is 14,500 acres and the plans are the establishing of a Special Economic Zone including a mega chemical and petrochemical hub, and a shipyard.
The West Bengal state government plans to set up at least six other major industrial projects, including Special Economic Zones, in the state, necessitating the acquisition of at least 10,000 hectares of land. In a bid to boost national economic growth, India has been promoting Special Economic Zones across the country. The policy of acquiring land for such industrial projects has sparked protests from local communities fearing land displacement and threats to their sustainable livelihood.

To learn more about issues relating to Singur, please refer to our previous appeals:

UA-393-2006: INDIA: Police violently assaulted peaceful peasants in West Bengal
UP-224-2006: INDIA: Journalists and protesters criticizing the brutal attack on Singur village protesters are severely injured by the police
UP-231-2006: INDIA: Alleged rape and killing of a girl increase tensions in Singur

SUGGUESTED ACTION:

Please write to the relevant authorities listed below and express your concern about this serious matter.

To support this appeal, please click:

Sample letter:

Dear _________,

INDIA: 11 villagers killed and more than 50 persons injured when police fired at villagers protesting against proposed land acquisition in Nandigram

I am writing to express my concern regarding the alleged killing of 11 villagers during the protest in Nandigram, East Midnapore district, West Bengal against the state government's plan to acquire land for a Special Economic Zone (SEZ).

I am informed that on 14 March 2007, early in the morning, the police began to enter the villages. The entry of police party was resisted by the local protesters. The police allegedly fired tear gas, rubber bullet and finally fired live ammunition on the protesters to disperse the protesters. Many villagers received bullet injuries by the police firing.

I am informed from some unconfirmed sources that over 50 protesters were killed and over 70 persons were seriously injured by the police firing. Most of the casualties are reportedly of women. I have also been informed that some women were raped and some dead bodies were thrown into the river by the police. I am also informed that the injured persons were carried into different destination in an attempt to cover-up the actual number of casualties.

I am also informed that at the moment, Nandigram is not accessible from the outside. The CPI (M) cadres are preventing the people, journalists, activists from entering into Nandigram and harassing anyone who attempted to enter the area.

I have been informed that two local journalist of news channel "Tara News" Mr. Gouranga Hazra and Mr. Bholanath Bijali, who were covering Nandigram issue, have been reportedly missing from Nandigram. 
I am concerned to know that the West Bengal government has failed to maintain the rule of law in the state and is resorting to violent means to repress the farmers instead of fulfilling their demands in democratic way.

In light of the above, I strongly urge you to ensure that:
1. Independent judicial investigation is conducted into the Nandigram violence and make the findings public.
2. Criminal proceedings are initiated against all state officials, including the police personnel, who are suspected of being responsible for killings of villagers and criminal conspiracy over the incident.
3. Immediate criminal proceeding is started against the said SP and the DIG for abetting for their failure to prevent the incident. 
4. Those detained without any specific charges at Nandigram are immediately released and peaceful protests are allowed.
5. Adequate compensation is given to the persons killed and injured victims.
6. Security and safety of the villagers are guaranteed forthwith.     
7. The total plan of acquiring land for SEZ is disclosed in detail to the public and conduct full consolation with affected villages on this issue before any economic decisions are made.

I look for your immediate intervention in this matter.

Sincerely yours,

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PLEASE SEND YOUR LETTER TO:

1. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

2. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

3. The Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt@nic.in

4. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

5. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

6. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

7. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

9. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-083-2007
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.