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INDIA: Karang villagers in Manipur suffer human rights violations by the military during a recent military operation

October 23, 2005

URGENT ACTIION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

24 October 2005
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UA-184-2005: INDIA: Karang villagers in Manipur suffer human rights violations by the military during a recent military operation

INDIA: Human rights violations during military operation; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Forum for Indigenous Perspectives and Action in Manipur, India regarding human rights violations committed by the security personnel at Thanga Karang, Bishenpur District, Manipur. 

According to the information received, members of the 73 Mountain Brigade under the aegis of 57 Mountain Division led by Major General Govind Dwivedi conducted a massive operation in Thanga Karang between 3 and 5 October 2005. It is alleged that there were as many as 3,000 people at Karang during the operation; all of whom have now been confined to the area where their welfare remains unknown. The fish-traps in the Loktak Lake were destroyed by the motor boats of the army which has heavily affected the Karang villagers who sustain their lives through fishing activities. Also, there is no road communication for Karang villagers (except by way of boat) and they have been suffering from a lack of essential commodities following the army operation. 
 
This major military operation is not the first to be held in Karang. For example, a massive operation was conducted in the Karang area in March 1999. Many human rights violations such as arbitrary arrest, detention, and torture, forced labour and inhuman treatment were reported by the villagers. The local villagers also reported on lost incomes as the army destroyed villagers’ boats, fishnets and angles and a large number of fish collections were lost. However, the Manipur state government took no serious action to prevent such violations. The people living in Loktak Lake area, including Karang then lived in fear that another army operation would be conducted. And this is what happened. 

The AHRC urges you to immediately intervene in this matter. Please request the Manipur state government to stop on-going military operations in this area and duly compensate the villagers for their losses. Please also request the Government of India to abolish the draconian Armed Forces (Special Powers) Act, 1958, which affords excessive powers to security personnel.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victims: Villagers of Karang, Bishnupur District, Manipur, India
Alleged perpetrators: 73 Mountain Brigade under the aegis of 57 Mountain Division based at Leimakhong Army base, Manipur
Period of the operation: 3 to 5 October 2005

Members of 73 Mountain Brigade under the aegis of 57 Mountain Division based at Leimakhong Army Base, Manipur, along with Assam Rifles, launched a massive operation, code-named ‘Operation Stinger’, at Karang Island located on Loktak Lake in Bishnupur, Manipur at midnight on 3 October 2005. The operation was supervised by Major General Govind Dwivedi. The operation was conducted over two days at which point it was called off before the army seet up a post in Karang.

Upon hearing the news that the army launched an operation in Karang, local journalists tried to enter the operation area but were stopped by the aegis of 57 Mountain Division. They were even prohibited from talking with the affected villagers while the operation was going on. 

Later on October 5, when the journalist groups finally met the Meira paibis, local women's human rights defenders groups of the area complained that the people at Karang, who sustain their lives through fishing activities, had not been allowed to go out to earn their livelihood following the army operation and that the fish-traps laid out for catching fish had been destroyed by the motor boats of the army. "All the local people were herded and confined at one particular spot from early morning till late in the afternoon yesterday and were not allowed even allowing to take their meals", the women alleged. They further said that the whereabouts of one Ningthoujam Meiteichaoba (30) who had gone out fishing was not known, although the army had informed the public that another seven fishermen are in their custody.

At the news briefing to the media in Karang on the morning of October 5, Major General Govind Dwivedi said that the army conducted theoperation because Karang is a stronghold of underground armed rebels. He also claimed that the villagers “welcomed” the army and extended their full cooperation during the operation. He added that the army personnel would be deployed in Karang to prevent any underground activities. The army reportedly handed over two elderly persons to the Moirang police and they were identified Oinam Menjor (52) of Karang Yongchak Pandon and Laimayum Shyamchand (62) of Karang Bamon Leikai.

On October 5, the Manipur Human Rights Commission (MHRC) asked the State Deputy General of Police (DGP) to take prompt action and submit a report on the operation in Karang. Acting on a complaint petition filed by the secretary general of the Universal Education and Well Being for Human Rights and Development, the MHRC headed by Justice WA Shishak also asked the Deputy Commissioner of Bishnupur District to submit a report in regards to allegations of violations of human rights as a result of the army operation. The MHRC directed that the report should be submitted before the Commission on October 10. The complaint petition alleged that there are as many as 3,000 people on the island and they have been confined and their fate remains known.

Meanwhile, the National Association of Fishermen, Manipur State Unit submitted a memorandum to the Union Home Minister Shivraj Patil on October 5 and urged him to make arrangements for grants of essential commodities to the people of Karang on humanitarian grounds. The memorandum highlighted that there is no road communication (except by boat) for the poor people of Karang fishing village and that they have been suffering from lack of essential commodities following the army operation.

ADDITIONAL INFORMATION:

This major military operation is not the first of its kind in Karang. For example, "Operation Loktak" was conducted from 10 to 16 March 1999 and Thanga and Karang area were the most affected. Around 2,300 army and police personnel conducted the operation to flush out "insurgents" from Loktak area. Nobody was allowed to go in or out of the area for these six days.
 
After the operation, a joint fact-finding team consisting of activists from several human rights groups visited these areas to observe the affects of the operation. The fact-finding report revealed that the villagers, who were heavily dependent on their daily essential commodities at the local markets outside of the island, virtually starved during the six-day operation. Furthermore, all males above the age of 10 were paraded under the sun for four to eight hours daily at selected locations and many of the villagers were under virtual house arrest. All the houses were searched more than once a day. 

The report also revealed that the security personnel arbitrarily picked up people on any suspicion and detained them at the army camps for interrogation. The army did not inform arrestees of the reason for arrest or issue memos of arrest. Many of the arrested were severely tortured during their detention. The army reportedly used electric shocks to torture people. The army later released most of them without pressing any charges and handed them to the civil police. All the detainees were forced to sign papers that were neither read nor explained to them. Some of the detainees were further produced before a magistrate on charges fabricated by the army.

Many cases of forced labour and inhuman treatment were reported from the villagers. In addition, the villagers’ property, including boats, fishnets and angles were severely destroyed by the motorboats used by the army personnel and a large number of fish collections were lost. As a result, many local villagers lost their income.

Despite the local people’s strong demand to stop such harassment and human rights violations by the security personnel, the Manipur state government took no serious action either to prevent it or punish those responsible. As a result, the people living in Loktak Lake area, including Karang continued their unsustainable life fearing that another army operation would be conducted at any time. 
 
BACKGROUND INFORMATION:

Manipur was an independent country for centuries but became a British protectorate until 15 August 1947 after being defeated in the Anglo-Manipuri War 1891. After independence, a constitutional monarchy was established but the Indian government annexed Manipur on 15 October 1949. Since then, Manipur, a small border province in the remote north eastern region of India, with a population of 2.3 million, has been the centre of an armed conflict. In order to control the active armed opposition groups, the Indian armed forces have been deployed under the Armed Forces (Special Powers) Act, 1958. 

In the past, many cases of human rights violations such as indiscriminate firing at innocent civilians, arbitrary detention, torture and other forms of cruelty by the security forces and the police have emerged. The police and other forces often randomly fire into crowded areas. Since these forces enjoy impunity, these acts of abuse and violence mostly go unpunished. To see our previous Urgent Appeals regarding violations committed by security personnel in Manipur, please click: UA-13-2005, FA-19-2004, UA-96-2004 and UA-31-2003.     

It is extremely unfortunate that the very people employed by the government to defend and provide a secure and peaceful environment such that people can live without fear, have now become the offenders themselves. This incident once again exposes the total failure of domestic mechanisms that are designed to defend human rights and safeguard citizen's rights in India.

SUGGESTED ACTION:

Please send a letter to the Chief Minister of Manipur requesting him to order an immediate and thorough investigation in the human rights violations during the operation, punish the responsible security personnel by law and compensate the affected villagers. Please also send a copy of the letter to other relevant local authorities.

Sample letter:

Dear __________,

Re: INDIA: Karang villagers in Manipur suffer human rights violations by the military during a recent military operation

Victims: Villagers of Karang, Bishnupur District, Manipur, India
Alleged perpetrators: 73 Mountain Brigade under the aegis of 57 Mountain Division based at Leimakhong Army base, Manipur
Period of the operation: 3-5 October 2005

I am deeply concerned to hear of the various human rights violations that took place by the 73 Mountain Brigade under the aegis of 57 Mountain Division at Karang Island between 3 and 5 October 2005 during its military operation.

According to the information I have received, it is alleged that there were as many as 3,000 people at Karang during the operation and who have now been confined and their fates unknown. In addition, the villagers, who sustain their lives on fishing activities, have lost their incomes as the fish-traps in the Loktak Lake were destroyed by the motorboats of the army. Several cases of arbitrary arrest and detention have also been reported.

This major military operation is not the first of its kind in Karang. For example, a massive operation was conducted in the Karang area in March 1999, at which point many human rights violations such as arbitrary arrest, detention, and torture, and forced labour and inhuman treatment were reported on by the villagers. However, the Manipur state government took no serious action to prevent such violation or to punish those responsible. The people living in Loktak Lake area were living in fear that another army operation would be conducted at any time. And this is exactly what has happened now.

I therefore urge you to conduct an independent and thorough investigation into the human rights violations that have occurred during this latest operation. I also urge you to ensure that the affected villagers are duly compensated. I further request you, together with the Government of India, to take speedy steps to withdraw the Armed Forces (Special Powers) Act, 1958 under which the security forces enjoy impunity and which has become a platform for many human rights violations. Lastly, I urge the Government of India to ratify the International Convention against Torture (CAT) and implement it into the domestic level without delay to ensure that such abuses do not continue either in Manipur or any other state in India.

Yours sincerely,


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SEND A LETTER TO:

Mr. Okram Ibobi Singh
Chief Minister & Home Minister of Manipur
Chief Minister's secretariat
Babupara, Imphal 795001
Manipur
INDIA
Tel: +91 385 2221833, 2220137 (O); 2220136, 2222683 (R)
Fax: + 91 385 2221817
Email: cmmani@hub.nic.in 

SEND COPIES TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
E-mail: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. 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: mailto:chairnhrc@nic.in

3. Mr. Shivraj Patil Minister
Ministry of Home Affairs
Griha Mantralaya Room No. 104, North Block
Central Secretariat,
New Delhi 110001
INDIA 
Fax: +91 11 2301 5750, 2309 3750, 2309 2763
Email: websitemhaweb@mha.nic.in 

4. Justice Shri W.A. Shishak 
Chairperson
Manipur State Human Rights Commission
Room No. VIP-II, State Guest House
Sanjenthong, Imphal-795001
Manipur
INDIA
Tel: +91 385 2410473 (O) / 2447438 (R)
Telefax: +91 385 2410472
E-mail: mhrc@man.nic.in

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-184-2005
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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.