Letter to NHRC from International organizations

The Honorable Rajendra Babu, Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi – 110 001

Subject: Salwa Judum Inquiry Commission

Dear Justice Babu,

We are a diverse group of organizations who had written to you earlier, on May 13, 2008, observing one year of the unjust detention of Dr. Binayak Sen. In that letter, we had highlighted the harassment of various human rights activists in India under draconian laws such as Chhattisgarh Special Public Security Act (CSPSA) and Unlawful Activities Prevention Act (UAPA) and also stated our opposition to Salwa Judum, the militia movement armed by the Chhattisgarh Government, that has resulted in massive human rights violations in the Southern districts of Chhattisgarh, created an atmosphere of violence and distrust, and led to the displacement of thousands of tribals.

We have since learned that the National Human Rights Commission (NHRC) has been directed by the Honorable Supreme Court, in its order dated April 15, 2008, to conduct an inquiry into allegations of atrocities committed by Salwa Judum. This is certainly an encouraging sign and we hope that an independent and impartial report from the NHRC will compel the Central Government and the State Government of Chhattisgarh to act quickly to deter the widespread violation of human rights in the region.

We take this occasion to highlight the work of other independent organizations investigating Salwa Judum. Although these organizations are independent of each other, there is a remarkable consensus in their evaluation of Salwa Judum. Their reports are a searing indictment of this vigilante army started and nurtured by the state to wage war against its own people. For instance, according to the April 2006 document ‘Where the State Makes War on its Own People’ by PUCL

On the basis of the fact-finding, three facts stood out strongly, all of which ran counter to the government’s assertions: First, it is clear that the Salwa Judum is not a spontaneous people’s movement, but a state-organized anti-insurgency campaign. Second, it is misleading to describe the situation as simply one where ordinary villagers are caught between the Maoists and the military. The Maoists have widespread support and as long as people continued to live in villages, it was difficult for the government to isolate the Maoists…Third, the entire operation, instead of being a ‘peace mission’ as it is claimed, has escalated violence on all sides. However, only the murders by Maoists are recognized, and the Salwa Judum and paramilitary operate with complete impunity.

The report ‘War in the heart of India’ by Independent Citizens’ Initiative finds that:

The Salwa Judum has been responsible for a huge amount of violence in the district, which includes killing civilians, burning and looting their houses, and raping women. Rather than stopping Maoist violence, it has actually led to an increase in retaliatory killings by Naxalites.

And yet again, in a report entitled ‘Death, Displacement, and Deprivation: The war in Dantewada’, the Human Rights Forum observes:

That the Salwa Judum is not a popular upsurge against the Maoists but an instrument of the establishment is the one fact about which there has never been any doubt. Not only civil rights organisations and the leftist publications but the mainstream Press too has said so, in report after report. And there is also little doubt that it is an abominable instrument of suppressive politics.

‘The Adivasis of Chhattisgarh: Victims of the Naxalite Movement and Salwa Judum Campaign‘, a March 2006 report from the Asian Center for Human Rights (ACHR), spares neither the Naxalite movement nor Salwa Judum from its critical eye. The ACHR report notes that:

Salwa Judum is far from a “peace campaign” with some of its cadres being given full military trainings as Special Police Officers. It has become a state sponsored violent counter-insurgency programme.

The same report also calls upon the Indian Judiciary to look into the framing of laws such as the CSPSA which contravene several fundamental requirements for fairness. Finding the CSPSA vague and arbitrary in many instances, the ACHR report reminds us that:

International jurisprudence uniformly emphasises the importance of the cardinal principle of criminal justice system - nullum crimen, nulla poena sine lege138 - i.e. criminal conduct must be defined in law before an offense can be committed, and with sufficient precision so as to prevent arbitrary enforcement (P.68).”

Many other reports make the point that Salwa Judum is not a ’spontaneous’ and ’self-initiated’ reaction to ‘Maoist oppression,’ but rather a state-organized anti-insurgency campaign that has increased violence on all sides and has resulted in the displacement of thousands of tribals.

We also take this occasion to highlight the concerns of Manish Kunjam, the national president of All India Adivasi Association, and one of the petitioners of the Salwa Judum PIL submitted before the Supreme Court of India. In his letter dated May 22, 2008, addressed to the Inquiry Commission at NHRC, he expressed certain concerns regarding the investigation. In particular he noted that:

some of the translators used by the NHRC have close connections to Salwa Judum, and hence, it is likely, that the NHRC commission was not been apprised of the real facts.
the presence of Salwa Judum leaders and Special Police Officers when the NHRC Commission was conducting its inquiry might have led to suppression of facts by villagers who feel intimidated by them (Salwa Judum leaders and SPOs).
soon after the NHRC team left the village of Chintalnar, the Salwa Judum leaders issued death threats to people who had testified against Salwa Judum.

Recent news reports in the Hindustan Times and the Times of India corroborate Mr Kunjam’s fears that the NHRC investigation may have been conducted in an environment that was saturated with fear and intimidation, hence fatally compromising it. According to the HT report:

The 2000-odd inhabitants of Chintalnar village in Dantewada district have allegedly been threatened by the civil militia, Salwa Judum, after they spoke candidly to a visiting National Human Rights Commission (NHRC) team about their struggle to live.

The TOI report quotes activists alleging that the NHRC investigation “panel is flouting all procedures and relying more on Salwa Judum activists and special police officers … and the composition of the investigation team does not have anyone from the NGOs who are associated with the NHRC.”

We request you to take these concerns into consideration while preparing your report, and echoing Mr. Kunjam’s recommendations in his letter, we request you to rely only on the translation services of people who are completely independent, or members of well-known and competent NGOs, to interview the concerned villagers. These interviews must be conducted without Special Police Officers and Salwa Judum leaders being present, and security must be provided to villagers who testify in front of you. We further request that your inquiries be conducted outside of these camps so that people can freely speak their minds without fear of Salwa Judum.

We write this is as concerned individuals from around the globe, many of us citizens of India, who wish to see the highest standards of democratic principles apply to protect all individuals, especially those whose basic human, civil and economic rights are regularly violated. We hope that as the body with the express charge of monitoring and countering human rights violations around the country, the NHRC will not fail the people of India and their well-wishers.

Thanking you,

Sincerely,

Alliance for a Secular and Democratic South Asia, MIT
Alliance of South Asians Taking Action, San Francisco
A.N.S.W.E.R. Coalition, Act Now to Stop War and End Racism - San Francisco
Association for India’s Development
Association of South Asian Political Activists (ASAPA), Berkeley
Asian Law Alliance
Boston Coalition for Justice in Bhopal
Boston Mobilization
Birmingham Anti-SEZ Campaign, UK
Campaign Against Criminalising of Communities, UK (CAMPACC)
Campaign against Forced Displacement, UK
Campaign to Stop Funding Hate: CSFH
DEEP - Defenders of the Environment and Ecology of Panjab, UK
Dharma Megha, East Lansing, Michigan
Friends of South Asia: FOSA
Gadar Heritage Foundation, Fremont
Hillingdon Asian Women’s Communication Service, UK
India Foundation, East Lansing, Michigan
Indian Muslim Council, USA
Indian Progressive Study Group-L.A. (IPSG)
Indian Workers Association (GB)
India Relief and Education Fund, Fremont
International Accountability Project
International League of People’s Struggles, UK
International Service Society, Okemos, Michigan
International South Asia Forum: INSAF, NYC
Massachusetts Global Action
Matahari: Eye of the Day
National Lawyers’ Guild
Our Developing World
Peace and Human Rights Trust: UK
Peninsula Peace & Justice Center
Peoples Health Movement, USA
SAMAR – South Asian Magazine for Action and Reflection
Sanhati
San Jose Peace & Justice Center
SANSAD (South Asian Network for Secularism and Democracy), Vancouver, Canada
SAPAC: South Asian Progressive Action Collective, Chicago
Seva International, Okemos, Michigan
Sikh American Heritage Organization
South Asian Alliance, UK
South Asia Solidarity Group, UK
Students for Bhopal
The 1857 Committee
Vaishnava Center for Enlightenment, Okemos, Michigan
Vedanta Society of East Lansing, Michigan
Western States Legal Foundation (WSLF)
Women’s International League for Peace and Freedom - San Jose

Appendix : Unofficial Translation of Manish Kumjam’s letter to NHRC

All India Adivasi Association

Manish Kunjam,
National President
Ex-MLA, Konta,
Distt Dantewada, Chhattisgarh
Date: 22nd May 2008

To,
Inquiry Commission Team,
National Human Rights Commission,
Sukama House

Subject: Concerning the investigation of Salwa Judum being conducted under the directive of the Supreme Court of India

Context: Petition no. WP 119/2007 submitted to the Supreme Court of India

Dear Sir,

I am the president of the All India Adivasi Association and also a former Member of the Legislative Assembly representing the Konta District. Since I am one of petitioners of the Salwa Judum PIL submitted before the Supreme Court of India, I would like to draw your attention to some facts that are relevant to NHRC’s investigation of Salwa Judum.

1) The NHRC team has questioned many people in the course of its investigation in the village of Dornapal, other base camps and other villages regarding Salwa Judum activities. Since people residing in base camps and these villages primarily speak Gondi, you have relied on the interpretive capabilities of people living in Salwa Judum base camps, who have helped translate from Gondi to Hindi and vice-versa. It is highly likely, therefore, that the interpreters have not translated what actually transpired faithfully, and you have not been apprised of the real facts of the situation. I therefore request you - when you register testimonies of people who can only speak Gondi and during your investigation- not to rely on people from Salwa Judum base camps, but instead use the services of some independent people or members of a Social Services Organization, who have a good knowledge of the Gondi language, so that you are able to learn true facts of the matter.

2) Whenever the NHRC members conducted their investigations in villages where people were questioned regarding the Salwa Judum; Rambhavan Kushvah, a prominent leader of the Salwa Judum movement, along with other people and Police officers were present on the occasion. All prominent leaders of the Salwa Judum and Special Police Officers carry weapons. So it was not possible for you to identify Police officers and Salwa Judum leaders (and SPOs). Because of the presence of these prominent leaders from the Salwa Judum, the testimony given by people who are naturally afraid of these leaders is biased, and hence they have not presented true facts to you. Therefore I request you to interview the concerned villagers in absence of Special Police Officers and Salwa Judum leaders.

3) NHRC has also investigated Salwa Judum related facts in the village of Chintalnar during which some people gave testimony against Salwa Judum. But as soon as the NHRC members concluded their investigation and left, Salwa Judum leaders issued death threats to people who had testified against Salwa Judum. In such a situation, no one is likely to provide you with true facts.

4) In its quest for an impartial enquiry, if your group cannot reach its desired destination and people it needs to interview, it is advisable that you fix a place and time for a public hearing, and this place should, most emphatically, be outside the Salwa Judum base camp. We should get this information at least 10 days in advance, so that we are able to inform and call the concerned victims.

I therefore request you to deliberate seriously on the above points and to conduct a new investigation into the matter, so that the Supreme Court of India is apprised of the true facts of the situation through your group.

With expectations of a fruitful cooperation

Place: Sukama
Date: 22nd May 2008

Yours,
Manish Kunjam,
National President,
All India Adivasi Association

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