India
28.06.01
Urgent Interventions
India: Arrest of 16 Adivasis In The Context of an Ongoing Conflict Over Land
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case IND 020401.1 ESCRC
Follow-up to Case IND 020401. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
New Information
The International Secretariat of OMCT has been informed, by a reliable source, that 16 Adivasis (tribal people) have been arrested on June 12th 2001 by the police and have not been released yet. The arrested Adivasis (6 women and 10 men) are:
1) Pandian (male)
2) Kottiyan (male)
3) Velingiri (male)
4) Maruthaiyyan (male)
5) Maruthan (male)
6) Murugesan (male)
7) Kali (male)
8) Perumal (male)
9) Nagapandian (male)
10) Ponnu Swamy (male)
11) Chellammal (female)
12) Nanjammal (female)
13) Ponnuammal (female)
14) Karattiammal (female)
15) Lakshmi (female)
16) Chellammal (female)
According to the information received, the arrest followed a massive night intervention by the police in the village Thuvaipathy in the Coimbatore District of Tamil Nadu.
The events of June 12th 2001 follow Adivasis’ attempts to reoccupy and cultivate their ancestral lands which have been fenced off, and are under the protection of police forces, for the construction of the Coimbatore Zoological Park (CZP).
Reminder of the situation
According to the information received, the Coimbatore Zoological Park (CZP) is a registered society set up in 1986 by leading industrialists and businessmen of Coimbatore. The CZP proposes to establish the “Coimbatore Zoological Park and Conservation Centre” at Thuvaipathy Village, about 30 kilometres from Coimbatore City, threatening more than 1000 Adivasis (around 150 families) with the loss of their ancestral lands.
While the proposed site for the establishment of the CZP is located on the ancestral lands of the Adivasis, their rights over an important part of this land are not recognised by the state of Tamil Nadu. According to the information received, the Adivasis’ ancestral lands are divided, in term of tenure, between patta lands and poramboke lands. Patta lands are pieces of land owned privately, while poramboke lands are government lands.
It is reported that the CZP has already acquired 71 acres of patta land, much of which was held by the Adivasis, through fraudulent and coercive measures. Moreover, the Tamil Nadu authorities leased around 180 acres of poramboke land to the CZP under a government order in April 1998, giving up the Adivasis land to the CZP. It should be noted that while the State of Tamil Nadu is under a constitutional obligation to ensure the rights of the Adivasis to their lands, it has yet to enact legislation protecting the tribal people from being deprived of their lands.
Since 1987, the Adivasis have been opposed to the establishment of the “Coimbatore Zoological Park and Conservation Centre”. The Adivasis have faced repeated threats from the authorities and the CZP, as well as destruction of their property, since they started resisting attempts to displace them. In particular, it is reported that:
- on August 11th 1989, a team of officials belonging to the Survey Department destroyed the “sangapadi” (community meeting hall) and assaulted a 8 year old child who plucked out the flags planted by the officials;
- in March 1991, the CZP commenced its operations and took control over pieces of land using coercive measures, whereas on May 6th 1990 the Collector, at that time Mr. A.M. Raman, had promised that the project would not be sanctioned as long as the Adivasis objected;
- on October 15th and November 10th 1991, a gang of individuals working for the CZP demolished the houses of Vetain and Maruthan, both Adivasis from Thuvaipathy Village, but no concrete action was taken by the police.
Since March 2001, the following incidents have been reported, showing a climate of increased pressure by the authorities and the CZP on the Adivasis to give up their claim to their ancestral lands:
- on March 25th, the house of Mr. Ramaswamy, an Adivasi activist, was completely burnt down. Along with the burning of the house alleged physical threats against the Irula Adivasis by individuals related to the society in charge of establishing the CZP have also been reported;
- on March 31st, 20 Adivasis were assaulted and injured at night, while returning to their village, by security guards of the CZP;
- on April 6th, an increased police presence was reported in the area and the fencing of the land began under their protection;
- on April 18th, most of the Adivasis were prevented by CZP’s security guards from attending a one day hunger strike held in Coimbatore;
Action Requested
Please write to the Indian authorities urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the 16 Adivasis who have been arrested;
ii. take all necessary measures to guarantee the physical and psychological integrity of the Adivasis from Thuvaipathy village;
iii. guarantee Adivasis’ rights over their ancestral lands;
iv. guarantee respect for the economic, social and cultural rights of the Adivasis;
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards and in particular the International Covenant on Economic, Social and Cultural Rights and the ILO Convention No. 169.
Addresses
H.E. President K.R. Narayanan, Office of the President, Rashtrapati Bhavan, New Delhi 110 004, INDIA Fax: 91-11-301 7290 / 7824
H.E. Atal Bihari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110 011 Fax: 91-11-3019545 / 91-11-3016857 indun@undp.org
Mr L.K. Advani, Home Minister of India, South Block, New Dehli 110001, India, fax: +91 11 3015750
Justice A. N. Varma, Chairperson of National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 11001, India. Fax: 91-11-334 0016
Dr. J. Jayalalitha, The Chief Minister, Government of Tamilnadu, Fort St. George, Chennai, Tamilnadu, India [Ph:044-5362345] Email:cmcell@sec.tn.gov.in
Thiru. Sellamuthu, Collector, Coimbatore District, Coimbatore, Tamilnadu, India 641 018 Email:collrcbe@tn.nic.in
Geneva, June 28th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case IND 020401.1 ESCRC
Follow-up to Case IND 020401. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
New Information
The International Secretariat of OMCT has been informed, by a reliable source, that 16 Adivasis (tribal people) have been arrested on June 12th 2001 by the police and have not been released yet. The arrested Adivasis (6 women and 10 men) are:
1) Pandian (male)
2) Kottiyan (male)
3) Velingiri (male)
4) Maruthaiyyan (male)
5) Maruthan (male)
6) Murugesan (male)
7) Kali (male)
8) Perumal (male)
9) Nagapandian (male)
10) Ponnu Swamy (male)
11) Chellammal (female)
12) Nanjammal (female)
13) Ponnuammal (female)
14) Karattiammal (female)
15) Lakshmi (female)
16) Chellammal (female)
According to the information received, the arrest followed a massive night intervention by the police in the village Thuvaipathy in the Coimbatore District of Tamil Nadu.
The events of June 12th 2001 follow Adivasis’ attempts to reoccupy and cultivate their ancestral lands which have been fenced off, and are under the protection of police forces, for the construction of the Coimbatore Zoological Park (CZP).
Reminder of the situation
According to the information received, the Coimbatore Zoological Park (CZP) is a registered society set up in 1986 by leading industrialists and businessmen of Coimbatore. The CZP proposes to establish the “Coimbatore Zoological Park and Conservation Centre” at Thuvaipathy Village, about 30 kilometres from Coimbatore City, threatening more than 1000 Adivasis (around 150 families) with the loss of their ancestral lands.
While the proposed site for the establishment of the CZP is located on the ancestral lands of the Adivasis, their rights over an important part of this land are not recognised by the state of Tamil Nadu. According to the information received, the Adivasis’ ancestral lands are divided, in term of tenure, between patta lands and poramboke lands. Patta lands are pieces of land owned privately, while poramboke lands are government lands.
It is reported that the CZP has already acquired 71 acres of patta land, much of which was held by the Adivasis, through fraudulent and coercive measures. Moreover, the Tamil Nadu authorities leased around 180 acres of poramboke land to the CZP under a government order in April 1998, giving up the Adivasis land to the CZP. It should be noted that while the State of Tamil Nadu is under a constitutional obligation to ensure the rights of the Adivasis to their lands, it has yet to enact legislation protecting the tribal people from being deprived of their lands.
Since 1987, the Adivasis have been opposed to the establishment of the “Coimbatore Zoological Park and Conservation Centre”. The Adivasis have faced repeated threats from the authorities and the CZP, as well as destruction of their property, since they started resisting attempts to displace them. In particular, it is reported that:
- on August 11th 1989, a team of officials belonging to the Survey Department destroyed the “sangapadi” (community meeting hall) and assaulted a 8 year old child who plucked out the flags planted by the officials;
- in March 1991, the CZP commenced its operations and took control over pieces of land using coercive measures, whereas on May 6th 1990 the Collector, at that time Mr. A.M. Raman, had promised that the project would not be sanctioned as long as the Adivasis objected;
- on October 15th and November 10th 1991, a gang of individuals working for the CZP demolished the houses of Vetain and Maruthan, both Adivasis from Thuvaipathy Village, but no concrete action was taken by the police.
Since March 2001, the following incidents have been reported, showing a climate of increased pressure by the authorities and the CZP on the Adivasis to give up their claim to their ancestral lands:
- on March 25th, the house of Mr. Ramaswamy, an Adivasi activist, was completely burnt down. Along with the burning of the house alleged physical threats against the Irula Adivasis by individuals related to the society in charge of establishing the CZP have also been reported;
- on March 31st, 20 Adivasis were assaulted and injured at night, while returning to their village, by security guards of the CZP;
- on April 6th, an increased police presence was reported in the area and the fencing of the land began under their protection;
- on April 18th, most of the Adivasis were prevented by CZP’s security guards from attending a one day hunger strike held in Coimbatore;
Action Requested
Please write to the Indian authorities urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the 16 Adivasis who have been arrested;
ii. take all necessary measures to guarantee the physical and psychological integrity of the Adivasis from Thuvaipathy village;
iii. guarantee Adivasis’ rights over their ancestral lands;
iv. guarantee respect for the economic, social and cultural rights of the Adivasis;
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards and in particular the International Covenant on Economic, Social and Cultural Rights and the ILO Convention No. 169.
Addresses
H.E. President K.R. Narayanan, Office of the President, Rashtrapati Bhavan, New Delhi 110 004, INDIA Fax: 91-11-301 7290 / 7824
H.E. Atal Bihari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110 011 Fax: 91-11-3019545 / 91-11-3016857 indun@undp.org
Mr L.K. Advani, Home Minister of India, South Block, New Dehli 110001, India, fax: +91 11 3015750
Justice A. N. Varma, Chairperson of National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 11001, India. Fax: 91-11-334 0016
Dr. J. Jayalalitha, The Chief Minister, Government of Tamilnadu, Fort St. George, Chennai, Tamilnadu, India [Ph:044-5362345] Email:cmcell@sec.tn.gov.in
Thiru. Sellamuthu, Collector, Coimbatore District, Coimbatore, Tamilnadu, India 641 018 Email:collrcbe@tn.nic.in
Geneva, June 28th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.