05.06.03
Urgent Interventions
'India: Joint letter concerning the illegal raising of the Sardar Sarovar Dam
Shri Atal Bihari Vajpayee
Prime Minster of India
7, Safdarjung Road
New Delhi - 110 001
FAX: +91-112-3017290, +91-112-3014570, +91-112-3017290
To the Honourable Shri Vajpayee,
We, a coalition of international nongovernmental organizations, working in consultation with the United Nations to promote and protect human rights throughout the world, have been closely monitoring with great concern the continued development of the Narmada Valley dam system.
We take this opportunity to voice our collective alarm at the raising of the Sardar Sarovar dam, in contravention of the Indian Supreme Court decision of 18 October 2000 and various national laws and international human rights standards and norms.
As you are well aware, the Supreme Court of India, as the highest court in the nation, upheld the Narmada Tribunal Award that mandated land for land rehabilitation of all affected families six months prior to any increase in the dam height. The Adivasis currently living in the dam-affected areas and who will surely be flooded in this season’s monsoons if the Sardar Sarovor dam is raised have not received proper land-for-land rehabilitation. According to the Supreme Court decision, until such time as such land-for-land rehabilitation is assured and implemented, the height of the dam must not be raised. Despite this, it appears that the dam height has indeed been raised from 95 meters to 100 meters, and we have learned that work on this dam is underway.
We also would like to bring to your attention that numerous reports indicate that the police are intimidating and actually threatening the Adivasis communities living near the reservoir. They are coercing the inhabitants by announcing that the villages will be forcibly depopulated as state officials will destroy their houses located on the banks of the Narmada. The police also reportedly issued notices warning the Adivasis communities to vacate the villages in the wake of submergence.
We are deeply concerned over the continued blatant apathy of government officials on this matter, especially in light of the indefinite fast begun by Medha Patkar, an internationally recognized and highly admired activist.
Medha is fasting on behalf of all those who are voiceless in the struggle. We stand in solidarity with her struggle and the mounting numbers of victims in the Narmada Valley..
We need not remind you of those who will be affected by the raising of the Sardar Sarovor dam. Thousands are still waiting for rehabilitation, victims of previous raisings of the dam. In Madhya Pradesh, the majority of the 35,000 Adivasis families have yet to receive rehabilitation. In Maharashtra, at least 3,600 families, that is, tens of thousands of men, women and children, have yet to be given their rightful land for land rehabilitation.
The current illegal raising of the dam will result in the submergence of the homes and lands of at least 3,000 families in Maharashtra and 12,000 families in Madhya Pradesh.
This is a clear violation of the Supreme Court, and the State of India’s treaty obligations set forth under numerous international human rights instruments that India has ratified. The State is in clear violation of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights International, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination and the ILO Convention No. 169.
In this respect, we refer to the General Comment No. 4 of the UN Committee on Economic, Social and Cultural Rights, that expressly states that “forced evictions are prima facie incompatible with the with the provisions of the Covenant and can only be carried out under specific circumstances”. Moreover, in its General Comment No. 7(1997), the Committee emphasized that, under international human rights law, these exceptional circumstances in which forced evictions could be carried out impose certain requirements to which State parties to the Covenant must adhere to.
First, prior to carrying out any eviction, States must ensure that all feasible alternatives are explored in consultation with the affected persons, with a view of avoiding, or at least minimizing, the need to use force. Secondly, legal remedies or procedures should be provided to those who are affected by eviction orders, along with adequate compensation for any property, both personal and real, which is affected. Thirdly, in those rare cases where evictions are considered justified, they should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality. Additionally, in these rare cases where evictions are considered justified, they should not render individuals homeless or vulnerable to the violations of other human rights. Governments, therefore, must ensure that adequate alternative housing or resettlement is available for all those affected by the building of the dam.
We also bring your attention to the standards and guidelines set forth in India’s agreements with the World Bank. Though funding from the World Bank has been halted due to the intense controversy over the resettlement and environment components of the project, we note that the agreements for monies already received still stand, which include adequate rehabilitation and resettlement. Additionally, we call your attention to the recommendations for adequate land for land resettlement as set forth in the Maharashtra Government's Task Force Report and of the Justice Daud Commission.
These rights and recommendations apply to all Adivasis and indigenous people of the Narmada Valley and the Sardar Sarovar region. In this respect it is also vital that those who have yet to be declared project affected Adivasis, or PAFs, such as those living in canal areas, who will also be displaced by the raising of the dam, and are included in decision for mandatory land for land resettlement as per the Narmada Water Dispute Tribunal Award, be identified as such, and also provided with proper rehabilitation and resettlement.
The raising of the dam, and the ousting of the thousands of Adivasis people in that region without adequate and proper land for land rehabilitation, will result not only in the above rights being violated, but in the destruction of their livelihoods, dignity and their very lives.
Reality has shown that previous victims of the dams in the Narmada Valley are now living on the streets and in the slums of major cities such as Mumbai, facing disease, malnutrition, inadequate or no housing, and even death. We implore you to keep this from happening by following the land-for-land policy as set forth by the Narmada Water Dispute Tribunal and upheld by the Supreme Court in October of 2000. It is imperative that the land be adequate for agricultural purposes, for, as you know, the Adivasis know no other way of life than farming, and without such land, they cannot and will not survive.
In order to adequately conduct the land for land rehabilitation, we, as representatives of the international community, request that an independent body be established to implement the land for land rehabilitation, consisting of nationals and international experts who will be able to oversee the rehabilitation process fairly and impartially. This independent and impartial body is vital for the effective implementation of the Narmada Water Dispute Tribunal and the Supreme Courts decision, the standards set forth by the World Bank investigation, and in line with the rights set forth in international human rights agreements.
In the event of the claim that no adequate land exists, as made by the Minister of Madhya Pradesh, the same can be corroborated by this body, and adequate monetary compensation can be given in an amount determined by this body, in consultation with all stakeholders, including those displaced. This would provide an acceptable system within minimal human rights standards, the Narmada Water Dispute Tribunal and supporting Supreme Court decision.
The decision to raise the water and flood the Adivasis’ land, as well as the mobilisation around Medha Patkar's fast, is raising growing concern among our constituencies in all our countries. In this context, we are making this letter known publicly to our constituencies.
We hope that the Indian authorities, at all levels, understand the urgency to act quickly and responsibly. In solidarity with Medha Patkar and the people of the Narmada Valley, we urge you to take immediate action, to comply with your obligations pursuant to the laws of your nation, the laws of the international community, and the fundamental tenets of human rights. We demand the lowering of the Sardar Sarovor dam height to allow sufficient time for the adequate and just land-for-land rehabilitation to allow those displaced to maintain their livelihoods, realize their rights, and live a life of security and dignity.
Please accept the assurances of our highest considerations,
The International Community
·The Centre on Housing Rights and Evictions (COHRE)
·Earth Justice
·FIDH
· Habitat International Coalition, Housing & Land Rights Network
·World Organisation against Torture (OMCT)
CC:
· President of India
Dr.A.P.J.Abdul Kalam
The President of India
Rashtrapati Bhavan
New Delhi - 110 004
·Chief Minister of the State of Maharashtra
Shri Sushilkumar Shinde,
Chief Minister,
Mantralaya, Mumbai,
Maharashtra - 400 023
+91-22-23633272, +91-22-22029214
·Chief Minister of the State of Madhya Pradhesh
Shri Digvijay Singh,
Chief Minister of Madhya Pradesh
Vallabh Bhavan
Madhya Pradesh
+91-755-540 501; +91-755-551781
·Resettlement and Rehabilitation (R&R) subgroup of the Narmada Control Authority (NCA)
C. Gopal Reddy,
Chairman, R&R Sub-Group of NCA,
Secretary, Ministry of Social Justice and Empowerment,
Shastri Bhavan,
New Delhi-1
·Maharashtra Minister for Rehabilitation
Vilas Rao Patil,
Mumbai
· World Bank
The World Bank Headquarters
1818 H Street, N.W.
Washington, DC 20433 U.S.A.
tel: (202) 473-1000
fax: (202) 477-6391
· World Bank Environmentally and Socially Sustainable Development Network
Email: eadvisor@worldbank.org
Phone: (202) 522-3773
Fax: (202) 522-3243
1818 H Street, NW, #MC4-407
Washington, DC 20433 USA
· Acting High Commissioner for Human Rights, Bertrand Ramcharan
+41.22.917 9004
· Urgent Action Hotline of the UN High Commission for Human Rights
+ 41 22 917 9006
Email: urgentaction@ohchr.org
Prime Minster of India
7, Safdarjung Road
New Delhi - 110 001
FAX: +91-112-3017290, +91-112-3014570, +91-112-3017290
To the Honourable Shri Vajpayee,
We, a coalition of international nongovernmental organizations, working in consultation with the United Nations to promote and protect human rights throughout the world, have been closely monitoring with great concern the continued development of the Narmada Valley dam system.
We take this opportunity to voice our collective alarm at the raising of the Sardar Sarovar dam, in contravention of the Indian Supreme Court decision of 18 October 2000 and various national laws and international human rights standards and norms.
As you are well aware, the Supreme Court of India, as the highest court in the nation, upheld the Narmada Tribunal Award that mandated land for land rehabilitation of all affected families six months prior to any increase in the dam height. The Adivasis currently living in the dam-affected areas and who will surely be flooded in this season’s monsoons if the Sardar Sarovor dam is raised have not received proper land-for-land rehabilitation. According to the Supreme Court decision, until such time as such land-for-land rehabilitation is assured and implemented, the height of the dam must not be raised. Despite this, it appears that the dam height has indeed been raised from 95 meters to 100 meters, and we have learned that work on this dam is underway.
We also would like to bring to your attention that numerous reports indicate that the police are intimidating and actually threatening the Adivasis communities living near the reservoir. They are coercing the inhabitants by announcing that the villages will be forcibly depopulated as state officials will destroy their houses located on the banks of the Narmada. The police also reportedly issued notices warning the Adivasis communities to vacate the villages in the wake of submergence.
We are deeply concerned over the continued blatant apathy of government officials on this matter, especially in light of the indefinite fast begun by Medha Patkar, an internationally recognized and highly admired activist.
Medha is fasting on behalf of all those who are voiceless in the struggle. We stand in solidarity with her struggle and the mounting numbers of victims in the Narmada Valley..
We need not remind you of those who will be affected by the raising of the Sardar Sarovor dam. Thousands are still waiting for rehabilitation, victims of previous raisings of the dam. In Madhya Pradesh, the majority of the 35,000 Adivasis families have yet to receive rehabilitation. In Maharashtra, at least 3,600 families, that is, tens of thousands of men, women and children, have yet to be given their rightful land for land rehabilitation.
The current illegal raising of the dam will result in the submergence of the homes and lands of at least 3,000 families in Maharashtra and 12,000 families in Madhya Pradesh.
This is a clear violation of the Supreme Court, and the State of India’s treaty obligations set forth under numerous international human rights instruments that India has ratified. The State is in clear violation of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights International, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination and the ILO Convention No. 169.
In this respect, we refer to the General Comment No. 4 of the UN Committee on Economic, Social and Cultural Rights, that expressly states that “forced evictions are prima facie incompatible with the with the provisions of the Covenant and can only be carried out under specific circumstances”. Moreover, in its General Comment No. 7(1997), the Committee emphasized that, under international human rights law, these exceptional circumstances in which forced evictions could be carried out impose certain requirements to which State parties to the Covenant must adhere to.
First, prior to carrying out any eviction, States must ensure that all feasible alternatives are explored in consultation with the affected persons, with a view of avoiding, or at least minimizing, the need to use force. Secondly, legal remedies or procedures should be provided to those who are affected by eviction orders, along with adequate compensation for any property, both personal and real, which is affected. Thirdly, in those rare cases where evictions are considered justified, they should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality. Additionally, in these rare cases where evictions are considered justified, they should not render individuals homeless or vulnerable to the violations of other human rights. Governments, therefore, must ensure that adequate alternative housing or resettlement is available for all those affected by the building of the dam.
We also bring your attention to the standards and guidelines set forth in India’s agreements with the World Bank. Though funding from the World Bank has been halted due to the intense controversy over the resettlement and environment components of the project, we note that the agreements for monies already received still stand, which include adequate rehabilitation and resettlement. Additionally, we call your attention to the recommendations for adequate land for land resettlement as set forth in the Maharashtra Government's Task Force Report and of the Justice Daud Commission.
These rights and recommendations apply to all Adivasis and indigenous people of the Narmada Valley and the Sardar Sarovar region. In this respect it is also vital that those who have yet to be declared project affected Adivasis, or PAFs, such as those living in canal areas, who will also be displaced by the raising of the dam, and are included in decision for mandatory land for land resettlement as per the Narmada Water Dispute Tribunal Award, be identified as such, and also provided with proper rehabilitation and resettlement.
The raising of the dam, and the ousting of the thousands of Adivasis people in that region without adequate and proper land for land rehabilitation, will result not only in the above rights being violated, but in the destruction of their livelihoods, dignity and their very lives.
Reality has shown that previous victims of the dams in the Narmada Valley are now living on the streets and in the slums of major cities such as Mumbai, facing disease, malnutrition, inadequate or no housing, and even death. We implore you to keep this from happening by following the land-for-land policy as set forth by the Narmada Water Dispute Tribunal and upheld by the Supreme Court in October of 2000. It is imperative that the land be adequate for agricultural purposes, for, as you know, the Adivasis know no other way of life than farming, and without such land, they cannot and will not survive.
In order to adequately conduct the land for land rehabilitation, we, as representatives of the international community, request that an independent body be established to implement the land for land rehabilitation, consisting of nationals and international experts who will be able to oversee the rehabilitation process fairly and impartially. This independent and impartial body is vital for the effective implementation of the Narmada Water Dispute Tribunal and the Supreme Courts decision, the standards set forth by the World Bank investigation, and in line with the rights set forth in international human rights agreements.
In the event of the claim that no adequate land exists, as made by the Minister of Madhya Pradesh, the same can be corroborated by this body, and adequate monetary compensation can be given in an amount determined by this body, in consultation with all stakeholders, including those displaced. This would provide an acceptable system within minimal human rights standards, the Narmada Water Dispute Tribunal and supporting Supreme Court decision.
The decision to raise the water and flood the Adivasis’ land, as well as the mobilisation around Medha Patkar's fast, is raising growing concern among our constituencies in all our countries. In this context, we are making this letter known publicly to our constituencies.
We hope that the Indian authorities, at all levels, understand the urgency to act quickly and responsibly. In solidarity with Medha Patkar and the people of the Narmada Valley, we urge you to take immediate action, to comply with your obligations pursuant to the laws of your nation, the laws of the international community, and the fundamental tenets of human rights. We demand the lowering of the Sardar Sarovor dam height to allow sufficient time for the adequate and just land-for-land rehabilitation to allow those displaced to maintain their livelihoods, realize their rights, and live a life of security and dignity.
Please accept the assurances of our highest considerations,
The International Community
·The Centre on Housing Rights and Evictions (COHRE)
·Earth Justice
·FIDH
· Habitat International Coalition, Housing & Land Rights Network
·World Organisation against Torture (OMCT)
CC:
· President of India
Dr.A.P.J.Abdul Kalam
The President of India
Rashtrapati Bhavan
New Delhi - 110 004
·Chief Minister of the State of Maharashtra
Shri Sushilkumar Shinde,
Chief Minister,
Mantralaya, Mumbai,
Maharashtra - 400 023
+91-22-23633272, +91-22-22029214
·Chief Minister of the State of Madhya Pradhesh
Shri Digvijay Singh,
Chief Minister of Madhya Pradesh
Vallabh Bhavan
Madhya Pradesh
+91-755-540 501; +91-755-551781
·Resettlement and Rehabilitation (R&R) subgroup of the Narmada Control Authority (NCA)
C. Gopal Reddy,
Chairman, R&R Sub-Group of NCA,
Secretary, Ministry of Social Justice and Empowerment,
Shastri Bhavan,
New Delhi-1
·Maharashtra Minister for Rehabilitation
Vilas Rao Patil,
Mumbai
· World Bank
The World Bank Headquarters
1818 H Street, N.W.
Washington, DC 20433 U.S.A.
tel: (202) 473-1000
fax: (202) 477-6391
· World Bank Environmentally and Socially Sustainable Development Network
Email: eadvisor@worldbank.org
Phone: (202) 522-3773
Fax: (202) 522-3243
1818 H Street, NW, #MC4-407
Washington, DC 20433 USA
· Acting High Commissioner for Human Rights, Bertrand Ramcharan
+41.22.917 9004
· Urgent Action Hotline of the UN High Commission for Human Rights
+ 41 22 917 9006
Email: urgentaction@ohchr.org