India
30.01.04
Urgent Interventions
India: Two Land Rights Activists Murdered
Case IND 300104.ESCR
Killings of Two Land Rights Activists
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, about the murder of two land rights activists in India.
According to the information received, Sarita and Mahesh Kant, both land rights activists, were killed at 7 pm on January 24, 2004 as they were traveling by bike from Shabdo village to the Fatehpur Block Resource Centre. They were stopped by a group of heavily armed men, suspected to be members of a local gang, and shot at point blank range. Sarita died immediately and Mahesh died later from the gun shot wound.
The report indicates that Sarita and Mahesh had been working with the local community in Shabdo village over the past few years to achieve sustainable and equitable use of land resources. With motivation from the two activists, the community of Fatehpur revived a 45 kilometer canal system on the Bihar-Jharkhand border, changing the resources of the Shabdo village and uniting the Raiputs and Dalits in the community. The work of Sarita and Mahesh also involved reclaiming common land which had been taken by powerful gangs. According to the information received, the local mafia, which is supported by the ruling party of Bihar, threatened Sarita and Mahesh, but the activists refused to give up their work.
OMCT firmly condemns these killings and is concerned that they will have a direct effect on the economic, social and cultural rights of the community in the Shabdo village. OMCT would like to stress that in cases involving violations of the right to life, the state and national authorities have an express obligation, under the International Covenant on Civil and Political Rights, to conduct an effective, thorough and prompt investigation. OMCT also reminds the government of India that under the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise" in defending human rights.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. ensure the protection of the economic, social and cultural rights of the community members of Shabdo village, particularly their right to common land, which has been infringed by powerful gangs; and
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Shri. A.P.J. Abdul kalam, President of India, Rashtrapathi Bhavan, New Delhi - 110001 INDIA, Fax: + 91 11 23017290, E-mail: Pressecy@sansad.nic.in
Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
Justice A.S.Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi – 110001 INDIA, Fax: +91-11-23340016 / 23366537, E-mail: nhrc@ren.nic.in
Smt. Rabri Devi, Chief Minister of Bihar, Tel: +91-612-2223886 / 2224784, E-mail: cmbihar@bih.nic.in
Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, January 30, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Killings of Two Land Rights Activists
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, about the murder of two land rights activists in India.
According to the information received, Sarita and Mahesh Kant, both land rights activists, were killed at 7 pm on January 24, 2004 as they were traveling by bike from Shabdo village to the Fatehpur Block Resource Centre. They were stopped by a group of heavily armed men, suspected to be members of a local gang, and shot at point blank range. Sarita died immediately and Mahesh died later from the gun shot wound.
The report indicates that Sarita and Mahesh had been working with the local community in Shabdo village over the past few years to achieve sustainable and equitable use of land resources. With motivation from the two activists, the community of Fatehpur revived a 45 kilometer canal system on the Bihar-Jharkhand border, changing the resources of the Shabdo village and uniting the Raiputs and Dalits in the community. The work of Sarita and Mahesh also involved reclaiming common land which had been taken by powerful gangs. According to the information received, the local mafia, which is supported by the ruling party of Bihar, threatened Sarita and Mahesh, but the activists refused to give up their work.
OMCT firmly condemns these killings and is concerned that they will have a direct effect on the economic, social and cultural rights of the community in the Shabdo village. OMCT would like to stress that in cases involving violations of the right to life, the state and national authorities have an express obligation, under the International Covenant on Civil and Political Rights, to conduct an effective, thorough and prompt investigation. OMCT also reminds the government of India that under the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise" in defending human rights.
Action requested
Please write to the authorities in India urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. ensure the protection of the economic, social and cultural rights of the community members of Shabdo village, particularly their right to common land, which has been infringed by powerful gangs; and
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Shri. A.P.J. Abdul kalam, President of India, Rashtrapathi Bhavan, New Delhi - 110001 INDIA, Fax: + 91 11 23017290, E-mail: Pressecy@sansad.nic.in
Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
Justice A.S.Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi – 110001 INDIA, Fax: +91-11-23340016 / 23366537, E-mail: nhrc@ren.nic.in
Smt. Rabri Devi, Chief Minister of Bihar, Tel: +91-612-2223886 / 2224784, E-mail: cmbihar@bih.nic.in
Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, January 30, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.