National People’s Tribunal on Kandhamal, 22-24 August 2010

The National Solidarity Forum (NSF) – a countrywide platform of concerned social activists, media persons, researchers, legal experts, film makers, artists, writers, scientists and civil society organizations aims to take up solidarity actions to help the victims and survivors of the Kandhamal violence. With a view to creating pressure on the Indian government it plans to organize a national level People’s Tribunal on 22, 23 and 24th August, 2010 at the Constitution Club in Delhi.

Background Note

The people of Kandhamal and other areas of Orissa bore the brunt of two violent anti-Christian communal attacks within the span of nine months in 2007 and 2008.

According to government figures during the last bout of violence from August to December 2008, in Kandhamal district alone more than 600 villages were ransacked, 5600 houses were looted and burnt, 54000 people were left homeless, 38 people were murdered. Human rights groups estimate that over 100 people were killed, including women, disabled persons and children, adivasis and dalits. Three women were gang-raped and many injured. 295 churches, big and small, were destroyed. 13 schools, colleges, and offices of 5 NGOs damaged. About 30,000 people had to live in relief camps for months .

Barring a few townships, almost all villages in Kandhamal district were under the control of anti-social elements led by Hindu fundamentalist groups. During this period about 2,000 people belonging to minority communities were forced to convert from Christianity to Hinduism. More than 10,000 children had their education cut short because of displacements, fear and severe disruption.

Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normal. A visit to the affected villages and interaction with any of the survivors will reveal a totally different reality, which has been documented by different human rights’ activists, NGOs, media; especially by National Commission on Minorities, People’s Union for Civil Liberties (PUCL), Andhra Pradesh Civil Liberties Committee (APCLC), and Advocate Asma Jahangir (Special Rapporteur on freedom of religion or belief of the United Nations’ Human Rights Council). Some of their findings are:

    • The survivors are under threat not to return to their villages unless they agree to change their religion, withdraw cases against their attackers, stop eating beef and dalits stay within limitations imposed by the upper castes. About 15000 people are still living as refugees outside their villages.
    • Out of 3300 complaints filed by victims in the local police stations only 831 have been registered (as First Information Reports – FIRs). Many cases have not been investigated and the accused not prosecuted. In other cases, shoddy police investigations have already created a crisis in the dispensation of justice.
    • The accused have coerced, threatened, and cajoled the victims and the witnesses. There have been attempts to bribe them, both outside and inside the Fast Track Courts. The real perpetrators, like Mr.Manoj Pradhan (BJP-MLA Member of Legislative Assembly), are moving around scot-free and threatening the witnesses time and again, whereas hardly any steps are taken to protect witnesses or ensure their safety. The victims have expressed their deep distrust of the current justice delivery system.
    • There is no action against Orissa Administration officials who could not protect the lives of hundreds of Christians and who allowed Hindu extremist mobs to move around the district with an organised and armed crowd and to do arson, burning, killings uninterruptedly in the presence of police or those who allowed RSS leaders like Pravin Togadia to enter the area and deliver hate speeches.
    • There are major lacunae in the administration of relief to and rehabilitation of the victims of the mass violence. Improper identification and assessment of the houses as fully or partially damaged has been done, damaged houses have been left out of the lists, while lost or damaged household articles are not mentioned at all. Even the 837 families, who lost their houses during December 2007 violence, are yet to get any housing. The government has promised only Rs 50000 as compensation for fully damaged houses; still the actual disbursement till now has only been Rs 10000. Out of 6500 families which lost their houses 60 percent are yet to have a roof to shelter under. Not a single one of the destroyed NGO schools, hospitals, and offices has been compensated.
    • The administration has not made any visible effort to support a revival of dignified livelihood of the victims, to prevent large-scale migration and pauperisation of victim families, or to bring back dropped out children to school.
    • The long-standing problem of landlessness and land alienation of the dalits and adivasis has been completely ignored. There have been almost no efforts to provide land rights to landless survivors, who are facing difficulties to get a shelter after they lost their houses during violence.

National People’s Tribunal

The National Solidarity Forum (NSF) – a countrywide platform of concerned social activists, media persons, researchers, legal experts, film makers, artists, writers, scientists and civil society organizations aims to take up solidarity actions to help the victims and survivors of the Kandhamal violence. With a view to creating pressure on the Indian government it plans to organize a national level People’s Tribunal on 22, 23 and 24th August, 2010 at the Constitution Club in Delhi.

The objectives of the Tribunal will be:

  1. To study and analyse the long-term and short-term causes and impacts of Kandhamal violence
  2. To assess the role, conduct and responsibility of various organizations, group of individuals or persons, in influencing, precipitating or escalating the violence
  3. To assess the role played by the Administration and police before, during and after the pogrom
  4. To study and analyse the various aspects of the problems faced by survivors and victims of violence
  5. To recommend both short-term and long-term measures for the necessary reparation, peace building, justice delivery, prevention of communal violence and strengthen secularism
  6. To bring out the findings to larger society and create pressure on the government to do necessary follow up action
  7. To use the proceedings, findings and the recommendations of the Jury for any further legal action, if necessary
  8. To assess the functioning of the Criminal Justice System in the context of Kandhamal violence
  9. To share the findings in a specially convened Media Conference

The NPT will have a panel of Jury members consisting of persons of national repute and credibility with required expertise to spearhead the process. The process shall include review of relevant documents and reports, field studies, hearing testimonies of survivors, witnesses, victims, concerned human rights’ activists, civil society organisations, experts, government representatives, local organizations and others.  The process will culminate in a three-day public hearing on 22nd, 23rd and 24th August, 2010 at the Constitution Club in New Delhi.

The preparatory work such as document review, field studies are expected to complete by the 1st week of August.   The Jury will be assisted by a Secretariat consisting of rapporteurs, journalists, lawyers, documentation experts, translators and others. The Secretariat will also assist in compiling, study, analysis, reporting and documentation.

About 250 people including 50 victims, experts, media persons, activists, researchers, international observers, legislators and others will participate in the Tribunal proceedings.

We are requesting the following people to participate in the NPT as Jury Panel Members or Special Rapporteurs.

    No. Thematic Areas Suggested Names
    1 Chief of Panel Justice J.S. Verma (yet to get confirmation) Former Chief Justice, Supreme Court & Ex-Chair, NHRC
    2 Women Urvashi Butalia Feminist, publisher
    3 Food & Livelihood Issues P.S.Krishnan Former Secretary, Govt. of India
    4 Religious Freedom Mahesh Bhatt Bollywood film director
    5 Peace Efforts Admiral Bishnu Bhagawat Former Chief of Indian Navy
    6 Police V.N.Rai Senior police officer
    7 Media Seema Mustafa Journalist
    8 Human Rights To be decided
    9 Housing Miloon Kothari Former UN Special Rapporteur on Housing Rights, UNHRC
    10 Education and Child Rights Binod Raina Educationist
    11 Role of Political Parties Rabi Das Political Analyst and Senior Reporter
    12 Displacement/ Migration To be decided
    13 Dalit Ruth Manorama Dalit women activist
    14 Criminal Justice System Vrinda Grover Lawyer & activist
    15 Administration Harsh Mander Ex- Bureaucrat
    16 Adivasi Ram Dayal Munda MP, ex-Vice Chancellor
    17 Local Self Governance, Customary Rights – Forest and Land B.D.Sharma Former Chairperson, ST/SC Commission, India
    19 Special Rapporteur Amit Sengupta Journalist
    20 Special Rapporteur Satya Sivaraman Journalist
    21 Special Rapporteur Harsh Dobhal Journalist
    22 Special Rapporteur Benny Kuruvilla Activist
    23 Member Secretary Ram Puniyani Activist

Observation of Kandhamal Day

NSF plans to observe coming 25th August as International Kandhamal Day to remember the attacks on the Christian minorities in Orissa by communal forces. civil society activists, political parties will be requested to observe this day throughout the globe. Particularly, NSF will engage with the civil society in Orissa and India to observe the Day through various solidarity actions such as exhibition, public meetings, workshops, street-plays, film-shows etc.

Exhibition on Kandhamal Violence at Delhi

An Exhibition with articles from the site of the violence and paintings narrating human stories from Kandhamal will be organized at Delhi from August 22-24th, 2010. The objective of the exhibition is to inform the larger society about the situation after violence and to create awareness against communal violence. A curator has been engaged to select and develop the articles for exhibition. Also, two artists have been contracted to visit various violence affected villages to develop paintings for exhibitions.

Such exhibitions will held in over 50 different places in India.

Film on Communal Violence

A Documentary Film will be produced on Kandhamal violence. Apart from recording the current situation, testimonies by various people will be taken up as regards to the background, causes, occurrences, impact of the Kandhamal violence. Relevant footage will be collected from different sources. A senior and experienced film maker will be requested for the purpose.

Associates of National Solidarity Forum

All India Secular Forum, Mumbai, Maharastra; Bharatiya Muslim Mahila Andolan, Ahmedabad, Gujarat; National Federation of Indian Women, Delhi; Common Concern, Bhubaneswar, Orissa; CSSS, Mumbai, Maharastra; Delhi Forum, Delhi; EKTA, Mumbai, Maharastra; FCFC, Kolkata, India; Focus on Global South, Delhi; Human Rights’ Law Network, Delhi; Indian Social Institute, Delhi; Indian Social Institute, Bangalore; Karnatak; Indian Social Action Forum (INSAF), Delhi;IPSCR, Mumbai, Maharastra; IRDWSI, Koraput, Orissa; Jana Vikas, Kandhamal, Orissa; Kandhamal Survivors Association, Kandhamal, Orissa; KRITI,Delhi;KSMTF ,Kerala; MARG, Delhi; Moving Republic, Bangalore, Karnataka; NCDHR; Delhi; New Socialist Alternative, Bangalore, Karnataka; NFF, Kerala;  ODAF, Bhubaneswar, Orissa; Orissa Citizens’ Initiative, Bhubaneswar, Orissa; Orissa Concern, Bagalore, Karnataka; PEACE, Delhi; People’s Watch, Madurai, Tamilnadu; PPSS,Jagatsinghpur, Orissa; SICHREM, Bangalore, Karnataka;South Asian People’s Initiative, Delhi; VAK, Mumbai, Maharastra; VISTHAR,Bangalore; VISUAL SEARCH, Bangalore; CNI-SBSS, Delhi; HAQ- Centre for Child Rights, Delhi; SFDC, Berhampur, Orissa; NAWO-Orissa, Bhubaneswar, Orissa; Action Asia; FORUM; LAYA, Vishkhapatnam; CED; National Adivasi Alliance; CPSW, Bhubaneswar, Orissa; Seva Bharati, Kandhamal, Orissa; SVK, Gajapati, Oriissa; AKHRA, Ranchi, Jharakhand; CReNIEO, Chennai; Kuidina Forum for Peace and Justice, Gudaygiri, Kandhamal; CSNR, Bhubaneswar, Orissa; OMASA, Bhubaneswar, Orissa; Samuha Vikas, Malkangiri, Orissa; Lok Adhikar Manch, Bhubaneswar, Orissa; Pollishree, Kandhamal

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