Case IND 140197.1
Follow-up of Case IND 140197
The International Secretariat of OMCT has received new information on
the above-mentioned case and requests your continued intervention in
the following situation in India.
Brief reminder of the situation:
The International Secretariat was informed by reliable sources that on
15 January 1997, over 150 Chakma families at Mpen village of Changlang
district in the North Eastern Indian State of Arunachal Pradesh were
threatened with forced eviction.
In a notice served to the families, the Arunachal Pradesh Forest
Corporation Ltd 30 December 1996, claims that the Chakmas at Mpen
violated the Forest Rules/Regulations of the State. It threatened that
if the Chakmas did not vacate the area by 15 January 1997, the Forest
Officials would damage all the properties including crops and houses
and auction their belongings in public. The Forest Corporation stated
that it would not be responsible for the loss of property and no
demonstration or the right to freedom of assembly would be allowed.
The Forest Corporation planned to begin plantations in the area.
The Chakma inhabited areas at Mpen are agricultural lands and has
little forest at the moment. The Chakmas at Mpen area have been
cultivating these lands for last two decades and also paid land taxes
whenever the State Government collected such taxes.
The notice served by the Arunachal Pradesh Forest Corporation Ltd
fails to indicate under which specific Act/Regulation it has been
served nor is it clear which specific Act/Regulation allows auctioning
of properties of the Chakmas of Mpen village at Mpen. The information
suggests that the proposed evictions may be politically motivated and
thought to be part of moves of the State Government of Arunachal
Pradesh to push the Chakmas out of Arunachal Pradesh. However, a
Supreme Court judgement of 9 January 1996 directed that "except in
accordance with law, the Chakmas shall not be evicted from their homes
and shall not be denied domestic life and comfort therein."
New information:
The International Secretariat has been informed by reliable sources
that despite a directive from the National Human Rights Commission
(No. 21296), on the 16th and 17th January 1997, the Arunachal Pradesh
Forest Corporation Ltd with the help of the Arunachal Pradesh Police
destroyed sixteen Chakma houses at the Mpen village.
On January 21st 1997, the Forest Corporation officials destroyed the
houses that were re-built by three of the sixteen Chakma families.
Furthermore, the Forest Corporation officials transported all
properties of the damaged houses transported and auctioned them off at
a Miao market in Changlang District on 21 January.
Although no violence was used during these recent evictions, the
International Secretariat continues to be concerned for the physical
and psychological integrity of the above mentioned persons because of
what would appear to be regular harassment and torture of the Chakmas
and Hajongs in Arunachal Pradesh. The International Secretariat must
express its grave concern that the authorities may resort to the use
of violence during further evictions.
Action requested :
Please write to the Indian authorities urging them to:
i. take immediate measures to guarantee the physical and psychological
integrity of the all those threatened by the forced eviction;
ii Bring an immediate end to the forcible eviction the people of Mpen
and take urgent measures to resolve the situation in accordance with
the supreme court decision and the National Human Rights Commission
directive (No. 21296 ;
iii. rebuild the accomodation of those persons who have been evicted
from their homes.and provide compensation for their lost belongings
iv. open a full impartial inquiry into the all the events and
allegations of violations of fundamental rights, identify all those
responsible and bring them to trial and apply the penal, civil and /or
administrative sanctions provided by legislation;
v. guarantee in all circumstances respect for human rights and
fundamental freedoms in accordance with national laws and
international standards.
Addresses:
The Prime Minister H.D. Deve Gowda, Gate No. 6, South Block, New Delhi
110 001, India. Fax : + 91 11 301 9817
Justice M N Venkatachaliah, Honourable Chairman, National Human Rights
Commission, 9, Sardar Patel Bhawan, Parliament Street, New Delhi 110
001, India. Fax: 00-91-11- 334 0016
Mr Gegong Apang Chief Minister of Arunachal Pradesh Itanagar Arunachal
Fax: 00-91-11-0360- 22439
Mr D C Mishra Chief Secretary State Government of Arunachal Pradesh,
Itanagar Arunachal Pradesh Fax: 00-91-11-0360- 22446
Geneva, 11 February 1997
Kindly inform us of any action undertaken quoting the code of this
appeal in your repply.