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    JUSTICE SHAH NATIONAL PEOPLE’S TRIBUNAL ON KANDHAMAL INTERIM

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    JUSTICE SHAH NATIONAL PEOPLE’S TRIBUNAL ON KANDHAMAL INTERIM

    Post by Admin on Thu Aug 26, 2010 7:23 am

    [b]JUSTICE SHAH NATIONAL PEOPLE’S TRIBUNAL ON KANDHAMAL INTERIM REPORT[table class="cf hX" cellpadding="0"][tr class="hY hM"][td class="hT hM"]
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    [img]https://mail.google.com/mail/images/cleardot.gif[/img][img(16,16)]https://mail.google.com/mail/images/cleardot.gif[/img][b]Dr. John Dayal[/b]

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    JURY’S PRELIMINARY FINDINGS & RECOMMENDATIONS
    24 AUGUST 2010
    The National People’s Tribunal (NPT) on Kandhamal, held in New Delhi
    on 22-24 August 2010, was organized by the National Solidarity Forum
    - a countrywide solidarity platform of concerned social activists,
    media persons, researchers, legal experts, film makers, artists,
    writers, scientists and civil society organizations to assist the
    victims and survivors of the Kandhamal violence 2008 to seek justice,
    accountability and peace and to restore the victim-survivors’ right to
    a dignified life.
    The jury of the NPT was headed by Justice A.P. Shah, former Chief
    Justice of the Delhi High Court. Joining him as jury members were
    Harsh Mander (member of National Advisory Council), Mahesh Bhatt (film
    maker and activist), Miloon Kothari (former UN Special Rapporteur on
    Right to Housing), P. S. Krishnan (retired Secretary, Government of
    India), Rabi Das (senior journalist based in Bhubaneswar), Ruth
    Manorama (women and dalit rights activist), Sukumar Muralidharan
    (Delhi-based free lance journalist), Syeeda Hameed (member of Planning
    Commission, Government of India), Vahida Nainar (expert on
    international law, mass crimes and gender), Vinod Raina (scientist and
    social activist with a specific focus on right to education), Admiral
    Vishnu Bhagwat (former Chief of Naval Staff) and Vrinda Grover
    (advocate, Delhi High Court).
    ******
    Introduction
    Thousands of dalits and tribals belonging to the Christian minorities
    in the Kandhamal region of Orissa were victims of organized violence
    starting in August 2007. 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 and aged persons and children; and
    an unestimated number suffered severe physical injuries and mental
    trauma. While there are reports of four women being gang-raped, many
    more victims of sexual assault are believed to have been intimidated
    into silence. 295 churches and other places of worship, big and
    small, were destroyed. 13 schools, colleges, and offices of 5 non-
    profit organizations damaged. About 30,000 people were uprooted and
    lived in relief camps and continue to be displaced. During this period
    about 2,000 people belonging to minority communities were forced to
    repudiate their Christian faith. More than 10,000 children had their
    education severely disrupted due to displacement and fear. Today,
    after two years, the situation has not improved, although the
    administration time and again claims it is peaceful and has returned
    to normalcy. With a view to create conditions for justice and
    accountability for the violence, the National Solidarity Forum
    organized a National People’s Tribunal (NPT) on 22-24 August 2010 at
    the Constitution Club in Delhi. The objectives of the Tribunal were:
    1. To provide a platform for victim-survivors and their families to
    voice their experiences, perceptions, demands and aspirations to
    civil society at large;


    2. To study and analyse the long-term and short-term causes and impact
    of the Kandhamal violence;


    3. To assess the role, conduct and responsibility of various
    organizations, groups of individuals or persons, in influencing,
    precipitating and escalating the violence;


    4. To assess the role played by the state and district administration
    and public officials, including the police, before, during and after
    the pogrom;


    5. To assess the functioning of the criminal justice system for fixing
    criminal accountability and prosecuting the guilty;


    6. To study and analyse the various rights of victims and survivors
    that have been violated during the violence and thereafter;

    7. To recommend both short-term and long-term remedial measures for
    promoting an efficient delivery of justice and reparations, and for
    strengthening peace-building, prevention of communal violence and
    secularism; and


    8. To present the findings and recommendations before civil society,
    including the media, and to persuade the government and other agencies
    to pursue the necessary follow up action to restore dignity, right to
    life, justice and peace to the victim-survivors of Kandhamal violence.

    The Tribunal heard 43 victims, survivors and their representatives,
    and 15 experts who presented studies / fact-finding reports on the
    Kandhamal violence. Documentation related to each case, consisting of
    affidavits, court documents, medical and other supporting documents,
    as well as copies of reports and studies on the violence were placed
    before the jury for its perusal. The depositions were on a range of
    issues including a) adivasi and dalit rights to religious and culture
    freedom; b) role of police, administration and the criminal justice
    system; c) issues relating to housing, compensation, relief,
    rehabilitation, food and livelihood, displacement and migration of the
    victims; d) impact on children and their education; e) gender violence
    and violations of human rights; and f) role of media, political
    parties, and civil society in peace and reconciliation processes.
    Formal invitations were extended to the Ministry of Minority Affairs,
    Ministry of Tribal Affairs, Ministry of Women’s Development and Child
    Welfare, Ministry of Social Justice and Empowerment, as well as the
    National Human Rights Commission, National Commission for Minorities,
    National Commission for Scheduled Castes, National Commission for
    Scheduled Tribes and National Commission for Women to participate in
    the proceedings of the Tribunal. However, there was no participation
    from the concerned ministries and commissions.

    PREAMBLE
    The jury records its shock and deep concern for the heinous and brutal
    manner in which the members of the Christian community, a vast
    majority of who are dalits and tribals were killed, dismembered,
    sexually assaulted and tortured. The deliberate destruction of
    evidence pertaining to these crimes came to the attention to the jury.
    There was rampant and systematic looting and destruction of houses and
    places of worship and means of livelihood. The victim-survivors
    continue to be intimidated and systematically denied protection and
    access to justice.

    From the testimonies heard and the detailed reports received, the jury
    is convinced that the carnage in Kandhamal is an act of communalism
    mainly directed against the Christian community, a vast majority of
    who are of scheduled caste origin and anyone who supported or worked
    with the community. It is clear to us that there was deliberate
    strategy of targeting of the community, fed by groups of the Hindutva
    ideology such as Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu
    Parishad (VHP), Bajrang Dal and the active members of Bharatiya Janata
    Party (BJP).
    The jury is further convinced that the communal violence in Kandhamal
    was the consequence of a subversion of constitutional governance in
    which state agents were complicit.
    The jury acknowledges and appreciates the courage, determination and
    resilience of the victim-survivors and the human rights defenders
    supporting them, who have braved physical, psychological and economic
    hardships and intimidation to tell their stories before this Tribunal,
    thereby breaking the culture of silence. After listening to the myriad
    accounts of all the victim-survivors and their representatives, as
    well as the experts who presented a summary of their studies / fact-
    finding reports on the Kandhamal violence, the jury offers the
    following preliminary findings and recommendations:

    GENERAL OBSERVATIONS
    The jury observes that a majority of victim-survivors and their
    families are from marginalized groups, particularly from the dalit and
    adivasi (SC and ST) Christian community, and that most live in abject
    poverty and on the brink of despair. The victim-survivors and their
    families are yet to obtain justice, rehabilitation or regain a right
    to life with dignity. The victims/survivors have undergone incredible
    hardships, including physical and psychological trauma, threats and
    humiliation, deprivation of a dignity, an extensive loss of movable
    and immovable property, a source and means of livelihood and their
    right to a decent standard of living - including food, housing,
    education and health services. They have faced persecution in all its
    forms – such as social and economic boycott as well as religious,
    caste-based and cultural discrimination. They live under a constant
    threat to their lives and personal security and continue to suffer
    from trauma. The consequence is that even two year after the outbreak
    of the violence, the victim-survivors are unable to return to their
    villages and resume their normal way of life. They continue to be
    subjected to constant and overt manifestations of communal, caste and
    class-based discrimination. All victim-survivors and their
    representatives who deposed before the Tribunal strongly articulated
    their demand for justice and security.

    The jury observes that communal forces have used religious conversions
    as an issue for political mobilisation and to incite horrific forms of
    violence and discrimination against the Christians of SC origin and
    their supporters in Kandhamal. The object is to dominate them and
    ensure that they never rise above their low caste status and remain
    subservient to the upper castes. The jury observes, with deep concern,
    that a range of coercive tactics have been used by the communal forces
    for conversion or re-conversion of a person into the Hindu fold,
    including threat, intimidation, social and economic boycott and
    coercion, as well as the institutionalization of humiliating rituals.
    The state and district administrations have, on no occasion,
    intervened to protect the freedom of religion and freedom of
    expression.

    The jury observes, with concern, the institutionalised communal and
    casteist bias of state agencies, and their deliberate dereliction of
    constitutionally mandated duties, their connivance with communal
    forces, participation in and support to the violence and a deliberate
    scuttling of processes of justice through acts of commission and
    omission. The state agencies have blatantly failed to extend much-
    needed institutional support to victim-survivors and protect them from
    ostracism, socio-economic boycott and subjugation by non-state
    actors.

    SPECIFIC OBSERVATIONS

    A. State’s Complicity and Collusion

    • Institutional Bias: All testimonies and reports have pointed towards
    the complicity of the police – senior officers as well as the
    constabulary – during the phase of violence, and their collusion with
    the wrongdoers during the phase of investigation and prosecution.
    Based on the testimonies, the jury concludes that this was not an
    aberration of a few individual police men, but evidence of an
    institutional bias against the targeted Christian community.

    • Failure to Prevent the Violence: The police deliberately failed to
    prevent the violence by a) non-implementation of the recommendations
    made by the National Commission for Minorities in its reports of
    January and April 2008; b) permitting the funeral procession of Swami
    Lakshmananda through a 170 kilometre route through communally
    sensitive areas; c) allowing hate speeches and incitement to violence;
    d) allowing a series of programmes by the communal forces (such as the
    bandh of 25 August 2008, shraddhanjali sabhas and dharnas by Hindu
    religious leaders). In particular, the permission given by the state
    administration to the funeral procession cannot, in any way, be a mere
    lapse of judgment. The state agencies displayed long overdue political
    resolve when they stopped VHP leader Praveen Togadia from visiting
    Kandhamal in March 2010. This late awakening was however, of little
    help to the victim-survivors of the district.

    • Suspension of Police Officials: Many witnesses deposed about the
    failure of the police to protect them from the violence and their
    refusal to register First Information Reports subsequently. There were
    long delayed actions to check police complicity, when five police
    officials were suspended for misconduct and negligence in connection
    with the sexual assault on Sister Meena, and the identification of 13
    police officials for failure to protect persons and property in
    Kandhamal by A.K. Upadhyay, DIG (Training).

    • Destruction of Evidence by Public Officials: The jury is constrained
    to observe that public officials have colluded in the destruction of
    evidence and there is testimony directly implicating the District
    Collector in this misdemeanour (Case No. 24)

    B. Communal Forces, Freedom of Religion and Discrimination

    • Forcible Conversions: Testimonies pointed towards forcible
    conversion of Christians to Hinduism during the violence and
    subsequently, as a condition for their return to their villages. No
    known action has been initiated against any of the perpetrators by the
    administration under the provisions either of criminal law, or the
    state’s Freedom of Religion Act.

    • Serious Violation of Religious Freedom: The violent intimidation of
    the Christian community, accompanied by social sanctions against the
    practice of Christianity, the destruction and desecration of places of
    worship, the forcible conversions to Hinduism, the killing and torture
    of victims and survivors for their refusal to repudiate their faith,
    are all acts violative of the constitutional guarantees of right to
    life, equality and non-discrimination, as well as the right to
    religious freedom.

    • The Role of Hindutva forces: The accused identified in all witness
    testimonies were members of Hindutva organisations. This is
    substantiated by the response of Orissa Chief Minister, to a query
    raised in the state Legislative Assembly, on 23 November 2009. In his
    written response, Mr. Naveen Pattnaik said that pursuant to
    investigation, 85 members of the RSS, 321 members of the VHP and 118
    members of the Bajrang Dal had been arrested.


    • Discrimination on the Basis of Caste and Religion: The targeted
    violence against dalit Christians, as well as the continued
    discrimination against them are violative of Constitutional guarantees
    of equality, non-discrimination, right to a dignified life and the
    prohibition of untouchability. Further, they amount to a serious
    violation of all provisions of the UN Convention on Elimination of
    Racial Discrimination (CERD), a convention ratified by India. The
    Concluding Observations of its forty-ninth session held in August/
    September 1996 (as it reviewed India's tenth to fourteenth periodic
    reports under the International Convention on the Elimination of All
    Forms of Discrimination, 1965), the Committee on the Elimination of
    Racial Discrimination affirmed that "the situation of Scheduled Castes
    and Scheduled Tribes falls within the scope of" the Convention. The
    Committee states that "descent" contained in Article 1 of the
    Convention does not refer solely to race, and includes the situation
    of scheduled castes and tribes.

    C. Sexual Violence and Other Gender Concerns

    • Silence and Invisibility: The jury observes, with deep concern, that
    silence continues to prevail in matters of sexual assault. This
    applies at all levels, including documenting, reporting,
    investigating, charging and prosecuting cases. Though witness
    testimonies show that sexual violence was rampant, there are only five
    reported cases, and an even smaller number that have been registered
    and are pending in the courts. One of the testimonies refers to the
    gang rape (Case No. 3), but none of the accused has been formally
    charged.

    • Special Vulnerability of Women: While all victims and survivors face
    intimidation and threats, women face the additional danger of sexual
    violence not just against themselves but also against their daughters
    (Case No. 12). The immediate consequence of such threats is a
    hightened sense of vulnerability and a restriction on their movement.
    The jury observes that the threat of sexual assault against women
    continues to be used as a tool to prevent families from returning to
    their villages, to prevent women from resuming their livelihood
    activities, and pursuing justice.


    • Violation of international covenants: The pattern of violence
    against women is violative of constitutional guarantees of equality,
    non-discrimination on the ground of sex as well as a right to life
    with dignity. In addition, the attacks violate international
    standards, including the UN Convention on Elimination of Violence
    Against Women (CEDAW) which has been ratified by India. The CEDAW
    Committee, through General Recommendation 19, has clarified that
    gender-based violence, that is, violence that is directed against a
    woman because she is a woman or that affects women disproportionately,
    amounts to discrimination against women.

    D. Failure of the Criminal Justice System

    • Arbitrary Exercise of Discretionary Power: The jury observes, with
    concern, an arbitrary exercise of the discretionary power vested in
    the police and the prosecuting agencies. In many instances, the
    police have refused to register FIRs, have delayed registering FIRs by
    2-5 months, and dissuaded victim-survivors from registering FIRs and
    coerced them to omit the names of perpetrators and other details from
    the FIRs, particularly if they indicated the complicity of public
    officials or members of communal organizations. Victim-survivors were
    also shunted between various police stations for registration of FIRs
    in contexts where their safety was at risk.

    • Arrests: Many victim-survivors deposed before the jury that the
    perpetrators of heinous crimes had not been arrested, and were roaming
    freely and continuing to threaten, intimidate and humiliate them.
    Testimonies point to an inordinate delay in arresting the
    perpetrators, and a failure to arrest many more, contributing to an
    overall climate of impunity. Honest police officials who attempted to
    arrest perpetrators were threatened. Testimonies indicate that victim-
    survivors were often threatened with arrest under fabricated charges
    in order to silence them and deter them from pursuing justice.

    • Investigation & Prosecution: The deliberate destruction of evidence,
    particularly of killings, through the burning or disposal of bodies,
    has resulted in the absence of forensic evidence in many cases.
    Investigations were marked by a neglect of the basic requirements of
    gathering evidence, which severely impaired the efficacy of the
    prosecution. Delay in obtaining forensic evidence, failure in
    obtaining corroborative evidence and the rampant intimidation of
    victim-survivors and witnesses, have led to many acquittals.


    • Appreciation of Evidence by the Fast Track Courts: Upon perusal of
    judgments, affidavits and statements, the jury concludes that the
    judicial weighing of evidence failed to recognise the extraordinary
    context in which these mass crimes have been committed. Minor
    discrepancies in witness testimonies in court have been given undue
    weightage, leading to an alarmingly high number of acquittals.

    • Judgment and Sentencing: Studies indicate that lenient sentences
    have been awarded without an acknowledgment of the gravity of the
    crimes committed and their consequences, both in terms of heinous
    killings and assault, as well as rampant looting of movable property
    and destruction of immovable property belonging to the dalit and
    adivasi Christians. A fine of Rs. 2000 has been mechanically imposed,
    without any correlation with the value of property destroyed. Further
    there seems to have been little attempt to apply S. 357 of the Cr.PC
    which provides for an imposition of a higher amount of fine, which
    could be recovered and paid to victim-survivors as compensation.


    • Gaps in Indian Criminal Law: The jury observes that clear gaps exist
    in the criminal law to prosecute and punish those responsible for
    targeted mass violence. These include the absence of investigative
    procedures and evidentiary rules relating to mass crimes, such as
    punishing for murder even in the absence of the body of deceased. The
    protections guaranteed by law to public servants obstruct their
    accountability. Such gaps make dispensation of justice in contexts of
    mass violence extremely difficult.

    • Relevance of International Criminal Law: The testimonies shows that
    the Kandhamal violence meets all the elements of Crimes Against
    Humanity as defined in applicable international law. The jury has come
    across cases where victims were dismembered or burnt alive,
    constituting the crime of torture under jurisprudence of international
    courts and tribunals. (The International Criminal Court’s definition
    of torture in Article 7 does not require that torture be committed by
    public officials.) That a victim was forced to drink cow urine and
    shave his head amounts to cruel, inhuman and degrading treatment under
    the United Nations Convention Against Torture.

    E. Protection of Victims and Witnesses, Access to Justice & Fair Trial

    • Willingness to Testify in Court: Those who deposed before the
    Tribunal were keen, ready and willing to depose before the Fast Track
    courts. However, they face severe intimidation and threats. Despite
    the concerned authorities being informed, no steps have been taken to
    provide any protection to the witnesses and victim-survivors.

    • Hostile Atmosphere in Court: The atmosphere in the trial court (Fast
    Track courts) was described as hostile. The atmosphere was fearful as
    the accused were accompanied by a large number of persons representing
    the accused, and from communal forces. The atmosphere in court is not
    conducive to a fair trial. There has been no initiative taken, either
    by the Prosecutor or the court, to hold the proceedings in camera.


    • Absence of Safe Passage: Victims who have dared to lodge complaints
    & witnesses who have courageously given evidence in court are unable
    to return to their homes. There is no guarantee of safe passage to and
    from the courts. They are living in other cities and villages, many of
    them in hiding, as they apprehend danger to their lives.

    • Threat of Sexual Assault: Women victims and witnesses have received
    constant threats of sexual violence and rape to themselves and their
    daughters. Ironically most of the accused roam freely and live in
    their villages and homes.


    • Absence of Free Legal Aid: Since most of the victim-survivors are
    from underprivileged communities, there is a dire need for quality
    legal aid services at state expenses. None of those who deposed
    before us had been extended free legal aid services. Most victim-
    survivors have been supported in court through the initiatives of non-
    profit organizations. The failure of the state to provide free legal
    aid has contributed substantially to an absence of fair trial.

    F. Concerns Related to Children

    The most important finding related to children status in Kandhamal is
    sense of hopelessness, injustice discrimination and fear prevailing
    among children, threatening to severely impact their growth and
    development.
    • Mental Health: Children are in deep state of mental trauma. There
    has been no trauma counselling for the affected children and
    adolescents in Kandhamal. Even today they have night mares of running
    in the jungle, with the killers in pursuit, are scared of any loud
    sound and are afraid of people walking in groups or talking loudly.
    • Education: Large number of children has dropped out of school due to
    financial and social insecurity and many have them have gone out for
    work. Many of them had to discontinue their education due to
    discrimination meted out to them by the school authority and also in
    some cases by children in schools. Many children were forced to change
    school and many of them opted for residential schools out of the
    state. Post violence many dropped out due to the inability of the
    families to bear the expenses, fear, and also due to lack of
    facilities to commute to school.
    • Child Labour: Many children have left education and have gone to
    Kerala, Surat and neighbouring states. Even girls have gone to
    Udhagamandalam (Ooty) and working in coffee plantation. there is no
    data available with the district Labour Office regarding the present
    status of child labour in the state. Last child labour census in the
    district was done in 1997.
    • Child Trafficking: There are rise incidences of trafficking for
    children, mainly for labour, sexual exploitation and abuse. Though
    there are no consolidated data on number of children being trafficked
    post violence in the district, we have come across some instances.

    G. Reparations

    • Compensation: Compensation for loss of life, injuries and loss of /
    damage to property has been awarded in an extremely arbitrary manner.
    The amounts awarded are grossly inadequate and do permit victim-
    survivors to regain the standards of living enjoyed prior to the
    violence. The award of compensation does not recognize sexual assault
    or the extent of loss of house and movable property destruction, the
    exclusion of which has caused immense difficulties to victim-survivors
    and their families.

    • Relief and Humanitarian Assistance: From the testimonies of victim-
    survivors and reports, it is evident that the relief camps did not
    provide for basic facilities such as nutritious food, clean water and
    sanitation, or adequate security. There was a lack of trauma
    counselling, medical assistance and other forms of humanitarian
    assistance that ought to have been made available to all victim-
    survivors in the relief camps.


    • Safe Return or Resettlement: Many victim-survivors have been forced
    or duped into returning to their villages, where they have faced
    continuous threat, intimidation and fear of attacks if they did not
    repudiate their faith. Many victim-survivors and their families
    continue to live on the outskirts of their villages, without any
    source of livelihood. The state and district authorities have taken
    no proactive measures at creating an atmosphere conducive for the safe
    return of victim-survivors to their villages. By failing to recognize
    the right of all victim-survivors and their families to a safe return
    to their villages or resettlement at state expense, the state has
    grossly violated the UN Guiding Principles on Internal Displacement
    1998.

    • Reconstruction of Houses and Places of Worship: Some victim-
    survivors have been provided inadequate compensation for rebuilding
    their houses and many excluded from an award of compensation
    altogether. A majority of places of religious worship that had been
    damaged or destroyed during the violence, have not been re-built. The
    amounts awarded as compensation to some are grossly inadequate for re-
    building such structures, while many others have been denied
    compensation altogether on technical grounds. The jury strongly
    believes that reconstruction of houses and places of worship at state
    expense would restore a sense of confidence and justice among the
    victim-survivors and their families, and restore them to a life with
    dignity.


    • Livelihood and Education: Many educational institutions that had
    been damaged or destroyed during the violence are yet to be rebuilt,
    thereby depriving children from victim-survivor communities of their
    right to education, jeopardizing their future opportunities and
    causing a generational setback for emerging deprived dalit
    communities. Many victim-survivors who lost their source of
    livelihood, including agricultural land and government jobs, due to
    the mass displacement that took place, have received no assistance
    from the state for a restoration of the same. Many testimonies
    presented before the jury highlighted the fact that victim-survivors
    have been illegally deprived of employment under the National Rural
    Employment Guarantee Act subsequent to the violence.

    • Peace-building: Although village level peace committees had been set
    up, the testimonies before the jury as well as studies and reports
    indicate that such committees have not enjoyed the confidence of the
    victim-survivors and have been used as a platform for further
    intimidation. Notably, there has been no involvement of women in
    peace-building and negotiating processes, which violates standards set
    by international law, particularly UN Security Council Resolution
    1325.

    H. Human Rights Defenders

    Non-profit organizations and human rights defenders have been targeted
    for their role in assisting victims with aid, relief, rehabilitation
    and process of justice. Victim-survivors have testified with regard to
    the destruction of personal and official property, attacks and damage
    to the offices of such organizations. These are contrary to the
    United Nations Declaration on Human Rights Defenders that calls upon
    the State to protect Human Rights Defenders and their work.


    RECOMMENDATIONS

    • Enquiry into and suspension of police and administrative officials
    responsible for grave dereliction of duty.

    • Proactive prevention of programmes planned by Hindutva forces that
    are divisive and propagate hate such as kalash yatra, Shraddhanjali
    sabhas (memorial meetings) and dharnas by Hindu religious leaders of
    Orissa held to perform rituals to eliminate the ‘enemies of Hindus.’

    • Sections 153 A and B of the Indian Penal Code be strictly enforced.

    • National Legal Services Authorities at both State and Central level
    to set up legal cell to assist victims to register FIRs where they
    were not registered or inaccurately registered, re-open closed cases,
    and transfer pending cases to outside the Kandhamal jurisdiction.

    • A Special Investigation Team (SIT) be constituted to re-examine the
    already registered FIRs for accuracy, examine registrations of fresh
    FIRs, the trials that resulted in acquittals due to intimidation and/
    or lack of evidence and recommend the trials that need to be
    transferred or fresh trial conducted outside Kandhamal;

    • Proactively identify cases of sexual assault has been grossly
    underreported due to fear and intimidation; and recognize and charge
    sexual assault in FIRs where they have not been so recognized.

    • Appoint Special Public Prosecutors who enjoy the confidence of the
    affected community.

    • State must provide protection to victims and witnesses before,
    during and after the trial process according to the guidelines
    provided in the recent judgment of the Delhi High Court.

    • Endorse the recommendations of the National Advisory Council of
    drafting a new bill on mass crimes against impunity and secure
    accountability for mass crimes. The draft be in accordance with the
    emerging international standards of individual criminal accountability
    for mass crimes as set in the statute of the International Criminal
    Court and jurisprudence of international courts and tribunals.

    • Both the State and Central government adopt at the very minimum the
    Gujarat compensation package to enhance the compensation already
    announced. In addition, victims of sexual assault be included as a
    ground eligible for compensation and employment. , Compensation for
    loss of livelihood

    • All mechanisms set up to improve the criminal justice response,
    provide reparations, including compensation and rehabilitation be
    based on human rights indicators and standards that recognises the
    fact that even after two years thousands continue to be displaced.

    • State make all effort to provide medical and psychological,
    particularly trauma counselling to the victims/ survivors,
    particularly the women and children.

    • The specific educational needs of the children who have suffered
    displacement as a result of the violence be address with measures such
    as bridge school under the Sarva siksha Abhiyan, Kasturba Balika
    Vidhyalaya for SCs and STs girls; and residential ashram schools.

    • The livelihood schemes of the state and central government be
    particularly provided to the affected community including M G Narega
    and special thrust be given for the affected youth in the PM’s skill
    training mission.

    • The special component plan for the SC and the tribal sub-plan for
    STs should given priority focus to the schemes directed at the
    affected community. Dalit Christians to be provided all non-statutory
    benefits available to schedule castes.

    • All training centres both of administrative and police to focus on
    education and awareness about rights, secularism and constitutional
    guarantees to minorities.

    • Restitution and Rehabilitation to follow the international standards
    set in paragraphs 16-18 and 25-29 of the UN Guiding Principles on
    Internal Displacement and paragraphs 52 to 68 of the UN Basic
    Principles and Guidelines on Development based Evictions and
    Displacement, 2007.

    • The State should recognize the Internally Displaced Persons’ right
    to return to their homes and create all possible enabling conditions
    to facilitate such safe return in accordance with the above standards.

    • Review The Orissa Freedom of Religion Act 1967 given the failure of
    the state machinery to prevent the violence and protect lives and
    properties of the people.

    • Designate the affected areas as communally sensitive, appoint
    officers with professional integrity and sensitivity to the overall
    communal context and be alert to any early warning signs and develop
    appropriate response mechanisms to halt the brewing of hate
    mobilization and religious and caste-based discriminative activities.

    • Given the fact that human rights violations continue to take place
    as outlined in this report, the NHRC should take immediate steps to
    initiate an investigation into the incidences of violence.

    • The National Commission on protection of Children Rights should
    investigate the need for children of the affected community to receive
    trauma counselling, to respect and promote their right to education
    and nutrition, take specific steps to prevent child labour and child
    trafficking. Appropriate agencies at the central and state levels need
    to respond to these issues.

    • All efforts by the central and state government to improve the
    situation in Kandhamal must comply with the provisions of
    international human rights instruments that India has signed and
    ratified including CERD, CAT, CEDAW, CESCR, CRC, , UNPCR, UNDHR.

    • Confidence-building and peace-building initiatives by the state and
    district administration should have the participation of members of
    the affected community, particularly women.

    • The state and district administration should, with immediate effect,
    implement the recommendations of the National Commission for
    Minorities, issued in their reports of January, April and September
    2008


    Justice A.P. Shah, Former Chief Justice, Delhi High Court
    Harsh Mander, Member National Advisory Council
    Mahesh Bhatt, Film maker and activist
    P. S. Krishnan, Former Secretary, Government of India
    Miloon Kothari, Former UN Special Rapporteur on Right to Housing
    Admiral Vishnu Bhagwat, Former Chief of Naval Staff
    Syeeda Hameed, Member, Planning Commission
    Vahida Nainar, Expert International law
    Sukumar Muralidharan, Free lance journalist
    Vinod Raina, Scientist and Social Activist, Right to Education
    Ruth Manorama, Dalit & women’s rights Activist
    Vrinda Grover Advocate t
    Rabi Das Senior Journalist, Bhubaneswar


    Regards

    Mahender Kumar ( Jeblin )

    Social Activist

    +91 9810625008

    http://in.groups.yahoo.com/group/i-hrgc/

    http://msjeblin.co.tv/

    http://www.ihrgc.co.tv/

    http://ihrgc.withme.us
    Regards
    Mahender Kumar ( Jeblin )
    Social and Human Rights Activist
    +91 9810625008
    Email: protectorofhumanrights@yahoo.com
    http://www.ihrgc.co.tv/
    http://ihrgc.withme.us (welcome comments &feedback)
    http://msjeblin.withme.us
    http://unitedhuman.your-talk.com
    http://capstoneministries.withme.us
    http://unitedhuman.findtalk.biz
    http://msjeblin.co.tv/
    http://indianyouthjusticearmy.ning.com/
    http://worldyouthjusticearmy.ning.com/
    http://humanrightsgrievancecommission.ning.

      Current date/time is Tue Apr 24, 2018 4:16 am