Background

The Damkondawahi Bachao Sangharsh Samiti is a protest movement led by Madia-Gond Adivasis — a people recognised by the Indian government as a Particularly Vulnerable Tribal Group (PVTG). The protest movement advocates against corporate mining in the Etapalli Subdivision of the Gadchiroli District. In 2007, Lloyds Metals and Energy Private Limited (LMEL) was given clearance to begin iron ore mining in an area of over 348.09 hectares of land in the village of Surjagarh in Gadchiroli.

This decision was taken reportedly without any public consultation with the local community, namely the gram sabhas (village councils), as is mandated by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 and the Panchayat Extension to Scheduled Areas (PESA) Act 1996. On March 10, 2023, LMEL was granted environmental clearance to expand its excavation from 3 to 10 million metric tonnes per annum. The area being excavated by LMEL for iron ore mining encroaches on lands granted to Adivasis as part of their community forest rights under the Forest Rights Act 2006.

On the next day, March 11, 2023, Adivasi communities from over seventy villages, most of whom belong to the Madia-Gond community, came together under the collective Damkondawahi Bachao Sangharsh Samiti to oppose the iron ore mining by LEML, which has posed an existential threat to their lands, livelihood, culture and environment. Despite their ongoing protest, in June 2023, six new mines, spanning 4,684 hectares, were leased to five companies —Omsairam Steels and Alloys Private Limited, JSW Steels Limited, Sunflag Iron and Steel Company Limited, Universal Industrial Equipment and Technical Services Private Limited, and Natural Resources Energy Private Limited. If allowed to operate, these mines could potentially displace at least 40,900 people.

Thereafter,  ob November 20, 2023, a large police contingent arrived at the protest site in Todgatta and unleashed a violent crackdown on the peaceful protestors.

The police reportedly singled out the leaders of the protest movement and forcefully searched their belongings. Eight human rights defenders and leaders of the protest, namely Mangesh Naroti, Pradeep Hedo, Sai Kawdo, Gillu Kawdo, Laxman Jetti, Mahadu Kawdo, Nikesh Naroti, and Ganesh Korea, were forcibly taken away by the police in a helicopter and their phones seized.

The police also, as per local reports, vandalised small huts and shelters at the protest site. Videos emerging from the incident reveal the police lathi-charging protestors and reprimanding those who attempted to document police action. Several protestors sustained serious injuries due to police violence.

Twenty-one protesters, including human rights defenders and community leaders, are currently imprisoned, accused of various offences including rioting, criminal conspiracy, assaulting a public servant during discharge of their duty, wrongful restraint, and unlawful assembly.

Significantly, the First Information Report (FIR) 0074/23 against the human rights defenders was registered on 21 November 21, 2023 which means that the human rights defenders were illegally detained without formal charges for almost an entire day, and their whereabouts were unknown to their family members. Those arrested are currently being held in Chandrapur Jail and have been remanded to judicial custody where they are to be held until December 5, 2023.

The crackdown took place a few weeks after the human rights defender and lawyer Lalsu Nogoti provided a video statement at the 54th Session of the United Nations Human Rights Commission and spoke about the struggles and demands of Madia-Gond Adivasis and other traditional forest dwelling communities.

As a member of the Madia-Gond Adivasi community himself, Lalsu Nogoti has been vocal about the attacks faced by indigenous populations through the colluding forces of corporatisation, militarization and state repression. On the day of the attacks, Nogoti and other human rights defenders participated in a public discussion on the issues faced by communities organised by the Forum Against Corporatisation and Militarization (FACAM) in New Delhi.

The police claimed that protesters had disrupted the inauguration of a new police station in Wangeturi village and had violently attacked police officials. They also alleged that the protests are a means to advance Maoist agendas and requested that the arrested human rights defenders be placed in police custody for interrogation.

Targeting peaceful indigenous movements on the basis of fabricated Maoist conspiracies is part of a wider trend by Indian authorities which seeks to criminalize these communities and undermine their calls for human rights—a pattern that has also been observed by the Indian Ministry of Tribal Affairs in their high-level committee report.

Front Line Defenders has previously also raised concerns over the criminalization and legal persecution of indigenous movements in Odisha, Madhya Pradesh, and Jharkhand.

Protest movements such as the Damkondawahi Bachao Sangharsh Samiti embody the struggles of India’s Adivasi communities who have been consistently marginalized, persecuted and denied access to their constitutionally guaranteed rights.

The Madia-Gond Adivasis are inextricably tied to their lands and forests, which not only serve as their source of livelihood but also encompass their traditional, cultural and spiritual beliefs and practices. Corporate mining in the region has severely impacted the community’s access to their lands and forests. Moreover, the pollution this has given rise to has led to several debilitating health issues within of the community.  W

Front Line Defenders has urged the authorities in India to cease the targeting of human rights defenders associated with the Damkondawahi Bachao Sangharsh Samiti and to uphold India’s commitments to recognise the rights of indigenous populations as per international law.

Related:

Does opposing mines & protecting our forests mean we support “Maoists”, Adivasis protest mining in Gadchiroli

8 anti-mining activists allege brute lathi charge, agitators detained in Gadchiroli for “stopping cops from duty”

The post Police crackdown and arrest of human rights defenders protesting against corporate mining in Gadchiroli, Maharashtra condemned appeared first on SabrangIndia.

As many as nine human rights activists were accused of “disrupting peace” on October 29, 2021, days after joining a protest condemning illegal mining in Surjagad region of Gadchiroli, Maharashtra.

The district’s local Adivasi communities have been fiercely opposing the 25 government-sanctioned mines in the area. They say mining licenses are illegal because the affected gram sabhas never gave permission for the same. As per sections of the Forest Rights Act 2006 and environmental clearance criteria, any infrastructure or development project must be approved by the communities living in or around the concerned site area.

To assert their rights, nearly 4,000 protesters gathered on October 25, to observe a peaceful morcha that ended at Etapalli. However, days later, a police force with nearly 300 personnel strength arrived at the protest site at 5:45 AM and detained Sainu Gota, Sheela Gota, Ramdas Jarate, Jaishree Velda, Nitin Pada and Amol Marakwar.

The activists were taken to Aheri police camp where they were charged under various IPC charges and section 2 of the Epidemics Act. Four more activists Lalsu Nagoti, Prajwal Namulwar, Premila Kulyami were charged in this FIR. All these people are Human Rights Defenders (HRDs), some of whom hold public office in the Zilla Parishad and Panchayat. Marakwar is also the Communist Party of India (Marxist) District Secretary.

As per media reports, Superintendent of Police Ankit Goyal said that the protests took place despite the Section 144 order of Etapalli’s sub-divisional magistrate. Further, as many as 100 unnamed individuals were charged for the IPC charges.

Despite getting bail by 5:30 PM, they were not released until 9:15 PM. During this time, Inspector Patil confiscated Jarate’s and Velda’s phone and later denied doing so even though the belongings were found in the same police station and returned a few days after. Since then, the activists voiced their fear of being charged and implicated in false cases based on evidence that may be planted in their phones.

Reacting to this, authorities like the Human Rights Defenders – Alert said, “The confiscation of the mobile phones of the two HRDs without a warrant is blatantly illegal. Moreover, the disappearance of the phones and subsequent denial by the police official of having confiscated the phones raises several grave questions to the intent of the official as well.” It also questioned the legitimacy of the FIR saying, “The imposition of section 144 against a peaceful sit-in protest is misuse of the powers provided under it.”

The organisation called the disruption of peace charges an overreach intended to target local leaders protesting illegal mining and land acquisition. Other HRDs like Panchayat Samiti Chairman Goi Kodape, and Deputy Chairman Sukhram Madavi have also been issued notices under the same FIR.

HRD Alert demanded that police officials guilty of misuse of law, arbitrary detention, and arrest under fabricated charges, be held accountable and penalised, and that the fake cases be quashed. Particularly Inspector Patil must face an enquiry for confiscating phones of the HRD couple.

“Procedures laid down under the DK Basu guidelines were flouted. The detention and arrest are in contravention to the UN declarations and amounts to a direct attack on the fundamental rights to freedom of speech and expression and to peacefully assemble guaranteed in Article 19 of the Indian constitution,” said Working Secretary Henri Tiphagne.

Related:

Provide medical facilities, grant parole: Committee for the Defence and Release of Dr. G N Saibaba

Report of PP need not be served upon accused when seeking extension of detention: Bom HC

Maharashtra Adivasis still left in the dark!

The post Maharashtra: Nine activists arrested for protesting mining activity appeared first on SabrangIndia.

1.    Initiate a proper and speedy investigation on the murder and immediate arrest of the culprits, thereby ensuring the due process in the investigation and to avoid impunity.
2.    Immediate deployment of Police force in the community for the protection and security to other leaders and his family members who are also threatened and fired after Suresh Oraon’s killing.
3.    Guarantee access to justice and reparation to the wife and children of Mr. Suresh by providing a compensation amount of at least 20 lakhs and a job in order to fulfill her and their children’s right to food and nutrition.
   
Who is Suresh Oraon
Sureh Oraon, a young tribal leader in Kusm Tola was murdered in coldblood on June 7. He was shot at 10 am by four unidentified men armed with weapons in the outskirt of the village. Sureh Oraon, along with other youth initiated the local struggle committee ‘Gramin Sangharsh Samiti’ (GSS) in 2010. GSS was protesting against the mining operations of the Central Coalfields Limited (CCL)which started in 2009. Due to the activities of CCL, land was taken away from the communities, their means of survival was threatened, environment was polluted and the community was exposed to displacement from their lands.

Suresh and the members of GSS have been putting tremendous efforts in educating the community on their rights, especially under the Rehabilitation & Resettlement Policy, mobilising the community and leading them to organise and take part in demonstrations, negotiations, filing of the PIL and Memorandums to the State. As a result, some of the community members were able to get jobs against the acquired land as per the Rehabilitation & Resettlement Policy. However, the resettlement terms and conditions offered by the CCL have not been accepted by GSS and negotiation was still ongoing.

Suresh Oraon was charged with criminal acts when he filed a PIL in Ranchi High Court against blasting in Kusum Tola and Henjda. Suresh and 8 other men from Kusum Tola were arrested and were under imprisonment for 6 months. The court found them innocent and acquitted them. The case was closed formally in 2017.  

Last year, under Suresh’s leadership, the community organised a mass strike, demanding adequate compensation and resettlement in Dembua –with constructed houses and basic services like water, health facilities, school etc as per Rehabilitation & Resettlement Policy.  Since then, Suresh and some young leaders have started to get threats by some ‘unknown’ sources. However, they did not stop fighting for their survival and were in constant dialogues with the CCL officials, pressurizing them to fulfill their demands as per the promise made.  

FIAN India condemns the brutal murder of Suresh Oraon who was a human rights defender. His death is not only a tragedy; it is also a huge loss to the community but to our nation as a whole. With due regards to the rights for every person and obligations for the state authorities arising from the Constitution of India, FIAN India has demanded an independent probe.

The post Speedy Investigation into Killing of Anti-Mining Activist demanded: Jharkhand appeared first on SabrangIndia.

Below is a Draft Appeal that could be sent to all authorities. Addresses of local authorities are also given below:

 
 
 
MODEL APPEAL
 (Your Organisation/Individual Letterhead)
 
 
Date:
 
Address:
 
 
Sir/Madam,
 
(A line of introducing yourself / your organisation)
 
We are writing to express our grave concern regarding Mr. Ravindra Velip, an anti-mining activist and human rights defender from Cauvrem-Pirla village in Quepemtaluka who was blind folded and beaten up mercilessly by inmates in judicial custody inside Sada sub-jail in Goa. The incident happened on March 23, 2016, after Mr.RavindraVelip and his colleagues were arrested for participating in an anti-mining protest in Cauvrem village of South Goa where they were opposing transportation of illegal iron ore.
Source of Information on the Incident:
Media Reports 
The Human Rights Defender: 

Mr. Ravindra Velip hails from a tribal community and is a resident of Cauvrem-Pirlavillagein Quepemtaluka, South Goa. He is an anti-illegal mining activist associated with the non-governmental organisation known as ‘Goa Foundation’ whose petition in the Supreme Court resulted in a two-and-a-half-year ban on mining in the state. Mr. RavindraVelip has been consistently working to expose the illegalities of mining lease holders in Cauvrem. It was due to the efforts of his group that the authorities could locate lakhs of tonnes of iron ore illegally extracted and hidden in artificial mountains under layers of mud, after the closure of mining was announced by the State Government. Mr. RavindraVelipwas instrumental in revealing the information to the mining directorate that the excess amounts of iron ore discovered by his group with the help of villagers were being systematically removed under the garb of e-auction. The situation has been turning grim due to the unmonitored movement of mineral ore in the mining belt amid claims of the government that it lacks manpower and resources to prevent illegal mining and monitor movement of trucks.
 
The Perpetrators:
Jail authorities,
a mining firm and
A BJP MLA masterminding the assault
Goa Mining Lobby 
Date of Incident:
March 23, 2016
Place of Incident:
Sada sub-jail
Incident detail:

According to sources on March 22, 2016, Mr.RavindraVelip was arrested along with four others for participating in an anti-mining protest in Cauvrem village of South Goa. Their arrests were made under Sections 143 (unlawful assembly) and 341 (wrongful restraint) for blocking transportation of iron ore e-auctioned by the state government to a private trading company. They were remanded to judicial custody in Sada sub-jail.
 
Around 9 PM on Thursday March 23, 2016, when he was getting ready to move out of the Sub-Jail facility after securing bail, suddenly someone from back blindfolded him and began hitting him. He was beaten up with boots and fists. He was lifted and thrown from a height due to which hesuffered multiple fractures on his arms and suffered internal injuries. Mr. Ravindra was taken to the Goa Medical College and got medical treatment.
 
Anti-mining activist Mr.RavindraVelipalong with his colleagues were protesting mining operations in Cauvrem village of South Goa. They were arrested after they questioned the veracity of the iron ore consignment passing through their village. The villagers of Cauvrem are protesting against transportation of iron ore by a mining firm through their village road. The iron ore export in Goa has begun after Supreme Court lifted the ban imposed on the mining activity.
Anti-mining activists of Goa alleged that “a mining firm, a ruling BJP legislator and jail authorities were behind the attack. They filed a complaint with State Chief secretary against the jail authorities on Friday the March 25, 2016, and urged that the government should initiate proper inquiry into the incident and demanded that guilty should be punished.
 
Appeal:
We, therefore urge you to immediately take necessary steps to ensure that the concerned authorities in Goa:
Order an immediate, thorough, transparent, effective and impartial investigation into the above-mentioned physical assault made on the anti- mining activist and human rights defender Mr. RavindraVelip;
Ensure complete medical check-up of human rights defender Mr. RavindraVelip totally at state cost in the best medical facility available in the state to ensure that he is not suffering from any internal medical  ailments;
Take immediate action on the perpetrators by arresting them and using all provisions of law to ensure that the defender is not harassed or attacked in future and provide a re-assurance of not engaging in such acts against HRDs;

Guarantee in all circumstances the physical and psychological integrity of human rights defender Mr. RavindraVelip and his family members from further reprisals from the perpetrators; 
Ensure provision of reparation, compensation, apology to the human rights defender for the physical and psychological sufferings he has undergone and also ensure to compensate Mr. RavindraVelipfor his medical expenses incurred during his treatment and give this assurance to the NHRC of India in writing immediately and urgently;

Put an end to all acts of attack and harassment against all human rights defenders in the State of Goa to ensure that in all circumstances they carry out their activities without any hindrances;
Takes steps to conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially: 

Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels;
Article 12.2, which provides that “"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 of the rights referred to in the present Declaration”;

Recommend urgently and speedily during the pendency of this complaint the SHRC in Goa to also take necessary steps to establish a state focal point for HRDs in order to ensure that HRDs have a new protection mechanism in their own state;

Recommends urgently and speedily during the pendency of this complaint, the NHRC to convene a meeting of all state human rights institutions in the state [the SHRC, the SCW, the SCPCR, the SCM, the SIC, State Commissioner for PWDs, etc.] to ensure that a coordinated strategy is developed within the State of Goa for the protection of the rights of human rights defenders; 
Recommend urgently and speedily during the pendency of this complaint the State Government of Goa in collaboration with the NHRC Focal Point on HRDs and the SHRC Goa to provide sensitization training to law enforcement and security forces on the role and activities of human rights defenders as a matter of priority, with technical advice and assistance from relevant United Nations entities, NGOs and other partners;
Recommend urgently and speedily during the pendency of this complaint, the State Government of Goa in collaboration with the SHRC Goa to publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who, “individually and in association with others, … promote[s] and … strive[s] for the protection and realization of human rights and fundamental freedoms at the national and international levels” (art.1 of the Declaration on Human Rights Defenders);

More generally, ensures in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by India is strictly adhered to in the state of Goa. 
 
 
ADDRESS
 
Shri A. K. Parashar
National Focal Point – Human Rights Defenders & Joint Registrar
National Human Rights Commission
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023
Email: hrd-nhrc@nic.in
 
Justice (Retd.) H L Dattu,                                    
Chairperson,
National Human Rights Commission,
Manav Adhikar Bhawan,
Block-C, GPO Complex,
INA, New Delhi – 110 023
    
Email: chairnhrc@nic.in

Special Rapporteur on the rights to freedom of
peaceful assembly and of association
                                    
Mr. Maina Kiai                                                                                             
Palais des NationsCH-1211 Geneva 10Switzerland                             
Fax: + 41 22 917 9006
            
Email: freeassembly@ohchr.org info@freeassembly.net

Working Group on the issue of human rights and transnational corporations and other business enterprises

c/o Office of the High Commissioner for Human Rights United Nations Office at Geneva                                                                                   
8-14, avenue de la Paix
1211 Geneva 10, Switzerland e-mail: wg-business@ohchr.org
 
Mr. Ajit Kumar

Ambassador and Permanent Representative of India to the United Nations
Office and other International Organizations in GenevaTel:
+41-22-731 28 54Fax: +41-22-906 86 96                                                   
E-mail: pr.genevapmi@mea.gov.in mission.india@ties.itu.
 
GOA HUMAN RIGHTS COMMISSION
Old Directorate of Education Building,
1st floor, 18 thJune Road,
Panaji, Goa-403001                
Email: sect-ghrc@nic.in
 
Shri R.K. Srivastava IAS                                                                                   
Chief Secretary Government of Goa                                     
Email : cs-goa@nic.in
 
Shri T.N. Mohan IPS                                                                                           
Director General of Police – Goa Near Azad Maidan,

Panaji – Goa.
Email :dgpgoa@goapolice.gov.in
Superintendent of Police – Goa South                                                         
Near Azad Maidan,
Panaji – Goa.
Email :sps-pol.goa@nic.in
Shri SachinShinde IAS                                                              

Collector & District Magistrate – South Goa Email :cols.goa@nic.in
 
 

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