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1)
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Government Eviction Order
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a)
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The Ministry of Environment
and Forests has issued an order on 03.05.2002 to summarily
evict "all illegal encroachments of forest lands in various
states/UTs" before 30 September 2002. If implemented
this means that hundreds and thousands of Indigenous and Tribal
Peoples would be directly affected/displaced threatening their
very existence.
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b)
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The Ministry of Tribal Affairs
has appointed a new Commission on Scheduled Areas and Scheduled
Tribes on 18 July 2002 with Shri Dileep Singh Bhuria as the
Chairperson under Article 339(1) of the Constitution. The
first Scheduled Areas and Scheduled Tribes Commission was
constituted in 1960 with Shri. U.N Dhebar as the Chairperson.
The first commission report featured the problems and condition
of Scheduled Tribes prior to independence, a review of programmes,
policies, administrative structures at the state and central
level. The report also gave several recommendations after
a thorough review of the programme and policies for the all
round development of STs and Tribal Areas. The new Commission
now constituted will review all the tribal development policies
and programmes, keeping in view the mandate under Article
46 of the Constitution and the social, political, economic
and administrative changes that have taken place since the
first Commission's report was submitted. The order is attached.
Indigenous and Tribal organisations should firmly and decisively
intervene in this process. Please note the Commission has
to submit their report within one year.
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Please circulate this information
to Indigenous peoples' movements.
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Latest news: the eviction order is being
challenged in the Supreme Court of India and its consideration
has so far been delayed – meanwhile in some states (like Assam)
the implementation of the order has already begun, while in
other states the local government authorities await the decision
of the Supreme Court.
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2)
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Forced
Eviction of Indigenous Peoples in Assam (North East India)
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FPP has received news from
the Indian Confederation of Indigenous and Tribal Peoples
North East that:
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Since May 2002 the Government
of Assam has launched a massive eviction drive against the
Indigenous Peoples in various parts of Assam including Sonitpur,
Sibsagar, Lakhimpur, Kamrup, Barpeta and Bongaigaon Districts;
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The Forest Department of
the Assam Government used brute force like Elephants and Bulldozers
to carry out these inhumane evictions.
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The eviction was so cruel
and ruthless that 3 persons died in the vicinity Uwahati city
and 5 persons in Sonitpur district.
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Due to these forced evictions
in Sonitpur district the homeless families are now living
in the open without any relief and with no rehabilitation
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The Assam government has
plans to further deploy the Battalion of Assam Forest Protection
Force and the Assam Police to evict more forest communities
and suppress any opposition from mass organisations and organised
ethnic groups.
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The Indian Confederation
of Indigenous and Tribal Peoples North East appeals to the
world community to support the Indigenous Peoples of Assam
in their struggle against unjust oppression and violation
of their human rights.
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For more detailed background
information:
contact Jebra Ram Muchahary at the Indian Confederation of
Indigenous and Tribal Peoples North East Zone(ICITP-NEZ),
P.O Bijni, Dist: Bongaigaon, Assam, India
Phone: 0091-3664-284004 Email: jebrabodo@rediffmail.com [and]
jebrabodo@hotmail.com
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3)
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Model
Letter
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TO:
Name:
Address
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December
2002
Dear
XXXXXX,
Re: Brutal and unjust Eviction of Indigenous
and Tribal Peoples of Assam from their Traditional Lands
We are deeply disturbed and concerned to learn that
in May 2002 the Ministry of the Environment in India issued
an eviction which calls for the summary removal of "all
illegal encroachment of forest lands in various States/Union
Territories". This unjust country-wide eviction is a
gross violation of the Constitution of India and violates
the human rights of Indigenous and Tribal Peoples traditionally
living in and from forest lands and forest resources. The
eviction order is also seriously flawed as it completely disregards
the framework for the resolution of disputes related to forest
land between tribal people and the State worked out in 1990
by the Union Government.
We are especially shocked by news of violent displacement
of indigenous and tribal communities in Assam state. We therefore
write in support of the demands of the Indigenous and Tribal
Peoples of Assam, who in recent months have suffered systematic
forced evictions from their forests. These violent evictions
have involved the demolition of dwellings by government forces
using bulldozers and elephants. According to the information
we have received, the said evictions have caused injuries
to local people and have in some cases resulted in the deaths
of the victims. In view of these alleged atrocities and gross
abuses of human rights, we support the Indian Confederation
of Indigenous and Tribal Peoples North East in their demands
to the national and state government to:
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Recognise the rights of
Indigenous and Tribal Peoples of Assam and in other states
in India to own, control and manage their traditional lands
on so-called "forest land" where indigenous and
tribal communities have lived for decades and generations;
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Guarantee and respect the
rights of Indigenous and Tribal communities to permanently
settle their traditional land in forest areas;
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Ensure all families that
were forcibly relocated in Assam are given adequate compensation
for their suffering and that those families whose next of
kin and loved ones were killed in the brutal evictions are
awarded ex gratia grants;
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Allow people to return to
their rightful communities, restitute their lands and reconstruct
the houses, school buildings, temples and other institutions
that were demolished during the eviction.
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Include the names of individuals
and families of Indigenous and Tribal Peoples living on the
so-called forest land in the National Census and the Voter-list
as they are bonafide citizens of the country.
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Take action to ensure that
so-called "forest villages" are fully recognised
as legitimate settlements with the full status and privileges
of Revenue villages.
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More generally, we call on the Indian government
and the judiciary in India to:
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Repeal and annul the May
2002 Eviction order issued by the Ministry of Environment
and Forests on 3, May 2002;
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Uphold and protect the rights
of indigenous and tribal peoples in accordance with the Indian
Constitution and international human rights standards;
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Take concrete measures to
recognise and respect rights of indigenous and tribal communities
and other forest dependent communities in India to own, manage
and control their traditional lands;
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Ensure the fair and just
resolution of all outstanding land claims and secure land
tenure for local families and communities on forest lands;
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We hope that this grave situation will be
dealt with promptly, and look forward to hearing how you plan
to address it.
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Yours
sincerely,
xxxxxxxxx
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4)
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Names and fax Numbers
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Please send the letter to
the following individuals:
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If fax numbers do not work, please send protest
letters by surface mail to the address indicated
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Names, Address and Fax
Numbers of Head of the State and Ministers of India
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1.
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Dr.
A. P. J Kalam
His
Excellency, the President of India
Rastrapati
Bhawan
New
Delhi,
India.
Fax
: 0091 - 11 - 3017290, 3017824
Email
: pressecy @alpha.nic.in
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2.
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Shri
A. B. Bajpayee
His
Excellency the Prime Minister of India
South
Block-11,
7 Race
Cours Road
New
Delhi
India
Fax
: 0091-11- 3016857, 3019545, 3019334
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3.
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Shri Mon Mahan Joshi
Speaker
of Loksabha
Parliament
House and Parliament House Annexe
New
Delhi
India
Fax
: 0091-11-379276, 3015518
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4.
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Shri T. R. Balu
Minister
of Environment and Forest
Paryavaran
Bhawan
C.G.O
Complex, Lodhi Road
New
Delhi
India
Fax
: 0091- 11- 4360678
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5.
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Shri L.K. Advani
Home
Minister of India
North
Block
Jaisalmer
House
Loknayak
Bhawan
New
Delhi
India
Fax
: 0091-11- 3015750, 301773
Telex
: 0091-11- 3166724
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6.
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Mrs. Sonia Gandhi
President
of INC and the Leader of the Opposition
10 Janpath
New
Delhi
India
Fax
: 0091-11-3018651
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7.
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Shri Tarun Gogoi
The
Chief Minister Of Assam
Dispur,
Guwahati
Assam
Fax
: 0091-361- 2262069, Phone : 0091-361-2261112 ( R ) , 2262222
( O )
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