India
24.07.03
Urgent Interventions
India: forced eviction of 7000 Dalits
OMCT/HIC-HLRN
JOINT URGENT ACTION APPEAL:
Forced Eviction of 7,000 Dalits in India
Case IND-FE 240703
The International Secretariat of OMCT and the Coordination Office of HIC-HLRN request your URGENT intervention in the following situation in India.
The situation
The Asian Human Rights Commission (AHRC), a member of the OMCT network, has informed the International Secretariat of OMCT that, on 2 February 2003, a heavily armed Rapid Action Force of approximately 500 police officers evicted over 7,000 Dalits from their residences at Belilious Park, 129 Belilious Road, District Howrah, Calcutta, West Bengal.
It is reported that the evictions took place without adequate consideration of the inhabitants’ legal status of, and tenure claims to their residences, and without prior notice of the eviction, or information on a plan for compensation or resettlement.
According to the information received, in the morning hours of 2 February 2003, the approximately 500-strong Rapid Action Force, accompanied by ambulances, fire brigades and two or three bulldozers, forcibly entered the Dalit community in Belilious Park, demolishing hundreds of brick houses, a school building, temples and statues, and evicted over 700 families. It is reported that the Howrah Municipal Authority was acting under an order of the Calcutta Division Bench of High Court, calling for the removal of “trespassers” from Belilious Park. According to the reports, the Howrah municipality has launched a development and beautification scheme that includes extension of the park in favour of commercial interests.
The Dalits residing in the Belilious Park area were not trespassers, as alluded, but permanent residents. Indeed, the Dalit community reportedly had been living there for around 100 years, since Dalit workers, prohibited from renting in the upper-caste areas of the town, settled in the park. It is reported that residents of the community have produced supporting documents, such as identity cards, ration cards, service records, and birth and death certificates that the Howrah Municipal Authority had issued, specifying permanent addresses in 129 Belilious Park. However, the municipal authorities ignored these claims, and maintained that the residents were “trespassers.”
According to the information received, the evicted families are now living in the Belgachia garbage dump under horrendous condition. It is reported that the people are living on the open street with no shelter from the sun, no drinking water and no sanitary facilities. It is feared that the rainy season will further aggravate these conditions, and may cause an outbreak of disease. It is reported that four people already have died due to the living conditions at Belgachia.
Human rights, international law, and treaty violations
The eviction of the 7,000 Dalits, as well as their current living conditions, contravene, inter alia, the inhabitants’ right to water and to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The Indian authorities especially violate those citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements of the right to adequate housing as recognised in international law. Specifically, the authorities have breached their treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India accessed to on 19 July 1979. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the right to adequate housing, and General Comment No 15 on the right to water. India also has breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) that it ratified on 4 January 1969.
Action requested
Please write to the authorities in India urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the families who have been evicted and are living in dangerous conditions;
ii. guarantee the right to adequate housing of the Dalit community, with particular attention to the following elements: security of tenure, access to public and environmental goods and services, freedom from dispossession, an appropriate location, participation, compensation, and physical security, as recognized in the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of all Forms of Racial Discrimination, among others;
iii. discharge the State’s duty to respect, defend, promote and fulfil human rights and the fundamental freedoms throughout the country in accordance international human rights standards.
Addresses:
Mr. Ashok Bhattacharya, Minister-in-charge, Municipal Affairs & Urban Development Government of West Bengal, Kolkata, India; Fax: +91 (0)33 2214–5480, E-mail: micma@wb.gov.in
Mr. Gopal Mukherjee, Mayor, Howrah Municipal Corporation, Howrah, Fax: +91 (0)33 2660– 3214
**************
Geneva - Cairo, 24 July 2003
Kindly inform OMCT and HIC of any action undertaken quoting the code of this appeal in your reply to: omct@omct.org and mmignot@hic-mena.org
The joint urgent appeals of OMCT and HIC-HLRN are dedicated to the protection of the right to adequate housing.
**************
Sample letter
Date
Excellency,
We have been informed by OMCT and Habitat International Coalition-Housing and Land Rights Netowrk that, on 2 February 2003, a heavily equipped Rapid Action Force of approximately 500 police officers evicted over 7,000 Dalits from their homes at Belilious Park, 129 Belilious Road, District Howrah, Calcutta, West Bengal. We are very concerned about the condition and rights of these people.
The Howrah Municipal Authority apparently acted under an order of the Calcutta Division Bench of the High Court asking to remove trespassers from Belilious Park, but the evictions took place without adequate consideration of the Dalits’ legal status and tenure claims. The Dalits residing in Belilious Park were not trespassers, but permanent residents. Indeed, the Dalit community has been living there for around 100 years, since Dalit workers, prohibited from renting in the upper-caste areas of the town, settled in the park. Residents of the community have produced supporting documents, such as identity cards, ration card, service records, and birth and death certificates that had been issued by the Howrah Municipal Authority, and specify permanent addresses in 129 Belilious Park. However, the municipal authorities ignored these facts, and maintained that the residents were “trespassers.” We are concerned that the Dalits’ eviction actually could be related to the development and beautification scheme that the municipality has issued, including extension of the park for commercial purposes.
The evicted families are now living in the Belgachia garbage pitch under horrendous condition, on the open street with no shelter from the sun, no drinking water and no sanitary facilities. It is feared that the rainy season will further aggravate these conditions, and may cause an outbreak of disease. Four people already have died due to the living conditions at Belgachia. This situation is catastrophic, and we urge you to take all necessary measures to guarantee the physical and psychological integrity of the families who have been evicted and are living in dangerous conditions.
Moreover, the Municipality’s eviction of the 7,000 Dalits and their current living conditions contradict, inter alia, their right to water and to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The Indian authorities especially violate these citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements of the right to adequate housing as recognised in international law. In this case, however, Indian officials have breached the State’s treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India accessed to on 19 July 1979. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the right to adequate housing, and General Comment No. 15 on the right to water. India also has breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) that it ratified on 4 January 1969. Therefore, we urge you to respect the international legal standards, and to implement your obligations as a means toward a just and appropriate remedy.
Thanking you in advance for your attention to this matter, we look forward to hearing from your remedial response.
Respectfully,
[signed]
[Your name]
[Your organisation]
CC:
JOINT URGENT ACTION APPEAL:
Forced Eviction of 7,000 Dalits in India
Case IND-FE 240703
The International Secretariat of OMCT and the Coordination Office of HIC-HLRN request your URGENT intervention in the following situation in India.
The situation
The Asian Human Rights Commission (AHRC), a member of the OMCT network, has informed the International Secretariat of OMCT that, on 2 February 2003, a heavily armed Rapid Action Force of approximately 500 police officers evicted over 7,000 Dalits from their residences at Belilious Park, 129 Belilious Road, District Howrah, Calcutta, West Bengal.
It is reported that the evictions took place without adequate consideration of the inhabitants’ legal status of, and tenure claims to their residences, and without prior notice of the eviction, or information on a plan for compensation or resettlement.
According to the information received, in the morning hours of 2 February 2003, the approximately 500-strong Rapid Action Force, accompanied by ambulances, fire brigades and two or three bulldozers, forcibly entered the Dalit community in Belilious Park, demolishing hundreds of brick houses, a school building, temples and statues, and evicted over 700 families. It is reported that the Howrah Municipal Authority was acting under an order of the Calcutta Division Bench of High Court, calling for the removal of “trespassers” from Belilious Park. According to the reports, the Howrah municipality has launched a development and beautification scheme that includes extension of the park in favour of commercial interests.
The Dalits residing in the Belilious Park area were not trespassers, as alluded, but permanent residents. Indeed, the Dalit community reportedly had been living there for around 100 years, since Dalit workers, prohibited from renting in the upper-caste areas of the town, settled in the park. It is reported that residents of the community have produced supporting documents, such as identity cards, ration cards, service records, and birth and death certificates that the Howrah Municipal Authority had issued, specifying permanent addresses in 129 Belilious Park. However, the municipal authorities ignored these claims, and maintained that the residents were “trespassers.”
According to the information received, the evicted families are now living in the Belgachia garbage dump under horrendous condition. It is reported that the people are living on the open street with no shelter from the sun, no drinking water and no sanitary facilities. It is feared that the rainy season will further aggravate these conditions, and may cause an outbreak of disease. It is reported that four people already have died due to the living conditions at Belgachia.
Human rights, international law, and treaty violations
The eviction of the 7,000 Dalits, as well as their current living conditions, contravene, inter alia, the inhabitants’ right to water and to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The Indian authorities especially violate those citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements of the right to adequate housing as recognised in international law. Specifically, the authorities have breached their treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India accessed to on 19 July 1979. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the right to adequate housing, and General Comment No 15 on the right to water. India also has breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) that it ratified on 4 January 1969.
Action requested
Please write to the authorities in India urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the families who have been evicted and are living in dangerous conditions;
ii. guarantee the right to adequate housing of the Dalit community, with particular attention to the following elements: security of tenure, access to public and environmental goods and services, freedom from dispossession, an appropriate location, participation, compensation, and physical security, as recognized in the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of all Forms of Racial Discrimination, among others;
iii. discharge the State’s duty to respect, defend, promote and fulfil human rights and the fundamental freedoms throughout the country in accordance international human rights standards.
Addresses:
Mr. Ashok Bhattacharya, Minister-in-charge, Municipal Affairs & Urban Development Government of West Bengal, Kolkata, India; Fax: +91 (0)33 2214–5480, E-mail: micma@wb.gov.in
Mr. Gopal Mukherjee, Mayor, Howrah Municipal Corporation, Howrah, Fax: +91 (0)33 2660– 3214
**************
Geneva - Cairo, 24 July 2003
Kindly inform OMCT and HIC of any action undertaken quoting the code of this appeal in your reply to: omct@omct.org and mmignot@hic-mena.org
The joint urgent appeals of OMCT and HIC-HLRN are dedicated to the protection of the right to adequate housing.
**************
Sample letter
Date
Excellency,
We have been informed by OMCT and Habitat International Coalition-Housing and Land Rights Netowrk that, on 2 February 2003, a heavily equipped Rapid Action Force of approximately 500 police officers evicted over 7,000 Dalits from their homes at Belilious Park, 129 Belilious Road, District Howrah, Calcutta, West Bengal. We are very concerned about the condition and rights of these people.
The Howrah Municipal Authority apparently acted under an order of the Calcutta Division Bench of the High Court asking to remove trespassers from Belilious Park, but the evictions took place without adequate consideration of the Dalits’ legal status and tenure claims. The Dalits residing in Belilious Park were not trespassers, but permanent residents. Indeed, the Dalit community has been living there for around 100 years, since Dalit workers, prohibited from renting in the upper-caste areas of the town, settled in the park. Residents of the community have produced supporting documents, such as identity cards, ration card, service records, and birth and death certificates that had been issued by the Howrah Municipal Authority, and specify permanent addresses in 129 Belilious Park. However, the municipal authorities ignored these facts, and maintained that the residents were “trespassers.” We are concerned that the Dalits’ eviction actually could be related to the development and beautification scheme that the municipality has issued, including extension of the park for commercial purposes.
The evicted families are now living in the Belgachia garbage pitch under horrendous condition, on the open street with no shelter from the sun, no drinking water and no sanitary facilities. It is feared that the rainy season will further aggravate these conditions, and may cause an outbreak of disease. Four people already have died due to the living conditions at Belgachia. This situation is catastrophic, and we urge you to take all necessary measures to guarantee the physical and psychological integrity of the families who have been evicted and are living in dangerous conditions.
Moreover, the Municipality’s eviction of the 7,000 Dalits and their current living conditions contradict, inter alia, their right to water and to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The Indian authorities especially violate these citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements of the right to adequate housing as recognised in international law. In this case, however, Indian officials have breached the State’s treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India accessed to on 19 July 1979. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the right to adequate housing, and General Comment No. 15 on the right to water. India also has breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) that it ratified on 4 January 1969. Therefore, we urge you to respect the international legal standards, and to implement your obligations as a means toward a just and appropriate remedy.
Thanking you in advance for your attention to this matter, we look forward to hearing from your remedial response.
Respectfully,
[signed]
[Your name]
[Your organisation]
CC: