India: Urgent Appeals - Chakpi Hydroelectric Project

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-044-2012

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18 March 2013
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India: In Observance Of International Rivers Day, Tribes Protest The Chakpi Multipurpose Hydroelectric Project

ISSUES: Displacement; right to land; eminent domain; rights of Indigenous People; right to food; right to property; right to resources; minorities; redress; right to life; environment; ancestral land
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Dear friends:

The Asian Human Rights Commission has received information regarding peaceful rallies that took place on March 12, 2013, in observance of International Rivers Day, regarding opposition to the Chakpi Multipurpose Hydroelectric Project. The dam is proposed to be built over Chakpi River in Chandel District, Manipur in the Northeast of India near the Myanmar border. The project has negative social, economic, and political ramifications and violates the rights of indigenous people to their land.

CASE NARRATIVE:

On March 12, 2013, in observance of International Rivers Day, thousands of members of the Chakpikarong community in Manipur staged a mass rally to protest the Chakpi Multipurpose Hydroelectric Project, slated to be built over Chakpi River in Chandel District, Manipur. This assembly, following a meeting at the Chakpikarong sub-divisional headquarters, was the third of such rallies and was jointly hosted by the Committee against Construction of Chakpi Multi-purpose project, Partners Village Development Forum Chandel and the Chakpi Area Chief Association in Collaboration with International Rivers Network. Protestors marched from Chakpikarong community hall along the left bank of the river to the proposed dam site, then down the right bank, carrying banners with slogans such as: "Let Chakpi river flow free" and "We say no to Chakpi dam."

It is important that the citizens of Manipur demand that the government form a review committee to assess the proposal and investigate socio-economic, environmental, health, and cultural implications of the project. The Government of Manipur must form this committee to conduct a proper assessment of the villages affected. As an area of conflict, Manipur is known for mismanagement of finances, corruption, and lack of transparency, creating a culture of mistrust around government sanctioned projects, and questioning the capacity of displaced victims to obtain redress. Should the Government move forward with the project, they must also address issues of eviction, rehabilitation, and adequate compensation for tribal people of the region.

The rally at Chakpi Karong Bazaar drew a variety of participants including Mr. Jiten Yumnam, Co-Convenor, Committee on protection of Natural Resources; Mr. Chapa Huten Francis, member of Committee Against construction of Chakpi Multi-purpose project; Mr. St. Luckson, member Committee Against construction of Chakpi Multi-purpose project; Mr. Samir, Director, International Rivers Network South Asia; Ms. Aram Pamei, President, Naga Women Union Manipur and Dr. Ranjan, Convenor, Citizens Concerns for Dams and Development. The function was also attended by local village chiefs, church leaders, civil society leaders and students.

The goal of the rally was to voice concerns over the proposed damn construction. A joint statement released by leaders of the various organizations present indicates that the people desire free, prior and informed consent (FPIC) before any work is undertaken. The Indian government has yet to conduct geological investigations concerning the implications of the dam. The original investigation, survey and proposal were prepared without the knowledge or input of local tribes.

Manipur state is a center of violence and turmoil. The district of Chandel has seen a great deal of Naga insurgency over the past several decades. The enforcement of the Armed Forces (Special Powers) Act, 1958 in the state has caused government volatility and underdevelopment. The Act, which gives powers of arrest, entry without a warrant, and impunity (among others) fosters a culture of vague government powers and little means for the people to enforce observance of their rights. In an effort to develop the area, the Government of Manipur put forth the XIth Five Year plan in 2007. One of the provisions of the plan is to aggressively pursue a variety of infrastructure, power, agriculture/horticulture programs including the Chakpi Multipurpose Project. The projected cost for this project is INR 550 crs.

The people most directly affected by this project are the indigenous people of Chandel District. These indigenous scheduled tribes, among the smallest in India, include 800 Tarao, less than 3000 Moyon and Monsang, 10,000 Lamkang, and a total of 25,000 Anals. Displacement from their ancestral lands will risk losing the culture and heritage of these minorities. The proposed dam will submerge 3100 ha. and an additional 1000 ha. will be used for roads, workers communities, transmission lines, mining, dumping, and other activities associated with the project. The project will affect 65 villages in the catchment area, which covers 600 sq. kms.

The Government of Manipur has proposed to build the earth-filled Mega Dam across the Chakpi River 1.0 km upstream of Chakpikarong bazaar. The proposed height is 78m above the riverbed and the length will be 510m. The government has listed it as the 14th most important project being undertaken according to XIth Plan. The project is expected to bring 26,054 workers to the area. The influx of thousands of workers will make it difficult for locals to continue to earn their livelihood as they face loss of land and local identity as well as increased competition from outside labourers. Local organizations and NGO's believe that the project will affect 25,000 people both upstream and downstream of the site.

The UN Declaration on the Rights of Indigenous People, 2007, (UNDRIP) provides for freedom from displacement, protects rights to ancestral land, and calls for redress when displacement is necessary. In historical instances of government projects in the area, adequate redress has not been provided to victims. Samir Mehta, Director of International River's Network South Asia, addressed the Indian's government categorical failure to provide compensation for victims of displacement due to development projects:

The authorities tempt the innocent would-be affected villagers with various promises at the time of the construction of the dams. But these promises were never fulfilled, rather the fundamental rights of the people are curtailed.

Dr R.K Ranjan, Convener of Citizens Concern for Dams and Development, who was present at the protests and spoke on his organizations' behalf, condemned the destruction of the environment in favor of development as a crime against humanity. He accused the Government of Manipur of valuing big businesses and money over environmental and humanitarian concerns at the costs of the welfare of indigenous people.

An additional concern is the survival of various species of animals and plants native to the area. Article 29 of UNDRIP provides that indigenous people have the right to conservation of the environment and productive capacity of their resources. Dams disrupt the natural ecosystem and the ability of plants and animals to access clean water. The government has yet to conduct an assessment regarding the vegetation and wildlife of the area and the impact the dam will have on their survival.

The construction of the Chapki Dam is in direct violation of the rights of the local tribal Indians whom call the area home. It threatens their ancestral land, heritage, culture, livelihood, and access to sources of food and water. The Manipur Government has thus far failed to address any of the issues put forth by the committees against the proposal. The Chakpi Multipurpose Hydroelectric Project should be withdrawn or delayed until such a time that the government can adequately assess both the positive and negative ramifications of the project to make an informed decision about moving forward.

ADDITIONAL INFORMATION:

The resolution developed by the protests against Chakpi Multipurpose Hydroelectric Project follows:

1. The project is anti-people in nature and is being proposed at a very high cost not in the interest of the indigenous people of Chandel. Indigenous Scheduled Tribes likes the Tarao with population of about 800, Moyon and Monsang below 3000, Lamkang below 10,000 and the Anals with population of about 25,000 are some of the smallest tribes in India, residing in and around the Dam area who will be adversely affected by the project.

2. The initial investigation, survey and proposal were done without the knowledge and consent of the people.

3. Rich standing wild flora and fauna which are not yet properly assessed including unique varieties of flowers, orchids, medicinal herbs and genetic seeds will be totally destroyed. Besides, thousands of hectares of rich ancestral land in periphery of the dam which are homes to thousand of wild plants, birds and animals will also be totally destroyed.

4. The grave danger of demographic impact from the influx of labourers and workers which at peak will reach 26,054 according to the govt. report threatens the identity and existence of the local indigenous people.

5. It will affect rich ancestral land handed down from generations comprising of (a) Catchment area (b) submerged area (c) Dam site and land use for colonies, roads, mining, borrowed sites, transmissions lines etc and (d) canal area which must be safeguarded and preserved for posterity.

6. The irreversible environmental devastation and multiple impact on our land and people will destroy us socially, politically and economically which any day offsets the benefits of the project proposed by the Govt.

7. We cannot but condemn the design of the Govt. to clandestinely pursue the project without the Free, prior and informed consent (FPIC) of the indigenous people violating the United Nations Declarations on the Rights of the Indigenous People (UNDRIP) and the recommendations of the World Commission on Dams 2000 which recognizes indigenous peoples right over land and resources.

The above was signed by Mr. Samir Mehta, Director River Basin Friends India; Ms. Aram Pamei, President, Naga Women union, Manipur; Dr. R. K. RanjanConvenor, Concerns for Dams and Devt.; Mr. JitenYumnam Co-Convenor Committee on Protection of Natural Resources; Ms St. Ruth, President, Mr. Anal Sinnu Ruwl and Mr. Rd. Thumdang, Chairman, Anala Naga Chiefs Assn.
Relevant provisions of the United Nations Declaration on the Rights of Indigenous People include:

Article 8 insists that states should provide redress for "Any action which has the aim or effect of dispossessing them of their lands, territories or resources".

Article 10 states that indigenous people should not be forcibly removed from their land and that "No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return."

Article 26, Section 1 claims that "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired."

Article 29 states that "Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources."

Article 32, Section 2 insists that "States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development." And further claims that redress shall be provided in the above cases.

SUGGESTED ACTION:
Petition to the Local and National Government of India to consider potential negative ramifications of the Chakpi Multipurpose Hydroelectric Project.

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SAMPLE LETTER:

Dear ___________,

INDIA: In observance of International Rivers Day, tribes protest the Chakpi Multipurpose Hydroelectric Project

Name of the victims: Affected villagers of the Proposed Chakpi Dam over the Chakpi River in Chandel District, Manipur
Place of incident: Chandel District, Manipur

I am writing to voice my deep concern regarding the Chakpi Multipurpose Hydroelectric Project in Chandel District, Manipur and its implications for thousands of tribal people in the area. On March 12, 2013, in observance of International Rivers Day, rallies took place in Chakpikarong regarding opposition to the Chakpi Multipurpose Hydroelectric Project. The project proposes the building of a large dam over the Chakpi River in Chandel District in order to cultivate electricity. The project has negative social, economic, environmental, and political ramifications and violates rights of indigenous people in the area to their land, as guaranteed by the 2007 United Nations Declaration of the Rights of Indigenous People.

This assembly, following a meeting at the Chakpikarong sub-divisional headquarters, was the third of such rallies and was jointly hosted by the Committee against Construction of Chakpi Multi-purpose project, Partners Village Development Forum Chandel and the Chakpi Area Chief Association in Collaboration with International Rivers Network. Protestors marched from Chakpikarong community hall along the left bank of the river to the proposed dam site, then down the right bank, carrying banners with slogans such as: "Let Chakpi river flow free" and "We say no to Chakpi dam."

The rally at Chakpikarong bazar was attended by local activists including shri JitenYumnam, Co-Convenor, Committee on protection of Natural Resources; Chapa Huten Francis, member of Committee Against construction of Chakpi Multi-purpose project; Mr. St. Luckson, member Committee Against construction of Chakpi Multi-purpose project; Mr. Samir, Director, International Rivers Network South Asia; Ms. Aram Pamei, President, Naga Women Union Manipur and Dr. Ranjan, Convenor, Citizens Concerns for Dams and Development. The function was also attended by local village chiefs, church leaders, civil society leaders and students.

The goal of the rally was to voice concerns over a variety of negative ramifications resulting from the proposed project. A joint statement released by leaders of the various organizations present indicates that the people desire free, prior and informed consent (FPIC) before any work is undertaken. The Indian government has yet to conduct geological investigations concerning the implications of the dam. The original investigation, survey and proposal were prepared without the knowledge of local tribes.

The rally commissioners issued the following statement regarding hazards of the project:

1. The project is anti-people in nature and is being proposed at a very high cost not in the interest of the indigenous people of Chandel. Indigenous Scheduled Tribes likes the Tarao with population of about 800, Moyon and Monsang below 3000, Lamkang below 10,000 and the Anals with population of about 25,000 are some of the smallest tribes in India, residing in and around the Dam area who will be adversely affected by the project.

2. The initial investigation, survey and proposal were done without the knowledge and consent of the people.

3. Rich standing wild flora and fauna which are not yet properly assessed including unique varieties of flowers, orchids, medicinal herbs and genetic seeds will be totally destroyed. Besides, thousands of hectares of rich ancestral land in periphery of the dam which are homes to thousand of wild plants, birds and animals will also be totally destroyed.

4. The grave danger of demographic impact from the influx of labourers and workers which at peak will reach 26,054 according to the govt. report threatens the identity and existence of the local indigenous people.

5. It will affect rich ancestral land handed down from generations comprising of (a) Catchment area (b) submerged area (c) Dam site and land use for colonies, roads, mining, borrowed sites, transmissions lines etc and (d) canal area which must be safeguarded and preserved for posterity.

6. The irreversible environmental devastation and multiple impact on our land and people will destroy us socially, politically and economically which any day offsets the benefits of the project proposed by the Govt.

7. We cannot but condemn the design of the Govt. to clandestinely pursue the project without the Free, prior and informed consent (FPIC) of the indigenous people violating the United Nations Declarations on the Rights of the Indigenous People (UNDRIP) and the recommendations of the World Commission on Dams 2000 which recognizes indigenous peoples right over land and resources.

Signed by Mr. Samir Mehta, Director River Basin Friends India; Ms. Aram Pamei, President, Naga Women union, Manipur; Dr. Rk. RanjanConvenor, Concerns for Dams and Devt.; Mr. JitenYumnam Co-Convenor Committee on Protection of Natural Resources; Ms St. Ruth, President, Anal SinnuRuwl and Mr. Rd, Thumdang, Chairman, Anala Naga Chiefs Assn.

Due to the information above, I urge you to take the following actions:
1. Ensure that the Manipur Government considers the rights of locals before commissioning the construction of a dam that will displace thousands;
2. Oppose the Chakpi Multipurpose Hydroelectric Project until research can adequately address the project's impacts on indigenous communities;
3. Observe all provisions of the UN Declaration on the Rights of Indigenous Peoples, 2007, in all development initiatives in Manipur.
4. Insist that the Government of Manipur commission studies to research the adverse affects of the building project;
5. Make public the findings of any such studies conducted to research the affects of the project;
6. Obtain the free, prior, and informed consent of the persons directly affected by the construction of the dam.
7. Require the government to provide fair and equitable redress for victims displaced by infrastructural development in Manipur;
8. Implement the recommendations of the World Commission on Dams for review of the ongoing project for its compliance with international standards;

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2451398
E-mail: cmmani@hub.nic.in

2. Mr Arvind Kumar Chugh
Secretary, Government of India
Ministry of Tribal affairs
Shastri Bhawan, Dr. Rajendra Prasad Road
New Delhi- 110001
INDIA
Fax: +91 11 2307 3160

3. Dr. Rameshwar Oraon
Chairperson
National Commission for Scheduled Tribes
6th Floor, 'B' Wing, Loknayak Bhawan, Khan Market
New Delhi -110003
INDIA
Fax: +91 11 2462462
Email: chairperson@ncst.nic.in

4. Mr. V. Kishore Chandra Deo
Union Minister of Tribal Affairs
Sansad Bhwan, Room number 105-A
New Delhi
INDIA
Fax: +91 11 2307 0577
Email: jk.popli@nic.in

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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