study.

Others existed, less those in other parts of the world

recognizable to the European eye as without diverting from or mutilating September
peoples and nations or less
amenable to manipulation into
the primary aim of this study.
39. Specifically, successor States
2017
vassalage, but clearly identified by to European colonial governments in
themselves and the neighbouring Asia and Africa would have to be OIL EXPLORATION: BOON
mainstream as separate and distinct recognized as not being “indigenous” Oil Exploration: Boon or Bane
nations and peoples. to the entire territories they presently
OR BANE FOR MANIPUR for Manipur 1
38. Parameters adopted for a control.30 Nor are different peoples Free trade protagonists would argue Arrest of Mine Workers in
study on treaties, agreements and found within these States that oil export from Manipur would Sukinda Valley in Odisha 7
other constructive arrangements “indigenous” to the entire liberate it from shackles of poverty, What Went with the Ambedkar
between States and indigenous geographical confines of these conflict, political imbroglios, and Nagar Demolition? 8
populations in Asia or Africa would boundaries. never-ending fiascos. However, the Free the Maruti Workers 12
have to be distinctly different from (To be continued) voices against oil exploration Momentum of Peasant
resonating from nooks and corners of Struggle in India 14
Manipur tell a difference tale. Conviction of Mahesh Tirki, ...
Manipur witnessed a series of GN Saibaba 17
peoples’ conglomerations, expressing Deterrence is Through
deep concern with both the process
Prosecution, Not Through
and impact of oil exploration in
Death Sentence 20
Manipur. The mandatory
The State Takes Care of its
environmental public hearings for oil
explorations meant to be held at Own 22
Jiribam, Parbung, and Nungba Town, Nepal: Key Issues and
th th
on 30 July, 8 August, and 17 th Challenges of SDGs 25
beyond the horizon August, 2012, were met by massive
community protests objecting to the
Philippines:
Indonesia:
Attack
The
on Lumad
Women’s
28

Economic, Political and Social Views oil exploration. In a historical Struggle is Reborn in
moment for Manipur, the Wonosobo 29
environmental public hearing at ADB’s 50 Years Greeted with
Editor Nungba was cancelled by government Nationwide Protests in
Dr. Malem Ningthouja officials, due to stiff opposition by the India 30
community. The community The California Independence
Editorial Team protestors were able to extract a Movement Steps Forward 32
Chitaranjan Thoudam, Dr. Malem Ningthouja, written note, detailing the IPMSDL participates in Alta
Somorendro Khangembam and Tiken Laishram cancellation of the public hearing Conference 2013 35
cancellation, from officials of the March for Science, the
Views expressed in the articles are those of authors and not necessarily of Manipur Pollution Control Board, the Environment, and the
the Editorial Team Deputy Commissioner of People 37
Tamenglong District, and the Jubilant Criticism and Constructive
Published by Nileema Khangembam from Chingmeirong, Maning leikai, near Vodafone oil and Gas Private Limited.
tower, Imphal East, Manipur 795005, and printed by her at Progressive Printers, A-21, Submission ... by CORE
Reasons for community Manipur (1999)- Part I
Jhilmil Industrial Area, G.T. Road, Delhi- 95. Mmail: editorbeyondthehorizon@gmail.com 39
resentment against oil explorations
beyond the horizon August 2017 August 2017 beyond the horizon
Rs. 20
need serious consideration. The
message from the community and
positions taken during objections at
environmental public hearings clearly
read; “Stop Petroleum Exploration in
Manipur”, “Don’t Plunder and Pollute
our Land, Resources & Environment”,
“Our land and Resources are not for
Sale”, “Go Back Jubilant Energy,” and
so on. India’s democratic principles
and practices have again been
subjected to testing times, in terms of
legitimacy and practical application.
Without informing and taking the
consent of all indigenous peoples of
Manipur, the Government of India,
through its Ministry of Petroleum and
Natural Gas, granted license to
Jubiliant Oil and Gas Private Limited,
a company based in Netherlands, for
exploration and drilling works in two
oil blocks in Manipur that are located
in the Jiribam (Imphal East),
Tamenglong, and Churachandpur
districts of Manipur. The contracts
were awarded under the eighth round
of the New Exploration Licensing
Policy (NELP) of the Government of
India. The Production Sharing
Contract (PSC) for the Manipur oil
Block I, codenamed AA-ONN-2009/
1, and the Petroleum Exploration
License (PEL), was granted by the
Manipur Government on 23 rd
September, 2010.
The PSC for Manipur Oil Block
II, codenamed AA-ONN-2009/2, was
signed on 19th July, 2010, and the PEL
was granted by the Manipur
Government on 20th September, 2010.
The deeds relating to the PELs were
signed on 15th November, 2010, and
2 beyond the horizon
the Production Sharing Contracts
became effective on this date. The total
area granted for oil exploration is
around 4,000 square kilometres. It is
estimated that Manipur has nearly 5
trillion cubic feet of oil and the oil
company, Jubiliant Energy, plans to
drill from 30 oil wells in Manipur.
Earlier, unknown to our people, the
government had undertaken a series of
promotions globally, in 2003 and 2009,
to promote exploitation of the oil
blocks in Manipur through road-shows
in major cities, such as London,
Houston, Calgary and Perth, inviting
bids from oil companies for exploration
and drilling in Manipur. Jubilant Energy
has thus been set for a big plunder.
The latest annual report of Jubilant
Energy indicates that the two Manipur
Blocks have prospective oil resources
ranging from 380 billion cubic feet to
1.43 trillion cubic feet, with Jubilant
Energy holding 100% participating
interest. However, in contradicting
figures, the admission document of
Jubilant Energy, under AIM Rules,
outlined that the total oil potential in
Manipur is nearly 5 Trillion Cubic Feet
altogether in the Abin, Kharkhublien,
Taithu, Sialman, Laimata, and
Oinamlong anticlines in the two oil
blocks of Manipur. Even a simple
calculation shows that the oil reserves
in Manipur are worth several trillion
dollars, which supersedes the economic
strength of major developed countries.
In a glaring lack of transparency
and accountability, the indigenous
peoples of Manipur have not been
informed about the terms and
conditions deliberated upon and
August 2017
detailed in the contracts and licensing
agreements between the Government
of India, the Government of Manipur,
and JOGPL. Peoples are not informed
how they would be involved and
benefitted. Instead, innocent villagers
of Tamenglong, Churachandpur, and
Jiribam are being duped to sign no-
objections letters or NOC for seismic
surveys by Alphageo Company. The
peoples are not informed as to the
purpose and objectives and impacts
of the surveys, oil explorations, and
drillings.
Communities are bein gduped into
believing that oil exploration will bring
roads, schools, hospitals, and
employment in their respective
villages. Does it meant to say that oil
explorations and dam constructions
are the precondtion for the
construction of roads, schools, health
facilities and other basic facilities?
What they covered up is the fact that
the construction of roads was primarily
meant to facilitating the transport of
oil survey equipment and machineries.
It appears from this that community
resources had to be sacrificed, in the
name of certain minor constructions
such as roads and schools, but for the
larger interest of plunder by the project
companies.
The question now is whether oil
extractions from Manipur will the
economy Manipur or will it primarily
serve the interest of Jubilant Energy
at the cost of Manipur? Jubilant Energy
has already embarked on long-term
potential opportunities to take itself
forward, employing all political,
bureaucratic, and military machineries
August 2017 beyond the horizon
of the Government of India, and it is
indeed on its way to achieve new
heights. On the other hand, the
Government of Manipur, so far, has
remained silent, perhaps still confused
on how to handle its oil resources. Or,
is it powerless even to touch ? The only
thing it has been doing is to facilitate
Jubilant Energy to exploit Manipur’s
valuable resources, keeping Manipur’s
people and their future at distant bay.
Considering this, the realities of how
MNCs countries grow at the cost of
resource rich underdeveloped areas
becomes clear.
Jubilant Energy is aggressively
pursuing the extraction of oil resources
from Manipur, all but disregarding the
indigenous peoples of Manipur, who
belong to the land and who own the
resources. The company contracted Bell
Industries to undertake an airborne
gradiometer survey. This was completed
in November, 2011. The company also
contracted Asian Oilfields and Alpha
Geo Company for seismic acquisition,
which was expected to be completed by
2013. The company stated that all
geological and sedimentological
surveys, structural modelling,
petrographic and biostratigraphic
studies and geochemical analyses had
already been completed. The Jubilant
Energy is envisaged to drill three
exploration wells in 2013, two in the
Oinamlong and Nungba in the North
Block and one in Parbung in the South
Block. An unpredented move to plunder
our land and resources becomes clear.
Despite abundant availability of oil
and gas in Manipur, the Government of
India and the Government of Manipur
3
have been maintaining a deafening and
deceitful silence for long. They have
been even to the refraining from
making public and official statement
on the availability of oil and natural gas
in Manipur. More objectionable is the
fact that a mere private company,
Jubilant Oil and Gas Private Limited,
has been conferred full-ownership of
all oil resources in Manipur. The first
official response of the government to
community assertion against oil
exploration is filing an FIR at Nungba
Police Station against those rejecting
the environmental public hearing at
Nungba. This FIR proofs disrespect of
our people and our natural and cultural
heritage. Peoples raise up to challenge
the outright arbitrary sale of our land
and resources to a profit-mongering
company.
It is indeed ridiculous that the
indigenous communities that own the
land and resources in Manipur are not
informed that oil is found in their land
and how it is going to be exploited.
India has several laws, such as the Oil
Fields (Regulation and Development)
Act, 1948, the Oil Industry
(Development) Act, 1974, Petroleum
and Minerals Pipelines (Acquisition of
Right of User in Land), Act, 1962, and
Petroleum & Natural Gas Rules, 1959.
These laws grant to the Government
of India the exclusive propriety rights
of all oil and gas resources and its
handling . It is on the basis of the
provisions of these laws that the
Government of India had awarded to
Jubilant Energy a contract with 100%
interest for oil extraction from
Manipur. However, these laws, some
4 beyond the horizon
of which were adopted during the
period of Manipur’s political
independence, i.e., between 1947 and
1949 are controversial. These lawas are
considered outdated and inconsistent
with the international human rights law.
Universally accepted norms of
development rights and indigenous
peoples’ rights, such as the UN
Declaration on the Rights of
Indigenous Peoples 2007 had outlined
that all land and resources where
indigenous peoples reside belong to
them. Indigenous peoples had the
rights to exclusive rights of defining,
controlling and managing their
development and future.
The ultimate issue is: who owns
the land and who should decide on how
to use it? The question again is whether
the Indian laws on oil exploration,
formed without the consultation and
consent of the indigenous peoples of
Manipur should prevail? WIll the
indigenous peoples’ rights, ownership
and management rights over their
ancestral domains, passed on by their
ancestors for generations, and also
recognized by several international
human rights laws prevail? Several
United Nations human rights bodies,
while deliberating on the Mapithel dam
and the proposed Tipaimukh Dam
constructions in Manipur, have urged
upon the Government of India to
respect indigenous peoples’ rights over
their land and obtain free prior and
informed consent before taking up any
project.
What form of development will
take place for our people when
suddenly one fine morning, an oil
August 2017
company, which has nothing to do with
our land and way of life, suddenly
appears and claims our land, based on
some archaic irrelevant laws from afar,
all in the name of development? And
what does it mean when the Indian
military, deployed in Manipur to
combat the insurgents, under the
infamous Armed Forces Special
Powers Act, 1958, provides tacit
support to such companies? This is a
hard reality happening already in
Manipur, which has already been
condemned by community
organizations. Projects should not be
forced upon the people.
The oil exploration move is also
fraught with absence of a participatory
and detailed environmental impact
assessment that is required for any
exploration and drilling. The initial EIA
prepared for the public hearing had
negated the existence of endemic
species of Manipur and the rich
biodiversity of Manipur. The report
also undermined the fact that the entire
Tamenglong, Churachandpur, and
Jiribam are eco-sensitive zones. These
are zones where survival sources of
wildlife and communities in the region
go beyond the fanciful ideas of national
parks and sanctuaries. As the world has
enough evidences of occasions of oil
spills during testing, actual drilling,
accidents and bursting of pipelines, the
oil exploration would lead to severe
contamination of our water bodies and
rivers. Ogoniland in Nigeria, Ecuador
oil fields, Gulf of Mexico oil spill,
refinery explosions in Venezuela and
Vishakhapatnam in India are the living
testimonies of oil related disasters and
August 2017 beyond the horizon
environmental catastrophes. The oil
exploration will contaminate our soil,
water, pollute our food and ground
water and destroy our forests. Gas
flaring will also lead to further
contamination of our air, water, and
soil. The Barak River, Irang River,
Makru River, and tributaries of the
Barak River will be the first to be
affected by such petroleum exploration
and drilling-related pollutions and
contaminations. Thousands of people
will also be displaced and their means
of livelihood will be destroyed. There
is no information as to how the oil will
be transported. Will construction of oil
pipelines adds to environmental
catastrophe and violation of rights.
We are also doubtful about the
distrubution of royalty. One is aware
of the fact that Manipur is one of the
most corrupt region that co-exists with
high level of favouritism and conflict.
There will be no equity in regards to
distribution of the meagre royalty for
allowing oil extraction. On the
contrary, it will add to conflicts in
various forms. The steps taken up
towards oil exploration, so far, had
already created conflict and violence
at various levels. These conflicts could
be within a community, among
communities and between
communities and the government. A
sensible person will obviously worry
about repetition of the conflict situation
prevalent in Darfur of Eastern Africa.
There are clear cut instances of Jubilant
Company, and its contracting
companies, indulding in dubious deals
with certain insurgent outfits to obtain
no objection letters for oil exploration
5
related survey works. Oil exploration
and drilling will promote import of
labour and other forces who would be
attracted by the prospect of commerce
and constructions. This will add to the
threat of large scale influx of
immigration. At the same time, this
project will intensify militarisation,
repression and human rights violations,
including violence against women.
Oil Exploration would also
intensify the golobal climate crisis.
Gas-flaring processes will add to
climate change across the region.
Destructions and threats in the name
of energy can be averted. There are
other options to solve the energey
demand. Rather than acting on energy
obsession, the policy prerogatives
should be on promotion of alternative
energies, minimizing overconsumption
of energy, and changing lifestyles.
Projects that pose threat to sustainable
development should be discouraged.
Environment public hearings in
regards to extractive projects are
proven arbitrary. The environment
clearance for the proposed Tipaimukh
dam construction was cleared by the
Ministry of Environment and Forest in
October 2008. It was arbitrarily done
by ignoring objections by the affected
villages in all the five public hearings
held for the proposed dams at
Tamenglong, Keimai, Mizoram,
Tipaimukh and Churachandpur
districts. The first hearing was held on
2 nd December 2004 at Darlawn
(Mizoram) and the last one was held
on 31 st March 2008 at Tipaimukh
Village (Manipur). The public hearing
processes were manipulated. The views
6 beyond the horizon
and voice of the communities affected
by mega-projects processes were
ignored. The objections raised against
oil exploration at Jiribam, Parbung and
Nungba are clear verdict of the ongoing
conflict between commuity rights and
extractive projects. The message that I
would like to convey s that the
Government of India and Jubilant
Energy must respect the wishes and
aspirations of the peoples. All efforts
to subdue the voices of the
communities, including trying to arrest
and detain community members for
raising democratic voices will add to
the stiff opposition to oil exploration.
The Government of India and
Jubiliant Energy should recognize that
oil and all resources in Manipur belong
to the indigenous peoples of Manipur.
The people must enjoy the exclusive
rights to define and decide how to use,
control, and manage their resources.
Article 1 of International Covenant on
Economic Social and Cultural Rights
and UN Declaration on the Rights of
Indigenous Peoples recognize
indigenous peoples’ right to self-
determination over their land,
resources and future. These rights must
be respected and promoted. The
Government of India must not impose
projects arbitrarily at gun point.
Jiten Yumnam
August 2017
ARREST OF MINE WORKERS
IN SUKINDA VALLEY IN ODISHA
Coordination of Democratic Rights
Organisation strongly condemns the
arrest of three mine workers Rabi
Murmu, Abhimanyu Mohanto and
Ramesh Majhi on June 12, 2017 on
false and fabricated charges of
conspiring to wage a war against the
Indian state and inciting violence. We
understand this arrest and the
imposition of severe charges as an
attempt by the ruling BJD and BC
Mohanty & Sons, the company
operating the mine in Sukinda valley
to intimidate and prevent the mine
workers from forming a trade union and
challenging human rights violations
resulting from mass tribal displacement
in the region.
Rabi Murmu is the President and
Abhimanyu Mohanto is the General
Secretary of the Aancholiko Khoni
Khadaan Mazdoor Sangh, a union that
has been organizing in the pursuit of
regularizing the wages of mine workers
as well as their registration in the B
Register. The union has also been
drawing attention to rights violations
of persons displaced by the mines, with
an eruption in mining licenses over the
past few years in Sukinda valley, which
is the chromite-rich belt of Odisha in
Jajpur district. Odisha has 98% of the
total chromite reserve in India, 97% of
which is found in the Sukinda valley.
Currently, there are 14 chromite mines
in the Sukinda valley of which 12 or
13 are in operation.
August 2017 beyond the horizon
According to information gathered
by us, on the morning of June 12, Rabi
Murmu, Abhimanyu Mohanto and
Ramesh Majhi had gathered at the gate
of the Kamarda Chromite Mines
Company to participate in a peaceful
protest demonstration and were
carrying with them a memorandum of
demands on behalf of the workers.
Before the protest could begin, police
personnel from Kaliapani Police
Station led by IC Yuvraj Swain arrived
at the spot and threatened to book them
under Maoist cases if they did not abide
by the will of Pritiranjan Gharai, the
local MLA from the ruling party BJD.
In the week leading up to the protest
demonstration, the workers had been
getting threatening calls from local
BJD supporters to back down on their
demands. The Police executed their
threat, and arrested the three mine
workers for possessing Maoist
literature, and for inciting tribals to join
their union to fight for their rights
against displacement, under Ss. 25-27,
Arms Act; and Ss. 147, 506, 121 (A),
124 (A), 120 (B) and 149 (17), IPC.
See Odisha POST dated June 14, 2017:
3 Ultras held in Kaliapani. The said
Maoist literature is, in fact, some
copies of Nua Duniya, a weekly
newsletter of the CPI, and a journal of
the Chaasi Mulia Adibaasi Sangh.
On June 19, 2017, Rebabati Murmu
and Padmabati Mohanto, wives of Rabi
Murmu and Abhimanyu Mohanto,
7
respectively, petitioned the Odisha
Human Rights Commission in
Bhubaneswar demanding an inquiry
into the arrest, and for proceedings to
be initiated against the police
personnel, in order to determine the
complicity of political parties under
whose direction the arrests have taken
place. The petition further demands
that all phone calls of the police
personnel be tracked to establish the
nexus of police, administration, mining
authorities and the ruling BJD MLA.
CDRO unequivocally endorses the
rights of workers to form a trade union
as a fundamental right, to fight for their
interests, engage in collective
bargaining for regularization of wages
and to improve working conditions.
The witch-hunt launched against the
workers, and the baseless accusations
of being Maoists foisted upon them by
WHAT WENT WITH
THE AMBEDKAR NAGAR DEMOLITION?
Large scale demolitions took place in
Ambedkar Nagar basti at Cuffe Parade,
Colaba from 3 rd to 7th May, 2017.
According to a media report more than
1000 hutments had been demolished
during the drive1. But the residents
claim that at least 1500 houses were
destroyed. The demolition was carried
out under the supervision of Forest
Department officials on the ground that
the hutments were in violation of the
Bombay High Court’s 2005 order to
protect mangrov e cover in
Maharashtra2.
8 beyond the horizon
the Police, are an assault on workers’
rights, and is directed to prevent people
from collectively struggling for their
rights. The complicity of state
authorities and political parties in such
intimidation is a carte blanche to the
mining authorities and the district
administration to engage in further
rights violations of the mine workers
and displaced persons through
exploitation and unfair labour
practices. The Odisha police follows
the old strategy of stifling any
challenges to the ruthless exploitation
of natural resources, displacement of
peoples and the pursuit of unfair labour
practices by simply labelling activists/
dissidents as Maoists.
Coordination of Democratic Rights
Organisations
23rd June 2017
Background
Ambedkar Nagar is located in
Mumbai’s A-Ward, close to Mumbai’s
prime residential and commercial area
of Cuffe Parade. It has been in
existence from 1980s. An
overwhelming number of residents of
this basti work in some capacity in
neighbouring Cuffe Parade and Navy
Nagar as domestic help, taxi drivers,
street vendors etc. and in the nearby
Sassoon Docks as daily wage
labourers. The residents are a mix of
Marathi and Hindi speaking
August 2017
communities. Many are from the
Banjara and Buddhist community and
belong to the Scheduled castes and
Scheduled Tribes categories.
Over the years, Brihanmumbai
Electric Supply & Transport (BEST),
a public sector undertaking has
supplied their houses with electricity
connections and Brihanmumbai
Municipal corporation (BMC) has
provided communal tap water
connections and public toilet facilities
to the residents here. The provision of
various basic amenities to people by
government agencies was perceived by
people as a sign of security of tenure
and thus many had taken loans to build
puccahouses on the site they had been
residing for years. Most of the
residents have voting cards, ration
cards, birth certificates of children,
PAN cards and Aadhar cards with
Ambedkar Nagar as the address. Their
children attend various public and
private schools in the area.
It is not the first time that residents
of Ambedkar Nagar have been left
homeless. In November 2013, a
massive fire gutted around 900 homes.
While the official cause of fire was
claimed to be gas cylinder blasts, a
newspaper reported the claims of
locals and politicians that the fire
“could have been a sabotage as talks
were on with two developers for a slum
rehabilitation scheme on the site”3. In
2015, some 200 hutments were
demolished in the basti.
When the team spoke to the
residents, it was found that most of
August 2017 beyond the horizon
them had rebuilt their houses post the
fire and the 2015 demolition. Given the
provision of metered electricity, water
and other facilities by the local
government, an overwhelming majority
invested in pucca houses by availing
loans. In April 2015, the residents were
issued a notice by the Forests and
Mangrove Cell, Maharashtra
government and were asked to submit
the documents to verify their legibility,
failing which they faced eviction.
Many families had lost their proof of
residence and other important
documents in this fire. Yet, they
submitted whatever documents they
had to the said office. There received
no further communication from the
office.
Recent Demolitions
The demolitions began on 3rd May
morning under the supervision of
forest department officials and in
presence of more than 100 police
personnel. No notices had been issued
beforehand. The people shared with us
details of how, before the demolition
began, trees were cut and debris were
filled into the swamp under
government supervision to make an
access road for the bulldozers.
The demolitions continued for
four days, from morning till late
evening during which the police dealt
with excessive force against the people.
People were at the receiving end of
police abuse in the form of verbal
abuse, beating, slapping, lathi charge,
pulling of hair etc. A group of people
9
who strongly objected the same said
that they were picked up and taken to
the police chowki near Mantralaya,
Churchgate. Mobile phones of people
who were recording the scene were
confiscated. What stands out in
peoples testimonies is that women and
children were brutally mistreated by
officials. Young children were also
pushed around and suffered injuries
during the demolition process.
The team found that the
demolitions were done in an arbitrary
manner. The officials had marked
some houses with red crosses before
starting the demolition. However, the
bulldozers paid no heed to the
demarcation during the demolition,
thus escalating the amount of
destruction. Public and collective
facilities like water taps, public
bathrooms, places of worship, shops
and even the aanganwadi structure
were razed down.
The collective economic loss that
was faced by the residents has been
huge, as none of them were allowed
to remove any of their belonging from
within their homes. Due to this
demolition, hundreds of families are
now being forced to live out in the
open with little to no protection from
the environment. Almost all children
have summer vacations from school
and are extremely susceptible to heat
strokes and other illnesses given the
current weather.
People here have strongly spoken
against the apathy of the present
corporator from A-ward, Makarand
Narvekar of the Bhartiya Janta Party.
10 beyond the horizon
They say that no assistance or support
has been provided from his end, even
though he had campaigned excessively
in Ambedkar Nagar for people’s votes
prior to the 2017 BMC elections.
Likewise, no help has come forth from
the MLA who is from BJP and the MP
who comes from Shiv Sena. Moreover,
the people have alleged that the so-
called people’s representatives are hand
in glove with prominent builders of a
luxury hotel being constructed in
vicinity who wish to construct an
approach road through the site where
the basti is now settled.
The activist from GBGBA has
shared with us the details of the
numerous demolitions of slum hutments
that have taken place in the city using
the Bombay High court order of 2005.
The order which focuses of protection
of mangroves, has been used a pretext
for razing down slums, even though it
does not recommend demolishing of
bastis. On the other hand, massive
destruction of mangroves has taken
place at the hands of private builders
for construction of housing, commercial
and vehicular parking projects, such as
in Versova, Thane, Gorai, Vikhroli,
Dahisar, etc.
Conclusions
From the above findings, it is
clear that:
1. The demolition was prima facie
illegal as no adequate notice had been
provided.
2. Undue excessive force was
deployed to carry out the demolitions.
3. The forced eviction which has
August 2017
rendered thousands homeless
constitutes violation of the Supreme
Court judgments which uphold that the
right to shelter as a constituent of the
fundamental right to life enshrined in
Article 21 of the constitution.
4. The demolition has affected
access to education of the children in
the basti and constitutes violation of
fundamental right to education.
5. The Bombay High Court order
against destruction of Mangroves is
being used in an arbitrary and unjust
manner against slum dwellers while
exemptions are being granted to private
builders.
Recommendations:
1. There should be an inquiry
against police personnel who used
undue force against the residents and
suppressed their rightful expressions of
dissent.
2. The Forest Department should
compensate the people for the
economic losses incurred due to this
illegal demolition.
3. The authorities should carry out
a survey of the residents in the area
along with the participation of people
and draw a plan for rehabilitating and
housing the affected. Lack of proof
regarding cut-off date which is at
present 1.1.2000 should not be used
to delegitimize people’s claims to avail
rehabilitation.
4. Given the history of disruptions
in the basti in last couple of years- the
fire in 2013 and now the massive
demolition- the actual motives for the
demolition need to be thoroughly
August 2017 beyond the horizon
inquired into.
5. Sincere attempts need to be
made to reconcile the right to shelter
of the people with environmental
concerns while projects by builders
which impose huge environmental cost
on the city should not be tolerated.
Committee for Protection of
Democratic Rights
May, 2017
Note: The above text is the report of the
five-member fact finding team constituted
by Committee for Protection of
Democratic Rights (CPDR) to inquire into
the demolition of homes and police
harassment of residents of Ambedkar
Nagar, Colaba between 3rd and 7th May,
2017. The Fact Finding Team members
were Shraddha (Nirmala Niketan College
of Social Work), Tanmay (Tata Institute
of Fundamental Research), Rossi (Homi
Bhabha Centre for Science Education,
TIFR), Priyanka and Paankhi (Indian
Institute of Technology, Bombay). The
team visited the site on 10 th May, 2017
and spoke with the residents and housing
rights activist, Bilal, working with Ghar
Bachao Ghar Banao Andolan (GBGBA).
After meeting with the residents, the team
surveyed the site of the demolitions.
Endnotes:
1
‘More than 1,000 illegal structures on
mangrove area in Mumbai razed ,
Hindustan Times, May 7, 2017
2
Bombay Court order passed on Petition
no 3246/2004 in October 2005.
3
1 dead, 900 huts reduced to ashes in
Cuffe Parade blaze , Times of India,
November 22, 2013.
11
 FREE THE MARUTI WORKERS!
13 Maruti Union members given ‘Life Sentence’ for Struggling for
Union Formation &Abolition of the Contract Worker System
13 of our brothers have been given ‘life
sentences’ – including 12 Maruti
Suzuki Workers Union body members
– on the baseless charge of ‘murder’
on 18 March afternoon by the Gurgaon
Additional Sessions Court. 4 workers
given 5 year sentences. 14 workers
given 3 years, but have already spent
4 years in prison, so released. Of the
earlier acquitted 117 workers who
spent over 4 years in Jail, we do not
yet know as to who will return the lost
years. 148 already spent 4 years in Jail
without bail since 2012 without bail
and 2500 workers were earlier illegally
terminated and then faced continual
State repression.
We reject the falsehood that this
is an ‘objective judgement’. The
Prosecution Case and Judicial
Sentence is based on no evidences,
false-witnesses and pure class hatred.
See here for details of the arguments.
Workers had no involvement in the
unfortunate death of the pro-worker
manager who helped in registering the
Union, Mr Avanish Kumar Dev – this
is conclusively proved in the legal case
from the Defence. The conflict on the
day of 18 July 2012 started with a
supervisor attacking a Dalit worker
Jiyalal – who was later made into
‘prime accused’ in the case – with
caste-based abuse, and the worker’s
suspension. The entire case is part
of management conspiracy to finish
off the Union, an attack on the Right
12 beyond the horizon
to Union Formation itself, and the
demands–particularly of abolition of
Contract Worker System–it was
raising and symbol it became for
workers struggle.
The nature of the legal case was
informed from the outset by the
vitriolic repressive manner in which
thousands of workers were continually
hounded after 18 July 2012 by the
nexus of the management and
government, including the Police,
administration and labour departments.
This Judgement – made in between
turning Gurgaon and Manesar into
Police camps – is directly anti-worker
and heavily influenced by the interests
of the Company management, to ‘set
an example’, to sow fear and terror
among all industrial workers in the
country, particularly the belt of
Gurgaon to Neemrana in Haryana and
Rajasthan. The Prosecution in its final
arguments – much similar to the
Chandigarh HC order of May 2013
rejecting bail for workers – arguing for
‘death penalty’ for workers, talked of
the need of restoring ‘confidence’ of
capital, and the Prime Minister’s
initiative of inviting global investors
for ‘Make in India’. The confidence of
these foreign and national capitalists
depend on one thing: a cheap and
compliant labour force, so no Unions
or any raising of demands.
By specifically targeting the entire
Union body, this Company Raj wants
August 2017
to tell us that the workers movement,
the Right to Union Formation and other
Trade Union rights as well as Human
Rights of workers in the country will
be simply (with illegal and legal means)
crushed by capitalists and the State.
The attack on our Union body
members is been simply because they
have been the leadership of the
struggle against the management
practices of exploitation of labour in
the factory and waged a legitimate long
struggle for trade union rights and
dignity since 2011 with the unity of
permanent and contract workers,
demanding the abolition of the contract
worker system, dignity in the
workplace, and an end to exploitative
practices by the management. And
finally registered our Union on 1
March 2012. This workers’ assertion
was not acceptable to the
management and they wanted to
crush our Union, especially after
submission of the Charter of
Demands in April 2012 which argued
for abolition of contract worker
system. So they conspired and
escalated the conflict on 18 July
2012.
The struggle full of vitality and
hope gave positive energies for other
workers to fight similar exploitation in
the industrial region and beyond from
Honda to Rico to Asti to Shriram
Pistons to Daikin AC to Bellsonica
name a few. This collective workers’
assertion needed to be crushed and
‘taught a lesson’ in the interests of the
company managements. Similar
conflicts and cases of repression on
workers’ movements have happened
August 2017 beyond the horizon
from Graziano Transmissions Noida,
Regent Ceramics Puducherry, Pricol in
Chennai and so on. This Judgement
comes in the trail of these repression,
increasing its tempo. And so, the
industrial areas are being turned into
Police Camps.
Maruti Suzuki CEO RC
Bhargava has said this is a ‘class
war’. And what the government
dutifully is doing is to turn workers
disputes with management into a
‘Law & Order problem’, to
criminalize workers fighting for
their Rights of Union formation and
against the Contract System. We
condemn this criminalization of
workers.
We are not afraid, nor tired with
so much continuous repression. IT is
only by increasing the tempo of the
unity of workers beyond the divisions
of permanent and contract, and
independent class assertion against the
continuous attacks of the current
Company-State regime of exploitation-
repression, that we can take the
struggle forward. Lakhs of workers in
industrial areas are already doing
solidarity actions since 9 March, and
on 16 March, over a lakh workers in
Haryana, Rajasthan, UP, Tamil Nadu
did hunger strikes. On 18th
immediately after the Judgement,
30000 workers in 5 Maruti Suzuki
factories did an hour of ‘tool down’
solidarity strike even though the
management tried to crush it as always
by pressure to work and notice of 8
days pay cut. Since 16th March, there
have been protests by various workers,
students, human rights and other
13
democratic organizations in over 20
cities, and deputations and solidarity
positions and actions in 21 countries.
On 23 rd March – the day of
martyrdom of Shaheed Bhagat
Singh – the Maruti Suzuki Mazdoor
Sangh (MSMS), the joint platform
of all 6 Maruti Suzuki factories have
given the call of ‘Chalo Manesar’,
for thousands of workers to gather
and do a Protest rally in Manesar.
We call upon all pro-worker forces to
participate in this Protest. We also feel
MOMENTUM OF
PEASANT STRUGGLE IN INDIA
Historic Victory of the
Peasantry of Maharashtra
Today June 11 saw the historic victory
of the peasantry of Maharashtra, after
a 10 day novel and unprecedented
strike, backed by a massive
Maharashtra Bandh on June 5. Under
pressure of the unity and struggle of
the peasantry and the impending call
for a militant state wide Rail Roko and
Rasta Roko struggle on June 13, the
BJP-Shiv Sena state government
represented by the high-powered
committee of five cabinet ministers
today held talks with the Coordination
Committee of Peasant Organisations in
Mumbai.
After strenuous negotiations for
over three hours, the government
agreed to the following demands:
1. Complete loan waiver to the
peasantry, subject to certain criteria to
exclude the rich sections. These criteria
14 beyond the horizon
the need for a National Day of Protest,
tentatively on 4th April. In this decisive
and crucial hour, we appeal to all
workers and pro-worker forces to stand
with the demand to free the convicted
workers, and wage a protracted
struggle to ensure justice and workers’
rights, and show solidarity in whatever
ways possible.
Provisional Working Committee,
Maruti Suzuki Workers Union
18 March 2017
will be decided within one month by a
ten-members committee comprising 5
representatives of the Kisan
organisations and 5 of the state
government.
2. Implementation of loan waiver
to all peasants holding less than 5 acres
of land with immediate effect and new
loans to be given to them immediately
for the coming sowing season.
3. Substantial increase in the price
of milk to be paid to the peasantry as
per the formula that 70 per cent of the
selling price of milk will go to the
peasant and 30 per cent to the
processing institute for its expenses.
4. CM will take a delegation of
peasant organisations to the PM to
insist on the Swaminathan Commission
recommendation of fixing MSP to
cover cost of production plus 50 per
cent profit.
5. State government will give
written reply to other points in the
August 2017
memorandum. Kisan Mukti Sansad
6. Police cases in this struggle will Demands Loan Waiver &
be immediately withdrawn. Remunerative Prices
The peasant organisations were
represented in the talks by Raju Shetty,THE All India Kisan Sabha activists
MP, Bachhu Kadu, MLA, Jayant Patil, holding red flags, along with farmers
MLC, Raghunathdada Patil, Dr Ashok from across the country, participated
Dhawale (AIKS), Convenor of the in the Kisan Mukti Sansad at Jantar-
committee Dr Ajit Nawale (AIKS), Mantar in New Delhi on July 18. The
Namdev Gavade and others. The state Kisan Mukti Sansad was the
government was represented by cabinet culmination of the first phase of the
ministers Chandrakant Patil, Divakar Kisan Mukti Yatra which began on July
Ravte, Pandurang Fundkar, Girish 6 from Mandsaur in Madhya Pradesh
Mahajan and Subhash Deshmukh. If where six farmers were killed in police
the criteria of the loan waiver are not firing onJune 6, 2017.
satisfactorily decided before the state After the Mandsaur firing, over
assembly session begins on July 24, it 162 organisations came together to
was declared that the Committee will form the All India Kisan Sangharsh
re-launch the struggle from July 26, theCoordination Committee (AIKSCC).
birth anniversary of renowned social AIKS and Bhumi Adhikar Andolan
reformer Chhatrapati Shahu Maharaj. representing over 300 organisations of
This victory has been hailed far the peasantry, agricultural workers,
and wide by the peasantry of adivasis and dalits also were part of this
Maharashtra and the media has also initiative. The issue based unity built
welcomed it profusely in lead involving hundreds of organisations
headlines. The significant point is thatwas on the demands of full loan waiver
the AIKS was widely acknowledged as of the peasantry and fair prices as
the focal point of this remarkable recommended by the Swaminathan
struggle and it took the lead in unitingCommission. The yatra passed through
all other peasant organisations in the Madhya Pradesh, Maharashtra,
state to successfully overcome the vile Gujarat, Rajasthan, Uttar Pradesh and
attempt by the government and some Haryana before reaching Delhi.
blacklegs to break the peasant strike on The Kisan Mukti Sansad began by
June 3. paying homage to the martyrs and
farmers who committed suicide across
Dr Ashok Dhawale, the country. V M Singh, convenor of
Joint Secretary, All India Kisan Sabha* AIKSCC welcomed the protestors.
AIKS general secretary Hannan
Mollah addressed the Kisan Mukti
Sansad and attacked the Narendra
Modi led BJP government for betrayal
of the promises made to farmers and
August 2017 beyond the horizon 15
for increasing hardships of the
peasantry. On behalf of the Bhumi
Adhikar Andolan, Medha Patkar and
Dr Sunilam also spoke at the Sansad.
Raju Shettyi, MP and Yogender Yadav
and others who were part of the yatra
also addressed. Ayyakkannu leader of
Tamil Nadu Farmers for River Linking
also spoke at the Sansad. Children of
farmers who committed suicide also
attended and a pledge to make India
free of farmers’ suicide was made.
Sitaram Yechury, CPI(M) general
secretary and MP (Rajya Sabha)
assured that the issues of the farmers
will be raised in the parliament as well
as on the streets and expressed
solidarity with the struggle. Tapan Sen,
MP, general secretary, CITU, Jitendra
Choudhary, MP, convenor, Adivasi
Adhikar Rashtriya Manch, and CPI(M)
MPs Mohammed Salim, Badruddoza
Khan, Shankar Prasad Datta, P
Karunakaran, M B Rajesh, K K
Raghesh, Janata Dal (U) leader Sharad
Yadav and Ali Anwar JD(U) MP,
Dharamvir Gandhi, AAP MP were
among those who expressed solidarity.
AIKS leaders from different states
attended the Kisan Mukti Sansad. The
Kisan Mukti Sansad resolved to
continue the united struggle across the
country against the anti-peasant neo-
liberal policies.
AIKS congratulates the Rajasthan
peasantry for the historic Kisan Curfew
held on July 17 on the immediate
demands of the peasantry under the
leadership of the Kisan Sabha, as well
as the Maharashtra peasantry for their
16 beyond the horizon
state-wide yatra against betrayals of the
BJP governments at the state and
centre.
Source: http://peoplesdemocracy.in
AIKS Says No to Mega
FTA & RCEP
Hundreds of organisations of the
peasantry, agricultural workers, trade
unions, People’s Science Movement,
fishing community, Adivasis and
Dalits, organisations representing
transgender community and HIV
Patients, civil society groups, people’s
movements came together to form
People’s Resistance Forum Against
FTAs and RCEP to say no to Mega
Free Trade Agreement namely,
Regional Comprehensive Economic
Partnership.
AIKS Joint Secretary Vijoo
Krishnan, Vice President Sarampally
Malla Reddy, Atul Kumar Anjaan from
AIKS (Ajay Bhawan), AIPSN
Secretary Ramesh, Dr.Amit Sengupta,
Delhi Science Forum, Asim Roy from
NTUI, Yogendra Yadaw from Swaraj
Abhiyan, Prof.Biswajit Dhar from
JNU, Kiran Vissa and Kavita
Kuruganti from Rythu Swarajya
Vedika, Leena from MSF and many
others spoke in the Convention .
A.Prasada Rao from AIKS was
Convenor of the Forum.
AIKS Joint Secretary pointed out
how Indo-Sri Lanka FTA and India-
ASEAN FTA had adversely affected
farmers growing plantation crops like
coffee, tea, pepper, coconut and oilseed
August 2017
like groundnut. Agriculture, dairy
sector, fishing and public health will be
adversely affected and land grab will
be promoted he said. He mentioned that
from a policy of attaining self-
sufficiency in food grains, milk and
oilseeds through Green, White and
Yellow Revolutions the BJP
Government priority has shifted to
ensuring corporate profits and trade
liberalisation which batters peasant
rights in the name of free trade. He
reminded of the 700 km long human
CONVICTION OF MAHESH TIRKI, PANDU NAROTE, HEM
MISHRA, PRASHANT RAHI, VJIAY TIRKI AND GN
SAIBABA
The Gadchiroli sessions court
judgment on Mahesh Tirki, Pandu
Narote, Hem Mishra, Prashant Rahi,
Vijay Tirki and GN Saibaba (all
accused in order) under Sections 13,
18, 20, 38 & 39 of the draconian
Unlawful Activities Prevention Act
(UAPA) read with 120-B of the IPC
goes a long way in the acts of the
entrenchment of a deep national
security state ready to penalize
anything that it seems a threat to the
powers that be. More than the law the
827 odd page judgment is a testimony
of how far the lower courts in India are
easily malleable to the pulls and
pressures of a police state that turns its
back to the merits in the detail of the
case to draw the fine line between what
is primarily and legally beyond
suspicion in the commission of the said
offence to something that is and can’t
stand the rigour of legal scrutiny.
August 2017 beyond the horizon
wall built against India -ASEAN FTA
in Kerala by the Left and Democratic
Front as well as Kisan Sabha, CITU
etc. and called for building such a wall
across India to resist RCEP by uniting
all against it.
A declaration was passed by the
People’s Convention Against Free
Trade Agreements and RCEP which
resolved to fight this mega FTA being
negotiated clandestinely without
consulting States or Stakeholders. A
massive protest on 24th July is planned.
Though this statement does not
intend to do a full analysis of the
judgment it is pertinent to at least point
out a few gross instances of negligence
on the side of the court that would have
had a totally different bearing on the
outcome of the case. For instance:
1. It is beyond comprehension as
to why the learned judge overlooked
the fact that several entries in the
notebook of the Malkhana where the
seized items are kept in sealed covers
with proper entry has been taken out
and alleged seized items from Mahesh
Tirki was taken out at the behest of the
Investigating Officer. It is important to
cite this as the judge has relied a lot on
the seized material from all the accused
for arriving at this conclusion. The
clerk Mr. Ganesh Keshav Rathod who
was working as the Muddemal Moharir
(property clerk) dealing with the
Malkhana admits in cross examination
17
that there is no entry in the Muddemal
registry about the handing over of 3
pamphlets to police inspector Anil
Badgujar and further there are over
writings in the register at two places
which was made by him. He also
admits that there is no mention that the
property was sealed nor about the seal
in the invoice chellan.
2. All the electronic items
allegedly seized from the residence of
GN Saibaba was not sealed and the
defence counsel of all the 6 Advocate
Surendra Gadling has brought this
before the court. The court has also
been shown that no procedure has been
followed when the seized material was
given to the forensic department giving
the police ample space to tamper with
the electronic devices.
3. The police have failed to
produce the location chart of the
mobile devices of Hem Mishra as it
shows clearly where he was arrested
from contrary to the claims of police
that states that Hem Mishra was
apprehended from Aheri, Hem Mishra
was arrested from Ballarshah station
the moment he got down from the train.
4. Prashant Rahi was arrested from
Raipur, Chhattisgarh, but the
prosecution claims that he was arrested
in Deoria, Maharashtra. When he was
given bail the police had on record told
the court that they did not have
anything to oppose his bail.
5. From page 51-69 of the
judgment (para 74-94) the learned
judge strives hard to show that the
confessions made by Mahesh Tirki and
Pandu Narote has weight as reflected
in their sentence meted out to them,
despite the defence counsel in the cross
examination of the JMFC Nileshwar
Vyas admitting that he failed to take
notice of the complaint lodged by the
two adivasis that they were coerced
through violence into making the
confession as he found it unnecessary
having given them sufficient time to
reflect on the same and that the
complaint was lodged subsequent to
the recording of the confession! JMFC
N. Vyas is the same person who had
issued a false search warrant with
which the Maharashtra police raided
the house of GN Saibaba at the
Warden’s Flat, North campus, Delhi
university. That search warrant was too
mysterious as it talked about stolen
property in the house of a wheel chair
bound DU professor!
6. The judgment right from the
first page takes it for granted that
Revolutionary Democratic Front
(RDF) is a frontal organization of the
CPI (Maoist) which is a proscribed
organization. The grounds for such
conclusions are perfunctory as the
learned judge resorts to ideology than
evidence in reaching this conclusion.
Prima facie it is evident that the judge
is overwhelmed by the ideology of the
politics of war on terror and his judicial
mind is affected by the transgressions
of sentiments of a national security
state than the law. It is enough for the
judge that anyone who raises the slogan
of naxalbari ek hi raasta is no less an
agent of the proscribed politics of CPI
(Maoist). That this is a popular slogan
in the parlance of Marxist-Leninist
circles does not dissuade the judge to
reach the final conclusion of branding
RDF as a frontal organization of the to the extent of spreading blatant lies
CPI (Maoist). like GN Saibaba, when asked by the
court if he needed any medical
There are such startling anomalies treatment had submitted that he did not
in the judgment which is beyond the ask for any such requirement! This is
scope of this statement which we would in the context of an additional
definitely bring up later. But at the same application filed by his lawyer
time it was important to show a few Surendra Gadling requesting the court
instances of the intention of the court to consider the fragile health of GN
to overlook the due process of law in Saibaba and ensure the continuation of
the collection of evidence and to arrive medical treatment as he was advised
at scientifically to conclude beyond for further treatment after getting
doubt the magnitude of the offence as discharged recently from a Delhi
spelt out through the sections 13, 18, hospital.
20, 38 & 39 of UAPA read with 120-B Further the media is spreading the
of the IPC. lie that it was based on the confession
As usual a section of the media is of Hem Mishra, that Saibaba was
out to prove how dreaded a person GN apprehended by the police. There is
Saibaba was/is as a professor in Delhi absolutely no such confession made by
University with his links running all Hem Mishra. As pointed earlier it was
over the subcontinent and with a false search warrant issued by
internationally. There is an effort to JMFC N. Vyas that the Maharashtra
demonize him and through that police raided the house of GN Saibaba
whitewash the travesty of justice meted at the Warden’s flat. It is important that
out by the court. This act of all democratic forces raise their voice
demonization picking selectively from against such vilification of the
the judgment where the judge is condemned as only resistance to such
indulging in sensational rhetoric than designs of vilification and
law to deny him the basic rights and criminalization of ideas and
care needed for a ninety-percent associations can ensure justice to
disabled is highly reprehensible. How Mahesh Tirki, Pandu Narote, Hem
can a judge make such sweeping Mishra, Prashant Rahi, Vijay Tirki and
statements in a judgment that can at GN Saibaba.
best only stoke emotions than any
rational feeling when there is a proper Committee for the Release of Political
established international law on the Prisoners
Persons with disabilities not to say
about an elaborate body of legislation New Delhi
on the same in India?! Giving facilities 8 March 2017
to GN Saibaba in prison is not any
special treatment but his basic right as
per the law. The media has also gone

18 beyond the horizon August 2017 August 2017 beyond the horizon 19
 DETERRENCE IS THROUGH PROSECUTION, NOT
THROUGH DEATH SENTENCE
On 5th May, 2017 the Supreme Court
upheld the High Court judgement
giving death penalty to the four
accused in the ‘Nirbhaya’ case i.e., the
brutal gang rape and murder of Jyoti
Singh on December 16, 2012. The trial
and conviction of the guilty in a time
bound manner within four and a half
years, is a welcome step in the context
of the frequent denials of justice to
victims of sexual assault.
However, the sentence of death
awarded by the lower courts and
confirmed by the Supreme Court and
welcomed by many is not a cause for
celebration. PUDR wishes to record its
dissent on the death sentence awarded
to the four accused. At this moment we
want to reiterate that death penalty is
not just barbaric but is not even a
deterrent. Execution of Billa and
Ranga in the high profile rape and
murder case of siblings Geeta and
Sanjay Chopra in 1982, or that of
Dhananjoy Chatterjeein 2004 for the
rape and murder of Hetal Parekh have
not in any way acted as deterrents; if
they had we would neither have the
Nirbhaya case or rape and murder as
an everyday reality before us.
The course of trials and
punishments in similar cases continue
to be discriminatory and arbitrary,
influenced by the social profile of the
victims/ survivors, and of the accused.
In comparison to the Nirbhaya case the
Priyadarshini Mattoo case took
fourteen years to decide, involved
acquittal by the Sessions Court and
20 beyond the horizon
finally resulted in a life sentence. The
investigation, trial and punishment
were all influenced by the accused
being the son of a highly placed police
officer. In the case of gang rape of five
months pregnant Bilkis Bano and
murder of 14 members of her family
including her three years old daughter
during the 2002 Gujarat carnage, the
recent HC verdict underlines the social
and political prejudices at work at
every level. It took two years to get an
FIR filed, fifteen years to secure a HC
conviction, the accused have been out
on parole several times during the trial
giving them ample opportunity to
intimidate and interfere, the case has
had to be shifted from Gujarat to
Maharashtra High Court. What is
needed is to ensure even handed justice
to all sexual assault victims and
survivors by addressing these biases.
Thorough investigation, a fair and time
bound trial in all cases can act as a
deterrent rather than the death penalty.
In fact, harsher punishment makes both
of these less likely.
The Courts, including the apex
court have repeatedly displayed a
tendency to award death penalty to and
make an example of perpetrators
belonging to the most wretched
sections of society, quite often to
assuage a so-called “collective
conscience” which is primarily
masculinist, upper caste Hindu, urban
and middle class. Investigations too
are coloured by this bias. The kind of
miscarriage of justice that can be the
August 2017
result is most apparent in the execution
of Dhananjoy Chatterjee case which
has since been shown to be fraught with
anomalies. Given the fraught history of
implementation of death penalty,
Courts should desist from awarding
rather than justifying death penalty
while summarily dismissing social
conditions as in this case. However, on
the contrary the Criminal Law
amendment on sexual assault in
introducing death penalty on the statute
books has in fact even undone the
‘rarest of rare’ doctrine for award of
death sentence, paving the way for
Courts to summarily award death
sentence in cases of rape and murder.
The Criminal Law Amendment of
2013 made the punishments for sexual
assault more severe. However, this
change in the statute books has not had
the intended deterrent impact. Despite
the amendment and the High Court
verdict of death penalty in Nirbhaya’s
case in March 2013, not only has there
been an exponential increase in number
of reported cases, but more
significantly, the rate of conviction has
actually decreased since. In Delhi in
2014 the conviction rate in rape cases
was 34.5%, in 2015 it was down to
29.37%. In real figures too, the
convictions fell from 747 out of 2166
cases in 2014, to 645 out of 2199 in
2015. More stringent punishments
clearly don’t result in either deterrence
of crime or ensuring justice.
The Justice Verma Committee
report did not recommend death
penalty for rape despite the
overwhelming popular demand. What
it did recommend was the inclusion of
August 2017 beyond the horizon
marital rape, the debarring of
politicians facing trial in cases of
sexual assault from contesting
elections, holding senior police and
defence officers accountable for
custodial rapes by those under their
command. Recognising that crime and
punishment were about power, and
justice in cases of sexual assault was
not possible without addressing social
relations of gender, class, caste and
community, the commission tried to fix
restraints on those wielding power
within the family and the state.
However, while passing the Bill,
Parliament rejected all three of these
recommendations, but introduced
death penalty instead. By doing so the
Parliament lost an opportunity to enact
a more inclusive rape law which could
increase the possibility of justice for
all victims and survivors. The signal
omissions have worked against women
from politically and socially
disadvantaged classes and
communities who are not only the most
vulnerable but also the least likely to
get justice, and worked to protect
certain groups of perpetrators.
The death penalty has been
brought in instead as a supposed
panacea. PUDR appeals to the courts
and to people that the presence of the
death penalty as the highest
punishment in cases of sexual assault
resulting in death should not lead to a
knee jerk reaction as even the existing
law allows for graded punishments. We
would do well to remember that the
fundamentally discriminatory nature of
21
convictions under the death penalty
finally works against the larger
interests of ensuring justice for all
women in all cases of rape irrespective
of the social location of the
perpetrators. In the absence of such
equal access to justice for victims and
accused, the applause in Nirbhaya’s
case can be nothing more than a
cathartic moment – a ritual cleansing
of the collective conscience of a society
that continuously perpetrates violence
against women and then lets the many
THE STATE TAKES CARE OF ITS OWN
Macchil fake encounter
The suspension of sentence and release
on bail by the Armed Forces Tribunal
of army personnel convicted and
sentenced by army court-martial in
2014 for the Macchil fake encounter
of 29/30 April 2010 is yet another
reminder that the armed forces are
protected by the Indian State and
immunity for crimes committed in
Jammu and Kashmir is the norm.
The Indian State has ensured
impunity in Jammu and Kashmir
through draconian laws, a climate of
fear and obfuscation that does not
allow any processes of justice to
function, investigative agencies (local
police and agencies such as the Central
Bureau of Investigation - CBI) that
almost always favour the accused State
forces, and, crucially, a judiciary that
has displayed an unwillingness to
uphold principles of rule of law and
ensure justice. Human rights violations
22 beyond the horizon
guilty off while penalising a few.
PUDR demands:
1. Complete abolition of the death
penalty from all statute books.
2. Immediate commutation of
sentences of all death row prisoners.
3. Stipulating a reasonable period
of incarceration for ‘life
imprisonment’.
People’s Union for Democratic Rights
11th May 2017
in Jammu and Kashmir have been
widespread, systematic and systemic
and the Indian State and its institutions
have ensured impunity.
Court-martial procedures are
opaque and do not provide any role for
the family members of the victims.
Further, court-martials are not the
appropriate judicial forum to prosecute
crimes committed by armed forces
personnel against civilians. Yet, the
executive through their notifications
and actions and judiciary through their
decisions have upheld armed forces
pleas for court-martials when the
victims have clearly demanded trial by
civilian court. The recent decision of
the Armed Forces Tribunal,
particularly the order for bail, suggests
that the accused in this case may well
be acquitted as the Armed Forces
Tribunal Act, 2007, Section 15(3)
Proviso states that bail may not be
August 2017
granted if reasonable grounds of guilt
exist. The Tribunal appears to have
found that such reasonable grounds do
not exist in this case thereby allowing
for release on bail. RTI information on
army court-martials makes clear that
court-martials have essentially served
as a convenient and internal mechanism
to ensure immunity to army personnel
in the few cases where the investigative
agencies have investigated and indicted
specific accused. Through limited RTI
information accessed [after repeated
efforts that illustrates the opaque nature
of the court-martial process], two lists
dated 28 March 2012 and 18 June 2012
pertaining only to the Rashtriya Rifles,
and a separate communication dated 22
June 2012 relating to one Rashtriya
Rifles court-martial, was provided. The
total number of court-martials is: 58.
Based on information provided in the
RTI, except in three cases, there is no
way to discern whether these court-
martials relate to violations against
civilians or other army personnel. But
based on other available information it
appears only a total of five cases in
these lists relate to crimes against
civilians. Only NINE officers appear
to be involved in all these court-
martials. Further, what is clear is that
of these 58 cases, 20 appear to be quite
clearly related to more minor crimes.
Of the remaining 38 cases, appropriate
conviction/punishment appears [as
there is no record to analyse] to have
been provided in only 21 cases. Of
particular note are two cases of rape,
one against Captain Ravinder Singh
August 2017 beyond the horizon
Tewatia [for the rape of mother and
daughter in February 2000 in Banihal],
and the other against Major Rehman
Hussain [for the rape of mother and
daughter in November 2004 in Badra
Payeen]. Captain Tewatia was
convicted by the court-martial and
sentenced to imprisonment for seven
years. Major Hussain was dismissed
from service as he was reportedly only
convicted for outraging the modesty of
the victims. Both accused challenged
their decisions in the High Court of
Jammu and Kashmir and received
verdicts in their favor. While the
Captain Tewatia case is still pending
further legal challenge, Major Hussain
has reportedly returned to service. A
high profile case – the Pathribal fake
encounter case of 2000 where five
civilians were killed and shown as
militants – clearly illustrates the
prevalent impunity. The CBI filed a
charge sheet and this was challenged
by the army and the Supreme Court
directed that a trial be conducted and
gave the army the option of holding a
trial by court-martial. But, rather than
hold a court-martial, the army held a
“summary of evidence” and closed the
case concluding that there was no
connection between the accused army
personnel and the crime. The families
of the victim have once again
approached the Supreme Court in this
case.
The story of impunity that emerges
from the history of court-martials in
Jammu and Kashmir is similar to the
record of other State institutions. The
23
investigating agencies, including CBI,
have rarely carried out fair and proper
investigations. In the few cases in
which such investigations have been
carried out, the executive or judiciary
have intervened by denying sanction
under AFSPA or by allowing a court-
martial (examples: Pathribal fake
encounter of 2000 and Zahid Farooq
killing of 2010). Similarly, in the rare
cases where the judiciary has passed
stringent directions, the executive has
ignored or delayed execution of these
orders and the judiciary has refused to
take action and ensure that justice is
done. Meanwhile, the executive –
specifically the respective
governments in power – have limited
themselves to rhetorical statements and
the constitution of Commissions of
Inquiry or magisterial enquiries that
have either carried out no inquiries or
been shelved by the governments
subsequently, or, as in the case of the
ML Koul Commission constituted to
enquire into the 2010 killings, the final
report is not even made public.
In the present context, JKCCS re-
iterates its demand for access to be
allowed to international institutions,
particularly the UN High Commission
for Human Rights, to investigate
human rights violations in Jammu and
Kashmir.
Jammu Kashmir Coalition of Civil
Society
28 July 2017
24 beyond the horizon
NEPAL: KEY ISSUES AND
CHALLENGES OF SDGs
Frequent changes in government
leadership: National Planning
Commission (NPC) is the lead agency
of the Government for SDGs
implementation, and Prime Minister is
beyond the horizon the Chair of it. Frequent changes in
leadership and senior officials in the
government are challenges for overall
Online Partner progress including the preparedness,
ownership and for coordination. There
is limited buy-in from NPC to the works
that were done by earlier team(s). This
has been further destabilizes with
political instability (frequent changes on
government), delayed in
implementation of constitution and
election of local governments, state
legislature and new federal legislature.
Absence of high level multi-
stakeholder institutional mechanism:
Government formed three high level
committees namely National Steering
Committee, Implementation
visit
Coordination and Monitoring
Kangla Online Committee, and nine Thematic Working
Groups to rollout and implement the
SDGs. But, all these committees do not
at
contain any provision for ensuring
www.kanglaonline.com institutional representation of CSOs and
other stakeholders. Government of
Nepal does not demonstrate any reliable
basis for inclusion of diverse social
groups who remained outside of the
development mainstream for long;
among the leading CSOs of other class
and communities, in line with the spirit
of “leave no one behind” as enshrined
in the 2030 Agenda. Provision of
representing from three umbrella
August 2017 August 2017 beyond the horizon
organizations of business sector
demonstrates that the Government’s
focus is much more on private sector
engagement.
Absence of mechanism at local
and province level: Though national
level structures are created at three tiers,
it is not yet clear how it is links with
sub-national government structures and
how it ensures implementation of SDGs
at local levels. The current elected local
government leaders are not well trained
and educated on the SDGs and their role
for the implementation as the local
authority.
Lack of disaggregated data:
Usually the data we received from GoN
and other stakeholders show what
Nepal has achieved so far is not enough.
The principle of ‘Leave no one behind’
requires disaggregated data for every
level and if number of indicators is
expanding, it becomes almost
impossible to generate data for each and
every indicator.
Absence of national
implementation SDGs strategy:
There is urgent need preparing SDGs
based long term national development
strategy and periodic plans. But, for this
strong coordination with and among
ministries and key development actors
should be effective. Implementation
approach should be inclusive,
participatory, Human Rights based and
integrated.
Localization of SDGs: There is
urgent need to localize SDGs – from
international to national and from
25
Federal to Provincial and Local Levels.
Targets and indicators to be localized
at Provincial and Local Levels - as
many SDGs are to be implemented at
Provincial and Local Levels. In the
localization process, targets and
indicators have to be matched. There
are 40 women related targets and 50
indicators.
SDGs implementation
guidelines: Provide clear pathways for
integrating SDGs into development
plans and annual budgets. As the
provincial and local governments do
not have periodic plans,
implementation rigor, or capacity to
implement.
Enabling environment: Creating
adequate enabling environment and role
for all developing and developed
countries, national and international
agencies, domestic stakeholders such as
CSOs, cooperatives and private sector.
It is concluded that the civic space has
been shrinking in last few years and
operating environment for NGOs has
been degrading to some extent.
Balance among the Goals: SDGs
and their targets are ambitious. Most
goals are interdependent, and some are
foundational to achieving other goals.
Not everything can be done at once,
neither all are equally relevant and
important for Nepal. But, need to keep
in mind, SDGs are integrated,
indivisible and balance of three
dimensions of sustainable
development. Gender equality and Goal
17 are cross-cutting agendas. But,
peace, access to justice, good
governance, human rights, democratic
and inclusive institutions and decisions
proposed by Goal 16 are equally
relevant to the other goals. Prioritizing
the targets within each goal is needed
in such a way that all stakeholders agree
in the process and outcome of
prioritization and all contribute to
achieve the goals and targets selected.
Therefore, attempts should be made to
achieve all goals and targets in a
collaborative and coordinated ways
across different sectors.
Managing resources: Resource
mobilization by all stakeholders–
financial, human, technological &
managerial is crucial issue. Seek
commitment for higher level of
development cooperation from
development partners. Mobilization of
diverse domestic resources and
promotion of South-South, triangular
and regional cooperation is essential
rather depending merely on traditional
North-South mode of cooperation.
While Nepal is short of means of
implementation (finance, technology,
capacity building and trade) for
effective implementation of SDGs from
global perspective, the same is
applicable in federal government and
province and local governments as
these are being constituted recently and
may have several limitations to
implement SDGs. So, the federal
government has to support the sub-
national government and other
stakeholders in leveraging means of
implementation.
Motivating private sector: SDGs
focusing on infrastructure require huge
investment as already shown by various
studies. So, there is a big role of
innovative financing mechanism and
financial markets in the private sector.
Inter government agency
coordination and synergy: some of
the ministries and departments are not
working in harmony in terms of
implementing SDGs, so there is a need
to have strong coordination and
synergistic relationships.
Data gaps: There is no nationally
owned survey after 2011, so planning
is to be based on the old data, including
setting SDGs indicators. In absence of
reliable data, some of the data in the
indicator table may remain unfilled.
Question of ownership: Though
the NPC of the GoN is seen as a focal
agency to coordinate and ensure
implementation of SDGs in Nepal, the
question still remains on the degree of
seriousness and level of ownership even
within the government’s different
agencies. SDGs anticipate pro-active
engagement and synergy among
executive, legislative and judiciary
system as well.
Question of multi-stakeholder
coordination: Coordination among
local partner (line ministries, UN
agencies, IFIs, IDPs, INGOs, CSOs,
cooperatives, media etc.) is still
challenging. It is seen that line
ministries are working on their own. UN
agencies are engaged with respective
line ministries with their own agenda.
For example: UNESCO is working
directly with ministry of education,
UNFPA with ministry of health and so
on. Donors also have their own interest
and there is no single window to
oversight the process of how donor’s
investment is consistent with SDGs and
what have been the outcomes. There is
also a challenge to consolidate
achievements and learning from NGOs
and INGOs. Thematic working groups
need to be effective to coordinate the
works of all public, private and CSOs
and guide, monitor and consolidate.
This requires strengthening system and
building capacities as well as wider
ownership to the process. (The key
question is: As CSOs are not part of
the working group, how do they own
the process??)
Integrating SDGs in periodic
plans: 14th periodic plan is consistent
with SDGs. Now the challenge is to
bring this consistency throughout in
annual plans, budget and monitoring
mechanism not only at federal but also
at province and local government
levels.
Federalization of governance
system: With the ongoing state
restructuring process, some sectors
such as education and health have been
devolved with full authority to the local
government. Local government is being
elected. There is a need to establish
multi-stakeholder structures also at
province and local levels (district)
consistent with the central level
processes to oversight local level
coordination, planning, budgeting,
implementation, and monitoring.
M&E System: Aligning National
Monitoring and Evaluation Systems
with SDGs targets and indicators.
Source: Connecting People for
Development Justice. Civil Society Report
on Implementation of SDGs in Nepal
2017. NGO Federation of Nepal: July
2017

26 beyond the horizon August 2017 August 2017 beyond the horizon 27
 PHILIPPINES: ATTACK ON LUMAD
Military Operations Force 424 Lumad Households from
Nine Communities in Lianga, Surigao Del Sur to Evacuate
Surigao del Sur – About 424
households with 2,047 individuals
from nine (9) Lumad communities in
Lianga were forced to leave their
homes after a bomber plane was seen
circling their mountain communities in
the middle of the night yesterday, July
5, 2017.
Around 200 students of the
Alternative Learning Center for
Agricultural and Livelihood
Development (ALCADEV), Inc. and
43 volunteer teachers of five (5) Tribal
Filipino Community Schools run by the
Tribal Filipino Program of Surigao del
Sur, also evacuated. A total of 633
Lumad students are affected with the
suspension of classes due to the
evacuation.
Military troops belonging to the
75th IBPA, 36th IBPA and 6th Special
Forces Battalion, have been conducting
military operations in the Lumad
communities of Lianga, San Miguel
and San Agustin, Surigao del Sur since
July 3, 2017. A stricter military
checkpoint was placed in front of the
military detachment in Post 1, Brgy.
Diatagon, Lianga, requiring residents
and visitors to the schools to show their
ID or write their names in a logbook
since President Rodrigo Duterte’s
Martial Law declaration last May 23.
The 9 communities currently
dislocated just started rebuilding their
farms, homes and schools after they,
28 beyond the horizon
along with 17 other Lumad
communities, were forced to evacuate
for a year in Tandag City last
September 1, 2015 after the killing of
Malahutayong Pakigbisog Alang sa
Sumusunod (MAPASU) chairperson
Dionel Campos, Kiwagan Datu Juvello
Sinzo and ALCADEV Executive
Director Emerito Samarca. The
massacre was perpetrated by members
of a paramilitary group who were then
accompanying operating troops of the
75th IBPA.
In 2015, while in evacuation, 11
Lumad school volunteer teachers and
community leaders were charged with
cases of Human Trafficking (Violation
of RA 10364 Section 4 (i)) at the
Lianga RTC Branch 28.
The evacuees, are curently staying
at the Simowao Tribal Community
School located about 9 kilometers from
the national highway and poblacion of
Brgy. Diatagon.
Karapatan Alliance for the
Advancement of People’s Rights -
Caraga’s
July 6, 2017
August 2017
INDONESIA: THE WOMEN’S STRUGGLE IS REBORN IN
WONOSOBO
On Sunday, July 9th, 2017, more than a
hundred women met in Purwojiwo as
part of the process of rebuilding
SERUNI in Wonosobo. Women
movement had previously been
involved in the forest conflict that
opposed the peasants to the government
between 1999 and 2006. In 1999, the
forest that surrounds Sapuran Village
were declared part of the property from
Ministry of Forestry – entering the
forest, taking wood, and growing seeds
became a crime. To defend their land
and livelihoods, the women confronted
along with the men, the police, and the
military until they gained the right to
access the forest. While Wonosobo has
become an inspiration for other
ongoing forest conflicts throughout
Java and Indonesia, the movement of
peasants and women slowed down. The
recent events have reawakened the long
living struggle.
For the First Congress of SERUNI
on April 29th-31st 2017, Mbak
Susianti, 17 years old, who also leads
the youth organisation “Pedas”
(Pemuda Desa – The Village Youth,
which translates “Spicy” in English)
was appointed responsible for the
region of Central Java. The holidays
created the occasion to bring together
women who don’t often have the
chance to meet. Together with Mbak
Rama, part of SERUNI National
Committee, and other young women,
they organized a first event for Halal
August 2017 beyond the horizon
Bi Halal, on July 3rd, which gathered
around 30 women. While the event was
originally planned in an informal way,
it created such enthusiasm that women
decided to build SERUNI again. A
second meeting was held this July 9th,
with the objective of gathering a wider
basis. For the occasion, Mbak Nur
Syamsiyah, part of SERUNI National
Committee, came to bring further
support.
The meeting was organized
around 6 points. It was led by Mbak
Yanti, an ex-migrant worker, who was
elected to preside this meeting. First,
Ibu Mesiah recalled how SERUNI
previously existed in Wonosobo,
refreshing the memories and bringing
them back to life. Then Mbak Susianti
spoke about the Congress of SERUNI
– to show how, what is being built
today, here in Wonosobo, ties into a
wider women’s movement that
mobilized for the Congress 15 districts
of Indonesia. The mic was then given
to Mas Mahmud – formerly part of the
student organisation FMN (Front
Mahasiswa Nasional) and now head of
AGRA Wonosobo, he has been living
with the peasants of Wonosobo for
about 4 months. He showed the support
of AGRA for women’s organisation,
which are always linked to a wider
political and economic struggle over
land. Fourth, Mbak Nur Syamsiyah,
active in SERUNI since its very
beginning in 2006, shared with Great
29
Spirit the vision of SERUNI and the ADB’S 50 YEARS GREETED
importance of women to self-organize
WITH NATIONWIDE
on a local basis and through national
coordination. Fifth, one of the local
PROTESTS IN INDIA
representatives promised to reopen to “From where the poor vendor will pay
pre-school that had been closed for a a penalty of Rs. 500 for selling their
year, to the great disappointment of the goods when they are there to sell goods
children and the women of Purwojiwo. worth less than 500 every day to early
Finally, a new board was elected to their daily bread,” Anita Das, General
prepare the next meeting that will be Secretary of All India Women’s
held two weeks from now, on July 16th Hawkers Federation, angrily asks
2017. referring to the steps being taken by the
local governments to implement Smart
The next step is to keep expanding
City and other city ‘beautification’
the number of women involved in the projects, which are being financed by
reconstruction of SERUNI. A new the Asian Development Bank (ADB)
program is also being built, with a list and other International Financial
of ideas and people that can Institutions (IFIs).
consolidate local economy, culture, and Das is among the thousands of
solidarities. The region is filled with people who have gathered in many
creativity. Most of women produce places of India during this week to
tikar mendong, and cook an incredible commemorate the 50 years of ADB.
The people are raising issues related to
number of snacks – with names and
the lack of transparency and
shapes inspired by the nature that accountability, and the impunity
surrounds them – out of their enjoyed by these institutions. These
vegetables and fruits. There are also events are being organised parallel to
strong local traditions of dance and the official ADB anniversary
music. The women are now getting celebrations coinciding their annual
inspired by everything they already meetings held currently at the
have, to see how it could be used to Yokohama, Japan.
consolidate their ongoing movement. These programmes are being held
by the organisations and mass-
movements like National Hawkers
Noted by: Kassia (mahasiswa S3 Perancis,
Federation, National Fish-workers
mengambil riset tentang gerakan
Federation, National Alliance for
perempuan)
People’s Movements, Environment
Support Group, Delhi Solidarity Group,
Source: ILPS
Bargi Dam Displaced and Affected
Association, Jharkhand Mines and Area
Coordination Committee, Chhatisgarh
Nagarik Manch, Machimar Adhikar
Sangharsh Sangathan and many others
across the country. The programmes
30 beyond the horizon August 2017
organised by the abovementioned
organisations are taking place during
this week in the heart of metros like
Kolkata and Bangalore to the remote
parts like that of villages in Belghana
Block of Chhattisgarh. Throughout, the
common thread is anguish against the
development model being peddled by
the IFIs and lapped up by the respective
governments which will have far greater
repercussions than imagined.
In the cities like Ranchi,
Secundarabad, and Kolkata, where
National Hawkers Federation has
organised many actions of resistance -
ranging from human chains,
demonstrations to public meetings- to
raise voices against the forced eviction
of the hawkers and roadside vendors.
Das, who is the General Secretary of
the All India Women’s Hawkers
Federation, tells that the city
administrations in the name of
beautification and smart cities are
harassing hawkers. “From last some
time, they are being jailed for days and
charged with the provisions of deterring
public servant from discharge of their
duty,” she lamented.
Whereas, in the buffer zone of the
Achanakmar Tiger Reserve in
Chhattisgarh the people protested at the
Belghana Block of Bilaspur district
under the leadership of Susheela Baiga
and Indumati Uraon against the
displacement, social alienation caused
by the construction of the dam and other
infrastructure projects in the buffer zone
of the protected area. “The villagers are
angry as they are being displaced while
the tourism industry is promoted in the
region,” says Devjeet Mandi, co-
convenor of the All India Forest
Movements Forum, who is also part of
this movement.
August 2017 beyond the horizon
In Jammu and Kashmir, where
many projects are underway, the people
organised meeting and demonstration
at Kathua, Jammu, Chinai, Battote,
Bhadarwa, Doda and Rajouri and
raised the social and environmental
impacts of the projects being run or
proposed in the state. Dr Sunilam,
national convenor of the National
Alliance for People’s Movements, who
was present in these programmes,
shared his thoughts on the privatisation
of water and electricity saying
“privatisation has increased the rates of
electricity and water.” The programmes
were also addressed by Mr Abdul
Rehman, a former Member of
Parliament, linked the loans with the
increase in the inequality and poverty.
Apart from the above-mentioned
states, the programmes were also
organised in Andhra Pradesh, Jaipur,
Telangana, Madhya Pradesh,
Rajasthan, Odisha, Uttar Pradesh,
Assam, Manipur, and many other
states. These programmes, coordinated
by the Peoples’ Forum Against ADB,
are part of the over 120 actions of
resistance being organised, on the
current week i.e. May 1 – 7, 2017,
across 21 states of the country to
highlight the gross human rights
violations, loss of livelihood, and
environmental destructions caused by
the ‘development model’ being pushed
by ADB and other international
financial institutions (IFIs).
Ankit Agrawal
Centre for Financial Accountability
New Delhi:
May 5, 2017
31
 THE CALIFORNIA INDEPENDENCE MOVEMENT
STEPS FORWARD
Since my son Casey was killed in Iraq
on 04/04/04, I have consistently taken
steps to remove myself from the
government of the USA: I stopped
paying income taxes (how can I fund
more murder after I essentially funded
the murder of my own son?); I sold my
car; dumped my house; and vocally
oppose just about everything America
does. Unfortunately, I still have a US
passport and I feel like, not only do I
want to live in California, my surviving
children (5th generation Californians)
and my five grandchildren (6 th
generation Californians) live here, so
I feel I need to live here.
Also, why should I be forced to
“love it (the US) or leave it?” Mostly,
almost all the people who can afford
to be so mobile and move around the
world are the people who create
untenable living conditions for the rest
of us.
Having written the above, you can
imagine that I was extremely excited
when I saw that there was a renewed
interest in California Independence! I
quickly contacted leadership of the
movement and became involved
myself and am now on the board of the
California Freedom Coalition.
On May 19, 2017 about two-
dozens of us joyfully, yet with a sense
of gravitas, filed paperwork in
Sacramento at the office of the
Attorney General to put California
Independence in front of Californians
in the form of a ballot initiative.
Currently, we are awaiting approval
from the AG of California to begin
collecting signatures.
As with the first American
Revolution in 1776 (an effort which
few colonists supported, at first, so the
“Patriots” also had to wage a battle to
win the “fence-sitters” over), it has
become “self-evident” to some of us
here in California that the US
government (USG), way across the
country in Washington, DC does not
represent us, or our values, in anywhere
near a competent, or even, humane
way. We feel like we are treated as
vassals to unrestrained capitalism and
war.
Even California’s federal
contingent that are sent to DC by the
people of the state are a club of
millionaires who have lost touch with
California and the average Californian.
How else are reps like Sen. Dianne
Feinstein (D) and Nancy Pelosi (D)
able to constantly vote for wars, war
funding, and work diligently to protect
the out of control US regime and
corporate interests?
While California is one of the
leading economies in the world, there
is still an appalling unemployment and
homeless problem. Following the
trajectory of the US, California’s good,
manufacturing jobs have fled for
greener pastures and what’s left for us:
service jobs or the military.
Californians send billions to the USG
to support US military adventurism,
and while we mostly don’t support the
wars, our young people and families
pay the highest and irredeemable prices
in war deaths, injuries, and the deepest
cut: suicide.
If left in the Republic of
California, what we here in the state
could do with our human, natural, and
financial resources, is almost limitless.
I grew up in a California that took
education and enrichment of its young
people seriously! Compared to when
my own children started public school
in California and everything extra was
fee-based, the teaching of the “three
r’s” was exemplary, and the subjects
that make a student well-rounded like
music, theatre, art, summer school,
field trips, and driver’s ed were free and
accessible to everyone.
Also, quite extra-ordinarily, state
colleges and universities were tuition-
free up until the Ronnie Raygun era.
Our energy is extremely left-wing and,
regarding education, we only want what
we had before: fully-funded and quality
public school education.
Similarly, the potential of a free
California to lead the world in peace,
education (the wealthy state of
California consistently rates in the
bottom 10% in education in the US),
meaningful and full -employment with
good wages and benefits, sustainable
energy production, clean agriculture,
clean water, clean air, etc.
We, the patriots and matriots of
Californian Independence not only
want a healthier country to live in, we
also feel that if California does become
independent from the bloody US
Empire, it would ultimately deal a
death blow to that Empire. Without
California, the US will have to scale
back its sick habit of regime change/
carnage around the world, or perish. I
would rather have the US voluntarily
follow California on a much more
peaceful and sensible path for
humanity, but if it perishes, that is fine,
too. Anything to stop the Empire’s
reign of terror around the world.
This is in no way a right wing
“Free State of Jefferson” movement
(CalSplit vs. CalExit) that seeks to add
another state to a nation that has,
beyond a shadow of any doubt,
demonstrated its psychopathic
tendencies. We don’t advocate for an
independent California to further
separate the rich and the poor, but to
retain the beautiful diverse nature of
our state; and to elevate everyone in
equality and prosperity (some people
will have to de elevate, but, that’s only
a matter of time, too).
We in the movement also
recognize that under a complete
Democratic majority since Jerry
Brown was re-elected as Governor in
2010, that few things have improved
for we the people. Brown and the other
Democrats seem to be in the back
pockets of big oil, big pharma, private
prisons, charter schools, and war
profiteers. The Democrat majority in
Sacramento (every state office and
majorities in both the Senate and

32 beyond the horizon August 2017 August 2017 beyond the horizon 33
legislature) allows the US Empire to
maintain at least 50 military
installations in California and
California leads the nation in the
export of death and destruction in the
form of aerospace and defence
industries. A free California could lead
the world in re-tooling industries to
(for example) create and maintain
sustainable, clean forms of energy
production and other healthy
endeavours.
Consequently, this is also not a
“liberal” initiative that only wants to
skedaddle because Trump is the
current CEO of Murder, Inc; only to
return to again beg for scraps from our
“master’s” table when a Democrat
once again assumes that position. This
is a bi-partisan effort that strives to
leave the divisions of the US behind
and join together as Californians of all
demographics to put the power and
future of California where it rightfully
belongs: in our hands and in our
communities.
To succeed, this effort must be
diverse, wide-reaching, inclusive and
we must be able to unite all workers
against two common enemies:
capitalism and it’s decaying, end-state,
Imperialism, which are embodied in
the United States of America.
I was honoured to be asked to sign
the “California Declaration of
Independence,” and the significance of
this was not lost on any of us.
We are working hard for success
and we all know that it will happen and
it will be good for everyone (except
34 beyond the horizon
the 1%, at first), but we wondered how
did the signers of the Declaration of
Independence feel on the sweltering
day (it was also hot in Sacramento on
19 May) of 4 July, 1776? I am sure,
like we, they were optimistic, excited,
and a little fearful of what terror would
be unleashed by the major Empire of
that day.
Nothing can be achieved without
people willing to take the risks of
ridicule, demonization,
marginalization, or worse. We won’t
become free until we demand freedom.
As the great abolitionist Frederick
Douglass stated in 1857, “power
concedes nothing without a demand.”
As we commemorate the 100 th
anniversary of the Great October
Socialist Revolution in Russia, we must
emulate the courage of the leaders and
workers of that righteous struggle.
Some things are worth fighting for and
the very future of sustainable life on this
planet.
Cindy Sheehan
Source: Ray O’ Light Newsletter,
Publication of the Revolutionary
Organization of Labor, USA, July-August
2017, Number 103
Note: “On November 21, 2016, the Yes
California campaign submitted an initiative
for signature gathering, with an amendment
sent later on December 23 to correct a typo.
If passed by voters in November 2018, it
would repeal Article III, Section 1 of the
California Constitution, which states
California is “an inseparable part” of the
August 2017
U.S., and require an independence
plebiscite to be held on March 5, 2019 on
the question of California’s independence,
the passage of which would require at a
minimum 50% voter turnout and 55%
voting yes. If the 2019 independence
referendum passes, the Governor of
California will then also be required to
apply for California to join the United
IPMSDL PARTICIPATES
IN ALTA CONFERENCE 2013
June 12, 2013, Alta, Norway - The
Indigenous Peoples Movement for Self
Determination and Liberation
(IPMSDL) joined over 600 indigenous
peoples worldwide that gathered here
from June 10-12, 2013 for the Global
Indigenous Preparatory Conference on
the World Conference on Indigenous
Peoples (WCIP) 2014, also known as
the Alta Conference. Hosted by the
Sami Parliament of Norway, the Alta
Conference aims to provide a platform
for indigenous peoples (IPs) to
collectively discuss and unite on the
issues and recommendations to the
WCIP 2014.
The Alta Conference will result in
an outcome document which will serve
as the official statement and position
of indigenous peoples worldwide that
will be forwarded to the High Level
Plenary Meeting, known as the World
Conference on Indigenous Peoples in
September 2014 in New York.
“Among the current discourses at
the international level that indigenous
peoples have to engage is on
development processes, particularly on
August 2017 beyond the horizon
Nations. On January 26, 2017, the office
of California Secretary of State Alex
Padilla gave its approval for the signature
gathering process to begin, and supporters
now have until July 25, 2017, to get the
signatures of at least 585,407 registered
California voters for the proposal to
qualify on the 2018 ballot”. https://
en.wikipedia.org/wiki/Yes_California
Aid and Development Effectiveness
that is closely linked to sustainable
development and on the Post-2015
development agenda. It is important for
Indigenous Peoples to participate in
development discourses and processes
as we have very limited access to
development while we are among the
most affected peoples on the projects
where funding is directed,” said Mr.
Windel Bolinget, IPMSDL
Spokesperson and Chairperson of the
Cordillera Peoples Alliance (CPA).
In between official sessions of the
Alta Conference, caucuses and side
events were organized to discuss
specific themes relevant to Indigenous
Peoples. IPMSDL has organized a side
event entitled Indigenous Peoples’
Workshop on Aid and Development
Effectiveness to take place in the
afternoon of June 12, 2013 at the
Brattholmen, Finnmark University
College, Alta. This side event is part
of the series of workshops successfully
conducted this year on Aid and
Development Effectiveness. The first
one was held in Baguio City,
35
Philippines in April, and another
activity was held as a side event during
the UN Permanent Forum on
Indigenous Issues Twelfth Session in
New York in May. With IPMSDL,
these activities are organized by the
Asia Indigenous Peoples Pact (AIPP),
Asia Pacific Indigenous Youth
Network (APIYN), Cordillera Peoples
Alliance (CPA) and the CSO
Partnership for Development
Effectiveness (CPDE). The Saami
Council is co-organizing the side event
in Alta, Norway, while Land is Life co-
organized the side event during the
UNPFII in New York.
On the first day of the conference
on June 10, IPMSDL Secretariat
member Ms. Marifel Macalanda of the
Asia Pacific Indigenous Youth
Network (APIYN) presented the
experiences and perspectives of
indigenous youth on the UN
Declaration on the Rights of
Indigenous Peoples (UNDRIP) in a
side event on Realization of the
UNDRIP in Asia which was organized
by the Asia Indigenous Peoples Pact.
On June 11, IPMSDL
Spokesperson Mr. Bolinget, presented
the experiences of IPs in the
Philippines on business and human
rights in during a side event entitled
UN Guiding principles on business
and human rights, Indigenous Peoples
and business organized by the UN
Working Group on Business and
Human Rights. The concerns raised in
this side event were presented in the
plenary session of the Alta Conference.
36 beyond the horizon
The IPMSDL is a global
movement of grassroots-based
indigenous peoples organizations,
communities and advocates found in
different parts of the world, that aims
to fight for the recognition and respect
of all our inherent rights as indigenous
peoples to land, life, self-
determination, liberation from State
oppression and human rights
violations, and social justice. CPA and
APIYN currently compose the
secretariat of IPMSDL.
IPMSDL members and other IP
organizations who are participating in
the Alta Conference will convene later
today to discuss and unite on strategies
in advancing urgent IP concerns on our
self-determination as indigenous
peoples such as the issue on
development.
Reference:
Mr. Windel Bolinget
Spokesperson, IPMSDL
Chairperson, Cordillera Peoples
Alliance
August 2017
MARCH FOR SCIENCE, THE ENVIRONMENT,
AND THE PEOPLE!
Resist Imperialist Plunder, Environmental Destruction,
and Deceit!
The people and the planet are now
more than ever facing grave threats
from the voracious thirst for profits
and plunder by multinational and
transnational corporations, and
their financial institutions that
embody the global monopoly
capitalist system.
US President Donald Trump,
true to his character as a monopoly
capitalist drummer boy and
mouthpiece, is now pulling out all
the stops in blurring, if not outright
erasing, the reality of the global
climate crisis. In his first week in
office, a gag order was issued
preventing federal agencies such as
the Environmental Protection
Agency from publicly disclosing
research findings. What used to be
publicly available government data
on environment and climate change
is being removed from agency
websites and data repositories.
Now, the U.S. administration under
Trump is backing the Keystone XL
and Dakota Oil Access Pipeline
projects, withdrawing from
commitments to the Green Climate
Fund, and dismantling regulatory
frameworks and policies related to
August 2017 beyond the horizon
climate change and environmental
protection.
Trump, a multi-billionaire
businessman with millions of
dollars in investments in oil and gas
industries, is a desperate face of
U.S. imperialism. Unable to rule in
the old way amid public rage over
human and financial costs of the
U.S. war machine, the mortgage
meltdown, loss of social
protections, and a weakening
economy kept alive by foreign
loans and precarious financial
speculation, Trump won a
contested US vote amid promises
of economic protectionism,
crackdowns on immigrants and
minorities, and a “safe”
conservative rule. Now in power,
he and his cohorts are wielding
alternative truths like holy gospels
to remove restrictions on US oil
and gas production.
These recent events are
prompting scientists and
environmental defenders to stand
side by side with marginalized
peoples of the world in
condemning climate change denial
and the continuous violation of
37
peoples’ fundamental right to a We are now at a crucial point CRITICISM AND CONSTRUCTIVE SUBMISSION
safe, clean, healthy, and sustainable of struggle. Today, as we REGARDING THE STUDY ON TREATIES, AGREEMENTS
environment. commemorate Earth Day, a March AND OTHER
We believe that scientists from for Science will be held worldwide CONSTRUCTIVE ARRANGEMENTS BETWEEN STATES
across the world must forge a by the scientific community and the
AND INDIGENOUS POPULATIONS Part I
strong alliance not only with fellow people against US imperialist
scientists but also with the people exploitation of global resources, March 1999
suffering from the impacts of climate change denial,
Respectfully submitted problems inherent in the domestication
imperialist plunder and monopoly environmental plunder, and the
process of indigenous issues.
capitalism. Scientists must unite continuous violation of people’s To: Mr. Miguel Alfonso Martínez Two significant questions are
with the broadest sections of the rights. Special Rapporteur to the Sub- notable: The first is the re-opening of
society who are disproportionately March for Science, March for Commission on the Prevention of the question of identification and
affected by climate change, and the People! Discrimination and Protection of identity of indigenous peoples
together, work for meaningful, just, Minorities, Commission on Human specifically as the Special Rapporteur
and truly sustainable changes in the ILPS Commission 13 Rights has indicated, in the Asian and African
current economic and social order. April 22, 2017 contexts; The second is the question
By: -CORE (The Centre for of domestication of indigenous
Organisation Research & Education, peoples’ issues. A just and honorable
Manipur), YAISKUL, IMPHAL States policy towards all issues in
795001 MANIPUR, INDIA which indigenous peoples are
concerned is certainly critical to the
SUMMARY survival of indigenous peoples and the
This submission to the Working Group enhancement of their human rights.
on Indigenous Populations is in However, appropriate international
response to the invitation for mechanisms and platforms must be
Read constructive criticism, comments and created for a negotiated resolution of
REVOLUTIONARY DEMOCRACY further information for the study on controversial and contested issues,
treaties, agreements and other where States positions conflict with or
constructive arrangements between impinge upon the rights of indigenous
Revolutionary Democracy is a half-yearly theoretical and
States and indigenous populations. peoples. As the Special Rapporteur
political journal printed and published in April and September
We mention in particular the himself repeatedly asserts, the
from India. It contains materials on the problems facing the Special Rapporteur’s consistent effort domestic relationship of indigenous
communist movement, particularly relating to Russia, China throughout the study to adhere to the peoples with States is unequal and
and India, the origins of modern revisionism, the restoration of existing international human rights fraught with potential for conflict even
capitalism in the USSR and developments in the international standards, including the draft United where this does not already exist.
communist movement. Nations Declaration on the Rights of On the other hand, the study
Indigenous Peoples, his insightful discusses as major finding a “process
www.revolutionarydemocracy.org/ perspective of indigenous peoples as of retrogression” for the status of
sovereign peoples and nations and the indigenous peoples’ sovereignty and

38 beyond the horizon August 2017 August 2017 beyond the horizon 39
nationhood. The examination of this
process upon which hinges the lives of
indigenous peoples today does not
clearly identify nor enunciate the
process of re-colonization of
indigenous peoples and nations by
successors of European colonial
governments in Asia and Africa. This
aspect of the study’s lacunae needs no
emphasis as it strongly impinges on the
foreseeable and natural extension of
the study’s potential utility in a process
of reversal and re-recognition of
indigenous peoples’ distinct
collectivism as sovereign nations.
This submission further reiterates
the situation of indigenous peoples of
Asia, and describes a typical case, from
the North East region of India, the
peoples of the indigenous sovereign
nation of Manipur. We describe the
process of treaty making that resulted
in British colonial domination over an
indigenous sovereign nation, the
international protectorate status of
Manipur at the turn of the 19th century,
the events of 1947 that saw a lapse of
British paramountcy in South Asia and
re-emergence of independent
indigenous governance processes, the
re-colonization process, in 1949, by the
successor government of India and the
consequences of this aggression.
While the conclusions arrived at
in the Special Rapporteur’s unedited
version of his final report are in general
excellent, we would like to add that
these conclusions should be applied
with situation specificity, to the issues
confronting Asian and African
40 beyond the horizon
indigenous peoples, without prejudice
or discrimination.
Furthermore, with the Special
Rapporteur’s own admission to the
extreme paucity of information from
Asia and Africa, and subsequent
omission of a thorough appraisal of the
indigenous problematique in these
continents, we submit that the study
should not be treated as complete until
these lapses are satisfactorily attended.
Further to the recommendations of
the Special Rapporteur, we would like
to add the following:
1. The case study on Manipur
provided in this submission should be
accepted as pertinent and included by
the Special Rapporteur in the study on
treaties, agreements and other
constructive arrangements between
States and indigenous populations, as
a representative case from Asia.
2. The unedited report should be
finalized without further delay.
However, a supplementary study and
report on the situation of Asian and
African indigenous peoples that
examines with the same attention,
fairness and thoroughness shown to
other regions of the world, and evident
in the report, must be conducted and
added before this study is considered
complete.
3. The finalized version of the
final report of this study should not
include the extensive discussion of the
“indigenous – minority dichotomy”, in
consideration of the incomplete
examination of the diverse situations
of indigenous peoples in the two vast
continents of Asia and Africa.
August 2017
Introduction
1. This submission is made with deep
appreciation of the challenging and
complex task initiated by the Working
Group on Indigenous Populations,1
follow-up resolution of the Sub-
Commission on the Prevention of
Discrimination and Protection of
Minorities (1987/17 of 2 September
1987), the subsequent actions to this
resolution at the Commission on
Human Rights and the Economic and
Social Council (ECOSOC) that made
it possible for the Special Rapporteur,
Mr. Miguel Alfonso Martínez to carry
out the study on treaties, agreements
and other constructive arrangements
between States and indigenous
populations.
2. We congratulate the Special
Rapporteur for having persevered in his
efforts for nine long years to eventually
reach the point of presenting this
unedited version of the final report of
the study during the sixteenth session
of the Working Group in 1998.2
3. The Centre of Organisation
Research and Education, Manipur
regrets that it could not avail of the
opportunities, offered throughout the
progress of this study, to contribute to
this endeavour due to lack of
information and an inability to
participate in the important work that
has been going on in the United Nations
for many years concerning the question
of discrimination against indigenous
peoples. We deeply appreciate this
opportunity to do so at this late stage
of the study and trust that our criticisms
August 2017 beyond the horizon
and constructive comments will
contribute to and find reflection in the
finalized version of the report of the
study.
4. The Centre for Organisation
Research and Education, Manipur, had
submitted a preliminary position
statement to the Office of the High
Commissioner for Human Rights,
Geneva, on 29 January 1999 regarding
the unedited (English language only)
version of the final report presented by
the Special Rapporteur during the
sixteenth session of the Working
Group. This statement was also
simultaneously transmitted to the
Secretariat of the Working Group, and
we trust that the submission has
reached the Working Group also.
5. The previous submission and
this present one are in response to the
Special Rapporteur’s invitation for “all
critical opinions – not only from his
colleagues but also, in particular, from
those indigenous peoples and
Governments which did not respond
to his questionnaire – that may arise
during the debate that will be held on
the contents of this Final Report at the
forthcoming sessions of both the
Working Group and the Sub-
Commission,” 3 which he endorsed
during his presentation of the report.4
However, technical reasons relating to
its language version and belated
circulation prevented the debate that
he had anticipated in the sixteenth
session of the Working Group from
occurring, except in a very preliminary
sense. Many indigenous
41
representatives requested, during this
debate, that another opportunity should
be provided for analysis and comment
during the seventeenth session of the
Working Group.5
6. This document is the second
submission from the Centre for
Organisation Research and Education
Manipur, which deals with the unedited
final report of the study mentioned
above. It examines the report further
and includes the illustration of a case
study from Asia, that of the indigenous
peoples or nation of Manipur, which
the Special Rapporteur may find useful
in this final stage of his extensive nine-
year investigation.
7. The poverty of responses and
information from Asia and Africa has
been prominent6 though the Special
Rapporteur and the United Nations had
repeatedly appealed for cooperation in
this important and significant
endeavour. This has led to a
conspicuous imbalance between the
information available to the Special
Rapporteur from Europe, North and
Central America, the Southern Cone,
Australia and New Zealand on the one
hand and Asia, Africa and the Pacific
on the other. Such a situation
underlines not only the urgency of the
task before the United Nations but also
the special efforts and attention that are
required.
8. There are many valid reasons
for this imbalance but we will not, for
the present, delve into them. However,
considering the import and global
mandate of this study, its significance
for the future of the indigenous peoples
and nations and its possible reflections
on the work being carried out in the
United Nations, this single factor of
information gathering bias and,
therefore, weakness in methodology
brings a larger question to the fore.
9. It also seems that that the
Special Rapporteur may have, for
various reasons, restrained from fully
utilizing and exercising his mandate
from the United Nations to explore to
the utmost extent the vast diversity of
the indigenous peoples and nations
acknowledged.7
10. The question is whether the
present study’s findings and subsequent
conclusions and recommendations, as
presented in the unedited final report,
can be taken to be complete within the
limits of its mandate from the United
Nations.
11. The Special Rapporteur’s
unedited final report has not yet
reached the Sub-Commission.8 The
Sub-Commission’s decision 1997/110
of 22 August 1997 had requested that
this final report be submitted in due
time (preferably before the end of
1997) to facilitate its examination both
in the Working Group at its sixteenth
session and by the Sub-Commission at
its fiftieth session in 1998. The further
delay in the report is noted.
12. The assurance given by the
Special Rapporteur that all
contributions and criticisms will be
duly taken into account in the final
version of his report is again deeply
appreciated.9 This submission fully
endorses the requests made by many
indigenous representatives during the
debate held on the study on treaties,
agreements and other constructive
arrangements between States and
indigenous populations, that another
opportunity to analyse and comment on
the report should be provided during
the forthcoming seventeenth session of
the Working Group on Indigenous
Populations.
13. The report of the sixteenth
session of the Working Group on
Indigenous Populations mentioned that
the study had “changed his view on
many important matters”, “introduced
new ideas and offered him the
opportunity to explore new ways of
thinking” and also “given him the
opportunity to view new dimensions of
issues regarding indigenous peoples”10
indicated certain departures from
previously held positions of the Special
Rapporteur during the course of the
study finding reflection in the contents
of his reports. 11 Whether these
departures contribute or provide
impedance to the present understanding
in the Commission and its subsidiary
bodies should be carefully considered.
14. The present submission is an
attempt to analyse systematically what
we perceive as the most critical issues
raised by the report and examine their
validity in the Asian or global context
of indigenous peoples concerns as
appropriate. A case study of treaties and
constructive agreements entered into
with the indigenous nation of Manipur12
has been included as illustrative of
some situations in which indigenous
peoples in Asia are struggling for their
rights and fundamental freedoms. An
attempt is made also to constructively
address the question, stated earlier in
para 5 of this document. There is a
brief submission of recommendations
in conclusion.
II. CRITICAL CONSIDERATIONS
OF THE REPORT
15. The report contains detailed,
pervasive and recurrent discussion of
two critical questions regarding the
rights and status of indigenous peoples.
These questions have a great bearing
on the perspectives of the work being
done by the Working Group and
indigenous peoples participating in it.
It has also major implications for the
future potential utility of this work.
16. The first is the question of
identity of indigenous peoples of Asia
and Africa and their eligibility to
participate in the present forum of the
Working Group on Indigenous
Populations, a subsidiary body of the
Sub-Commission. The second is
related to the larger global context of
present domestication processes of
indigenous peoples’ issues.
17. We draw attention to the
insinuation in the Special Rapporteur’s
report that indigenous peoples of some
continents who are participating in the
Working Group processes as doing so
due to a conceptual anomaly, lack of
other forums or because of the
availability of sponsorship from the
United Nations or both13; this is highly

42 beyond the horizon August 2017 August 2017 beyond the horizon 43
objectionable. We trust that such
comments, unworthy of the dignity of
the Working Group, of United Nations
processes as a whole, and derogatory
to indigenous peoples will not find
space in the final version of the report.
We also trust that this comment does
not reflect any prejudgment or bias in
the position taken in the report on the
question of indigenous peoples of these
continents.
18. In the context of the contents
of the present version of the final
report, which we considered as a draft,
the Special Rapporteur introduced a
questioning of certain key aspects of
the conclusions and recommendations
of Mr. Martinez Cobo’s monumental
and highly respected study of the
problem of discrimination against
indigenous populations.14 In particular,
the Special Rapporteur’s report re-
visited the issue of the definition of
“indigenous” vis-à-vis that of
“minorities”, what he terms as a
dichotomy, within the context of the
work in the United Nations.
19. Summarizing the contents of
his report during the sixteenth session
of the Working Group, the Special
Rapporteur made an observation that
touched on this newly introduced
premise, suggesting that Cobo’s
“working definition” should be further
developed to differentiate situations of
indigenous peoples.15 This drew the
attention of members of the Working
Group as well as observers
representing member and non-member
States of the United Nations,
representatives of indigenous peoples’
and nations’ organisations and other
organisations.
20. The implications of the Special
Rapporteur’s observation has such
deep ramifications and consequences
to the issues of indigenous peoples vis-
à-vis the work in the United Nations
that Mr. El-Hadji Guissé, member of
the Working Group, and several
representatives individually and
collectively, particularly from Africa
and Asia, addressed the issue.16
21. This observation was taken to
be based on certain ideas forwarded in
his report.17 The Special Rapporteur
responded to these criticisms by
denying their basis as unfounded, as his
work had led him to the opposite
conclusion regarding the validity of
possible claims, in the light of the work
in the United Nations, viz. to
“indigenousness” by all peoples of Asia
and Africa.18 We note that this stand (a)
mirrors the position taken by some
governments of these continents, (b)
highlights the discrepancy identified in
the report and (c) emphasizes the need
to study the situation further.
22. A second major issue raised by
the Special Rapporteur concerns the
“consequences of the domestication
process” and the structure of modern
States in the Pacific, Asia and Africa.
In all questions pertaining to
indigenous peoples of these continents,
this process must be considered in the
context of the historical development
of contemporary States of these regions
from pre-colonial political structures
through the period of colonial
intervention in its various phases and
specificity in each case. 19 This has
immense implications for the present
situation and future alternatives of
indigenous peoples of these regions.
23. The present perspective
presented in the report is somewhat
self-contradictory or at least divergent.
The report repeatedly endorses the
position of indigenous peoples as
sovereign nations with the unqualified
right to self-determination.20 It also
recognizes the impact of non-
consensual assimilation of Asian and
African peoples into post-colonial State
structures, which have had negative
effects on many of the peoples
concerned. 21 However, the report
recommends a highly exclusive
procedure for consideration of the
problematic of such peoples vis-à-vis
the Working Group contrary to the
recommendations for similar peoples
in other regions. This divided position
detracts from the global mandate of the
study and in fact lays grounds for
undermining the issue in international
law.
24. During the limited debate on
the report at the sixteenth session of the
Working Group, other representatives,
too, questioned the technical base of
certain findings particularly raising the
question of the adequacy of the legal
and other documents referred to by the
Special Rapporteur, during the course
of his nine-year effort.
25. Due to the inadequate time
made available for a thorough reading
and understanding of the report, which
was made available only in English, the
suggestion was made that the next
session of the Working Group should
provide opportunity for comments on
this report after its meticulous analysis.
It has become necessary, in the interest
of the development of minimum
international standards and
constructive mechanisms for the
promotion and protection of the rights
and fundamental freedoms of the
indigenous peoples of the world to
examine the study, its findings,
conclusions and recommendations on
a basis that includes its scope and
technicalities.
III. GENERAL ANALYSIS AND
COMMENTS
Preliminary Remarks
26. It is not the purpose of this
submission to embark upon an
elaborate assessment of the extensive
study that has taken nine years to
complete – we do not have the
intention or the means.
27. In consideration of the critical
and urgent nature of issues upon which
hinge the very survival of indigenous
peoples worldwide, of Mr. Cobo’s far-
sighted but cautioned
recommendation,22 the initiative of the
Working Group that led to the Sub-
Commission’s resolution 1987/17,
subsequent resolutions of the
Commission on Human Rights and
ECOSOC certain important aspects in
the Special Rapporteur’s final report

44 beyond the horizon August 2017 August 2017 beyond the horizon 45
demand detailed analytical overseas. The second part was to be particularly of Asia and Africa, not successor states. The position of the
examination. devoted to the contemporary merely from the purview of the study report appears to be that with rare
significance of such instruments, but from the category of “indigenous exceptions, such as the Masaai of
Mandate and parameters including questions regarding the peoples” without clear rationale. His Africa or the Ainu of Japan,
28. The Commission on Human succession of States, national own parameters themselves appear to colonization is a process which only
Rights, extending the scope of the recognition of treaties, and the view of have been set up for the purpose of Europeans or those of European racial
recommendations by the Sub- Indigenous peoples on these issues. exclusively clarifying the situation of descent have perpetrated.29
Commission on the Prevention on The third part was to address the indigenous populations in Europe, the 36. The Special Rapporteur
Discrimination and Protection of potential value of all those instruments present European colonies in the acknowledges the “dissimilarities” of
Minorities, mandated23 the Special as the basis for governing the future Americas and Australia-New Zealand. the indigenous situation across the
Rapporteur to prepare an outline on the relationships between indigenous 34. In Asia and Africa, pre- globe in his draft final report. The final
possible purposes, scope and sources peoples and States. Both the form and colonial structures were vastly different analysis of these “dissimilarities”, with
of a study to be conducted on the substance of such instruments were to from these or each other, which reference to Asia and Africa, are based
potential utility of treaties, agreements be considered in the final stage of the influenced differently the forms of on the opinion of academic works
and other constructive arrangements study, as well as possible mechanisms colonial experience in these continents (albeit of reputable status) and his
between States and indigenous to be institutionalized in the future, to or even in different regions of these consultant’s perceptions without,
populations for the purpose of ensuring secure their implementation.”25 continents. These have also evolved however, the kind or extent of
the promotion and protection of the 32. The primary purpose of this differently into successor States and assessments that he performed in the
human rights and fundamental study is clearly to assist the promotion governance systems. While this has American and Australian continents
freedoms of indigenous populations. and protection of the human rights and considerable implications for the and New Zealand. Therefore, the
29. This mandate was extended in fundamental freedoms of indigenous context of the issues, it does not analysis of findings and conclusions,
the context of the recommendations of peoples and nations.26 The practical however determine or derogate the as applicable to the indigenous peoples
the Study on the Problem of parameters for deciding indigenous legal or moral principles on which and nations of Asian and African
Discrimination against Indigenous status are still, to echo the Chairperson- indigenous peoples are struggling. continents, would lack the information
Populations by the Special Rapporteur, Rapporteur’s words, “to ensure that the 35. The grounds for exclusion base he enjoyed in the other regions
Mr. Martínez Cobo, which identified development and implementation of appears to be a conflation of the mentioned.
treaties concluded by indigenous the rights of indigenous peoples are concepts of European settler colonies 37. In Asia, ancient civilizations
populations as of paramount carried out in a fair-minded and open who eventually seceded from the of many different cultures were
importance.24 process, so that there is room for the mother country and set up independent recognized by the European colonizer.
30. The present Special reasonable evolution and regional State governments on indigenous lands Many of these civilizations were at
Rapporteur “suggested from the start specificity of the concept of with that of post-colonial successor their zenith or at a stage of critical
of his mandate a three-part structure “indigenous” in practice,”27 and based States including those within Europe transition in their development.
for the study as a whole. on the Cobo study – fundamentally the but specifically excluding those of Asia Colonization played a central role in
31. “The first part was to analyse preservation of “the sovereign right and and Africa. Successor governments the metamorphosis of these nations
the origins of the practice of power to decide who belongs to them, who have not ethnically evolved from into the recognized contemporary
concluding treaties, agreements and without external interference.”28 European colonial stock even when States of these regions. Political
other constructive arrangements 33. In an inexplicable self- these have incorporated all the structures of mainstream civilizations
between indigenous peoples and contradiction, the Special Rapporteur hallmarks of colonial governance over were feudal and therefore recognizable
States, that is, the role of the treaties in has sought to exclude numerous self- indigenous peoples and nations are in structure and form to European
the history of European expansion identified indigenous peoples, excluded from the category of nations as perhaps they still are, in the

46 beyond the horizon August 2017 August 2017 beyond the horizon 47