Tribunal on Kandhamal releases final report; recommends livelihood schemes for affected

The final report of the National People's Tribunal (NPT) on Kandhamal was released in Bhubaneswar on Friday, Dec. 2, 2011.

The tribunal was held in New Delhi from August 22-24, 2010. It was organised by the National Solidarity Forum, a coalition of about 50 volunteer organisations and rights groups.

The final report, while establishing that the 2008 attacks in Kandhamal was executed with substantial planning and preparation, said the brutality of the violence falls within the definition of 'torture' and met all the elements of 'crimes against humanity' as defined in applicable international law.

"Christians who refused to abandon their faith and convert to Hinduism were brutally killed or injured. Human rights defenders have been deliberately targeted for their role in assisting victim-survivors. Evidence of the attacks was systematically and meticulously destroyed in order to scuttle the processes of justice and accountability," states the 197-page report.

Findings of the report are based on the testimonies of over 45 victims and survivors who underwent unspeakable persecution during the violence in Kandhamal, Orissa, in the year 2008.

The tribunal which included several prominent activists was headed by AP Shah, former Chief Justice of the Delhi High Court. Besides testimonies, the panel gathered evidences from the studies, field surveys, research and fact-finding reports presented by 15 experts.

"The targeted violence against the adivasi and dalit Christian community in Orissa violates the fundamental right to life, liberty and equality guaranteed by the Indian Constitution. The brutality of the violence also falls within the definition of 'torture' under international law, particularly the Rome Statute of the International Criminal Court," states the report.

The jury observes with deep concern the silence that prevails in matters of sexual assault, at various levels including documenting, reporting, investigating, charging and prosecuting cases. "The threats of sexual violence against women and their daughters continue, heightening women's sense of vulnerability. There is no implementation of government schemes by which widows, single women and women survivors of violence can be restored to a life with dignity."

Further, the jury noted the impact of violence on children who witnessed horrific incidents and suffered from acute trauma. Many children have dropped out of schools due to the financial inability of the families to bear the expenses.

Importantly, the violence has caused large-scale displacement, leaving the victim-survivors with a sense of 'rootlessness'. In addition, the destruction of many churches and prayer halls, and the failure to reconstruct them has clearly deprived the victims of their right to religious practice. "The victim-survivor community is unable to freely practise its faith and is thereby reduced to a state of secondary citizenship," the report states.

Speaking of the role of state administration and public officials, the jury members expressed grave concern over "their connivance with communal forces; participation in and support to the violence; and deliberate scuttling of processes of justice through acts of commission and omission".

The report goes on to lambaste the criminal justice system which they said was rendered ineffective in protecting victim-survivors and witnesses, providing justice and ensuring accountability for the crimes perpetrated.

"The complicity of the police and their collusion with the perpetrators during the phase of investigation and prosecution, indicate an institutional bias against the targeted Christian adivasi and dalit community. Victims and witnesses engaged in the justice process have been threatened and intimidated, as there is no guarantee of safe passage to and from the courts," the report observed.

Some of the recommendations put forth by the tribunal include the administering of the National Rural Employment Guarantee Act (NREGA) and other livelihood schemes of the state and central government to the affected community; addressing the educational needs of the children; adoption of the 1984 anti-Sikh and 2002 anti-Muslim Gujarat compensation package; facilitating return and reintegration of the affected families; and implementing policies to provide victim-survivors full reparations.

With regard to the legal and judicial processes, the tribunal stressed on identifying unreported cases of sexual and gender-based violence; enquiry into the acts of public officials named in the report; constituting a Special Investigation Team (SIT) to re-examine the already registered FIRs for accuracy; a special legal cell to assist victims in their legal cases; and protection to victims and human rights defenders.

The jury members of the tribunal included Harsh Mander (member of National Advisory Council), Mahesh Bhatt (film maker and activist), Miloon Kothari (former UN Special Rapporteur on Right to Housing), PS Krishnan (retired Secretary, Government of India), Vrinda Grover (advocate, Delhi High Court), Ruth Manorama (women and dalit rights activist), Syeda Hameed (member of Planning Commission, Government of India), and Vishnu Bhagwat (former Chief of Naval Staff).