Draft Placed by Bistapan Birodhi Janmanch, Sukinda
MILITANT MASS RESISTANCE MOVEMENTS ARE THE ONLY OPTION WITH THE PEOPLE TO PROTECT THEIR LANDS AND LIVELIHOODS
Released to Press by Sri Rabi Jarika of Vistapan Virodhi Jan Manch on 2nd January 2008 at Kaliganagar
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Declaration Adopted On 2nd January 2008 At The All India "Mahasamabesh" At Veer Bhumi, Kalinganagar In Memory of Kalinganagar Martyrs And Against 'Displacement, SEZs and Land Grabbing' Organised by Bistapan Birodhi Janmanch, Sukinda |
We, the people who have gathered at Veer Bhumi, Kalinganagar on 2nd January 2008 on the occasion of the All India "Mahasamabesh" resolve to adopt the following declaration.
1. Salute To Martyrs: We salute the 14 tribals of Kalinganagar who laid down their lives as a consequence of the police firing on 2nd January 2006 while fighting to protect the lands and livelihoods of thousands of people of Kalinganagar. We also salute all the martyrs of the anti-displacement, anti-SEZ, and anti-land grabbing struggles of Kashipur, Nandigram, Chilika, Gangavaram, Singur and all other struggles across the country. We also express solidarity with all those who have been injured, raped and maimed. While condemning the Government, we express solidarity with those against whom false police cases have been foisted. In this regard it is very clear that the judiciary has shown that it is on the side of the Government and the corporates in this struggle against forcible displacement and is seen to be defending the cause of pro-imperialist policies. And such stand of the judiciary has been used by the government to cow down the struggling people.
2. Demands of Kalinganagar Movement Have To be Fulfilled Without Delay: We understand that the Bistapan Birodhi Janmanch, Sukinda which had clamped an economic blockade of the NH-200 from 2nd January 2006 for a historic 14 months period has lifted it since March 2007. But the Orissa Govt. is yet to fulfill the just demands of the Kalinganagar struggle that includes halting the process of displacement entirely, pay adequately to the families of Kalinganagar martyrs, pay adequate compensation to and carryout required treatment of the injured, punish those responsible for the firing on 2nd January 2006, give 5 Acres of agriculture land to those who have been displaced earlier, grant the right of development of the mines, land, water, forests and industries in tribal areas to tribals, etc. Contrary to the claim of the Government it has not come forward for any meaningful dialogue with the leaders of the Kalinganagar movement. This exposes the Govt's empty talk of resolving issues in the so-called democratic manner. Further, the Orissa Govt. stands exposed as regards its claim of punishing the guilty after the report of the inquiry commission as the Govt. is itself responsible for closing the inquiry without any signs of restarting the same. We warn the Govt. to fulfill all the demands of Kalinganagar Movement without any further delay.
3. Pledge Against Displacement, SEZs and Anti-People Industrialisation: We pledge our support and solidarity to all the mass movements across the country against displacement, SEZs and anti-people industrialization, all land movements and all movements against pro-imperialist policies. We express our support and solidarity with the mass movements of Kalinganagar, Anti-Posco, Hirakud, Kashipur, Anti-TATA, Anti-Vedanta, Anti-Mittal, Anti-Bhusan, Anti-Sterlite, Anti-Reliance, Lower Sutkel, Anti-Vedanta Viswavidalaya, Nandigram, Singur, Haripur, Raigad, Goa, Dadri, Ludhiana, Barnala, Kakinada, Polavaram, Gangavaram, Chhatisgarh, and all such mass movements. We demand immediate repeal of the SEZ Act 2005 and all the state Acts on SEZ. We also demand the withdrawal of the SEZ status given to all industries with retrospective effect including that of Zindals in Kalinganagar. We also demand the immediate repeal of the Land Acquisition Act, 1894
4. Plight of the People In Industrial Zones: We understand that of the people displaced in the Sukinda zone for establishment of various mining industries, by several companies including the TATAs, during the last 60 years, not more than 5% have got some engagement in mining operations. From a peak employment of 40,000 in around 1976 it has fallen down to the level of 6-7,000 today and the majority of these mine workers are in abject poverty. Forced to work as cheap and casual labour lakhs of people displaced in Sukinda zone for mining and other industries are suffering the consequences of displacement. The people of the mining areas of Sukinda are beginning to get united to fight this historical injustice. Ever since the Kalinganagar Movement raised its voice against anti-people industrialization increasingly people are coming forward against heavy pollution by the several industries which have come up in Kalinganagar. The people of adjoining villages have vowed not to allow the ash pond of Zindal steel and in the days ahead people of the adjoining areas will rise against the industries as heavy pollution has made living unbearable and has put their livelihoods into turmoil. The recent massive uprising of the workers and the local people against management of the Bhusam Steels' Jaharsuguda plant as regards safety of the workers, rehabilitation of the displaced and illegal drawal of water from the Hirakud Dam has exposed claim of development of the displaced and all round development of the whole area.
5. Expose and Isolate NGOs: We all understand from the experience of the Kalinganagar movement that while the Bitapan Birodhi Janmanch, Sukinda has been leading the people of Kalinganagar in the anti-displacement movement many NGOs and foreign funded organizations are seen to be mobilizing the people of the area with the interest of diverting them from the movement. Many methods are being employed by these organizations including the so-called micro-credit operations for giving the local people a false sense of development. We realize that these are forces of compromise and agents of imperialism; they play a very divisive role in the movements and must be exposed and isolated.
6. Nandigram Model- A New Strategy of Repression: We understand that during the last one year the Kalinganagar Movement has been further strengthened, all efforts of the TATA company and the Govt. to enter into the area have been foiled, however, the Govt. and the TATAs have undertaken several activities to frighten and allure the people and conspire against the protesters. After the West Bengal Govt. attacked the peasants in Nandigram by using the police force behind the Goonda force the Govt. of Orissa is preparing to use the Nandigram model to silence the Kalinganagar movement. It has been proved on 29th November 2007 that the Orissa Govt. used the Nandigram model of repression against the anti-Posco agitators when armed Goondas were used by the Local MLA Damodar Rout in close connivance with the District Administration, The Police and the Posco company. We understand that in the similar manner the Sukinda MLA Shri Prafulla Ghadei who is also the State Finance Minister in close connivance of the TATAs and the police is setting up an armed Goonda force aimed at silencing those who are opposed to the TATA project in Kalinganagar. While we realize that the people of Kalinganagar are well prepared to face any eventuality we warn the Govt. of Orissa of country-wide massive peoples' upsurge if such attempts are made.
7. Solidarity With Anti-Posco Movement: We strongly condemn the Orissa Govt. and the central Govt. for going ahead in establishing the 12 million tonne per annum steel project SEZ at Dhinkia, Gadakujanga and Nuagaon GPs of Ersama block of Jagatsinghpur district by the South Korean steel major Posco. We express our total support and solidarity with the Anti-Posco movement of the people of Ersama and urge upon the Govt. to cancel the project lock, stock and barrel. If the project is not shelved immediately we resolve to launch a country-wide agitation against both the Orissa Govt. and the central Govt. and take up appropriate agitational activities.
8. Militant Mass Resistance Movements Are The Only Option: During the last one year the anti-displacement and anti-SEZ movements have gained significant ground across many states of the country. In Orissa the anti-Posco movement is moving forward to give a fitting reply to the largest FDI project in India. The farmers of Hirakud area have been able to raise a massive movement against allocation of water to industries from the Hirakud reservoir instead of supplying adequate water for irrigation and this movement has been able to create massive public opinion in Orissa against anti-people industrialization. The Nandigram movement of West Bengal has shaken up the whole country. In Maharashtra a massive movement has emerged in Raigadh. It is now becoming clear before the people of the country that all the ruling parties of India are engaged in establishment of mega industries and SEZ projects in the interest of imperialist forces and after displacing the people from their lands and livelihoods are forcing them to lead a life of insecurity as cheap labour force. Those ruling parties which are out of power are only staging a well rehearsed drama of voicing their opposition but in reality they are also engaged in serving the interests of the pro-imperialist and capitalist forces. It is to be noted that in spite of the strengthening of the peoples' movements the Govt. is fast moving forward to safeguard the interest of the imperialist forces. It is therefore clear that militant organised mass resistance movements are the only option before the people to protect their lands and livelihoods. While building mass resistance movements the people have to be watchful about the strategy of the ruling forces to divide the people on religious and other identities as has been attempted in Kandhamal district of Orissa recently.
9. All India United Movement: Today across the country mass movements against displacement, SEZs and anti-people industrialization has gained strength. In June 26-27, 2007 with the joint initiative of Kalinganagar, Anti-Posco, Kashipur, Rayagadh and Dadri movements an All India Convention was held at Bhubaneswar and a declaration has been adopted which shows the path for united all-India movement against displacement and SEZs. The Kalinganagar movement is committed to play its rightful role in such a united struggle. All of us who are against displacement, SEZs and anti-people industrialisation and those who believe in the slogan adopted here at Kalinganagar on 2nd January 2007 "Save Agriculture, Save Livelihood, Do Not Give Any Land Fit for Agriculture and Forestry for Industry and Do not give any land for MNCs and SEZs" pledge ourselves to unite to launch an effective all India movement against displacement, SEZs and anti-people industrialization. In this regard on the call of the Bhubaneswar declaration we shall take all steps to unite all the mass movements and political forces which are genuinely against displacement, SEZs and anti-people industrialization, all land movements and all movements against pro-imperialist policies and finalise a plan of country-wide joint action in the shortest possible time.
10. Call To the People: We call upon the people of India, all mass movements and pro-people political forces to foil the plans of the state Govts and the central govt. to silence the mass movements against displacement, SEZs and anti-people industrialization. We call upon the people of India to rise to launch militant mass resistance movements in every location where their land and livelihoods are being snatched away in the name of anti-people industrialization, SEZs or any other project that is against the peoples' interests.

Bodies of people killed by the Police

Child Killed in the Police Firing
Loka Shakti Abhijan
Press release at Chennai, 2/2/2006
The Kalinganagar Massacre, tribal land, industrialization and justice in Orissa
Kalinganagar Massacre in which 12 tribals were shot and killed by the Orissa Police in cold blood with extreme brutality, was only the last in a series of repressive anti-tribal steps taken by the successive Governments of the State of Orissa. Considering that the tribals are a demographic and political minority in Orissa, such repeated repression and killings can only be viewed as systematic genocide and marginalization of a minority community for fulfilling the greed and coffers of rapacious corporate interests interested in getting at the resources present in tribal areas. Not only tribals, but even other marginalized sections of Orissa's society are at the receiving end of the repression of a state and a ruling class which has turned from a "public trustee" to a "corporate dalal".
Orissa's record in repression of its people, specially its marginalized sections is brutal and continuous. Recent events where people have been killed by Orissa State are
· the police firing on fishermen in Chilika in 1999, where five people were killed;
· the police shot dead eight tribals in Mandrabaju in Gajapati district in December 1999;
· In 2000 December the famous Maikanch firing led to death of three tribals protesting against the UAIL's bauxite mining and alumina factory in Kashipur;
· In 2001 October, five tribals were killed in two police firing incidents in Raighar area of Nowarangpur district in protests arising out of land disputes
· And finally on 2nd June, the police brutally murdered 12 tribals protesting the illegal and unethical acquisition of land for TATAs, and as tribals allege, chopped off hands, private parts and breasts of five people.
In all the above incidents the state and the police acted on behalf of powerful interests, including Multinationals and Indian corporate houses. Along with these extreme cases of state sponsored killings, tribal people live under constant threat of arrests and harassment, specially when they try to claim their rights over land and forests which customarily belongs to them. The extent of tribal marginalization can be guessed at by the fact that even in the districts notified as Scheduled areas in Orissa, where tribals have constitutional protection in land, tribals have rights and protection in land on only 16% of the area of these districts. A whopping 74% of the area of even the scheduled districts are owned by the State Government, and tribals have no rights over this three fourth of their lifescapes. Not that the rights of tribals even over their legally held lands is respected by the state, which uses Land Acquisition Act, 1894, to acquire even this land and farm it out to corporates.
The current indiscriminate mineral based industrialization in tribal areas based on extraction of natural resources is leading to more and more conflicts. Many of us have opposed the indiscriminate extractive industrialization model urged upon the state by financing institutions such as DFID, both on grounds of it being against national and Orissa's interest and its grim implications on the tribal minority of Orissa who live on the land and enjoy resources which is sought to be captured by a group of international and national Corporate Sector. Many of us have been persecuted for this opposition. Kalinganagar has been the latest and the most extreme effort by the State Government and the mining/industry mafia to silence the voice of legitimate protest of tribal communities. We strongly believe that the massacre of tribals was preplanned and deliberate, and the lack of action against the officers and politicians involved turns the current government into an illegitimate imposition on the people of the State.
We are completely in solidarity with the demands of the Bisthapan Birodhi Jan Manch and Kalinganagar Surakshya Samiti as indicated below and demand that these be acceded to:
i. A complete halt to the eviction drive and immediate withdrawal of all projects in Kalinga Nagar
ii. A complete fullstop to the aggressive industrialization initiated in Kalinganagar
iii Dismissal of the Collector and SP from service and initiation of criminal proceedings against them for the crimes committed by them on 2 nd January causing death of 12 tribals and critically injuring several others
iii. Criminal proceedings against all officials party to the crime
iv. Rs 20,00,000 as compensation to the next kin of the dead And Rs 10,00,000 to the injured persons
v. Withdrawal of all cases against tribals
Furthermore, based on our long experience of working in the tribal areas we will like to articulate further demands as given below:
i. Immediate action to be taken to review all projects linked displacement and rehabilitate and resettle people who have been already displaced. Immediate cessation of all Land Acquisition in any area for any purpose till rehabilitation and resettlement of people who are already displaced by projects starting from Hirakud and Machkund is carried out to the satisfaction of civil society and tribal communities.
ii. The Governor may be asked to immediate suspend Land Acquisition Act, 1894, in Scheduled Areas of Orissa.
iii. All land acquisition in the Scheduled areas violates the spirit of the Schedule V of the constitution. Land acquisition carried out after 1997 violates the section 3(iii) of the Orissa Scheduled Areas Transfer of Immovable Property (by scheduled tribes) Regulation, 1956 as almost all the tribals so affected have been rendered landless. All tribal land acquired after 1997 may be immediately resumed to the original scheduled tribe owners and the government officers, IDCOL and companies who have engaged in this illegality be persecuted under section 7 of the same law and section 3(iv and v) and Section 4 of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, 1989. Restitution to the extent of 10 times the production value of the land should be provided to the tribals whose land has been so acquired.
iv. Tribal Land acquired before 1997 should be revalued as per their current value, and restitution in form of ten times this value be given to tribals along with minimum of five acres of unirrigated land or two acres of irrigated land.
v. Tribals own only 16% of the land in scheduled areas. Steps must be immediately taken to transfer the ownership of Revenue and Forest Land within the traditional boundary of the tribal villages (as defined in the PESA, 1996) in the Scheduled areas. The Panchayati Raj Act, 1964, must be immediately amended to transfer all control on their traditional and customary land to tribal communities.
vi. No lease or transfer of government land in scheduled areas to non-tribals must be permitted. The proposal to lease out land in tribal areas to private parties for Jatropha plantations or for carbon trading must be immediately withdrawn. The Government's plantation strategy must be redrawn keeping in view that the communities are the owners of all land within their village boundaries.
vii. The OSATIP Regulations, 1956, may be immediately amended in lines with the AP Regulation of 1970, which says that no land in the scheduled areas will be transferred to non-tribal. No land, including state owned land and private lands held by non-tribal in scheduled areas will be transferable to a non-tribal person. The term judicial person must include corporate and state.
viii. The section 3(b) of OSATIP Regulation, 1956, must be immediately put into practice, and the non-tribals who have acquired land through illegal means since 1956 be immediately identified and punished and the land restored to the tribals.
ix. All mining concessions in scheduled areas to private parties must be immediately withdrawn without any delay as they are illegal and violate Schedule V. Mining under OMC Ltd and other public sector Institutions must be suspended and placed under review by the civil society and tribal communities.
x. Some of the blocks and districts boundaries have been deliberately drawn to keep tribal majority areas out of scheduled areas. Blocks and districts boundaries must be redrawn to bring tribal majority areas under schedule V. Apart from this, all settlements where tribal are in a majority and which are located in non-scheduled areas be brought under schedule V protection.
We would like to make it clear to the authorities that STs in Orissa are facing a situation akin to slow and steady genocide and those successive administrations have followed anti-tribal policies in matter of land, forest and displacement. The instances of extreme injustices done to tribal communities in Orissa will fill volumes. The extreme poverty of the tribal and their complete political marginalization is a result of deliberate policies which have dispossessed them of their land, livelihoods and dignity.
We again reiterate that we stand in complete solidarity with the tribals of Kalinganagar and with other tribal communities and that we will struggle with them to achieve our demands,
Yours faithfully
Prafulla Samantra
President
Loka Shakti Abhijan
Orissa Unit
Email: epgorissa@gmail.com