A Publication of the Asian Human Rights Commission and HumanHuman Asian Legal Resource Centre RightsRights July 2004 Vol.14 No.4 SOLIDARITy Life at Rubbish Dump after Bellilious Park Eviction

PHILIPPINES:PHILIPPINES: ArroyoArroyo DeservesDeserves BlameBlame onon ChildChild DetentionDetention HONGHONG KONG:KONG: MarchMarch forfor DemocracyDemocracy SRISRI LANKA:LANKA: AA Victim'sVictim's AccountAccount inin VideoVideo PAKISTAN:PAKISTAN: ScrappingScrapping HudoodHudood LawsLaws ALSO:ALSO: LetterLetter toto SriSri LankanLankan PolicePolice Leader,Leader, RightsRights ofof 'Terror''Terror' DetaineesDetainees andand More!More! SOLIDARITY

CONTENTS India The Great Indian Vanishing Act Page 3 Life at Rubbish Dump Page 8 The Sramajibi Hospital Page 13 Philippines Arroyo Deserves Blame for Violating Children Prisoners' Rights Page 15 A girl scavenger at the Belgachhia dump where more Bangladesh than 1,000 Dalits have made A Gravy Train and Shackled Kids Page 19 home after being forcibly Hong Kong evicted from their houses at Hong Kong Marches for Democracy Page 20 Bellilious Park in Howrah City Sri Lanka in India's West Bengal (Photo: Dear Police Commission Chairman, Protect Torture Victims or Quit Page 22 AHRC) Top Court Orders Biggest Compensation to Torture Victim's Family Page 23 Woman Harassed by Police Recounts Fiancè's Death Page 24 Rights of Detainees AHRC & ALRC Upholding Rights of 'Terror' Detainees Page 27 on the net Pakistan Scrapping Sources of Oppression Page 29 ASIAN HUMAN RIGHTS COMMISSION www.ahrchk.net

ASIAN LEGAL RESOURCE CENTRE Human Rights SOLIDARITY is the newsletter of the Asian Human Rights Commission (AHRC) www.alrc.net and Asian Legal Resource Centre (ALRC). HUMAN RIGHTS CORRESPONDENCE SCHOOL AHRC and ALRC are independent non-governmental bodies which seek to promote greater awareness www.hrschool.org and the realisation of human rights in the Asian region and to mobilise Asian and international NO TORTURE public opinion to obtain relief and redress for the victims of human rights violations. AHRC and http://notorture.ahrchk.net/index.php ALRC focus on pressing human rights concerns within the Asian region with repect to issues of civil, THE PERMANENT PEOPLE'S TRIBUNAL political, cultural, social and economic rights and the right to development. ON THE RIGHT TO FOOD AND THE RULE OF LAW IN ASIA Editorial Board http://www.foodjustice.net • Basil FERNANDO • Bruce VAN VOORHIS • Sanjeewa LIYANAGE • Grace CHOY CYBERSPACE GRAVEYARD FOR • Nick CHEESMAN • WONG Kai-shing • Ali SALEEM • Philip SETUNGA • KIM Soo A DISAPPEARED PERSONS www.disappearances.org Human Rights SOLIDARITY is published by the Asian Human Rights Commission.

MASSACRES IN ASIA 19/F Go-Up Commercial Building, 998 Canton Road, Mongkok, Kowloon, Hong Kong http://massacres.ahrchk.net • Tel: +(852) 2698-6339 • Fax: +(852) 2698-6367 • Internet: www.ahrchk.net • E-mail: [email protected]

Annual Subscription Fees for 12 Issues • Hong Kong HK$250 • Asian countries US$35 • Outside Asia US$50 To subscribe, send your name and mailing address with a bank draft payable to the Print on “Asian Legal Resource Centre Limited”. recycled paper

2 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

The Great Indian Vanishing Act Thousands of Dalits Forcibly Evicted from Their Homes Bijo Francis

A woman points to the debris of Bellilious Park, the former home of thousands of Dalits. (Photo: MASUM)

(Thousands of families from the Dalit and lower examine the reasons and issues behind the eing the "untouchables", the caste communities in India's West Bengal have forced eviction. We look at the homeless B lowest of India's caste system, the been forcibly evicted from their homes by the victims' livelihood in the next article. A ousted residents of Bellilious Park and authorities without any compensation or medical project that helps the poor will be their sufferings are being ignored by resettlement. Among these victims are the 7,000 explored in the third story. article 2, a sister the West Bengal state government and Dalits uprooted from Bellilious Park in Howrah publication of Human Rights the local Howrah administration. More City on February 2 last year. Many of them since SOLIDARITY, will run a special edition in than 17 months after they were evicted then have been living in street shelters or the its August issue to discuss in more detail the from their houses at 129 Bellilious Belgachhia rubbish dump, a few kilometres away legal aspects of the case and the complicity of Road by the authorities, the victims from their original quarters. Human Rights all parts of government and local have yet to receive any form of redress SOLIDARITY visited some of the families administration in this massive violation of for the damage done to them and their recently. In the following special report, we fundamental rights.) rights being violated despite the high

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 3 INDIA

redevelopment value of the land. Their fanatic religious belief. living conditions, which were not favourable at Bellilious Park, are now Proofs of Legal Occupancy even worse. Many of them live at a city dumpsite, suffering from poverty, In 1987, an environmental group malnutrition and other diseases from Howrah Ganatantrik Nagarik Samiti contaminated water and the filthy and filed a petition before the Calcutta unhygienic environment. High Court to demand Bellilious Park be cleaned up as the pollution problem "We live amidst pigs and dogs," said there grew. The court asked the Rajindar Balmiki, one of the victims. municipality 15 years later whether the "Our women give birth to our next people staying on the land were legal generation here. Mosquitoes literally occupants. The Howrah drink our blood like vampires." administration told the court that the people there were all encroachers. The Their plight is rooted in the caste court then gave an interim order in system, as this structure of hereditary Bhola Hela displays his Howrah September 2002, saying the illegal municipal employee's card, which shows classes of Hindu society allows those on encroachers should not be allowed to his address at Bellilious Park: '129 top to treat the Dalits like dirt. "The Bellilious Road'. (Photo: AHRC) stay. But that order did not mention dwellings of fierce untouchables and an eviction, according to Kirity Roy of dog cookers should be outside the municipality had sponsored their Manabadhikar Suraksha Mancha village, they must use discarded bowls, settlement in the past decades with the (MASUM), a Calcutta-based human and dogs and donkeys should be their construction of three buildings to rights organisation. wealth," reads the Manusmrithy, which house those Dalits who worked as governs the religious practices of the scavengers for the city. Human rights The fundamental human rights of the Hindus and their caste system. activists and the ousted residents said residents were blatantly violated, as the eviction was linked to the vested they were not given the right to be Caste hierarchy is one of the sources interests of some upper caste families heard before the court. No written for the worst forms of inhuman living nearby and the property notice of removal was made. "But here treatment faced by millions of Indians. developer. Bellilious Park, which was no written notice, (there was) just a It makes available a group of so-called outside the city limit in the 19th public announcement by the police "untouchables" to work for menial and century, is in the heart of Howrah, with a loudspeaker on a rickshaw, often no pay jobs by virtue of their raising the market value of the site. stating that the people had to leave birth. It is a form of exploitation and Howrah is situated on the west bank before February 2," Roy said. Under discrimination. of river Ganges, opposite Calcutta. Indian civil law, a notice of eviction has to be served at least one month in When the authorities evicted the 7,000 "We were staying at this place since the advance, allowing residents to dispute Dalits from Bellilious Park on February time of our forefathers. But now we the matter before a court. 2 last year, they cited the official reason have been thrown out without even of beautifying and developing the area being offered an explanation," said Complicating the situation, some into a park within Howrah City. The Rambali Rabidas, a scavenger working union leaders came and told the local administration also claimed that for the Howrah Municipal residents in Bellilious Park that nobody the occupation of the land was illegal Corporation. would be evicted and they would and the occupants had to be removed. handle the problem for them. Some No fair hearing was given to the The upper caste Hindus were said to residents, nevertheless, with the help residents before the eviction. believe that the presence of the of a lawyer, filed two petitions to the "untouchables" in the vicinity of their court on January 30 last year, asking The settlement of the Dalits in the residence would pollute them and for the right to be heard and the area, in fact, dated back before eventually deny their reserved place in interim court order be revoked. But the independence of India. The heaven, a conviction associated to their their petitions were denied. "In this

4 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

case, not only the civil administration and police have defied the principles of the Constitution of India and the rule of law, but the upper judiciary also has been complicit in denying relief to these people," Roy said.

Contrary to the claims by the administration that those evicted had occupied the land illegally, the expelled dwellers were, in fact, predominantly employees of the Howrah Municipal Corporation and held identity cards and other evidences proving their legal occupancy at Bellilious Park. They had employees' cooperative cards, voter cards, ration cards and other documents such as of Temporary houses of many evicted victims are made of poles covered with plastic power connection, which all registered sheets. (Photo: AHRC) "129 Bellilious Road, Bellilious Park", as their addresses. These papers could said one of the victims Rajesh Balmiki. administration regarding the prove that the occupants were holding "We tried to resist. They pulled us out development. the property since long. They could from our houses. The machines were establish their continuous, used to pull down our houses. We tried The residents have yet to get any unobstructed and open possession of to gather whatever we could. But the tangible reply either from the local the land. Moreover, many of the police with guns shouted at us and government or from the Howrah residents had title deeds for their threatened us. Those who resisted were administration for the damage they property. However, none of these beaten. I could not gather anything. suffered and their rights violated proofs, which otherwise would have We had a fridge and a TV, which we despite protests. The mayor of been adequate enough to establish title lost in the rubble. We could see the Howrah, Gopal Mukherjee, said it was or possession over any property police taking away our belongings. I legal to evict the people and the according to Indian laws, were taken am sure they took them home. Our municipality had no money to into account by the authorities. hard earned money. We lost rehabilitate them. everything," Rajesh recalled the Forced to Leave at Gunpoint eviction with horror and pain. The Asian Human Rights Commission has issued urgent appeals, calling for On the day of eviction, the Government Offers No Help immediate attention to the eviction, administration came to Bellilious Park the living conditions of those homeless with bulldozers and demolished the While the houses of the poor were people and other related problems of entire area and all the buildings within bulldozed in a matter of hours, shops starvation and deaths. However, the hours under police escort. None of the built by the municipality and rented Indian authorities maintain their residents were allowed to take away out on commercial leases were ignorance and blunt stand towards the their belongings. Those people, who unscathed even though they were also plight of the evicted poor. protested, were backed off by the on the premises of Bellilious Park. police at gunpoint. The Bellilious Park victims even do not As of now the evicted ground remains benefit from the Howrah Valmiki "They came with huge machines. a barren land with the remnants of the Amebedkar Awas Yojana, a government Police accompanied them with guns destroyed buildings. Nothing has been project with millions of funding for the and the officers from the done in furtherance to eviction, rehabilitation of slums, pavement administration ordered us to leave," contrary to the claim of the dwellers and safai karmachari -those

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 5 INDIA

who work as scavengers. "This project residents were fortunate enough to Groups Come to Help has never been used for the betterment occupy a few rooms in an abandoned of these people," Roy said. building located in the trenching After knowing about the living ground. The building, however, is in conditions of the settlers at the Houses of Plastic Sheets, Waste such a state that it could collapse in a Belgachhia dump, staff from the Belur heavy rain. The human waste from the Sramajibi Hospital, a hospital Left with no other option, many dilapidated latrines in the building just launched by workers to provide free to Bellilious Park residents scrambled drains down through a small hole in inexpensive health care services for the through the rummage and picked up the building wall at various places and poor, took the initiative to conduct a whatever that could be recovered and merges with the waste and people weekly medical camp at the settlement. set off for a new destination- a living underneath. Even to live in this A medical team would visit the trenching ground at Belgachhia. building, which has already been settlement and provide free checkup "When our houses were demolished, condemned by the administration, the for the residents. Medicines would be some union leaders told us to come Bellilious Park residents said they were given to those people who are in and stay here," said the 38-year-old demanded bribe by a local elected immediate need of treatment. As for cleaner for the municipality Rajinder. representative in return for not being the rest of the sick, the doctors would "There were so many leaders, and all forced out. The occupants were ready provide medical care at the hospital. of them gave us instructions. We didn't to pay because they had no other know what to do, so we just came choice, even though how long they Local human rights group MASUM, here," he said. could stay in the building is a wild meanwhile, helps the expelled guess since the condition of the residents of Bellilious Park fight for Yet this place is a dumping site on the building is so poor and it may collapse. rehabilitation and compensation, periphery of the city. It does not even make appeals to various authorities have solid soil for setting up a Rajinder and fellow resident Gopal and take their case to courts. temporary house since the ground is Balmiki, who both make a living as just a pile of accumulated waste from cleaners, complained that they were The Bellilious Park eviction is not an the city, predominantly plastic and forced to work and live in a filthy isolated incident. In 2001, 1,400 other non-biodegradable waste, which environment. "We clean toilets and families were cleared from Tolly's emits fumes whenever there is a slight drains when we work. After work we Nullah. Some 4,000 households from rain. come here to this pile of waste," Beliaghata were driven out in 2002. Rajinder said. "Well for the animals These are a few glaring examples. Most The evicted victims have now put up they come here for food, whereas we of the families belong to the Dalit temporary houses made out of plastic have to live here...The water at community. None of them had a fair sheets for the roof and fine steel filings Bellilious Park could be boiled and hearing before the evictions or were mixed with carbide waste that they then consumed. Here the water is like given compensation and rehabilitation collected from nearby steel foundries oil. We have to adjust since we have no afterwards. Neither did the legal for the ground. Since they do not have options and this is our home." system in India was of any help to the enough money to enjoy the luxury of victims. a cot, their daily exposure to the Due to the inhuman living conditions corrosive mixture of the hard ground of the evicted victims, which are similar Discrimination against Dalits burns their skin, causing cuts and to their working conditions as the blisters. majority of them are manual The reason for this brutal reality in scavengers, acute health problems are India is simple: Who cares for the Drinking water, electricity, sanitation common in their current settlement. Dalits? Wherever people of this and other basic living facilities are Coupled with poverty and lack of outcaste group go they will face the unheard of in the Belgachhia dump. proper and hygienic food, deaths from same situation. They are poor. They Starvation and deaths due to other starvation have been reported. A are being discriminated. Caste system diseases acquired from being exposed three-year-old boy named Shiva follows a Hindu from birth to grave. to the inhuman living conditions take died of malnutrition in December The system engraves its mark upon an its toll upon the residents. Some last year. individual simply even by his or her

6 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

name. For example, Gopal Balmiki is Bellilious Park incident. easily identified as an "untouchable" Representatives to the parliament and from his name "Balmiki", which is the Howrah Municipal Corporation being put in all of his records including failed to defend the rights of the the identity card. Once being tagged ousted residents and fight for their as a Dalit, a person will be treated rehabilitation. differently by others. "If we walk into any restaurant we will not be provided The legislation in India, in fact, any decent place to sit," Rajinder provides adequate security for Balmiki said. "Even those petty bunk people from being evicted without shops in the pavement will only give due process of law. Both the state us tea in a separate glass. We have to and the central governments have wash our glass once we drink the tea. A group of manual scavengers special ministries chaired by carrying night soil on their heads Whereas for other customers they (Photo: MASUM) ministers from the scheduled castes could just give the empty glass back," or scheduled tribes to attend to the he said. Summit in Durban in 2001 was very burning issues of their communities. emphatic to deny that caste The government of India accepts aid Most of the Dalits can do no other job discrimination was an issue in India from outside funding sources for than scavenging. They have no choice and that definitely it did not come programmes supposed to be aimed but to take up the job of manual under the terms of racial for the development and welfare of scavenging of night soil, which is discrimination according to the Dalit community. Exploitation outlawed in India. They have to carry international standards. However, the and discrimination against the the night soil on their heads as there facts indicate a different picture. scheduled caste community is are other means available for clearing Discrimination in the name of caste is punishable under specific legislation human and animal excrement. The not a remote issue in India. It could in India. The constitution provides authorities turn a blind eye to the be found in any state. It is reported adequate remedies for safeguarding situation. As manual scavenging has even in more developed areas such as the interest of the poor and weaker been done by the people of the Bangalore and the most literate state sectors of society. India is also a state scheduled castes, especially the Kerala. party to the international covenant balmikies, for centuries, the presence on economic, social and cultural of safai karmachari to keep the city Never-ending Exploitation rights. clean has been taken for granted. Since the Dalits are not able to provide a Despite its strong economic growth, Yet in reality, the story of better education for the next rapid development of information exploitation and inhuman treatment generations, their children usually end technology and the claim of being the of the Dalit community continues. up in the same repulsive job. largest democracy in the world, India remains one of the worst human rights "The Constitution of India has the "They need us to clean all their violators in Asia. The caste right to everything, but in practice, the filth for which we need to report discrimination and exploitation people have the right to nothing, to duty at the early hours of the plagues the progress of the country. "Roy said. The ousted residents need day and late at night and for which Given the caste taboo, a person tends support to lead a dignified life, he said. we need to stay within the city to remain within the clutches of the "I am talking about assurances of even limits. But they do not want us to dominant majority in exploiting the just a minimum amount of food, stay anywhere near their houses. cheap labour and oppress the housing and health care to live a What should we do?" asked one of scheduled castes. Although politicians dignified life. I am talking about us the evicted residents of Bellilious vow that they will work to eliminate the ending this society where till today Park who now stays at the Belgachhia caste system, once they reach their seat people are carrying human shit on dump. of power they forget their pledge of their heads for work while the concern of the Dalits among other government is talking about sending a The Indian delegation to the Race promises. That did happen in the man to the moon."

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 7 INDIA

'We Get so Tired That Sometimes We Can't Even Move' Life at Rubbish Dump Nick Cheesman

" ome of us were very severely dump, a few kilometres away, if they had empire, pumping life into its S beaten," recalls Tara Murti Hela. nowhere else to go. More than 1,000 have administrative capital across the water. "Some tried to flee by taking shelter in a been there since. Now they are crowded with the jobless, pool of human shit, but the police beat some going by bicycle or on foot in the them there too. It was so brutal, you can't The Dalit community accused of hope of a day's work here or there, others imagine. If I think of these things, my heart encroaching and polluting Bellilious Park lingering at tea shops, liquor stalls and is in pain. I just can't do it." was ousted by the authorities without street corners. They sit below walls thick compensation or resettlement. with hammer and sickle insignia; an But it is not easy for Tara, 53, to election is coming, and the Communist forget. Her life has not been the same since The road to the Belgachhia dump winds Party of India (Marxist) that has ruled West the events she recalls, when she was among through the declining industrial area of Bengal for nearly three decades is again some 7,000 people evicted from their Howrah. Dead and dying factories line the filling every available public space with its houses in Bellilious Park in Howrah City thoroughfares of this city, across the logo and slogans. on February 2 last year. Their houses were Ganges River from Calcutta. Once these bulldozed, possessions looted, and the streets were crowded by workers brought Reaching the end of the bitumen, the high occupants told to move to the Belgachhia to service the industrial heart of a foreign walls of old factories give way to low built settlements, a hillside to the rear. Hundreds of crows circle over the hill. It is a hill of rubbish, the main depository for the city. A number of dark green trucks emblazoned "Howrah Municipal Corporation" wind past, up the incline, and disappear over the crest in a cloud of dust and fumes. Accompanying the trucks, a stream of people moves back and forth- children, women, men- carrying plastic and hessian bags, baskets and hoes, a high wind whipping at their hair and clothes, scraps of debris flying past their eyes and mouths.

"Over 150 families are at this place out of the original number, which we estimate to have been more than 700," says human rights campaigner Kirity Roy, following a couple of people returning from the dump through a gap between two shop stalls on the left.

"In the first part of the 20th century, the municipality brought the grandparents of these people to clean the streets and

The Belgachhia dump, where many Dalits evicted from Bellilious Park have been drains. It was responsible for locating them staying (Photo: AHRC) at Bellilious Park, and even built

8 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

accommodation for them there; now it has she consults under the awning of a house, demolished those very same buildings and and quickly dispenses medicines for forced the people to move here," says Roy, numerous coughs, fevers and rashes. a member of Manabadhikar Suraksha Mancha (MASUM), a local human rights ‘God Knows What will Happen’ organisation. Since the eviction, MASUM has been deeply involved in the fight for Hunger, starvation. Here, not more than rehabilitation and compensation of the 10 kilometres from where the chief victims. minister and members of parliament preside over the government of West "It is important to remember that all the Bengal, people are starving to death. people here are Dalits," Roy says. "They E. M. Parvati knows this better than most: are segregated from the caste groups. her son died for want of food just a few Nobody will rent accommodation to these months ago. people. If your name is Balmiki or Hela [Dalit names], other groups will not allow Parvati lives in a dwelling that consists of you to stay with them." little more than some wood and bamboo pressed hard against a wall at the far end E. M. Parvati and her three daughters, with her sister's children looking on the Reaching the middle of the settlement at of the settlement. Gusts of wind lift the left (Photo: AHRC) the dump, residents gather and sit in the plastic roof, which during heavy rain shade of their houses, while others queue protects the family little more than were Parvati's mother, E.M. Bhupati Lachmi, to collect water from a pump located they in the open. has to earn a living for the family by adjacent to buildings set to be demolished. cleaning toilets in people's houses and the Here, conditions have the appearance of Parvati, 32, is carrying a new child. She roads and drains outside. "I am the only a refugee camp on the edge of a civil war. speaks with exhaustion, three daughters earner in the family, and can get perhaps But there has been no war here, only one- sitting alongside: "My son Shiva died just 50, perhaps 70 rupees per day (US$1- sided violence. Casualties, too: apart from three months back, because of $1.40). I also get some rice and other the injuries and destruction caused on the malnutrition. He had no medicine, no things from neighbours. Another day of the eviction itself, at least six people proper place to live. He was in the hospital daughter of mine helps too, by giving some at this site have died of starvation and other for two months, and died when he was of her earnings from cleaning houses," she diseases since they were forced from their three years old." says. houses. "My husband is here, but he is also very "Today a neighbour gave some rice and On Sunday, MASUM organises for a sick, with TB [tuberculosis]. Usually he wheat, with which we have prepared our doctor and some orderlies from the nearby cleans the toilets in private houses, but meal," she says, opening pots by the Sramajibi Hospital to visit the settlement. now he cannot work, so we have no earthen stove to show rice, flat bread and Sramajibi is itself a local initiative, staffed income. I also was working like that, but some thin curry. "As for tomorrow, God by volunteers, and run entirely on the cannot now because I am pregnant," she knows what will happen. I go to work in support of the local population. Sramajibi says. the morning and find out after that. If I has little resources to help those at the go to work, I will definitely earn something Belgachhia dump. The absence of any Parvati says her children have to collect with which we can buy food to eat." other agencies at the site leaves the workers wood at the dumping ground during the of Sramajibi feeling obliged to do daytime for cooking and boiling water. So Many Things Taken something. If this were in fact a refugee "We cannot send them to school. It is camp, the residents' health needs would quite impossible for us to give them an Back outside, the road is busier as the cool at least attract the attention of some education. I have no hope for their of evening approaches. Among those out outside agencies; here, they attract no one future. We have done everything we can at this time of the day is Rajinder Balmiki, other than the staff of Sramajibi. And so, for our children, but we haven't been who took over the job as a cleaner for the surrounded by a crowd, the doctor has no able to change our situation," she says municipality from his father when he died time or place to properly diagnose anyone; while looking at her children. in 1996. Although Rajinder is a permanent

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 9 INDIA

employee, he has received no assistance to find new housing after his employer destroyed his house last year, and like everyone else, he is struggling for his family to survive at the dump.

Rajinder and some of his friends explain that after coming to the Belgachhia dump, the residents from Bellilious Park cleared the area of bushes and slept on the open ground for about a month, expecting to be relocated somewhere better. It was cold season, and people spent the nights sitting huddled together under plastic sheets. Everybody suffered some kind of illness, and the children suffered most. When no one had come after a month, they cleared the ground more, and built their E. M. Bhupati Lachmi cleans a toilet in a private house. (Photo: Rajesh Balmiki) dwellings. Since then, they have been provided no government services or Rajesh Balmiki, after listening to Gopal's place was flattened. facilities. The municipality has promised description of events, tells how he was nothing, and given nothing. beaten: "They had cordoned off the entire "We were told that we were all illegal area of the park. To go and get something occupants and this was the reason for the Gopal Balmiki, joining Rajinder, recalls from my house, first I had to get eviction, but it is our feeling that it how the eviction was managed. "On the permission from the police. I was granted happened because we are Dalits, and our day of the eviction we were not given any access, but when I got to my house and social position is weakest," says Gopal. notice. Some police came on January 28 tried to carry some things out, the police There is a chorus of agreement from and made an announcement with a nearby there started to beat me with others nearby. "We don't have a say in loudspeaker that the place would be batons. Then I left the things and fled back anything. That is why we were targeted." demolished and that we should go, outside. All I could do was watch as they saying, 'On February 2 this place will be took away or wrecked everything." The Howrah administration, offering no vacated; remove your structures and help to the ousted residents despite their leave.' After that there were no more "The temples were also destroyed, and demonstrations, maintained that the warnings until they came with bulldozers when we tried to take things from them eviction was legal and the municipality had at about 6 am that Sunday. Then we were too we were beaten; even the women," says no money to rehabilitate the people. scattered here and there." The Rajesh. "We begged them, 'You may be municipality evicted the people on destroying our houses, but please don't "Our only hope is to be able to educate Sunday, leaving the residents no recourse destroy our temples.' But the police said, our children and give them a better life to an injunction through the court. 'No one will be staying here; you don't than we have. When we stayed in Bellilious need them.' The idols were brought out, Park, we had a chance, but now these "They took so many of our things, but to and the police took or broke everything hopes have faded," Gopal says. "Now we where, we do not know," says Gopal. "All else." are having to forego meals to save enough our possessions were taken on the backs money with which to send our children to of trucks, like our TVs, radios and The looting and devastation were absolute. school. Where we once ate three times a refrigerators. There were at least 10 trucks The community had built and run its own day, now it is only twice." and hundreds of labourers employed by school, and this too was demolished, along the corporation to take stuff away. When with the three buildings that had been Bad smells everywhere we tried to take our things for ourselves, constructed by the municipality to house the commandos beat us with their the workers. Wells were filled in, pipelines Rajjo Devi is struggling to send her eight batons." and electricity supplies destroyed. The children to school, and she worries for

10 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

out the rubbish, we can get Beautification... 300 rupees per building each month, but if we clean Abhijit Datta, another member of MASUM the toilets, it is around 750. and a lawyer at the Howrah District Court, We have to clean the feels the anger and frustration of the stairwells and public spaces people forced to live at the dump. "This is for no extra charge. not a place fit for human habitation, Sometimes people dump between a dumping ground and dead animals in the condemned buildings on the verge of stairwells, like rats, cats and collapse. But the municipal corporation dogs. By the time we find doesn't care if these people die here them they are covered with because they are Dalits. In this sense the

Tara Balmiki sweeps around an apartment building. flies and maggots." conditions for these people are not (Photo: Rajinder Balmiki) different now from how they have been "All we get are bad smells for centuries." their welfare. Now they are living next to everywhere. We go to work cleaning the Belgachhia dump. Her small and toilets, and all we get are bad smells, we Passing through the busy streets of neatly kept dwelling has whitewash on the come back home and live next to this Howrah, Datta points to an area of land earthen walls, and clay tiles on the roof. dump, and all we get are bad smells." on the right -Bellilious Park. The place All of the materials to make the house, she Tara says as she points to the lake of looks uninviting: little can be seen other explains, were bought with money septic fluid at the rear of the house, next than some rubbish piles where the main borrowed from lenders. Her family came to the mountain of rubbish: "We are dumping ground had once been located; with only the clothes on their backs, not falling sick because we are living next to the settlement was on the other side. even able to finish their breakfast that a pond that is full of human shit and Whereas the park was originally Sunday. Clean new aluminium plates are hospital waste. This water even contains established in an open area outside the city lined up in a bamboo shelf on the wall, amputated body parts." limits, it is today surrounded on all sides but they are rarely filled. by the walls of apartment buildings and Body parts? "Yes, we have seen dogs other constructions. The area is densely "I can't give my children proper food," says chewing on human body parts that they populated, and by now of high commercial Rajjo, a slender 32-year-old whose have pulled from that water," she says. value. headscarf covers her face as she talks. "All Rajjo has seen them too. "Because we stay we have is rice and some vegetables, but in a place like this, it is natural that we The community was evicted on the ground the amounts are not sufficient. We don't fall sick. If we had some electricity, we that they were responsible for polluting the have milk or bread to give them." Rajjo could at least buy a fan to reduce the bad park; their removal being a step towards and her husband both clean private smell, and feel some small physical its beautification. The condition of the houses. Her husband also sometimes comfort after our hard work each day. park today speaks to the audacity of this works as a rickshaw puller or as a day But we don't have even that." lie. It is a barren and dusty wasteland. To labourer at a factory, if he gets the chance. the left, on a dark open ground, some local Together with a neighbour, Rajjo cleans "Bellilious Park was not a good place to boys play cricket. A short distance to the apartment buildings near Bellilious Park. live, but it was better than here," she front, a painted statue of independence In the past, they could reach there on foot. continues. "At least there we had leader Chandra Bose keeps watch over a Now they have to leave much earlier and electricity, and no stink like here. The filthy, lethargic stream. The only place with pay a fare to get to their workplaces by bus location also was convenient, close to our a stand of trees is to the right, where the each day. workplaces, markets and schools. Now, houses of Parvati, Rajinder and Rajjo had look at these miserable conditions: these stood until February 2003. The location "We have to take out the rubbish, clean mosquitoes and flies. We are all human of their former houses is easy to see: the the toilets, and once per week have to clean beings. How can we tolerate this? We get rubble is still there, the corporation not the staircases and other common areas so tired that sometimes we can't even even having bothered to clear it all away thoroughly," Tara Balmiki, Rajjo's move, yet, in the night still we can't sleep after knocking it down. Nothing has been neighbour, says of her work. "If we just take for the stench." done with this part of the land since.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 11 INDIA

Picking through the rubble, pieces of a temple wall are uncovered. Somebody has piled a few bricks into a makeshift shelter nearby. The remnants of some structures remain upright-here is a corner of the school; there is the ground floor of one boarding house. Those walls still standing are covered with graffiti: "We were settled here by the British, we expanded under the Congress regime, and now these leftists have evicted us. Is it the real face of Marxism?"

Between the debris and the road is a recently constructed high concrete wall, delineating a new compound containing some buildings and other structures, A new common shed for washer people is built in the park where the houses of the including a common shed for washermen, evicted residents once stood. (Photo: AHRC) a lower caste group. Apparently the plan that called for beautification has been other benefits from the same corporation one of them would come and steal them," abandoned in favour of construction of that has demolished their houses and she remembers. "I lost my clothes, my new buildings, in the very location that stolen their possessions. television, refrigerator, cooking some houses of the Dalits once stood. "Why equipment and so many other things. The are they erecting these things? What is the "I have been working for the Howrah police also beat my son. He was just purpose? Because of electioneering, to get municipality for 34 years, and my general standing among some other people, and some votes, this thing has been erected. experience has been bad," says Rambali. when the police rushed the group, they They are just playing two downtrodden Asked why and he points to the obvious: caught him and beat him with their batons. communities-the Dalits and the washer "This corporation has destroyed my house Their senior officers were standing to one people-off against one another," Roy says. and looted or wrecked everything inside side and just watching. They never told it. How could I be happy? They sent a huge their men to stop beating. They just stood 'Stay Like Street Dogs Forever?' force, so what could we do? Each time we there. So how could we take anything? tried to take our things, the police beat What could we say or do? In the end, we Passing the washing compound, a short us. We had to save our lives, not worry just had to flee. We never thought of trying distance down the road is another place about our belongings." to get anything back." where some 50 families from Bellilious Park have settled. Their dwellings are on "We had been told that if we were "None of the municipal officers have ever a narrow patch of land between a main employees of the corporation then all we come here to see our situation," says road and an elevated train line. Although would have to do would be to show our Rambali. "We have gone to them several conditions here appear worse than at the employment cards and our houses times, but they do not even want to listen larger site, residents say they prefer it wouldn't be destroyed, but later they to us. With the help of the police they have because of its proximity to their places of bulldozed everything anyway," adds Tara just pushed us away from their office work and that it is not located next to a Murti Hela. Tara is also approaching building when we tried to visit." giant rubbish dump. Here Rambali retirement, but has only worked for the Rabidas and Bhola Hela are sitting in the municipality for a few years, having taken "I have only one question," Rambali asks, shade of a parked truck. Both work as her husband's job after he became unwell. as the last rays of sunlight fade behind the street cleaners for the municipality, for She and her family had been living in one buildings on the boundary of his old which they get a monthly payment of 5, of the quarters at the park constructed by neighbourhood to the west. "Will we stay 500 rupees. As both are over 50 they are the municipality for workers. like street dogs forever? Or will we get our approaching retirement, at which time houses back and the perpetrators of this they should receive a pension and some "Each time we put our articles somewhere, wrongdoing be punished?"

12 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA

By the People for the People: The Belur Sramajibi Hospital Bijo Francis

ocated near Howrah's famous L attraction Belur Math on the banks of river Ganges in West Bengal, a small old house stands among desolated factories in an industrial district, which was once bustling with hundreds of steel rolling mills under the former British colonial rule. Although the house is small, the mission it advocates and the contribution it has made is unique in India. Tens of thousands of local people, mainly workers and the poor, have been treated in this house-the Sramajibi Hospital-for free or at a minimal cost for the past 10 years.

The Sramajibi Hospital was founded by workers of the now defunct Indo-Japan Steel Ltd. (IJSL), with the help of a group of volunteer doctors and the support of The Sramajibi Hospital is a people's initiative. (Photo: AHRC) the local community. The hospital is a people's initiative in it truest sense. Even from a health care initiative started by dilapidated building within a factory all the beds, operation tables and various workers of the IJSL and some young in February 1994. The workers then kinds of instruments and furniture are doctors in 1983. The project began with transformed the building into a small made by the workers. Doctors and an outpatient unit and different health but well planned and optimally equipped paramedics are working round the clock awareness programmes for the workers hospital. The workers not only raised to take care of hundreds of patients at the and the local people. The activities gained funds for the renovation and other hospital's inpatient and outpatient units. momentum and the demand for health expenses but also helped cutting the services rose. In 1989, the clinic moved to costs by making different necessary Despite its shortage of resources, the the premises of the National Iron & Steel appliances and furniture, including hospital offers help to those people who Co. (NISCO) with the help of the workers' operation tables, orthopaedic tables and were evicted from their homes in Bellilious union of that company. The project the lighting system, themselves. The Park by the authorities last year and are expanded with an X-ray and biochemistry Sramajibi Hospital was officially opened on now living in the Belgachhia dump. It unit and a small operation theatre for March 1, 1994. organises a weekly medical checkup camp minor surgeries. An indoor unit was also at the settlement to treat the residents. set up to treat patients of acute illness. As the steel industry was hit by an Many of the people there suffer from The fledgling hospital at NISCO, however, unfavourable business environment due malnutrition and other diseases due to ceased functioning by December 1993. to problems of a non-competitive market, poverty and the unhygienic surroundings. lack of raw materials and decline in profits, Attempts were made to restart the hospital. a property boom increasing the value of A People's Initiative After putting intense pressure on the IJSL real estate at the time prompted the IJSL management, the workers were finally management to close down the factory and This unique hospital was evolved allowed to run the hospital in an old lay off the workers.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 13 INDIA

Despite that, the hospital has survived and The rights commission submitted its continued to flourish with the joint efforts report on December 14, 1998, stating the of the retrenched workers, local people wrongdoing on the part of the police, who and the medical staff. had favoured the land grabbers illegally. The commission recommended an The conveniences are minimal within the interim compensation to the hospital. But hospital, not to the patients but for the the hospital has yet to receive anything. staff. The retiring room for senior surgeons and the rest of the staff has just a The hospital was again under attack on bench. Doctors and paramedics travel on January 24, 1999. This time land grabbers a rundown jeep when they need to vandalised the hospital together with conduct medical camps elsewhere. The workers of the ruling communist party. paramedics and the former workers of the The police did not take any action. The locked out steel mills trained by intruders even hoisted their party flag at experienced doctors keep working in their the hospital to convert the premises into spare time, such as making acupuncture their party office. The attack prompted a needles, to earn extra income for the A worker makes acupuncture needles at debate at the West Bengal Legislative the Sramajibi Hospital. (Photo: AHRC) hospital. The treatment in the hospital is Assembly. Many denounced the heinous free in most cases. In other cases where Sramajibi Hospital has also begun free attack and aired their ill will against the the patients can pay the charges are low. diagnosis and treatment of tuberculosis party sponsored hooliganism. Since then, There is provision for subsidies to the patients under the guideline of the quality attempts to attack the hospital have ceased. patients from the poorer sectors and Revised National Tuberculosis Control But it is still believed that the lust for greed workers of closed industries. The hospital Programme. The hospital believes that might lead to more attacks on the hospital is also giving free medical assistance for people from the low-income group should in the future. war and torture victims. be able to benefit from the advantages of all types of advanced medical technology Health Rights Protection To date, the general outpatient unit has and treatment according to their needs. treated more than 50,000 patients. More Despite the difficulties and harassments, than 85,000 patients have been treated in Under Attack the Sramajibi Hospital has asserted itself the specialist outpatient units of all major as an alternative and a viable people's branches including surgery, orthopaedics, In spite of its good work and popularity in initiative to cater better health services for gynaecology and obstetrics, paediatrics, the area, the Sramajibi Hospital has been the community, especially the low-income eye, and ear, nose and throat medicine. attacked repeatedly by land grabbers in group, thanks to the participation of the More than 7,000 operations have been connivance with police and workers of the people and their perseverance in bringing conducted, of which 50 per cent was done ruling political party. On April 26, 1997 a about the project. It offers a hope for the free of charge. Some complicated huge contingent of police and land people in the dismal health scenario of operations such as transplantation of loop grabbers with their hired hooligans raid West Bengal, where public health care of intestine, cancer surgery, removal of big the hospital. They threw out patients from services are inadequate and poor in quality tumors in the uterus, different the orthopaedics ward, demolished the on one hand and the private-run nursing reconstructive surgery over cleft lip and southern part of the hospital, ransacked homes and other profit-making palate as well as deform knees and ankle the hospital and manhandled doctors and organisations have converted health into joints were also performed. The hospital female health workers. Kirity Roy, a human an expensive commodity on the other. has been regularly giving free blood rights activist with Manabadhikar Suraksha The story of the Sramajibi Hospital transfusion and other requisite treatment Mancha (MASUM), filed a public interest demonstrates that given the existing to 15 thalasemic children for the past few litigation at the High Court in Calcutta to situation in India where exploitation and years. The hospital now runs an early seek redress. Although the court found state sponsored torture is a daily tale, cancer detection centre under the that the hospital was under attack, it people themselves are the strongest and guidance of Dr Subir Ganguly, head of the referred the matter to the West Bengal ultimate resort to uphold and preserve oncology department in the Calcutta Human Rights Commission for seeking their own rights. Medical College and Hospital. The intervention into human rights violations.

14 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 PHILIPPINES

Arroyo Deserves Blame for Violating Children Prisoners' Rights Perfecto Caparas

(The author is a lawyer and the convener of the Coalition to Stop Child Detention Through Restorative Justice.)

ean, agile and barely 1.2metres L tall, 11-year-old Julian (not his real name) could hardly be seen amid the mounds of flesh huddled together in a decrepit, tiny police cell measuring only 12 square metres beside a river.

The police jail nestles in Metro Manila's bustling premier city splashed with mega-malls, and just a spitting distance from rows of restaurants and karaoke bars. Packed with five other kids and 19 adult Many children are still being detained with adult inmates in the Philippines, having their rights violated. (Photo: Coalition to Stop Child Detention Through Restorative inmates, the small inferno not only Justice) swarms with half-naked and tattooed prisoners but also lacks adequate him on the stomach, throwing In Davao City, which is located in the ventilation and sanitation facilities. him off the ground, crushing his southern province of the archipelago The jailbirds only survive with food frail body against a wooden door. with a population of 82.7 million, for brought to the cell by relatives of He writhed in pain. The lawman example, "incorrigible" children some of the prisoners, which they was trying to force him to return suspected of criminal involvement share among themselves according the necklace that he allegedly are systematically liquidated with to the command of their mayores who snatched from a woman on board impunity by death squads believed to enforces this age-old tradition a passenger jeepney, the common be backed up by state functionaries. among cellmates. Mayores is means of public transportation prisoners' parlance for a jail chief in the Philippines. Julian, who The older children detained with who is usually the longest staying lives by peddling cigarettes to Julian were tattooed by the adult prisoner or trustee of the lawmen. motorists, knew nothing about the prisoners with symbols of gangs. robbery. "They (adult prisoners) threaten us. During the period of his police They beat us," said the children who detention, Julian, just like the rest, Nonexistent Prisoners got tattooed. was deprived of access to any medical, social, psychological and Julian's condition mirrors the Other children who suffered from legal assistance and services. risks and dangers of being held police detention similarly complain in police custody. Elsewhere in of torture, rape, tattooing and other He even confided to the author the Philippines, other children brutalities inflicted on them by that upon arrest, a policeman kicked suffer from a far worse fate. police officers and adult prisoners.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 15 PHILIPPINES

More and more children suffer from children are held for drug-related and Development Authority. police arrest and detention without offences. judicial warrant. According to These children, aged between 15 and figures from the Office of Philippine Yet, officially, they do not exist. 17, barely have adequate education. Senator Francis Pangilinan, 20,000 They are ignorant of their own children were detained last year. The Official Approval human rights and the intricate Public Attorney's Office reported processes of the criminal justice that it rendered assistance to 13,300 The police practice of jailing system, making them more children in 2002. That means, on the children with adults under the aegis vulnerable to state abuses. They lack average, 36 to 54 children get of no less than President Gloria the power and the voice to assert and arrested and detained with adults in Macapagal-Arroyo and her stand up for their own rights in the cramped police jails every day all concerned cabinet officials reeks of face of the institutionalised over the country. All of them are a discriminatory flavour and violations ruthlessly committed by virtually arrested without judicial character. state agents. They suffer in meek warrants but subsequently charged silence and submission as practically routinely in court by inquest Based on the 1990-2002 statistics of all stakeholders acquiesce in the prosecutors, without due regard to the Molave Youth Home, an exclusive practice by virtually justifying its their special entitlements as youth detention centre run by the perpetuation on the pretext of children, such as protection from social services development lacking facilities. The lack of tattooing and segregation from adult department of Quezon City, most of grassroots mechanisms to combat prisoners. Those children include these children prisoners facing trial these violations only serves to fortify beggars, scavengers, street hawkers, come from families with a monthly the wall of impunity permeating this prostituted girls and street urchins. income between 2,000 pesos and long-running violation. Even those with mental disabilities 4,000 pesos (US$35.7-$71.4). This is are not spared from the brutal de way below the 6,817 pesos monthly President Arroyo- in spite of her facto policy of the Philippine income needed by a family of six to authority as the chief executive who government of jailing kids with live decently in 2000, according to is sworn to uphold the rule of law adults. A growing number of the the government's National Economic and do justice to every man, woman and child- fails and refuses to stop this illegality and barbarism committed against the children. She knows the situation. Yet she does nothing to stop and prevent the illegal, widespread, organised and systematic practice of jailing children with adult crime suspects. This is despite the fact that both Philippine and international laws forbid the commission of this dastardly deed that criminalises the young.

As the commander in chief, the president - through her Secretary of the Department of Interior and local governments - exercises control and supervision over the officers and personnel of the Philippine National

Children are held in a cramped police jail. (Photo: Coalition to Stop Child Detention Police who directly perpetrate this Through Restorative Justice) serious human rights violation with

16 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 PHILIPPINES

impunity. measures necessary in order to guarantee of the right of children address any injustice or violation of under arrest to diversion or to be In spite of the welter of laws giving rights that may be happening. At this turned over to their next-of-kin, special protection to children, state point we do not have any solid social workers or responsible authorities- ranging from information yet on the situation and members of the community at the community guardsmen (known in we'll have to look into this." point of arrest. local parlance as barangay tanod) and police officers to top cabinet officials Yet the official pronouncement that This, after all, is the essence of the and the president herself- fail to was published in TODAY newspaper law (Section 8 of the Rules and stop the despicable and gruesome turned out to be merely intended for Regulations on the Apprehension, practice of police detention that public consumption. The mixing up Investigation, Prosecution and Julian and other children from of children with adult prisoners Rehabilitation of Youth Offenders mostly poor families get routinely persists without letup to this day. and Article 191 of the Child subjected to. That thereby and Youth Welfare Code institutionalises and perpetuates the Not a single police official has been [Presidential Decree 603]) requiring ignominious violations of children's investigated and prosecuted for this children to be diverted at the point inviolable human rights without any egregious violation of the human of arrest to any of the above persons form of redress. rights of the children. This is not pursuant to the children's best only on account of the esprit de interests. President's Tacit Consent corps pervasive among members of the police force and other But Arroyo and her cabinet officials Although the matter of mixing up government agencies but more opt not only to pay lip service to the children with adult prisoners under importantly because of the seemingly human rights of children prisoners sub-human conditions had been tacit consent by Arroyo herself and but also to conceal their own personally brought to her attention her top officials to perpetuating the brutality from the rest of the world. by Fr Anthony Ranada and the illegal practice. author in January 2003, President In their second country report to the Arroyo chose to sweep the problem Official Inaction United Nations Committee on the under the rag. She perfunctorily Rights of the Child, state officials- referred the matter to Silvestre The class action suit filed by five knowing fully well that the practice Afable, secretary of the presidential children prisoners with the support is brazenly illegal- concealed by management staff who, in turn, of the Coalition to Stop Child omitting any mention at all of the referred it to the Department of Detention Through Restorative state norm and de facto policy of Social Welfare and Development. Justice against the president and her routinely detaining children with top cabinet and police officials on adults in cramped police jails all The latter, however, in its response December 10 last year demanding over the country. on April 1 last year, simply begged that the practice be immediately and the question by harping on the law unconditionally stopped has yet to be Yet the deliberate, widespread, supposedly protecting children in acted upon by the Office of the organised and systematic co- violation of the law, without alluding Ombudsman. mingling of children with adults at all to the insidious state practice in police jails under sub-human of jailing children with adult The Department of Justice has also conditions and deprived of access prisoners in police jails nationwide. yet to act on a mass petition to any assistance and services per se spearheaded by the coalition on constitutes a cruel, inhumane and The Office of the President, speaking January 7 this year for inquest degrading treatment and through presidential spokesman prosecutors all over the country to punishment outlawed by the 1987 Ricardo Saludo, vowed to stop the be required to ensure that no Philippine Constitution as well as practice last December 11. Fielding children are detained by the police the Universal Declaration of Human questions from the press, Saludo especially in the company of adults. Rights and the International said: "We will speedily take any The petition also demanded Covenant on Civil and Political

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 17 PHILIPPINES

Rights (ICCPR).

Crime against Humanity

Such practice constitutes a crime against humanity. Inviolable human rights inhere in the person of children prisoners as human beings and as children entitled to special protection. The ICCPR that the Philippines ratified on October 23, 1986 and the United Nations Convention on the Rights of the Child (UNCRC) that came into force on September 2, 1990 prohibit the mixing up of children with adult prisoners, except under specific circumstances. Having attained the status of quasi-universality, the President Gloria Macapagal-Arroyo is sworn to uphold the rule of law, yet has not UNCRC (as far as the matter of stopped the state practice of jailing children with adults under inhumane conditions. segregation of children prisoners (Photo: PCPO Malacanang) from adults, at least, is concerned) should be considered- like torture desist immediately, permanently and by demanding and enforcing official and slavery- as a non-derogable unconditionally from further jailing accountability- by pressing for their right, as a principle of customary children with adult prisoners, culpability for such atrocities - by international law, permitting of no especially under sub-human means of mechanisms for enforcing deviation whatsoever by the state. conditions without access to human rights duties on the part of This is so, considering further that adequate psychological, social, state officials. as early as 1924, the League of medical and legal services and Nations had come out with the assistance. Given its vitality and dynamism, the Geneva Declaration on the Rights of global community of human rights the Child guaranteeing special Mechanisms advocates should farther push the protection to children. frontiers of international human The Philippine experience shows rights law by elevating to the status Based on the holdings of that state functionaries have no of a crime against humanity the state the Limburg Principles and qualms in perpetuating practice of jailing of children with the Maastricht Guidelines- which institutionalised human rights adults under inhumane and should also be construed to apply to violations even against children oppressive conditions in a systematic, civil and political rights owing to prisoners. They mask their egregious organised and widespread manner. their symbiotic, interdependent and deeds with the sugar-coated language indivisible character vis-à-vis of the law to cover up for what is State officials should be held to economic, social and cultural really obtaining on the ground (as if account for their egregious deeds by rights-the state has the obligation to harping on the law, just like what virtue of the principle of command respect, protect and fulfill the Philippine officials did in their responsibility. This would strip state human rights of children prisoners. report to the U.N. Committee, can officials like President Arroyo of be equated with its actual sovereign immunity from suit - upon As far as their obligation to respect observance). whom the doctrine of command human rights is concerned, all responsibility properly applies - and Arroyo, her top cabinet and police It is this schism between law and make them accountable before the officials have to do is to cease and reality that has to be narrowed down bar of justice.

18 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 BANGLADESH

A Gravy Train and Shackled Kids Asian Centre for Human Rights

(The Asian Centre for Human Rights is based to correction centres, they are often (c)the absence of juvenile courts and in New Delhi, India.) ignored and the children are still being judges in some parts of Bangladesh; detained in prison. There were five cases (d) the extensive discretionary powers of undreds of juveniles in Bangladesh in January last year in which the accused the police, reportedly resulting in H are being illegally detained in children remained in the Dhaka Central incarceration of street children and prison in violation of the country's Jail although the court ordered that they child prostitutes; Children Act of 1974 and its obligation as be sent to correction centres. For example, (e)the use of caning and whipping as a a party to the United Nations Convention Rafique, 13, has been in the central jail sentence for juvenile offenders; on the Rights of the Child. since last November despite a court order (f)the failure to fully ensure respect for to keep him in the National Correction the right to fair trial, including legal According to the Dhaka Central Jail Centre at Tongi. assistance for alleged children authorities in last December, at least 108 offenders and the very long periods of juvenile delinquents were held in the The maltreatment of juveniles in pre-trial detention; and central jail instead of correction centres. Bangladesh is in contravention of (g)the detention of children with adults At least eight of them have been in jail for international standards on the and in very poor conditions without more than a year, including a 14-year-old administration of juvenile justice. It access to basic services. boy, Al Amin, who has been held since violates Articles 37, 40 and 39 of the U.N. October 7, 2000. At the National Juvenile Convention on the Rights of the Child. It The committee recommended the Correction Centre at Tongi, nearly 100 also breaches other U.N. standards Bangladeshi government to seats are vacant. The government of including the Standard Minimum Rules Bangladesh unabashedly stated in a report for the Administration of Juvenile Justice (a)raise the minimum age of criminal to the U.N. Committee on the Rights of (the Beijing Rules), the Guidelines for the responsibility to an internationally the Child in last September that a total of Prevention of Juvenile Delinquency (the acceptable standard; 1,041 juveniles - 959 boys and 82 girls- Riyadh Guidelines), the Rules for the (b) ensure that the imposition of the were held in different prisons. Protection of Juveniles Deprived of Their death penalty, of life imprisonment Liberty and the Vienna Guidelines for without possibility of release, and of Under section 2(f) of the Children Act of Action on Children in the Criminal Justice caning and whipping as sanctions for 1974, any person below 16 years is a System. crimes committed by persons while juvenile and must be sent to a "certified under 18 are explicitly prohibited by home or approved home or to the custody The Bangladesh Penal Code determines law; of a relative or other fit person". the minimum age of criminal (c)ensure the full implementation of the responsibility at seven. That is an affront right to fair trial, including the right However, age verification has never been to the treatment of children in a civilised to legal or other appropriate taken seriously in the administration of society. The U.N. Committee on the Rights assistance; juvenile justice. Police often increase the of the Child, in examining the periodic (d) protect the rights of children age of a juvenile in court to avoid the so- report of the Bangladeshi government at deprived of their liberty and improve called legal complications. Magistrates are its 35th session in last September, their conditions of detention and supposed to order a verification of age if a expressed concerns about imprisonment, including by suspect seems to be under 18. The guaranteeing separation of children verification involves scrutiny of birth or (a)the minimum age of criminal from adults in prisons and in pre-trial school certificates and bone ossification responsibility (at seven years); detention places all over the country; tests. But most magistrates usually do not (b) the sentencing to life imprisonment of and look up from their paperwork and, in a children from the age of seven and to (e)establish an independent child- routine exercise, send the juveniles to jail. death penalty of children from the age sensitive and accessible system for Even when court orders send the juveniles of 16; the reception and processing of

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 19 BANGLADESH

complaints by children. Hong Kong March The December report prepared by the central jail authorities of Dhaka shows that Democracy government has little respect for the recommendations made by the U.N. bodies. undreds of thousands of Hong But Beijing ruled against such change The establishment of a national human H Kong citizens, defying Beijing's in Hong Kong's electoral systems in a rights commission consistent with the Paris objection to greater democracy in the landmark interpretation of the Basic Principles relating to the status of national former British colony, rallied on July 1 Law, the territory's post-handover institutions for the promotion and to voice their demand. constitution, in April. The Chinese protection of human rights could have leaders argued that Hong Kong was not served as an effective mechanism to The demonstrators marched some four politically mature enough to elect its address such gross and systematic human kilometres under the sweltering heat leaders and stressed on a gradual and rights violations. from Victoria Park in the main shopping orderly reform process. area of Causeway Bay to the government After examining the first periodic report headquarters in the Central business Many people in Hong Kong were of the government of Bangladesh, the district. disappointed and angry. They saw no U.N. Committee on the Rights of the Child reason for any delay on the pace of in its concluding observations on June 6, "Return power to the people. Fight for democracy in this southern Chinese 1997 welcomed "the recent law to establish democracy," chanted the crowd who special administrative region. Many the post of ombudsperson as well as the were all dressing in white in unison. believe that if the Chinese central fact that a national human rights Many were holding umbrellas to screen government continues to restrict the commission is being set up". More than themselves from the scorching sun in democratic rights of Hong Kong citizens, six years later on October 3 last year, the one of the largest demonstrations in the people here will feel that they are committee after examining the second Hong Kong. not fully respected. periodic report once again welcomed "the information from the delegation This was the second massive protest in The Asian Human Rights Commission concerning the intention to establish a two consecutive years on the day that (AHRC) issued a statement on the eve national human rights commission and an marks Hong Kong's return to Chinese of the march, urging the governments ombudsperson". rule in 1997. Beijing has promised a of China and Hong Kong to work with high degree of autonomy for Hong the people of the territory to introduce Since the start of the project to establish a Kong, but is reluctant to allow the a truly democratic system based on national human rights commission by the territory's population of 6.8 million to universal suffrage. then Bangladesh National Party directly elect their government leader government in April 1995, three and lawmakers. "July 1 is not a threat; it is an opportunity. governments have changed. During that It is not a challenge to stability and period of time, many draconian laws such Hong Kong's Chief Executive Tung prosperity, but a commitment to as the Public Security (Special Provision) Chee-hwa was selected by an 800-strong maintaining the values and institutions Act of 2000 and the Joint Drive Indemnity committee handpicked by Beijing, that have made Hong Kong what it is Act of 2003 were passed, and the officials while only half of the 60 seats in the today," the AHRC said. and project officers took a detour of all legislature will be returned by direct the countries in the world that have elections in September. "A democratic political system promotes national human rights institutions. Yet the transparency and accountability. It lends establishment of the national human Most of the Hong Kong citizens want a credibility and legitimacy. By rights commission in Bangladesh remains faster pace of democratisation by withholding democracy from the people a pipe dream. The process of establishing having the right to choose the chief of Hong Kong, the Chinese and Hong such a commission has been all but a gravy executive as soon as 2007 and all the Kong governments are only sowing the train. legislators in 2008. seeds of instability and its negative

20 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 HONG KONG hes for

economic consequences by spawning anger and frustration without any institutional outlet," the human rights group warned.

The AHRC said Hong Kong people were ready to elect their government leader and legislators as the city possessed all the necessary attributes for a democracy to function and flourish. "It has a free press and respect for the other necessary freedoms of expression, assembly and association. It has an independent judiciary, the rule of law and an educated population," it said.

The rally organisers estimated 530,000 people took part in the march this year, higher than expected and more than last year's half a million. The police, however, put the figure at only 200,000. Despite the discrepancy, the mass participation still surprised many here. One participant said although more people had been aware of the situation in Hong Kong and because of the success Hong Kong people march to demand for full democracy on July 1. of last year's march, they hoped to make (Photo: Bruce Van Voorhis) a difference by joining the march. I understand your aspirations," said the Standing Committee of the National The protest was held orderly and Hong Kong leader. People's Congress," Tung said. peacefully. "All of us want to show we care for the future of Hong Kong and "I hear your concern on our governance. On July 1 last year, the Hong Kong that democracy is important for Hong Although there has been substantial people marched to express their Kong's future," another demonstrator improvement, I recognise there is still opposition to a proposed legislation on said. room for further improvement and we national security under Article 23 of the will keep at it. I also hear your aspirations Basic Law. They feared the bill, if passed, Reacting to the march, Tung said he on democracy. We will take forward would infringe civil liberties and impose understood the people's demand, yet constitutional development with the more restrictions on freedoms. They also insisted on reforming the political ultimate aim of universal suffrage, in vented their anger on the Hong Kong system according to the timetable set by accordance with the principle of gradual government under Tung's poor Beijing. "To those who have participated and orderly progress, the provisions of leadership. The government was forced in the rally and to all my fellow citizens the Basic Law as well as the to withdraw the proposed draconian law of Hong Kong, I clearly hear your views. interpretation and the decision of the soon after the march.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 21 SRI LANKA

Dear Police Commission Chairman, Protect Torture Victims or Quit Asian Human Rights Commission

(The chairman of the National Police water on his thighs on January 5, 2004. this very crucial stage. Commission in Sri Lanka, Ranjith Abeysuriya, did not react to an urgent report of police assault You earlier wrote to the AHRC stating that However, to Mr. Saleem's surprise, you on a torture victim on July 7. Abeysuriya even the Kandy Area Coordinator of the responded irritably that he was disturbing complained that his dinner was disturbed when National Police Commission (NPC) had your dinner after a hard day's work, and an Asian Human Rights Commission officer taken effective action regarding this matter your only advice was that he ought to called to ask for his intervention in the case. and that the officer concerned was facing contact the Inspector General of Police. The AHRC wrote the following letter to the police a disciplinary inquiry. You also used the We had in fact by then complained to chief on the next day to express its shock and occasion to express your absolute higher police authorities, but informed disgust at his attitude towards the practice of confidence in the Kandy Area Coordinator you directly in deference to your position torture in police stations. If Abeysuriya cannot whom, you said, you had been fortunate as chairperson of the NPC. We had protect torture victims and deal with their to recruit. confidence that you believed in your complaints against the police, he should resign, constitutional mandate and that you would the AHRC said.) Ever since Mr. Priyankara made his at least do the minimum possible to complaint regarding the above mentioned protect a victim of torture in grave danger July 8, 2004 incident he has faced severe threats to at that very moment. You have maintained withdraw it, and in fact has made further publicly that you are dissatisfied with how Mr. Ranjith Abeysuriya PC complaints regarding the threats the police themselves deal with such Chairperson themselves. Regrettably, these threats were complaints, and have even stated that you National Police Commission made good at around 5 pm yesterday, July would prefer to have an independent 69-1 Ward Place 7, when 10 officers came to Mr. investigatory unit under your command. Colombo 7 Priyankara's house and severely assaulted Sri Lanka him in front of his family, before taking On April 30, I wrote to you to register Fax: +94 11 2 669128 / 691926 / 674148 him away in their jeep. At the Matale Police dissatisfaction at the manner in which the (residence) Station, two lawyers were unable to get case of Tissa Kumara - who was tortured access to him. One person, who was able and contracted tuberculosis due to the Dear Mr. Abeysuriya, to speak with him, found that he had lost actions of one officer at the Welipenna hearing in one of his ears and was finding Police Station - has been handled by your E: Provide Effective Protection to it difficult to speak. He managed to say that commission. I also expressed R Torture Victims Who Make he was arrested for no reason and dissatisfaction at your handling of other Complaints, or If You are Unable to Do mercilessly assaulted. Since about 11 am cases of torture in the past and pointed Your Constitutional Duty, Resign this morning he has been transferred from out that the commission is not a mere box police custody to court. into which we wish to drop complaints but I refer to the telephone conversation get no reply. between yourself and an AHRC Mr. Saleem's call to you was to complain programme officer Ali Saleem, which took about this assault and request your urgent We are now making it known to you that place last night (July 7, 2004) regarding intervention, at least by making your we are appalled by the manner in which further assaults upon - and the baseless concern known to the concerned you deal with complaints of torture. arrest of - J. V. Saman Priyankara, the authorities. Given your position as Torture is among the most heinous crimes petitioner in S.C.F.R. 78/2004. Mr. chairperson of the NPC, we believe that under international human rights law, and Priyankara had complained to you of some phone calls from you would have is also a crime under Sri Lankan law. Yet being cruelly treated by an officer of the carried considerable weight and secured you have been treating the enormous Matale Police Station, who poured boiling a torture victim from further violence at number of torture complaints reaching

22 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 SRI LANKA

you-many of them extremely gruesome - and to maintain discipline in the police your commission and cooperate with you as if they were trivial. In fact, your casual force; or, personally in every possible way. I regret approach is helping to perpetuate the to say that this all appears to have come to routine torture being practised in police 2. If you feel that you are not up to the nought. stations in Sri Lanka. The record of your task and that you are unable to get the commission on torture is shameful. It is cooperation required from the police Thank you. an utter disgrace. to do your duty, make this known to the nation and then, for the love of the Yours sincerely, We now urge you to: people, please do resign. Basil Fernando Executive Director 1. Either take appropriate action in terms We make this call only now, having Asian Human Rights Commission of your constitutional duty to deal with welcomed the inauguration of your public complaints against the police, commission and your appointment, and particularly those relating to torture, having made very serious efforts to support

Top Court Orders Biggest Compensation to Torture Victim's Family

ri Lanka’s top court has ordered a compensation of one the torture and death of the victim under the Convention S million rupees (about US$9,630) to the family of a 36- Against Torture Act, Act No. 22 of 1994. year-old man who was tortured to death while he was detained in jail for allegedly stealing two bunches of bananas. The victim was arrested by officers from the Seeduwa Police Station on November 5, 2002 for allegedly stealing two bunches The sum is the biggest amount being awarded to a torture of bananas and was remanded by a magistrate to the Negombo victim in the country's history. Prison on the next day.

In a judgment on July 26, the Supreme Court found that The Supreme Court heard that the victim was handcuffed, Lamahewage Lal Meddagoda was severely beaten, cruelly shackled, beaten mercilessly and tied to an iron door during treated and dead within 48 hours after being remanded in the custody. "The deceased was a father of three minor children Negombo Prison in November 2002. and the treatment meted out to him while he was at the Negombo Prision has painted a gruesome picture where a The court blamed the officer-in-charge, chief jailer and hapless prisoner was brutally tortured and left alone tied to an superintendent of prisons at the Negombo Prison for iron door to draw his last breath," Justice Shirani dereliction of duties. The three failed to prevent the assault Bandaranayake said in the verdict. on the victim by some jail officers and were responsible for the infringement of the victim's fundamental rights guaranteed Justice Bandaranayake said assault on a prisoner by jail officers, under the constitution, the court said. who are officials of the state, must be considered to be "an especially grave form of ill treatment". "This indicates that the The court ordered the state to pay 925,000 rupees and the officers concerned have exploited the vulnerability of the three leading officials of the Negombo Prison each 25,000 victim," she said. rupees as compensation to the victim's wife and three children. "It is paramount importance that the lives of the prisoners are However, the perpetrators in the case have yet to be prosecuted safeguarded. Although there should be discipline and order and punished. The Asian Human Rights Commission has that should be maintained with firmness, such discipline cannot urged the attorney general of Sri Lanka to take immediate invoke punishments, which are inhuman and violative of Article action to prosecute those jail officers who are responsible for 11 of the Constitution," the judge said.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 23 SRI LANKA

A Victim's Account in Video Woman Harassed by Police Recounts Fiancè's Death

(The following is the English translation of a verbatim statement made by a 26-year-old Sri Lankan woman whose fiancè was allegedly killed by two police officers. In her account videotaped recently by the Asian Human Rights Commission, Lankapurage Sunethra Malkanthi reveals that three police officers from the Welipenna Police Station have made sexual advances to her for several years. Her relationship with M.R.D. Saman Priyantha Guneratna, 29, also made these officers jealous. They often harassed him in a bid to bring pressure on her. Guneratna was shot dead by two police officers at close range when he was driving his open lorry along a gravel road on May 30. The two officers arrested claimed that they shot Guneratna because he refused to obey their order Sunethra Malkanthi tells her ordeal. (Photo: AHRC) to stop the vehicle. Malkanthi demands a proper inquiry into her fiancè's death and the the police at Welipenna used to catch He started making bricks with the machine perpetrators be punished.) Saman selling his illicit liquor and take him and doing odd jobs with the tools. I then to the police station and I would have to mortgaged my house to finance a company am Sunethra Malkanthi and I live near go to the station to rescue him. After some and bought a tipper lorry. I Kappettiyagahalanda Dalanda time he stopped selling illicit liquor. But Nagaraya Village. the problems with the police continued. Saman used this lorry for his work, which Even though he was innocent of any crime, took him past the Welipenna Police Station In January 1996 I was married to a the police tried to implicate him in cases. several times a day to buy sand and soldier and moved into his home. On June They used to file fabricated cases against transport the bricks. Even though they 18 of the same year my husband passed him saying that he was still selling illicit knew that Saman was no longer engaged away. He was killed in combat. For about liquor. I pleaded with the officer in charge in illicit work, the police often caused us a two years after that I continued to live at of the station, Mr. Padmalal, that Saman lot of trouble. They knew that I was his home and then I returned to my had done nothing wrong and not to receiving a pension from the army and that parent's home where I am staying now. I implicate him in these cases. I told him I was unmarried. However, I was intending met a person called Saman Priyantha who that Saman had a place to live (with me) to marry Saman, which is why I bought the came to our home with my brother. At that and that I received a pension from the tools and the lorry. time he was selling illicit liquor and I army because of my ex-husband, who had developed a relationship with him because died. It was during this time that a sub inspector I often had to rescue him due to business by the name of Silva was very angry with dealings. Police Jealousy me. There was a sergeant called Premarisi who was also angry with the two of us. I Later I bought my own property at a place To earn a living, I bought Saman a know that they were jealous of Saman. As called Marindagoda and built my own machine to make cement bricks. I also a result of this, Saman and I considered house there. It was during this time that bought him tools to do carpentry work. selling the property and moving away from

24 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 SRI LANKA

the village. However, I had to obtain a letter Saman. They used to tell me that he was they just used to come and take him away, from the government village representative, unsuitable for me. They told me that there even using force in order to get their work Mr. Ramasevaka, every month in order to was no need for me to marry anyone and done. Saman used to comply with them obtain my ex-husband's pension. Without the that if I needed any help, anything at all, because he was afraid of them. letter I would not be able to obtain the they would help me at any time. money. So when Saman suggested that we So I believe the police were angry at Saman sell our property and move elsewhere, I was Both before the shooting and afterwards and thought that if they could get rid of reluctant to do so. I was hoping that after we the police made indecent proposals to me him then they could get to use me. They bought the lorry Saman and I could get and were very persistent. However, I chose tried to kill Saman in such a way that no married and reside permanently in the house Saman and intended to spend the rest of one would be caught for the crime. But, that we were living in at that time. my life with him. I did not want any we later found the culprits and the police relationship with the policemen. They admitted that they were guilty. Otherwise, Guneratna's Death continued to harass us and arrest Saman even today we would not know who shot because they knew that every time they did Saman. It was the villagers that cornered On May 28, I went to Anuradhapura with so I would turn up at the station to rescue the police officers. Later when officers Saman's father. Saman stayed at home and him. Very often when I visited the station arrived from several other police stations, was working with his lorry and transporting I saw that the officers were drunk. On those they surrendered themselves to the police. sand and stones. I returned on the evening occasions they used foul language and of May 30 and learned that Saman was shot. made sexual innuendoes to me. It was Court Hearing The shooting took place when he was on his insulting and demeaning I cannot bring way back after transporting some timber. myself to repeat here what they used to On June 8, the case was presented in the There were two people involved and one of say to me. This happened very often. Matumaga Magistrate's Court and the two them was Sergeant Premasiri. The two of officers who shot Saman were remanded. them shot Saman. When I learned of the Sometimes Saman would stay out working No lawyers from that court were willing to shooting and that Saman was in hospital, I overnight or visit his mother and return represent me and it was clear that all of immediately went there but was not allowed home late in the evening. On those them supported the police. I was offered to see him. Soon after I learned that he had occasion the police used to visit my home, no justice from the Matumaga Magistrate's died. using the excuse that they were looking Court and until now the case is still for Saman. If Saman was home they would pending. If we cannot get any justice I then prepared the funeral arrangements talk briefly and then leave. But if he was through this court, I hope there are other for Saman, covering all the expenses myself. not at home they would try to persuade legal mechanisms that can punish these The vehicle, which was hit by bullets during me to agree to their suggestions that I perpetrators. the incident, was at the Matumaga shouldn't marry Saman but rely on them Magistrate's Court and I learned that not a for any help. I told them that I would never Saman went to a village to collect some single lawyer from that court wanted to agree to such suggestions. I am not such a timber from a house that had been represent me in the case. Neither the woman that would do that sort of thing. I demolished near the place where the Matumaga court nor the police offered me chose Saman because he was from my own shooting occurred. After the shooting the justice. village and we suited to each other. I had police claimed that he was transporting every intention of marrying him. stolen timber and used that excuse for I hope that the perpetrators will be punished shooting at the lorry. They also stated that and given the highest possible sentence they Sometimes when Saman was using his lorry they ordered him to stop and opened fire deserve. the police would employ him. The police when he did not. However, the road that started using Saman and the lorry to Saman was driving on was not one that Indecent Proposals transport their own things. I was worried anyone could drive fast. It was very narrow. about this and believed that the police Also, at the time of the shooting there was Saman was often arrested and taken to were looking for a way to harm him. I no timber or wood on the lorry as he had the Welipenna Police Station and I always warned Saman about accepting work from unloaded the wood at another location went to have him released. Sergeant them. I told him that we were under no and was returning home. The case that Premarisi and Sub Inspector Silva of that obligation to accept personal requests the police filed stated at the time of station used to tell me I didn't need to marry from the police officers. But sometimes the shooting the lorry was transporting

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 25 SRI LANKA

timber illegally. used to falsify evidence, which they presented to the officer-in-charge. When I went to the About half an hour after the shooting the station I used to strike my head against the provincial council member arrived along ground and plead with them not to implicate with two assistant superintendents of Saman in such cases. Even Saman used to police. At the time there was not one piece say it was unfair that I was involved every time of timber or wood in the vehicle. But the he was arrested. Both of us were afraid of police filed their case stating that there was the police at this station. Often we were timber in the lorry. The police took some presented in court and I was always the one timber from another property and showed to rescue Saman and secure his release. it to the judge as evidence to support their case. Before I went to the vehicle the police Some time ago we had a three-wheeler, a tried to load the lorry with timber taken from trishaw that Saman operated. One day one somewhere else. I scolded them and told of Saman's friends, without our knowledge, ANWAR IBRAHIM them not to put anything in my lorry. I told used the trishaw to transport some illicit 2,110 DAYS IN PRISON them that I would stop them even if they tried liquor. The police chased and intercepted (as of July 1, 2004) to kill me. So they stopped. After a magistrate the trishaw and Saman told the police that arrived at the scene, they took the lorry to the cargo did not belong to him. The owner the police station and then later to the court. of the liquor and Saman were taken to the Even then they were still claiming that there police station and later produced in court. was timber in the vehicle. Saman was fined 125,000 rupees for possession of the liquor even though it did AHRC Victims Fund The wood that the police were trying to use not belong to him. I didn't have the money as evidence was in fact located at a property to pay such a huge fine and the trishaw was Human rights abuses are prevalent near to the crime scene and was owned by kept by the police for 10 months. As the in Asia. The victims are often the the owner of that property. trishaw was kept under the sun and rain all poor. Whether they are victims of that time, its condition deteriorated so badly disappearance, torture, The crime scene is on a gravel road and it is that it became unusable. Also, anything useful impossible to drive fast on such a surface. The in the trishaw, the battery for example, had extrajudicial killing or other forms police were able to get very close to Saman been removed. I felt very helpless at that time of abuses, they and their families before they shot him. Even a bicycle cannot because I could not get the trishaw back. all suffer-physically, psychologically go fast on that road. and financially. They need support. Due to the fact that I had an income from I admit that Saman used to make and sell the pension I was able to borrow money at a To help the victims and their illicit liquor, but I wanted him to get out of very high interest rate of between 15 per cent families, the Asian Human Rights this work and that is why I bought everything and 20 per cent per month. But even with Commission has set up a Victims for him including the brick making machine the loans I was still unable to retrieve the and carpentry equipment. I spent my own trishaw. I pursued the case in court at Fund. You can pitch in by sending money to buy the property and build the Kaluthra and went there three or four times a cheque in U.S. dollars payable to house. I did all these things to get him out of and was finally able to have the fine reduced the "Asian Legal Resource Centre the illicit work and Saman took advantage of to 25,000 rupees. Saman was implicated and Ltd." to the following address: this to clean up his life. there was no way to confront the police. We were concerned that our lives might be 19/F Go-Up Commercial Building Money Matters threatened. Eventually, I borrowed money 998 Canton Road from many places and managed to get back Mongkok When they used to arrest Saman, I would go the vehicle. The 25,000 rupees that I used to the station and used to beg the officer-in- for bail are still in the police station as is all Kowloon charge, Padmalal, by holding his feet. I would the other bail money that I used to bail out Hong Kong tell him that Saman was innocent and to leave Saman. us alone. But the officers who arrested Saman

26 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 RIGHTS OF DETAINEES

Upholding Rights of 'Terror' Detainees Kishali Pinto-Jayawardena

(The author is a public interest lawyer and a deemed a threat to the coalition even after columnist for the Sunday Times in Sri Lanka. the transfer of sovereignty. The article was originally appeared in the July 2 issue of Jana Sammathaya, a weekly e-newsletter Responding to this claim, groups such as on Sri Lankan folk issues run by the Asian Human Human Rights Watch pointed out that Rights Commission.) international humanitarian law as exemplified in the 1949 Geneva Conventions hould detainees held as "enemy permit detention without charge of prisoners S combatants" on the shores of the United of war and other detainees only in two States or in foreign bases such as contexts: in the case of an international Guantanamo Bay be afforded basic rights, armed conflict between governments, or including access to an attorney and the right during an occupation. to challenge their detention in court? The answer to this query seems astonishingly A detainee is escorted to a security In the case of Iraq, however, neither of these simple and resoundingly in the positive. Yet, facility at Guantanamo Bay. (Photo: contexts will be applicable after the end of U.S. Department of Defence) for years, this most fundamental of questions June. Consequently, practices of detention has been in limbo in the United States; the basis for that detention before a neutral without charge by the U.S. military will no first and one of the most poignant victims of decision-maker. longer be possible. the "war on terror" waged with impunity by the Bush administration. The Supreme Court rulings will come as Abuse in Abu Ghraib Prison additional - and very welcome support - for This cloud of uncertainty was dispensed to civil rights lobby groups within the United Interestingly, the reluctance of the current some extent by rulings by the U.S. Supreme States itself who are urging the current U.S. U.S. administration to allow detainees being Court in three cases that deal with the rights administration to refrain from outraging held by the U.S. military to pass out of its of U.S. detainees held as "enemy combatants" basic principles of humanitarian law in the hands has many points of origin. Earlier, it and foreign detainees at Guantanamo Bay war theatres that the United States maintains was the high sounding albeit undeniably on June 28. abroad. arrogant argument that American justice is second to none in the world. However, the In one of the cases involving a U.S. born Prisoners in Iraq documented instances of prisoner abuse at detainee of Saudi origin, who had been Abu Ghraib prison in Iraq has put paid to detained without access to court after being While the cases did not concern prisoners this assertion with a vengeance, making suspected of having Taliban links, the held at the now notorious Abu Ghraib prison, public a truth that was the worse kept secret Supreme Court in a majority ruling of eight the general outrage manifested in the for many months. to one, affirmed his right of access to an United States over the inhumane prisoner attorney and to challenge his detention in abuse in the past few months in Iraq formed It has now been proved beyond any doubt court. a significant background to the judicial (as conceded by a few senior administration rulings. There is no doubt that the opinions officials themselves) that the official Writing the majority opinion, Justice Sandra expressed by the Supreme Court will government policy of permitting illegal Day O'Connor acknowledged the power of buttress the raising of additional questions interrogation techniques was the starting Congress to give the president authority to relating to detention of prisoners point for these abuses, most notably in detain citizens in the war under "very limited after the transfer of sovereignty to Iraq on reference to Iraq and Afghanistan prisoners. circumstances". However, she asserted a vital June 30. Guantanamo Bay provided the most qualification to this authority. Due process astonishing example in this regard. demanded that a citizen held in the United Earlier, the U.S. military in Baghdad said that States as an enemy combatant be given a the United States would continue to detain Despite campaigns of civic agitation by old meaningful opportunity to contest the factual without charge some 4,000 to 5,000 prisoners and highly respected civil rights bodies, such

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 27 RIGHTS OF DETAINEES

as the American Civil Liberties Union, as well humanitarian law and condoning torture as our civil society. as Amnesty International and Human Rights a method of interrogation. The stupendous Watch, the Bush administration proceeded manner of the abuses practised in that prison Change Needed regardless. compelled the U.S. administration at long last, to publicly acknowledge that something The impunity with which the United States Internal warnings of detainee abuse also left was wrong. Its prevarication with regard to continues to disregard basic human rights the government undeterred, including a substantive accountability for its practices of and humanitarian norms sets, of course, a stern caution from the Office of the Inspector detention however continues. dire precedent for other countries. General, an agency watchdog within the Increasingly, one is beginning to hear U.S. Ministry of Justice. The Office of the Thus, we have now a more sophisticated murmurs from other governments that, what Inspector General faulted officials of the argument than the supremacy of American is good for the goose should also be good for Justice Department, the Federal Bureau of justice, put forward to justify its decision to the gander. This is a slippery slope of the most Investigation, the immigration and the continue detaining Iraqi prisoners without dangerous kind. It is heartening that the prisons for their treatment of non-citizens charge. Iraq, it is said, does not have the U.N. Committee on Torture has now called detained ostensibly on immigration charges capacity to superintend the detention of its for both the United States and Britain to but under investigation with regard to so-called insurgents or conduct their trials. present reports relating to prisoner abuse in terrorism crimes. Its report found prolonged But this claim is also easily defeated by their detention facilities, but what the U.N. detention without charge, denial of access questioning as to why the United States does can do as far as the United States is concerned to legal counsel and excessively harsh not, in the first and most obvious instance, is historically limited. However, an conditions of confinement with regard to the allow responsibility in this regard to pass to international "constituency of resistance" detained individuals. the International Criminal Court? Instead, against powerful nations that put themselves the current administration attempted to press beyond the rule of law appears to be growing Where domestic agitation failed, the United Nations Security Council to renew in strength. In the final analysis, it is only this international pressure did not succeed either. its 2000 and 2003 exemption of its troops force that can prod the U.N. into action. The United States was not overly disturbed from prosecution for war crimes when by pronouncements from regional tribunals serving in any U.N. peacekeeping operations. The U.S. Supreme Court rulings will help such as the Inter American Commission on this "constituency of resistance" in a very Human Rights, which urged the United From another perspective, the practice of particular way; unlike administration States to determine the status of prisoners entering into non-surrender agreements with warnings or ruling by foreign tribunals, this held at Guantanamo Bay and afford them individual countries putting nationals of both is a reprimand delivered by the highest the rights that correspond to that status. The signatories beyond the jurisdiction of the judicial authority in the United States itself. Abu Ghraib incidents, which are not isolated International Criminal Court under the Accordingly, the Bush administration cannot to that prison alone, were the direct result of Rome Statute continues. As maybe disregard the rulings in quite the same a deliberate policy of keeping detainees remembered, Sri Lanka was one of three juggernaut way in which it proceeded earlier. beyond the bounds of international countries from the South Asian Association for Regional Cooperation The point being made here is not difficult to to sign such an agreement comprehend. Significant overall change is during the pendency of needed in the patterns of detention engaged the previous government. in by the U.S. military authorities. Detainees Unlike protests in should be held subject to the guaranteeing Thailand against a similar of their basic rights, whether in the United attempt on the basis that States or in the facilities maintained abroad. it offended the principle Interrogation techniques practised on them of sovereignty and should should not violate humanitarian law. Without be approved by this, a few individual hearings before military parliament, we did not tribunals with regard to lower ranking react in any way, which is, members of the military conveniently cast as of course, not surprising scapegoats will accomplish little except set Detainee bunks in a medium security facility at given the present the United States even further beyond the Guantanamo Bay (Photo: U.S. Department of Defence) somnambulant state of norm of the community of nations.

28 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 PAKISTAN

Scrapping Sources of Oppression - Hudood Laws Idara-e-Amn-o-Insaf Lahore

(Idara-e-Amn-o-Insaf Lahore is the Lahore examine the Hudood Ordinances of the feudal system should both be branch of the Committee for Justice and 1979. That special committee abolished, he said. Peace in Pakistan.) concluded that the four Hudood Ordinances patently contained Terrorism and religious extremism are wenty-five years back, in the conceptual inaccuracies, textual the natural outcomes of the "unholy T process of Islamisation of the errors, discrimination on gender and alliance" of the military rulers and the society, hudood laws were religious lines and flawed application religious clerics in Pakistan, Minto promulgated in Pakistan by the of law that have caused gross injustice said. Such a situation has not only military ruler General Muhammad Zia to the people. subjected the minorities to repression, ul-Haq and Islamic Shariah was but also made the whole nation the imposed by enforcing Islamic The committee recommended victim of that oppression, he said. punishments in the form of hadd. Hadd immediate repeal of the hudood laws. is a punishment as ordained by Islamic The national commission adopted the Razvi, meanwhile, noted that 80 per injunctions. Those punishments recommendations, which were cent of female prisoners were convicts provide stoning to death, whipping forwarded to the federal government under the Hudood Ordinances. The and amputation of hands and feet. and the president for implementation. incidents of violence against women According to state declarations, those In consequence thereof, President have increased beyond proportions steps were taken to make Pakistan an Pervez Musharraf has made a few after promulgation of these laws, Islamic state, in which people would public declarations that the hudood added the chairwoman of the National lead their lives according to the laws needed review and more Commission on the Status of Women. injunctions of Islam, and to deliver consideration. Yet removing flaws and errors in these justice to the people, especially laws is not possible, as it is like an old women. Realising the need to lobby for the cloth that will tear further if mended recommendations for the repeal of the at one place, she said. The national During these 25 years of Islamisation Hudood Ordinances and for opening commission had recommended for the not only minorities but also women public debate and opinion making, the repeal of the hudood laws and the were subjected to state oppression Idara Lahore organised a seminar on matter is now with the president and because of retrogressive and sectarian "Hudood Ordinances and Other the federal government, she noted. legislation. The country's progressive Discriminatory Laws against Women circles, minorities and women and Minorities" in Lahore on June 24. Syed Afzal Haider, a former president organisations have been raising their It was attended by a cross section of the of the High Court Bar Association in voices against this retrogressive and society. Lahore and a former law minister of oppressive legislation in the name of Punjab, discussed the subject from religion. The federal government has Abid Hassan Minto, a renowned lawyer different angles of Islamic constituted three commissions so far and the president of the National jurisprudence. Haider said the Holy on the subject, respectively headed by Workers Party, told the seminar that Quran did not prescribe the Zari Sarfraz, Justice Nasir Aslam Zahid derogatory norms, practices, customs punishment of rajam, stoning to death. and Justice Majida Razvi. and traditions of the patriarchal society The remote reference found in the were part of the feudal system. The Sunnah, the life of holy prophet The National Commission on the system is not only oppressive but is the Muhammad, has not been interpreted Status of Women under the leadership cause of retrogression that retards the in its historical perspective. He said of Razvi constituted a 14-member process of social development, Minto Islam laid much emphasis on special committee to thoroughly said. Therefore, the hudood laws and forgiveness rather than punishment.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 29 PAKISTAN

The religious clerics have made Islam produce such kind of evidence to institutions that generate the merely a religion of severe punish the perpetrators and are roped sentiment of hate and socio- punishments. Those punishments in on their own statements, which will religious intolerance religious should be repealed, said Haider, who be treated as confessions. That is why extremism and violence in the name is also a member of the special female victims are put in jail while the of religious jihad should be committee under the national perpetrators are at large and free to substituted with such literature that commission on women to review the harm more victims, Shakir said. In the fosters love, brotherhood and socio- legislation. religious fervour to Islamise the religious tolerance. society, Zia also brought non-Muslim Naeem Shakir, the Idara Lahore citizens under the application of - We urge the government to take chairman and a member of the special Islamic Shariah and that is state immediate steps to demilitarise the committee, said many Muslims in oppression against the minorities, he state and the society. We further Pakistan were swayed by religious said. urge to disarm and ban different sentiments and stood up against those religious outfits operating in the who indicated that the hudood laws Other speakers, Professor Neelam country under different names. failed to deliver justice and demanded Hussain from SIMORGH and Uzma for their abolition. "They think as if we Saeed from Aurat Foundation, also - We strongly urge the government to were disturbing divine laws," said urged for the repeal of the hudood take immediate steps to stop killing Shakir, a lawyer. laws. The activists from the two women of people especially women in the groups said the promulgation for such name of honour by abolishing all Yet these laws were framed by laws by the military regime and those norms, practices, customs and draftsmen of the Ministry of Law under prescribing punishments of the traditions in the name of karo-kari the advice of a Saudi religious scholar medieval era were, in fact, meant to or in any other name. who was especially engaged by Zia. The create general scare and to legitimise laws were never put before any forum an- undemocratic government. - We strongly feel that many of our of assembly for debate or economic and social ills are due consideration. Treating these laws as The participants unanimously passed to the feudal values and system divine is not only a misconception but the following resolutions at the that retard the process of social creates a lot of problems, Shakir said. seminar: development and therefore demand immediate abolition of the feudal Pakistani women and the minorities - We demand for the repeal of system in the country. remain subjected to the rigours of the Hudood Ordinances and strongly Hudood Ordinances, as their support the recommendations of - On the decisions of jirga (council of testimonies under these laws have been the National Commission on the local elders) women are subjected to rendered inadmissible for the offences Status of Women. We urge the physical and sexual violence as a laid in those laws, especially rape and president and the federal punishment for disobeying and going adultery. According to the standard of government to bring an end to the against oppressive and discriminatory evidence, to prove the commission of state oppression and stop the policy traditions and customs. And for the an offence of adultery or rape it of appeasement, which is the main past many years there has been a requires to have four adult male hindrance in doing away with growing trend towards such killings. Muslim eyewitnesses. Such a standard discriminatory legislation. We urge the government to take throws women and the minorities out immediate measures to stop these of the witness category and thus they - We urge the government to stop inhuman acts. are discriminated and marginalised, he applying Islamic Shariah on non- said. Muslim citizens and bring an - We urge the government to award immediate end to discrimination exemplary punishment to the killers Moreover, only that the witnesses are against them by repealing all of Javed Anjum and Samuel Masih supposed to be leading a life according sectarian legislation. who lost their lives under blasphemy to the ordained injunctions of Islam, law and hate sentiment against the victims of rape are unable to - The syllabi of educational Christians.

30 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 Latest Lesson Series The Practice of Honour Killings Human Rights Correspondence School

(The Human Rights Correspondence School of the Asian Human Rights is party to numerous international conventions that include specific Commission can be found on the Internet at www.hrschool.org.) provisions on the rights of women, the rights to due process and fair trial, all such rights are violated by the practice of honour killings. Violence against women is an unfortunate but common human rights violation, particularly in South Asia. The practice of honour Contrary to popular belief, the jirga tradition has no relationship to killings is a particularly atrocious form of such violence against religion. Most commonly, it is the disputes related to zar (money), women. In some instances, honour killings take the life of men and zin (women) and zameen (land) that are settled through the jirga. children as well, not just women. Honour killings have a long history The members of the jirga are always men and the representation of steeped in traditional forms of justice with no relation to the effective women is not permitted. Even when women are the victims, they rule of law. are not heard.

The lesson series 35 of the Human Rights Correspondence School Although illegal, the jirga is a powerful institution within the Pakistani examines the practice of honour killings in Pakistan, where the informal justice system, which is influenced by wealthy clans, biased practice of honour killings is linked to the traditional system of jirga against the women and the poor, and condoned by the police. or panchayat rule. These tribal councils act as parallel legal systems within the country and not only prevent the abolition of honour Even state officials have used jirgas to solve criminal cases pending in killings, but actively encourage them. These bodies are also primary court. Many jirga leaders are parliamentarians or members of the obstacles towards human rights protection and the establishment civil administration, or have family links to the administration. In of effective rule of law. their official capacity they talk about human rights for all, yet in their constituencies they participate in tribal courts, handing down There are three lessons with questions for discussion in this series. punishments in violation of basic human rights principles.

Lesson 1 introduces the practice of honour killings in Pakistan and The 1979 Constitution of Pakistan guarantees women's equality provides specific cases as illustration. The term "honour killings" before the law. However, the Qisas (retribution) and Diyat comes from the idea of killing for "honour", usually that of the (compensation) law, which covers offences relating to physical injury family. Females are believed to be the repositories of such "honour", and murder, does not conform to the standards laid out in the as well as being the possessions of men. When this honour is believed constitution. to be besmirched, and when possessions are thought to be "tainted", such killing is allowed as retribution and as a means to defend Lesson 3 focuses on the collapse of the rule of law within the country, "honour". The practice is given legitimacy due to the traditional which prevents the deterrence of honour killings. In recent years, authority of the jirgas or the panchayats, which firmly abide by such the establishment of military courts and rule has undermined the practices. little legal framework that exists in Pakistan. The collapse of the rule of law stems not only from poor legislation, but also from ineffective According to these tribal councils, in cases where a woman is believed justice mechanisms -the institutions responsible for enforcing the to have "dishonoured" her family with immoral conduct, all those legislation and protecting the rights of the people under the country's responsible should be killed or otherwise punished. The undefined constitution are currently in a state of corruption and decline. One concept of "honour" and of what undermines it leads to almost of the reasons that is consistently cited for why the jirga system is still every act of female disobedience amounting to "dishonouring" the so common throughout the country, is precisely because of the family. The truth of such an allegation of inappropriate behaviour ineffective and drawn out process of official justice. does not need to be established. It is only with the abolishment of the jirgas and the reform of Pakistan's Lesson 2 examines the national and international legal framework legal system and institutions that human rights violations such as relating to honour killings and the system of jirgas. Although Pakistan honour killings will cease, the lesson concludes.

Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 31 *#'!')

"My son Shiva died...because of malnutrition. He had no medicine, no proper place to live. He was in hospital for two months, and died when he was three years old," E.M. Parvati says. Shiva's family was among some 7,000 Dalits forcibly evicted from Bellilious Park in Howrah in West Bengal, India, by the authorities without any compensation or resettlement in February last year.

Many sad hunger stories like that of little Shiva are being neglected, unheard and ignored in different parts of the world. The victims suffer in silence. Our society is not poorer than it was in the past. Why is that the problems of starvation, malnutrition and other related problems are unabated?

To raise awareness and prompt action on poverty- related issues in the region, the Asian Human Rights Commission has launched a campaign of Hunger Alert. It aims to break the silence of suffering and bring the plight of these people to public concern. Hunger Alert can be reached by email at:

Individuals or organisations can send untold stories and latest information concerning those people who face hunger and related problems, or the threat of starvation, together with contact details, to Hunger Alert. Upon verification, the news will be shared with a large audience throughout the world via email networking and websites. The approach Little is modelled on the AHRC's Urgent Appeals programme (www.ahrchk.net/ua),which receives information by email at Shiva . Dies of For further details on Hunger Alert, contact the AHRC.

Malnutrition (Photo:MASUM) We want to hear from you.