Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND17412 Country: India Date: 12 July 2005

Keywords: India – (Marxist) – Christians – Calcutta – Bangladeshis – Police

This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Questions 1. Are people perceived to be Bangladeshi migrants subject to discrimination (or more serious harm) in Calcutta at present? If so why, and by whom (eg police, or the general community?), and how widespread is it? 2. Is this a problem throughout India? 3. Where are the CPIM active (eg Calcutta only)? 4. Are they known to target migrant groups or Christians? 5. It appears from the FIDH report that the Calcutta authorities failed last year to protect victims of the CPIM. Could you clarify if that is because the CPIM have some influence in the area?

RESPONSE

1. Are people perceived to be Bangladeshi migrants subject to discrimination (or more serious harm) in Calcutta at present? If so why, and by whom (eg police, or the general community?), and how widespread is it? 2. Is this a problem throughout India?

Sources cited below report on the problems associated with identifying Bangladeshis. Information on whether people perceived to be Bangladeshi migrants are subject to discrimination or more serious harm in India was scarce. Two recent incidents in Assam and Orissa are detailed below.

Identifying Bangladeshis

An email from the Asian Human Rights Commission (AHRC) dated 22 June 2005 reports that the Delhi administration presumes that “any person who speaks Bangla language and is also a Muslim is a Bangladeshi” (Leena, D. 2005, Email from the Asian Human Rights Commission ‘A family forced to live under starved conditions in the national capital of India’, 22 June, Vol. 1, No. 7 – Attachment 1).

An article dated 12 June 2005 in The Telegraph comments on the difficulty of separating Bangladeshis from residents of Bengal, Bihar and Assam.

“There is no option but to go to the apex court as it is virtually impossible to separate Bangladeshis from the lot belonging to Bengal, Bihar and Assam. Most of them have changed their identities. They have Hindu names and have even got ration cards. Many of them have picked up Bihari and dialects of and some do not even speak their language at all. Finding them is like finding a needle in a haystack. …” said an official (Kumar, Manan 2005, ‘No work permits for settlers’, The Telegraph, 12 June http://www.telegraphindia.com/1050613/asp/nation/story_4860728.asp – Accessed 29 June 2005 – Attachment 2).

An article dated 28 May 2005 in reports on the difficultly of distinguishing illegal immigrants from those who entered Assam prior to 25 March 1971.

There is no way illegal migrants can be distinguished based on physical appearance from those who entered Assam prior to March 25, 1971 (the cut off date in the Assam Accord). There has also been intra-State migration of pre-1971 settlers in search of livelihood due to acute agro crisis and loss of their habitats as well as cultivable land (large sandbars in the heart of the Brahmaputra known as Chars) caused by annual floods and erosion. This makes it difficult for local people to distinguish a genuine Indian citizen from an illegal migrant. In such a situation there is every possibility of pre-1971 immigrant settlers being wrongly suspected of being an illegal migrants when the locals belonging to the majority Assamese speaking population decide to respond to an appeal for an economic boycott of illegal migrants, out of their genuine fear of being marginalised (Talukdar, Sushanta 2005, ‘No welcome for them in Assam’, The Hindu, 28 May – Attachment 3).

An article dated 25 May 2005 in The Economic Times reports that the Union Home Minister, Shivraj Patil, is concerned that the campaign against illegal Bangladeshi immigrants may also hurt Bangla-speaking Indians.

“This campaign may also hurt Bangla-speaking population in the country, particularly in West Bengal,” the home minister said (‘Central govt wants no “hype” over drive against immigrants’ 2005, The Economic Times, 25 May http://economictimes.indiatimes.com/articleshow/1120641.cms & http://economictimes.indiatimes.com/articleshow/msid-1120641,curpg-2.cms – Accessed 5 July 2005 – Attachment 4).

Assam

An article dated 18 May 2005 by The Islamic Republic News Agency reports that the Assam State Government has announced the formation of “vigilance groups to prevent harassment of genuine Indians in the name of hounding Bangladeshi nationals.”

The government in India’s northeastern state of Assam Wednesday announced formation of vigilance groups to prevent harassment of genuine Indians in the name of hounding suspected Bangladeshi nationals from the state, officials said.

“The vigilance committees will comprise representatives of political parties, eminent citizens, police and members of social organizations to monitor the process of identification of suspected Bangladeshi migrants in each and every district of the state,” Assam Chief Minister Tarun Gogoi told IRNA.

The formation of the vigilance committees comes in the wake of reports of ‘harassment’ of Indian citizens in the name of evicting illegal Bangladeshi nationals from Assam (‘Vigilance groups to prevent harassment of genuine Indians’ 2005, Islamic Republic News Agency, 18 May http://www.irna.ir/en/news/view/line-17/0505180839143210.htm – Accessed 5 July 2005 – Attachment 5).

An article dated 16 June 2005 by BBC News reports that Muslims of Bengali origins have been driven out of Assam during the recent drive against Bangladeshis.

As Assamese regional groups renew their drive against those they believe are “illegal infiltrators” from neighbouring , these Muslims, whose ancestors settled in Assam several decades ago, are becoming easy targets.

…Groups like the Chiring Chapori Yuva Manch (Youth Forum of Chiring Chapori) have resumed the drive against the “illegal migrants” in northern Assam

…The victims of the Chiring’s eviction drive are Muslims who migrated to Northern Assam from the state’s western districts.

Most Muslims evicted from Northern Assam allege the police have actively backed the Chiring supporters in the pogrom.

The police deny the charges.

But the stories told by the Muslim community paint a very different picture.

“The policemen broke into our house. We produced our citizenship certificates and voter’s identity cards, but they insisted we are Bangladeshis. They would listen to nothing,” said Mohammed Jehangir, who worked as a mason in Dibrugarh.

…The Assam administration says only about 600 to 700 Muslims may have been evicted from northern Assam districts.

Many Muslim leaders of the Congress are angry at the “indifference of the state government”.

They say the number of those evicted are in thousands rather than hundreds, forced out of northern Assam in trucks.

They are compelled to travel in pitch dark to avoid police attention – and the gaze of the Assamese youth activists (Bhaumik, Subir 2005, ‘Assam’s victims of “religious hatred”’, BBC News, 16 June http://news.bbc.co.uk/2/hi/south_asia/4094918.stm – Accessed 5 July 2005 – Attachment 6).

Orissa

An article dated 17 January 2005 in The Statesman reports on the serving of Quit Indian Notices on Bangladeshis in Orissa. The article notes that some of the residents served were legitimate Indian citizens.

The Quit India Notice exercise today progressed at a snail’s pace due to the non-cooperation of residents in helping authorities locate the houses of illegal Bangladeshi infiltrators. Locals alleged some genuine settlers had been served with the notice yesterday and hence they were opposed to the move.

…Mr Mrutyunjaya Mandal, sarpanch of Ramnagar GP, presently undergoing the notice service exercise, said the village panchyat body representatives extended the desired assistance yesterday. But now onwards it would no more be so. “We simply should not be a party to injustice as majority of those being served with notice are bonafide Indian settlers and migrants from neighbouring West Bengal,” he quipped. A sizeable number of Bangla infiltrators, who were served with the Quit India notice since yesterday, have threatened to seek judicial intervention challenging the notice service on the ground that legitimate Indian citizens like them were tagged as foreign nationals.

…The sarpanch, Ramnagar GP Mr Mrutyunjaya Mandal and former sarpanch, Kharinasi GP, Mr Narayan Haldar who helped the police in identification of the enlisted persons yesterday later took strong exception at the manner which legitimate Indian citizens were served the notice to quit the country within a month. Citing the instances of Mr Prafulla Mistry and others who were registered refugees, they threatened that the bonafide citizens served with ignominious quit the country notice would knock at the Orissa High Court. Gross injustice is being meted out to these unarmed men battling for bread and butter here. It’s almost like sending them to gallows (‘Loathe to quit India’ 2005, The Statesman, 17 January – Attachment 7).

An article dated 11 March 2005 in The Statesman reports that the Orissa State Government has asked the 1,548 Bangladeshis from Kendrapara, who were served with Quit India Notices, to submit relevant documentary evidence by 10 April 2005 to prove they are Indian citizens (‘“Infiltrators” asked for roots proof’ 2005, The Statesman, 11 March – Attachment 8).

3. Where are the CPIM active (eg Calcutta only)?

Election results cited below suggest that the CPIM (Communist Party of India (Marxist), CPI(M), CPI-M and CPM) are present in Andhra Pradesh, Assam, Bihar, Gujarat, Jammu & Kashmir, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh, West Bengal, Chhattisgarh, Jharkhand, Uttaranchal, Andaman & Nicobar Islands, Dadra & Nagar Haveli. Sources cited below suggest that the CPIM are strongest in Kerala, Tripura and West Bengal.

According to Wikipedia the CPIM “is strongest in the states of Kerala, West Bengal and Tripura.” Wikipedia continues stating that as of 2002 the CPIM claim to have 814,408 members (Wikipedia 2005, ‘Communist Party of India (Marxist)’, 23 June http://en.wikipedia.org/wiki/Communist_Party_of_India_(Marxist) – Accessed 29 June 2005 – Attachment 9).

14th Election

According to the Election Commission of India, the CPIM won 43 out of the 69 seats it contested in the 2004 General Election to the 14th Lok Sabha. The CPIM election results are as follows. STATE STATE NAME SEATS SEATS FD IN VOTES % OF CODE CONTESTED WON SEATS POLLED BY VOTES PARTY POLLED

S01 ANDHRA PRADESH 1 1 0 373148 1.04

S03 ASSAM 2 0 2 68627 0.66

S04 BIHAR 1 0 0 227298 0.77

S06 GUJARAT 1 0 1 16301 0.11

S09 JAMMU & KASHMIR 1 0 1 18466 0.82

S11 KERALA 13 12 0 4754567 31.52

S12 MADHYA PRADESH 1 0 1 9936 0.05

S13 MAHARASHTRA 3 0 1 246349 0.72

S19 PUNJAB 1 0 0 185444 1.81

S20 RAJASTHAN 2 0 2 89042 0.51

S22 TAMIL NADU 2 2 0 824524 2.87

S23 TRIPURA 2 2 0 911073 68.8

S24 UTTAR PRADESH 2 0 2 19037 0.02

S25 WEST BENGAL 32 26 0 14271042 38.57

S26 CHHATTISGARH 1 0 1 16479 0.23

S27 JHARKHAND 1 0 1 37688 0.4

S28 UTTARANCHAL 1 0 1 4360 0.16

U01 ANDAMAN & 1 0 1 4175 2.71 NICOBAR ISLANDS

U03 DADRA & NAGAR 1 0 1 1158 1.37 HAVELI

TOTAL (ALL INDIA) 69 43 15 22070614 5.66%

(Election Commission of India 2004, Provisional Statistical Report on General Elections, 2004 to the 14th Lok Sabha Volume 1 (National and State Abstract & Detailed Results), pp.110 & 124 – Attachment 10).

An article dated 17 May 2004 by BBC News reports that the CPIM will not participate in but will support the newly elected Congress Party Central Government (Biswas, Soutik 2004, ‘India’s communists shun national stage’, BBC News, 17 May – Attachment 11).

State Elections Andhra Pradesh held its Legislative Assembly Election in 2004, the CPIM won nine seats (‘Andhra Pradesh Assembly Elections 2004 Results’ 2004, Indian Elections website, 11 May – Attachment 12).

Jammu & Kashmir held its Legislative Assembly Election in 2002, the CPIM won two out of the seven seats it contested (Election Commission of India 2002, Key Highlights of General Election, 2002 to the Legislative Assembly of Jammu & Kashmir, p.8 – Attachment 13).

Kerala held its Legislative Assembly Election in 2001, the CPIM won 23 out of the 65 seats it contested (Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly in Kerala, p.8 – Attachment 14). An article in the 26 May – 8 June 2001 edition of Frontline reports that the Left Democratic Front (LDF), including the CPIM lost the 2001 Kerala Legislative Assembly election and are now in opposition.

The LDF lost half the seats it had in the previous Assembly. The Communist Party of India (Marxist) found its tally reduced from 40 in the previous Assembly to 23 (Krishnakumar, R. 2001, ‘A record of sorts’, Frontline, Vol. 18, Issue 11, 26 May – 8 June – Attachment 15).

Tamil Nadu held its Legislative Assembly Election in 2001, the CPIM won six out of the eight seats it contested (Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly of Tamil Nadu, p.11 – Attachment 16).

Tripura held its Legislative Assembly Election in 2003, the CPIM won 38 out of the 55 seats it contested (Election Commission of India 2003, Statistical Report on General Election, 2003 to the Legislative Assembly of Tripura, p. 6 – Attachment 17). An article dated 1 March 2003 by The Press Trust of India reports that the led by the CPIM won the 2003 Tripura Legislative Assembly Election (‘Left Front gets majority in Tripura’ 2003, Press Trust of India, 1 March, Rediff.com website – Attachment 18).

Uttar Pradesh held its Legislative Assembly Election in 2002, the CPIM won two of the six seats it contested (Election Commission of India 2002, Statistical Report on General Election, 2002 to the Legislative Assembly of Uttar Pradesh, p.16 – Attachment 19). An article posted on the Rediff.com website on 28 August 2003 reports that the Samajwadi Party Legislature group, supported by the CPIM, has been invited to form government in Uttar Pradesh (‘Mulayam Singh Yadav prepares for another stint as Uttar Pradesh chief minister’ 2003, Rediff.com website, 28 August – Attachment 20).

West Bengal held its Legislative Assembly Election in 2001, the CPIM won 143 of the 211 seats it contested (Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly of West Bengal, p.12 – Attachment 21). An article in the 26 May – 8 June 2001 edition of Frontline reports that the Left Front led by the CPIM won the 2001 West Bengal Legislative Assembly Election. The article notes that the Left Front has won the Legislative Assembly Election for the sixth consecutive time (Chaudhuri, Kalyan 2001, ‘A record in West Bengal’, Frontline, Vol. 18, Issue 11, 26 May – 8 June http://www.frontlineonnet.com/fl1811/18110210.htm – Accessed 1 July 2005 – Attachment 22).

West Bengal & Calcutta ()

An article dated 25 May 2005 in Frontline reports that the Left Front, led by the CPIM, won 49 of the 79 municipalities in the West Bengal civic elections held on 22 May 2005 (Sankar Chattopadhyay, Suhrid 2005, ‘A Left Front sweep’, Frontline, Vol. 22, Issue 12, 4–17 June http://www.frontlineonnet.com/fl2212/stories/20050617004002100.htm – Accessed 29 June 2005 – Attachment 23).

An article dated 21 June 2005 in The Hindustan Times reports that the Left Front, led by the CPIM, won 72 out of the 136 seats in the Kolkata Municipal Corporation (KMC) election, returning to power after a five year absence (‘Left wins Kolkata civic polls after five years’ 2005, Hindustan Times, 21 June http://www.hindustantimes.com/news/181_1406342,000600010003.htm – Accessed 29 June 2005 – Attachment 24).

4. Are they known to target migrant groups or Christians?

Migrant Groups

The following sources provide information on the CPIM’s policy towards migrant groups. Early sources suggest that up until 2003 the CPIM tolerated or even encouraged illegal immigration, particularly from Bangladesh, as they represented votes. In 2003, due to demographic and economic concerns, the CPIM changed this policy. As a result, a number of Bangladeshis were deported in 2003. However no reports of deportations since then was found amongst the sources consulted. A number of sources from 2004 and 2005 suggest that the CPIM continues to support illegal immigration.

A report on illegal immigration from Bangladesh to India by Dr Priyankar Upadhyaya, Director of the Malaviya Centre for Peace Research at the Banaras Hindu University, Varanasi provides information on the CPIM’s policy on illegal immigrants from Bangladesh.

Despite initial resistance which saw West Bengal providing shelters to fleeing Bangladesh immigrants during the height of Assam agitation, the communist regime fell in line with other border states in the drive against foreigners. Here the political will to accommodate Bengali co-ethnics was superseded by the economic pressures. According to a projection in West Bengal’s 292 assembly constituencies, Bangladeshi migrants could ensure a result in 52 of them and influence the vote in 100 others. While the ruling Communist Party of India (Marxist) had long reaped the political mileage by protecting these migrants, the increasing pressures from the local population and economic strains led to a policy reversal. For decades, it was ignored by the major political parties like the Congress (I) and the CPI(M) in West Bengal and the Northeast. It is alleged that these political parties treated the illegal migrants as a vote bank. According to one account, as many as 55 lakh ration-cards have been issued to Bangladeshis in West Bengal. Eventually the West Bengal government sought the help of central government to fence its 2,217 km border with Bangladesh (Upadhyaya, Dr Priyankar (undated), Securitization Matrix in South Asia: Bangladeshi Migrants as Enemy Alien, Project on Non-Traditional Security Issues website, p.13 http://www.idss- nts.org/PDF/Priyankar%20Upadhyaya.pdf – Accessed 4 July 2005 – Attachment 25).

An article dated 2 June 2003 by Agence France Presse reports that in the last few months, West Bengal has deported hundreds of illegal immigrants to Bangladesh.

India has deported hundreds of illegal immigrants to Bangladesh in the last few months, the chief minister of India’s eastern state of West Bengal, , said here Monday.

“Hundreds of people (illegal immigrants) have been deported to Bangladesh. It is now an ongoing process,” Bhattacharjee said without revealing the actual figure.

“As soon as we come to know, we arrest them, produce them in courts and later hand them over to Bangladesh Rifles,” the border security force of Bangladesh, he told reporters.

Bhattacharjee said the issue of illegal immigrants entering India from across the border continues to be “real.”

“Many middle-class people from across the border are entering our state and later jumping visas. They then mix with our local people,” said Bhattacharjee, who is in Bombay to woo investments to his state.

“To tackle the issue we are sensitising our border forces.”

…“We have also told the central government that the issue cannot be ignored and needs to be discussed with the Bangladesh government in clear terms,” Bhattacharjee added (‘“Hundreds” of illegal immigrants deported to Bangladesh from India’ 2003, Agence France Presse, 2 June – Attachment 26).

An article dated 17 February 2003 in India Today reports that for the first time ever the CPIM in West Bengal is “cooperating with the NDA [National Democratic Alliance] Government at the Centre for the eviction of illegal immigrants” (Chakravarty, Sayantan 2003, ‘Banglo- Indians’, India Today, 17 February – Attachment 27).

An article dated 26 June 2003 by Agence France Presse reports that 26 illegal immigrants from Bangladesh were arrested in Calcutta, West Bengal (‘Indian police arrest 26 Bangladeshi illegal migrants’ 2003, Agence France Presse, 26 June – Attachment 28).

An article dated 16 July 2003 in The Economic Times reports that the CPIM has changed its policy towards illegal Bangladeshi immigrants from refusal to even acknowledge the problem to giving District Magistrates the power to deal with the problem.

The Maharashtra government’s new approach comes on the heels of the CPM’s about-face on the issue of illegal Bangla immigrants. Jettisoning its traditional refusal to even acknowledge the problem, the CPM leadership, as well as West Bengal chief minister Buddhadeb Bhattacharya, have, starting last week, come around to confess not just its existence but also the crisis-like dimension it has acquired. Chief minister Buddhadeb Bhattacharya has given powers to district magistrates to deal with the problem which has altered the demography of the districts sharing border with Bangladesh, transforming them into Muslim-majority ones.

The chief minister who was constrained to take a hard look at the situation because of the post-9/11 security sensitivity has even asked for the introduction of identity cards in a clear rebuff to the pro-Left intellectual establishment which routinely discovers Orwellian designs in similar proposals of the Centre.

…As per the new rules, only the district magistrates will have the powers to distribute the cards which are illegally procured by the Bangla migrants to flaunt their Indian “citizenship” (‘Cong govt’s turn to acknowledge Bangla problem’ 2003, The Economic Times, 16 July http://economictimes.indiatimes.com/articleshow/78098.cms – Accessed 4 July 2005 – Attachment 29).

An article dated 9 April 2004 in The Economic Times reports that for the past few years the CPIM has been illegally issuing ration cards to Muslim immigrants “as they have become the core of their support base in the border districts” (‘Another sweet pill for Sangh, IMDT Act is not useful’ 2004, The Economic Times, 9 April http://economictimes.indiatimes.com/articleshow/607592.cms – Accessed 4 July 2005 – Attachment 30).

An article dated 14 April 2004 in The Times of India reports that the CPIM “had painstakingly built up a vote bank” of refugees from former East Pakistan by “distributing homestead land.”

Rapid urbanisation may be the mantra of the Left Front government to attract investments to Kolkata, but for the ruling CPM, this is proving to be a cause for concern.

Along with urbanisation in fringe areas of the city has come a building boom and skyrocketing prices of real estates. Refugees who had come from former East Pakistan after Partition and among whom the CPM had painstakingly built up a vote bank by distributing homestead land are selling their properties and leaving. “We are anxious to stop the erosion of our votes among the refugees in Dum Dum and Tollygunge,” says CPM-dominated United Central Refugee Council general secretary Samar Mukherjee (Banerjee, Nirmalya 2004, ‘Building boom hits CPM refugee votes’, The Times of India, 14 April – Attachment 31).

An article dated 11 May 2004 in The Statesman reports that the Left Front in West Bengal promotes illegal immigration from Bangladesh.

The Left Front in West Bengal…have exacerbated the problem by systematically promoting immigration as part of their cynical strategy to augment minority vote-banks.

…West Bengal is the worst hit, no fewer than 10 million migrants having dug in there already and no let-up in the inflow is in sight. Significant spillovers from immigrants-saturated border states have also turned large areas of Delhi, Ahmedabad, Mumbai and other cities and numerous industrial conglomerates across the country into sprawling Bangladeshi ghettoes but, thanks to its craving for minority votes, the BJP [Bharatiya Jana Sangh] regime has turned a blind eye to the ever lengthening shadow of illegal immigration. There can be three possible explanations why the BJP omits even to mention the problem of infiltration facing West Bengal: …Three, exploiting the purported good equation between LK Advani and Buddhadeb Bhattacharjee, the Left Front government has effectively brain-washed the Centre into believing that infiltration is not really a problem in West Bengal (‘Illegal Immigration: Need for Good Policy and Timely Action’ 2004, The Statesman, 11 May – Attachment 32).

An article dated 28 April 2005 in The Indian Express reports that the states of Assam, Nagaland, Maharashtra and West Bengal “voiced concern over illegal migrants at the recent chief ministers’ conference.” The article notes that “West Bengal Chief Minister Buddhadev Bhattacharya even sought Central intervention, alleging that Pakistan’s Inter-Services Intelligence (ISI) was making use of porous borders” (‘India likely to tone down deportation of Bangla migrants’ 2005, Indian Express, 28 April – Attachment 33).

Part I and II of an article dated 23 and 24 June 2005 in The Statesman provides information on illegal immigration to India. The following information relates to the CPIM.

Part I:

If the CPI-M has systematically supported infiltration to enlarge its electoral support base in West Bengal, there is no denying that the Congress has been equally guilty of committing the same sin in Assam.

...Bangladeshi infiltrators in collusion with local CPI-M cadres and mafia dons have unleashed a reign of terror in the outlying panchayats of Nadia, Murshidabad and Malda districts. Many migrants openly cultivate ganja in border areas on land bought from local Hindus who are fleeing to towns for security. The contraband is smuggled to Bangladesh in exchange for firearms and explosives that land at ethnic and Maoist insurgent bases in North Bengal, Assam and Nepal. Needless to say, the CPI-M-underworld nexus helps fill the party coffers (Bibhuti Bhusan, Nandy 2005, ‘Infiltration Menace I: Fear of Socio-Political Tensions in the North-East’, The Statesman, 23 June – Attachment 34); and

Part II:

Instead of doing anything concrete and tangible to stop unauthorised entry and stay of foreigners, the government has indulged in political posturing all these years playacting attempts to push back migrants from time to time, but in vain. The new-found equation between the CPI-M and the Congress being crucial for the survival of the UPA [United Progressive Alliance] government, it would be futile to think that New Delhi would be seriously interested in tackling the immigration menace in West Benga (Bibhuti Bhusan, Nandy 2005, ‘Infiltration Menace II: Diplomacy Needed to Enlighten World Community’, The Statesman, 24 June – Attachment 35).

Christians

No information on the CPIM targeting Christians was found amongst the sources consulted. Limited information on the CPIM supporting minorities including Christians was found amongst the sources consulted. The information is as follows.

According to CPIM Kerala Party Leader Pinnarayi Vijayan, and reported in The Hindustan Times on 12 January 2005, the “CPI-M has always stood with the minorities.”

Moves by two groups representing two major Hindu communities in Kerala to unite is causing political reverberations in the state. The Nair Service Society (NSS), which represents the Nair community, and the Sree Narayana Dharma Paripalana (SNDP) Yogam, an outfit of the Ezhavas, are trying to come together under one banner. Leaders of the Left Democratic Front (LDF), led by the Communist Party of India-Marxist (CPI-M), and groups allied to Muslims and Christians say the unity moves could have a long-term political impact. The Ezhavas constitute close to 40 percent of Kerala’s Hindu population and the Nairs a little less than that. Together, they account for almost 75 percent of all Hindus in the state. Leaders of both communities have said more than once that they have nothing against the minorities, but many Muslim and Christian organisations are beginning to sound uneasy over the developments.

…“The CPI-M has always stood with the minorities,” said party leader Pinnarayi Vijayan. “Natesan is trying to appease the wealthy, and Panicker is playing second fiddle to him” (‘A unity plan that can make a mark in Kerala’ 2005, The Hindustan Times, 12 January – Attachment 36).

An article dated 28 May 2005 in The Hindu reports that the CPIM’s Assam State unit has “expressed concern over the harassment of the religious minorities and the attempts to revive the anti-foreigners’ agitation in Assam under the garb of a campaign against illegal Bangladeshi migrants” (Talukdar, Sushanta 2005, ‘No welcome for them in Assam’, The Hindu, 28 May – Attachment 3).

An article dated 8 June 2005 in The Times of India reports that Chief Minister of West Bengal, Buddhadev Bhattacharjee, has suggested the inclusion of Christians in the West Bengal Minorities Welfare and Development Board (‘Board should include all minorities: CM’ 2005, The Times of India, 8 June http://timesofindia.indiatimes.com/articleshow/1136757.cms – Accessed 1 July 2005 – Attachment 37).

An article dated 19 June 2005 in The Hindu reports that CPIM Kerala State Secretary “welcomed the statement of Latin Catholic Diocese Archbishop Susaipakiam that the Left parties could gain the confidence of Latin Catholic community in the State” (‘Minorities deserting UDF’ 2005, The Hindu, 19 June – Attachment 38).

5. It appears from the FIDH report that the Calcutta authorities failed last year to protect victims of the CPIM. Could you clarify if that is because the CPIM have some influence in the area?

No information on the reasons why the Calcutta authorities failed to protect victims of the CPIM was found in the sources consulted. Given that Calcutta is the capital of West Bengal and the Left Front, led by the CPIM, is in power in West Bengal it may be because of CPIM influence.

According to the AHRC Human Rights Correspondence School, in West Bengal “the police wield inordinate power; they are not held accountable for their actions and they work within an environment that allows for abuse of the system” (Asian Human Rights Commission – Human Rights Correspondence School 2004, Lesson Series 41 – Rule of law: The role of police in human rights implementation, November, p.3 http://www.hrschool.org/modules/41.pdf – Accessed 4 July 2005 – Attachment 39).

According to the AHRC, “there is a strong nexus between the police and politicians and political interference in matters of policing is prevalent in most places” (Asian Human Rights Commission 2004, ‘Update (India): Police pressure torture victim’s family to withdraw complaint’, 17 July http://www.ahrchk.net/ua/mainfile.php/2005/996/ – Accessed 4 July 2005 – Attachment 40).

The following is information on the links between the CPIM and the police.

From 12 to 15 January 2003 Andhra Pradesh Civil Liberties Committee (APCLC, Andhra Pradesh), Association for Protection of Democratic Rights (APDR, West Bengal), Human Rights Forum (HRF, Andhra Pradesh), Organisation for Protection of Democratic Rights (OPDR, Andhra Pradesh), People’s Democratic Forum (PDF, Karnataka) and People’s Union for Democratic Rights (PUDR, Delhi) visited West Bengal to “ascertain the facts and the context pertaining to the widespread allegations of violation of civil and democratic rights of the people of certain parts of the southern and northern districts of the state.” The subsequent report appeared in the April 2003 edition of Revolutionary Democracy. The report provides the following information on police collaboration with the CPIM.

We found a number of instances of the police working hand-in-glove with the CPI-M, the main constituent of the ruling Left Front. Chanchala Sardar’s husband Lochu Sardar was taken into custody in connection with the murder of Sudhir Singh, a local CPI-M leader. When she went to the police station to get her husband released, the police asked her to first obtain a certificate from the local CPI-M leadership to confirm that her husband had no connections with the Peoples War (PW). In Paloiboni village in Midnapore West district, people revealed that at the time of polling people have to show the stamped ballot paper to a local CPI-M worker before casting it in the ballot box. Any villager who resists this illegal rule faces instant retaliation. In Midnapore villages we heard that the land deeds given to the people by the government are kept in the custody of the local CPI-M leaders, and that people can use it only if they are obedient to the leaders. In the Northern districts we heard repeated complaints that activists and sympathisers of the KPP are being pressurised by the police to leave that party and work for the CPI-M. Not only ordinary cadre but also the general secretary of the Jalpaiguri district committee of the KPP, Dhirendranath Roy, who was arrested and rearrested and kept in jail for nine months, was pressurised by the police to join the CPI-M. As a consequence of this assault on the political freedom of the Rajbanshi community in favour of the CPI-M, practically all but a handful of the top leadership of the KPP are absconding from the villages, if not already arrested (‘West Bengal: The State Offensive on Civil Liberties’ 2003, Revolutionary Democracy, April http://www.revolutionarydemocracy.org/rdv9n1/westbengal2.htm – Accessed 4 July 2005 – Attachment 41).

An article dated 19 January 2003 in The Telegraph reports on CPIM party functionaries influencing police investigations.

A CPM minister today said he knew of many party functionaries who would try to influence police investigations into crimes by people known for their proximity to the ruling Leftists and some Opposition leaders.

Housing minister Goutam Deb said the party leadership, at the insistence of chief minister Buddhadeb Bhattacharjee, had asked functionaries at different levels not to meddle in police probes.

…“We have seen how political interference acts as an impediment for the police. The police hesitate to arrest a criminal with political connections, especially with the ruling party. It disturbs the administrative structure and creates chaos, taking advantage of which separatist outfits lower roots. This was amplified by Buddhadebbabu at a meeting with our partymen. We have already instructed our leaders not to interfere with the process of police inquiry,” said Deb.

In a speech that was marked with candour, Deb also charged a section of the police officers —especially those posted in North 24-Parganas — with currying favours with the ruling front as well as Opposition politicians.

The government, he said, is determined to deal with the malady. “We have seen how a small section of officers are functioning as power centres by virtue of their political connections, very often disregarding their superiors. This will not be tolerated. A senior officer charged with wrongdoing may stall an investigation and secure a reprieve through his connections, but it will not be a permanent affair because we will set up a structure in which he will be accountable for his acts till the last day in service” (‘Minister admits political hands in police affairs’ 2003, The Telegraph, 19 January http://www.telegraphindia.com/1030120/asp/bengal/story_1590413.asp – Accessed 4 July 2005 – Attachment 42).

Trinamool Congress Chief, alleged in an article posted on the South Asian Media Net on 19 June 2005, that the CPIM “instruct the police to capture booths and rig polls.” He was referring to the upcoming municipal polls in Salt Lake, Kolkata (‘Campaigning ends for Kolkata civic polls’ 2005, South Asian Media Net website, 19 June http://www.southasianmedia.net/cnn.cfm?id=214950&category=Politics&Country=INDIA – Accessed 4 July 2005 – Attachment 43).

An article dated 19 June 2005 in The Statesman reports on alleged CPIM vote rigging with police help in the North Kolkata Corporation elections (‘Rigging rules all right’ 2005, The Statesman, 19 June http://72.14.207.104/search?q=cache:6HZx18BYWTcJ:www.thestatesman.org/page.news.ph p%3Fclid%3D6%26theme%3D%26usrsess%3D1%26id%3D80476+%22West+Bengal%22+ OR+Calcutta+OR+Kolkata+police&hl=en&lr=lang_en – Accessed 4 July 2005 – Attachment 44).

An article dated 19 June 2005 by the Indo-Asian News Service reports that “police beat Marxist workers led by a group opposed to West Bengal Chief Minister Buddhadeb Bhattacharya” in Salt Lake during the Kolkata Municipal Corporation elections.

While polling was by and large peaceful in Kolkata, Salt Lake witnessed a baton-charge by police on CPI-M leaders. Police came down heavily on the CPI-M cadres led by party MP Amitava Nandy and state Transport Minister .

Former chief minister ’s aide Jayakrishna Ghosh and Nandy were beaten by police in Bidhannagar’s ward number 12. Bidhannagar Municipality is ruled by the Left Front.

Earlier on Saturday, battle-lines were drawn between CPI-M leader Subhas Chakraborty and Chief Minister Bhattacharya when the former openly declared he would bring in thousands of cadres from outside to control the polling in Salt Lake.

Bhattacharya, who is also the home minister, had categorically said that police would not spare anybody in their efforts to ensure free and fair polls.

CPI-M leaders of Salt Lake, where at least 97 people were arrested, alleged police excesses (‘Exit poll predicts return of Left in Kolkata Corporation’ 2005, Indo-Asian News Service, 19 June, Yahoo India News website http://in.news.yahoo.com/050619/43/5z0mk.html – Accessed 4 July 2005 – Attachment 45).

List of Sources Consulted

Internet Sources: Government Information & Reports UK Home Office http://www.homeoffice.gov.uk US Department of State http://www.homeoffice.gov.uk United Nations (UN) United Nations Homepage http://www.un.org/ UNHCR http://www.unhcr.ch/cgi-bin/texis/vtx/home Non-Government Organisations Amnesty International http://www.amnesty.org/ Human Rights Watch http://www.hrw.org/ International Crisis Group http://www.crisisgroup.org/home/index.cfm Relief Web http://www.reliefweb.int/w/rwb.nsf International News & Politics BBC News http://news.bbc.co.uk Economic Times http://economictimes.indiatimes.com/ Frontline http://www.frontlineonnet.com/ Hindustan Times http://www.hindustantimes.com/ Islamic Republic News Agency http://www.irna.ir/en/ Revolutionary Democracy http://www.revolutionarydemocracy.org/ South Asian Media Net http://www.southasianmedia.net/ The Telegraph http://www.telegraphindia.com/ The Times of India http://timesofindia.indiatimes.com/ Yahoo India News http://in.news.yahoo.com/ Region Specific Links Asian Human Rights Commission http://www.ahrchk.net/index.php Asian Human Rights Commission – Human Rights Correspondence School http://www.hrschool.org/ Communist Party of India (Marxist) http://www.cpim.org/ Election Commission of India http://www.eci.gov.in/ Project on Non-Traditional Security Issues http://www.idss-nts.org/ Search Engines Google http://www.google.com.au/ Wikipedia http://en.wikipedia.org/wiki/Main_Page

UNHCR REFWORLD UNHCR Refugee Information Online

Databases: Public FACTIVA Reuters Business Briefing DIMIA BACIS Country Information REFINFO IRBDC Research Responses (Canada) RRT ISYS RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Country Reports on Human Rights Practices. RRT Library FIRST RRT Library Catalogue

List of Attachments

1. Leena, D. 2005, Email from the Asian Human Rights Commission ‘A family forced to live under starved conditions in the national capital of India’, 22 June, Vol. 1, No. 7. (CISNET India CX124682)

2. Kumar, Manan 2005, ‘No work permits for settlers’, The Telegraph, 12 June. (http://www.telegraphindia.com/1050613/asp/nation/story_4860728.asp – Accessed 29 June 2005)

3. Talukdar, Sushanta 2005, ‘No welcome for them in Assam’, The Hindu, 28 May. (FACTIVA)

4. Central govt wants no “hype” over drive against immigrants’ 2005, The Economic Times, 25 May. (http://economictimes.indiatimes.com/articleshow/1120641.cms & http://economictimes.indiatimes.com/articleshow/msid-1120641,curpg-2.cms – Accessed 5 July 2005) 5. ‘Vigilance groups to prevent harassment of genuine Indians’ 2005, Islamic Republic News Agency, 18 May. (http://www.irna.ir/en/news/view/line-17/0505180839143210.htm – Accessed 5 July 2005)

6. Bhaumik, Subir 2005, ‘Assam’s victims of “religious hatred”’, BBC News, 16 June. (http://news.bbc.co.uk/2/hi/south_asia/4094918.stm – Accessed 5 July 2005)

7. ‘Loathe to quit India’ 2005, The Statesman, 17 January. (FACTIVA)

8. ‘“Infiltrators” asked for roots proof’ 2005, The Statesman, 11 March. (FACTIVA)

9. Wikipedia 2005, ‘Communist Party of India (Marxist)’, 23 June. (http://en.wikipedia.org/wiki/Communist_Party_of_India_(Marxist) – Accessed 29 June 2005)

10. Election Commission of India 2004, Provisional Statistical Report on General Elections, 2004 to the 14th Lok Sabha Volume 1 (National and State Abstract & Detailed Results).

11. Biswas, Soutik 2004, ‘India’s communists shun national stage’, BBC News, 17 May. (http://news.bbc.co.uk/2/hi/south_asia/3721945.stm - Accessed 18 May 2004)

12. ‘Andhra Pradesh Assembly Elections 2004 Results’ 2004, Indian Elections website, 11 May. (http://www.indian-elections.com/assembly-elections/result-ap-11may.html - Accessed 13 May 2004)

13. Election Commission of India 2002, Key Highlights of General Election, 2002 to the Legislative Assembly of Jammu & Kashmir.

14. Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly in Kerala.

15. Krishnakumar, R. 2001, ‘A record of sorts’, Frontline, Vol. 18, Issue 11, 26 May – 8 June. (http://www.flonnet.com/fl1811/18110240.htm)

16. Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly of Tamil Nadu.

17. Election Commission of India 2003, Statistical Report on General Election, 2003 to the Legislative Assembly of Tripura.

18. ‘Left Front gets majority in Tripura’ 2003, Press Trust of India, 1 March, Rediff.com website.

19. Election Commission of India 2002, Statistical Report on General Election, 2002 to the Legislative Assembly of Uttar Pradesh.

20. ‘Mulayam Singh Yadav prepares for another stint as Uttar Pradesh chief minister’ 2003, Rediff.com website, 28 August. (http://www.rediff.com/news/2003/aug/28up.htm - Accessed 11 August 2004)

21. Election Commission of India 2001, Statistical Report on General Election, 2001 to the Legislative Assembly of West Bengal. 22. Chaudhuri, Kalyan 2001, ‘A record in West Bengal’, Frontline, Vol. 18, Issue 11, 26 May – 8 June. (http://www.frontlineonnet.com/fl1811/18110210.htm – Accessed 1 July 2005)

23. Sankar Chattopadhyay, Suhrid 2005, ‘A Left Front sweep’, Frontline, Vol. 22, Issue 12, 4–17 June. (http://www.frontlineonnet.com/fl2212/stories/20050617004002100.htm – Accessed 29 June 2005)

24. ‘Left wins Kolkata civic polls after five years’ 2005, Hindustan Times, 21 June. (http://www.hindustantimes.com/news/181_1406342,000600010003.htm – Accessed 29 June 2005)

25. Upadhyaya, Dr Priyankar (undated), Securitization Matrix in South Asia: Bangladeshi Migrants as Enemy Alien, Project on Non-Traditional Security Issues website.

26. ‘“Hundreds” of illegal immigrants deported to Bangladesh from India’ 2003, Agence France Presse, 2 June. (FACTIVA)

27. Chakravarty, Sayantan 2003, ‘Banglo-Indians’, India Today, 17 February. (CISNET India CX74547)

28. ‘Indian police arrest 26 Bangladeshi illegal migrants’ 2003, Agence France Presse, 26 June. (FACTIVA)

29. ‘Cong govt’s turn to acknowledge Bangla problem’ 2003, The Economic Times, 16 July. (http://economictimes.indiatimes.com/articleshow/78098.cms – Accessed 4 July 2005)

30. ‘Another sweet pill for Sangh, IMDT Act is not useful’ 2004, The Economic Times, 9 April. (http://economictimes.indiatimes.com/articleshow/607592.cms – Accessed 4 July 2005)

31. Banerjee, Nirmalya 2004, ‘Building boom hits CPM refugee votes’, The Times of India, 14 April. (FACTIVA)

32. ‘Illegal Immigration: Need for Good Policy and Timely Action’ 2004, The Statesman, 11 May. (FACTIVA)

33. ‘India likely to tone down deportation of Bangla migrants’ 2005, Indian Express, 28 April. (FACTIVA)

34. Bibhuti Bhusan, Nandy 2005, ‘Infiltration Menace I: Fear of Socio-Political Tensions in the North-East’, The Statesman, 23 June. (FACTIVA)

35. Bibhuti Bhusan, Nandy 2005, ‘Infiltration Menace II: Diplomacy Needed to Enlighten World Community’, The Statesman, 24 June. (FACTIVA)

36. ‘A unity plan that can make a mark in Kerala’ 2005, The Hindustan Times, 12 January. (FACTIVA)

37. ‘Board should include all minorities: CM’ 2005, The Times of India, 8 June. (http://timesofindia.indiatimes.com/articleshow/1136757.cms – Accessed 1 July 2005) 38. ‘Minorities deserting UDF’ 2005, The Hindu, 19 June. (FACTIVA)

39. Asian Human Rights Commission – Human Rights Correspondence School 2004, Lesson Series 41 – Rule of law: The role of police in human rights implementation, November. (http://www.hrschool.org/modules/41.pdf – Accessed 4 July 2005)

40. Asian Human Rights Commission 2004, ‘Update (India): Police pressure torture victim’s family to withdraw complaint’, 17 July. (http://www.ahrchk.net/ua/mainfile.php/2005/996/ – Accessed 4 July 2005)

41. ‘West Bengal: The State Offensive on Civil Liberties’ 2003, Revolutionary Democracy, April. (http://www.revolutionarydemocracy.org/rdv9n1/westbengal2.htm – Accessed 4 July 2005)

42. ‘Minister admits political hands in police affairs’ 2003, The Telegraph, 19 January. (http://www.telegraphindia.com/1030120/asp/bengal/story_1590413.asp – Accessed 4 July 2005)

43. ‘Campaigning ends for Kolkata civic polls’ 2005, South Asian Media Net website, 19 June. (http://www.southasianmedia.net/cnn.cfm?id=214950&category=Politics&Country=INDI A – Accessed 4 July 2005)

44. ‘Rigging rules all right’ 2005, The Statesman, 19 June. (http://72.14.207.104/search?q=cache:6HZx18BYWTcJ:www.thestatesman.org/page.new s.php%3Fclid%3D6%26theme%3D%26usrsess%3D1%26id%3D80476+%22West+Beng al%22+OR+Calcutta+OR+Kolkata+police&hl=en&lr=lang_en – Accessed 4 July 2005)

45. ‘Exit poll predicts return of Left in Kolkata Corporation’ 2005, Indo-Asian News Service, 19 June, Yahoo India News website. (http://in.news.yahoo.com/050619/43/5z0mk.html – Accessed 4 July 2005)