Hotline Asia Urgent Appeals -- UA091204(9)

Action Requested || Sample Letter || Background
Please respond before 8 January 2010
Update

Summary
Homes of 117,034 people of different tribal groups and 7,964 acres of forest land in Andhra Pradesh (AP) is expected to be submerged by the construction of the Polavaram Dam Project.

The Polavaram Dam, which is located in 15 km north from Rajmundhry (East Godavari District, Northeast of AP) and crosses Godavari River at Ramaiahpet village in Polavaram Mandal (Block) of West Godavari District, is part of the India’s River Linking Project proposed to resolve the water-related problem, by transferring water from water-surplus basins to water-deficient basins. Ironically, with adequate water supply from the Godavari River, the Polavaram Dam will uproot the livelihood of the local people rather than improve it.

While the state government of AP and the central government are obliged to study the impact of the project on tribals, there was no proper public discourse and dialogue between people in the affected areas and the government regarding the construction of the dam. Moreover, contrary to the report conducted by the National Water Development Agency, the International Water Management Institution, a non-profit research and development organization, has found that Godavari rvier has no surplus water to spare. However, before fully discussing the environmental impact to the region, the state government has already rushed to start the project.

The tribals in these areas have intimate relationship with nature and depend on the forest for their livelihood, such as firewood, fruits, medicinal plants and other forest produces. Therefore, it will be difficult for them to live in non-forest areas and their suffering cannot be compensated simply by money. Also, the rehabilitation packages allotted by the government will not help them in long term, as once the tribals are displaced from the Scheduled Areas (SAs) , they will lose their constitutional rights under the the 5th Schedule of the Constitution of India (the special proection provided for Scheduled Tribes (STs) and Scheduled Castes (SCs)). They will lose their traditional strength, lifestyle and culture outside their natural habitat. Being displaced, they are most likely to become migrant labourers and urban slum dwellers to survive and this will lead to many social problems.

Contractors are believed to have received their share of money for initiating the project, although they made a written statement that the construction would not continue without necessary clearances. The local people persistently oppose the construction of the Polavaram Dam, even under threats and false accusations from government officials. In spite of the inhuman approach taken by the government, the tribals refuse to give way to injustice.

• take action to stop acquisition of tribal land and displacement of tribals from their natural habitat for the construction of Polavaram Dam;
• protect constitutionally guaranteed rights of tribal people in Scheduled Areas; and
• ensure that those who are already displaced are brought back to their original habitat and due compensation will be given for their sufferings.

Sample Letter

Background

Polavaram Dam project, also named as Indira Sagar, is a vast irrigation system that would cover 15 out of 23 districts in Andhra Pradesh (AP). Among those who will be displaced, 47% belongs to the Scheduled Tribes (STs), 14.96% belongs to the Scheduled Castes (SCs) and 22.8% belongs to the backward communities.

Construction without Consultation with Villagers
The main issue of the project is the submergence of homeland of local villagers in AP. A majority of them belong to STs and live along the Godavari and adjacent smaller riverbeds upstream of the barrage.

Instead of providing details of the Project to the public, the state government only communicated via press conferences. The tribals in the SAs have not been consulted nor asked permission before the acquisition of land. Furthermore, the project has started even before receiving permission from the related departments, such as the National Commission for STs, the Environment Department and the Forest Department.

Threats to Home Defenders
As villagers living around the project protested at the camp site, preventing engineers from doing any work, the land collectors in Rajmundhry (at the left bank of River Godavari, East Godavari District) threatened the villagers, saying that any protesters would be labelled as anti-development, and thus will be prosecuted.

In April 2006, the affected tribals who filed a petition in the Supreme Court challenging the construction, have been threatened by officials from the office of land collectors and other government departments. The people who joined the protest march from the Chegondipally village in Polavaram Mandal have been charged of treason.
Secretly, tribals were also called individually to the government offices and threatened to sign documents. They were told that they had no choice but to eventually move out. Those villagers who have refused to move have been threatened with suspension of their ration cards, termination of power supply to the villages and demolition of roads.

The government has violated the tribals’ right to housing according to the General Comment 4 of ICESCR Committee on the Right to Adequate Housing (General Comment 4), citing that States are obliged to ensure that all people in any living arrangement are entitled to a degree of security against forced eviction, harassment, or other threats.

Violation of Right to Adequate Housing
The government has used different tactics to lure the people to accept rehabilitation by giving them packages which are at best illusory. It should be noted that since 1947, not a single Resettlement and Rehabilitation package of any major displacement has been fulfilled by the government. Most important, it is totally wrong to consider that the loss of villagers can be compensated by money and new living places. As housing right does not simply mean having a place to live, but also enjoying an up-to-standard living environment.

Villagers will lose their constitutional rights in the SAs, if they are rehabilitated. They will also lose their traditional strength and culture outside their traditional habitat which they have been depending on for generations. According to the General Comment 4, housing rights include the affirmation of health, security, comfort, and nutrition to its occupants. The displaced villagers obviously cannot maintain their present living standard, as they are likely to become migrant labourers and urban slum dwellers.

Also, the government should maintain the tribal’s living standards in terms of cultural adequacy. In other words, the housing and the policies supporting the living environment must facilitate cultural expression.

Therefore, even with the rehabilitation package, the comprehensive rights to housing of villagers are not guaranteed nor sustained once they are removed from their original habitats. The governement of AP should stop the Polavaram Dam Project immediately and settle the issue of right to adequate housing of the tribals in the affected areas.

Sources:
The Hindu;
the Indian Express;
singur-singur.blogspot.com;
downtoearth.org.in;
achrweb.org;
downtoearth.org.in;
newindpress.com;
Committee on Economi; Social and Cultural Rights, General Comment 4, The Right to Adequate Housing 2003,
Resettlement and Rehabilitation Policy 2005, for project affected families;
Polavaram Project: The Present Thinking and Possible Alternatives (March 2005)

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