The Special Rapporteur has accepted the invitation from Manipur! He is expected in Imphal from 7-8 November 2017.
Profile of Mr. Léo Heller, Special Rapporteur on the human rights to safe drinking water and sanitation
Mr. Léo Heller is the second Special Rapporteur on the human rights to safe drinking water and sanitation. He was appointed by the Human Rights Council in November 2014, having started his mandate on 1 December that year. Heller is currently a researcher in the Oswaldo Cruz Foundation in Brazil. Previously, Heller was Professor of the Department of Sanitary and Environmental Engineering at the Federal University of Minas Gerais, Brazil from 1990 to 2014. During his career in the Federal University of Minas Gerais, Heller held several positions including the Head of the Department of Sanitary and Environmental Engineering, Associate Provost of Graduate Studies, Dean of the School of Engineering and coordinator of the Graduate Program in Basic Sanitation, the Environment and Water Resources.
Heller has extensive experience in formulating policies, teaching and researching in the field of public policy and management and of environmental health related to water and sanitation. He has been coordinating large interdisciplinary research groups and he is author of several books, book chapters and journal articles on technological, health and policy dimensions of water and sanitation. He has long tradition of working together with and taking part in social movements related to human rights to water and sanitation, especially in Latin America.
He holds a BA in civil engineering, MSc in water, sanitation and the environment and PhD in Epidemiology, with a thesis on the association between water and sanitation and health outcomes. He also carried out post-doctoral research at the University of Oxford (2005-2006), focusing on the theoretical aspects of public policy and management in the water and sanitation sector.
Heller speaks English, Spanish and Portuguese.
A delegation of CSCHR attended the 36th regular session of the UN Human Rights Council (UNHRC) in Geneva. During the session for the adoption of the outcome document on India’s 3rd Universal Periodic Review (UPR) to improve its human rights situation, on 21st September 2017, the Government of India (GoI) formally accepted 152 recommendations out of the 250 recommendations given by 112 member states of the United Nations. The remaining 98 recommendations were simply noted. However, most of the human rights issues critical to the situation in Manipur including the repeal/review of AFSPA, ratification of Convention on Protection of All Persons Against Enforced Disappearances (CED), moratorium on death penalty, ratification of the Rome Statute on International Criminal Court, etc., are only noted without indicating a follow up plan and not accepted. Many international organizations including Amnesty International, International Commission of Jurist, FORUM-ASIA, WGHR, etc., strongly denounced the GoI’s continued refusal to accept the recommendation for the repeal/review of AFSPA.
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CSCHR to launch “A Civil Society Report” on India’s voluntary national review by UN High Level Political Forum of Sustainable Development Goals: Agenda 2030 coordinated by Wada Na Todo Abhiyan
CSCHR will, on Wednesday, 5 July 2017 at the Manipur Press Club, Imphal organise the launch of a national civil society report on Sustainable Development Goals: Agenda 2030 that has been coordinated by the Wada Na Todo Abhiyan, a national campaign to hold the government of India accountable for its promise to end Poverty, Social Exclusion & Discrimination.
India’s challenges and achievements in reaching the Sustainable Development Goals: Agenda 2030 is being reviewed this month (July 2017) by the United Nations High Level Political Forum (HLPF). India’s Voluntary National Review Report on Implementation of Sustainable Development Goals has been submitted to the UN.
Click Link to Download the India Report
Leave No One Behind
A Life of Dignity for All
5 July 2017
Manipur Press Club, Imphal
Organized by Civil Society Coalition on Human Rights in Manipur and UN (CSCHR)
Supported by Wada Na Todo Abhiyan (WNTA)
02:30 Pm Welcome by CSCHR
02:35 Pm Briefing on SDGs and the Process till today
02: 45 Pm Discussion: Moderated by Dr. Debabrata Roy Laifungbam (Convenor, CSCHR)
03:30 Pm Release of Report “Leave No One Behind” by Professor Dr. Elangbam Bijoykumar Singh, Director, Centre For the Study of Social Exclusion and Inclusive Policy (CSSEIP)
03:40 Pm Conclusion
Imphal, 13th January 2017
The Civil Society Coalition on Human Rights in Manipur and UN (CSCHR Manipur) submitted its joint stakeholders’ submission report, “BROKEN PROMISES AND ABDICATED OBLIGATIONS” on the status of human rights in Manipur to the UN Human Rights Council for consideration during the examination of India in the third cycle of Universal Periodic Review on the 4th of May this year. The report, which was submitted on 22 September 2016, was prepared through a collective wide-ranging consultative process, consisting of several formal meetings conducted from August to September 2016.
While voicing clear concerns regarding the increasingly openly and deliberately flaunted human rights protection and promotion by states worldwide, CSCHR’s report focuses on the continuing serious concerns regarding the human rights situation prevailing in Manipur. Manipur remains one of the States with a continuous peoples’ movement for the right to self-determination in India since its merger with the Indian union in 1949 in conditions that violated international law.
The report also highlighted very substantive gaps between the information shared by the government and other stakeholders, the recommendations arising therefrom, the acceptance of such recommendations and their implementation by the government of India. India’s approach to this review of deciding to selectively “accept” specific human rights recommendations regarding the outcomes of its UPR 1st cycle and UPR 2nd cycle reviews undermines the basic principle of human rights and its total disregard of parliamentary scrutiny and public accountability also defeats the purpose of setting up such principles and mechanisms to monitor the implementation and achievements in protecting and promoting human rights.
India has also failed to realize its guarantee under Article 253 of its Constitution in fulfilling international human rights obligations by making necessary and appropriate legislation or incorporating new amending provisions in existing domestic laws in accordance with international standards.
Describing the serious situation prevailing in Manipur, the CSCHR report sought the Human Rights Council’s attention on serious violations of civil and political rights under a repressive de facto military regime and state of emergency that has existed from the 50s. Militarisation has impacted on every sphere of human development and governance, and indigenous peoples’ rights are being aggressively violated. CSCHR also informed the UN about the serious challenges confronting the indigenous peoples of Manipur today due to the state sponsored infusion of outsiders and migrants into Manipur that has dangerous implications to the survival of the native inhabitants, and has also led to land alienation, economic subjugation, political repression, irreparable injury to indigenous culture and tradition, conflicts and violence.
The following recommendations were submitted to be made to the government of India and its union States:
- Government of India should respect the Manipur peoples’ right to self-determination as per the General Assembly Resolution 1514, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and Declaration on Rights of Indigenous Peoples and seek a political solution to the ongoing armed conflict in Manipur.
- Government of India should repeal Armed Forces (Special Powers) Act, 1958 as recommended by previous UPR Working Group, Human Rights Committee, Committee on Economic Social and Cultural Rights, Committee on Elimination of Racial Discrimination, Committee on the Elimination of all forms of Discrimination Against Women as well as the Special Rapporteurs on Human Rights Defender, Summary, Arbitrary and Extra-judicial Executions, Violence Against Women, etc.
- Government of India should also repeal other security legislations and counter terrorism measures, such as the Unlawful Activity Prevention Act, 1967, National Security act, 1980, etc.
- Government of India should promptly investigate and prosecute all Indian security forces involved in gross human rights violations.
- That the Government of India should remove all its “Reservations” and “Declarations” on all International Conventions and Treaties.
- The government of India should ensure that all MoUs for mega dams in Manipur, without indigenous peoples free, prior and informed consent be withdrawn.
- The Government of India and Jubilant Energy should stop all petroleum and drilling related activities in Manipur till indigenous peoples’ rights over their land and resources are recognized.
- Policies introduced such as the North East Hydrocarbon Policy, 2030, the Manipur Hydroelectric Policy of 2012, Manipur Loktak Lake (Protection) Act, 2006, should be repealed.
- Stop all plans for forced commissioning of Mapithel Dam. The 105 MW Loktak Multipurpose Hydroelectric Project should be decommissioned
- The Government should stop targeting human rights defenders and indigenous organizations involved in promoting sustainable development and in challenging destructive projects
- All projects financed by IFIs should take the free, prior and informed consent of indigenous peoples and fully adheres with the provisions of the UN Declaration on the rights of indigenous peoples (UNDRIP)
- Recognition of indigenous people as ‘indigenous’ by guaranteeing all indigenous rights of protection and positive discrimination that includes ownership over land and resources.
- The Government should fully implement the provisions of the UN Declaration on the Rights of Indigenous Peoples, 2007
- Ratify the International Labour Organisation’s convention No. 169 on Indigenous and Tribal Peoples’ Rights.
PLEASE CLICK ON THE LINK BELOW TO READ THE FULL REPORT
The Civil Society Coalition on Human Rights in Manipur and the UN submitted its second report to the UN Human Rights Council for the forthcoming third Universal Periodic Review of India. The report named STATUS OF HUMAN RIGHTS IN MANIPUR: BROKEN PROMISES AND ABDICATED OBLIGATIONS can be seen and downloaded from the links provided below:
On 21st June 2015 (New York time), CSCHR submitted its comprehensive general and specific comments to the Zero Draft Outcome Document of the UN’s post-2015 Development Agenda (called the Sustainable Development Goals or SDGs). The comments raised some serious concerns about the path of development being visualised by governments and sought to pursued as an agenda till 2030.
The these concerns include:
- Indigenous peoples vital role in SD absent, no reference to UN Declaration on the Rights of Indigenous Peoples (UNDRIP), perhaps the most important UN declaration for collectives and natural & cultural heritage
- “Peoples” left out from the stakeholders in the decision making process: and self determination of peoples narrowly defined against UN standards and past commitments
- Peace, militarisation and armed conflicts, including arms trade as impediments to SDGs (AFSPA and martial laws including) not addressed in the plan
- Neoliberal development aggression and model pursued relentlessly
- Business and private sector as unaccountable “stakeholder” partner with increasingly larger role. No distinctions or categories made regarding this sector.
- Government acts as proxy and negotiates on behalf of corporate sector, the sector itself is absent in the debates and negotiations
- Lack of social protection
PLEASE CLICK ON THE LINKS BELOW TO READ THE ZERO DRAFT AND OUR COMMENTS
The Civil Society Coalition on Human Rights in Manipur and the UN (CSCHR), a coalition of twenty-three (23) indigenous peoples’ human rights organizations of Manipur in India’s North East region, is extremely concerned with the deepening political instability in Manipur and particularly with the situation of open armed conflict on the eastern flank of Manipur, in Chandel District bordering with Myanmar’s Sagaing Division. It has been widely reported that after the 4th June lethal apparently pre-planned ambush of a convoy of the 6th Dogra Regiment of the Indian Army near Paraolon Village by unidentified cadres of an armed opposition group or organisation that left at least 18 army personnel dead and many more injured, General Dalbir Singh Suhag, chief of the Army and top commanding generals of the Eastern Command gathered in Imphal the next day to initiate activities to “sanitise the area completely”.
CSCHR is a coalition that upholds the principles and statutes of humanitarian and human rights law that are established worldwide, to which members of the United Nations Organisation (UNO) including India are state parties. The coalition does not believe in armed conflict and militaristic solutions aimed at objective of peace and development as a final solution to intractable and sensitive political situations. In this context, and in solidarity with many civil society organisations that have voiced their disapproval in strongest terms, CSCHR does not support or condone in any way, the escalations of armed violence and confrontations between government and non-state armed forces in Manipur and the North East Region of India.
We strongly disapprove of the de facto “state of siege” that exists in Chandel district today, which is beyond the “Rule of Law” and the gaze of the public through the media. We grieve for those who have lost precious lives unnecessarily, as no line of duty in this modern world should involve the grave risk of such violence and untimely death.
Considering that the State of Manipur, for several decades, has been continuously declared a “disturbed area”, with the imposition of the Armed Forces [Special Powers] Act of 1958 (AFSPA) to manage the law and order situation, this abrupt development augurs ill for the State and central governments’ views and policies pursued to maintain peace and tranquillity in Manipur. It is far from clear who is in control of the situation in the localities around the ambush site in Chandel District, with the 3 Corps GOC Lt. Gen. Bipin Rawat stating that a “people friendly” operation is being carried out to flush out the non-state opposition groups from Manipur completely. Surprisingly, the State government and the district administration seem to have no visible or vocal role in this sanitisation exercise, except for a tacit acquiescence.
With more dead bodies, some suspected to be civilians, being still found from the area, the perceptible lack of involvement or coordination between the central armed and paramilitary forces and the Chandel District administration is underlined by the Deputy Commissioner of Chandel having reportedly to seek “permission” in writing from the army for the families of missing persons to carry out search and identification procedures.
It is perplexing how the Chief Minister of Manipur, who is the chairman of the Unified Command structure of Manipur under the jurisdiction of AFSPA, does not consider he is accountable for the activities of the central armed and paramilitary forces in Chandel District. It is unacceptable that neither he nor the Deputy Chief Minister in charge of home affairs in the State have visited the district immediately after the incident to take stock of the situation, even though top generals of India have flown in from New Delhi! If it is also true, as widely reported that the Indian army unit, which suffered tragic fatalities and losses, had been violating Standard Operating Procedure (SOP), the Unified Command under the chairmanship of the CM of Manipur seems to have abdicated its role and functions totally.
There seems to be dual commands stand in this ongoing situation with the State and central governments both announcing having launched simultaneous inquiries. This non-transparent and dual situation, with the central authorities calling the shots, does not comply at all with a “people friendly” operation. If the statement by Lt. Gen. Bipin Rawat is to have any credence whatsoever, the Chandel District administration, the Manipur police including women police officers must lead the search operations with the cooperation of central security forces. The media must be allowed into the area unhindered as there are no more fire fights or active hostilities as reported.
It is incumbent on the state to ensure that humanitarian laws, especially Common Article 3 of the Geneva Conventions as the minimum standard, and human rights are respected in all aspects of the present operation. Humanitarian law is particularly critical because of the involvement of the Indian Army undertaking war-like operations in civilian, especially tribal areas of Manipur. Utmost due diligence is expected from the high command under which the central military and paramilitary forces are presently undertaking this operation. In this context, and in cognizance of the Supreme Court of India’s rulings on such matters as counterinsurgency operations, CSCHR views with contempt that civil administration officials do not form a central part of the current operations being conducted in the indigenous tribal peoples populated Chandel, as ordered by the Ministry of Home Affairs.
We concur with the Hon’ble Supreme Court’s views that “modern Constitutionalism posits that no wielder of power should be allowed to claim the right to perpetrate state’s violence against any one, much less its own citizens, unchecked by law, and notions of innate human dignity of every individual;” and that the state in a democracy, is not justified in resorting to illegal means to deal with such movements, in violation of the Constitution, statutory laws and the ‘Rule of Law’, as this would lead to ever increasing levels of escalating violence, in particular in the face of genuine discontent as reported by official committees of the government, reminding governments, law makers, civil and military officials and citizens.
The State Government and District administration, having declared a curfew in Chandel, must clarify the exact geographical extent of the search operation. The Director General Police of Manipur must update the public and media daily on the activities and developments in the area of the operation. Civilian populations displaced and affected in any way by the search operation must have immediate access to humanitarian and legal aid, psychosocial support and adequate shelter including food, sanitation and safe drinking water though a procedure of direct assessment conducted jointly by competent officers and representatives of the District administration and non-government organisations.
The unforgettable tragedy that befell Oinam in Senapati District of Manipur in 1987, when the civilian population was put under a state of violent siege, terrorised, tortured, killed and subjected to the most inhuman abuses must never be repeated. The State Government has a crucial responsibility to ensure that the civilian population of Chandel District is accorded the fullest protection under the law; and it is unacceptable that the home minister Gaikhangam merely spouts the usual term “unfortunate” and has not described what the “maximum efforts” that the State government is making.
We welcome the news reported that the Indian army is being divested of counter-insurgency duties in the North East Region of India. With such a national policy level trend within the government of India, as reported, the AFSPA should now be seriously considered for repeal by parliament, as recommended repeatedly at the international and national levels. The governments of Manipur and India must leave no stone unturned to see that a peaceful and confidence building situation is in place for a just resolution to this tragic and prolonged armed conflict.
CLICK ON LINKS BELOW TO READ THE STATEMENT IN MEDIA WEBSITES
END MARTIAL LAW GOVERNANCE, INDIGENOUS PEOPLES’ RIGHTS VIOLATIONS AND DEVELOPMENT AGGRESSION IN MANIPUR, INDIA: PROMULGATE A FITTING PUBLIC POLICY TO PROTECT INDIGENOUS PEOPLES IN MANIPUR
“Protecting indigenous peoples is protecting the Earth.”
[CSCHR, Solidarity Statement to the WCIP 2014]
22 SEPTEMBER 2014
On the occasion of the World Conference on Indigenous Peoples. a High Level Plenary Meeting of the UN General Assembly, from 22-23 September 2014, New York City, CSCHR transmitted a Solidarity Statement through its delegation led by Mr Jiten Yumnam.
- Manipur, an ancient indigenous native state of Asia known by various names in the past – Mekley, Kathé, Kangleipak – now an Indian provincial State located in its North East territories aptly embodies the struggles indigenous peoples worldwide are undergoing today, at the same time tragic and heroic in character.
- Like most indigenous peoples territories, from the Amazon and the Andes to North American plains and river basins, from the southern Africa to the Asia and the Pacific, where indigenous peoples and their communities have always lived close to each other and shared their natural inheritance, Manipur is a province with a territory shared by 33 communities indigenous to the region that straddles South and South East Asia.
- Throughout the greater part of the modern period of India’s independent history, from the 1950s till today, the indigenous peoples of Manipur comprising broadly of the Meitei, Naga and Kuki-Chin groups face three critical areas of threat that are relentlessly obliterating us, destroying our lands and extinguishing our great cultural heritage.
- Protecting indigenous peoples is protecting the Earth. The Government of India must end its denial of the existence of indigenous peoples within its territories, and embrace totally the undertaking in the United Nations to secure the rights of indigenous peoples.
TO READ THE FULL SOLIDARITY STATEMENT, CLICK ON THE LINK BELOW
URGENT PRESS STATEMENT
Imphal, 12 September 2014
The Civil Society Coalition on Human Rights in Manipur and the UN (CSCHR), a coalition of twenty-four (24) indigenous peoples’ human rights organizations of Manipur in India’s North East region, in an Emergency Meeting held today, expresses deep distress that the affirmative steps being taken up by the government of Manipur to find a just resolution to the public campaign for a significant and appropriate policy to safeguard the rights of the indigenous peoples of Manipur by promulgating a system comparable to the Inner Line Permit System (ILPS) has been derailed by a widely reported irresponsible Manipur police action on Monday, 8 September 2014 by officers from Imphal East District. The ILPS issue has seen two separate constructive resolutions in the Manipur State Assembly in 2012 and 2013, and the government of India has also been kept abreast of this demand by the people of Manipur.
On last Monday, a large number of Manipur Police officers from Imphal East reportedly picked up 12 (twelve) human rights defenders including four women and two students from the office of the Joint Committee on Inner Line Permit System (JCILPS) located in Nongmeibung, Imphal after beating up several persons and vandalising the office. The arrested persons are identified as Moirangthem Angamba Singh (34), Johnson Nongmaithem (29), Sumanta Monoharmayum (23), Elangbam Bijendra Meitei (22), Longjam Abothe Meitei (24), Konsam Phulindro Singh (54), Md. Sajad Buya (19), Sarangthem William Milton (25), Khumukcham (n) Naosekpam (o) Rashesori Devi (55), Okram (n) Khomdram (o) Gunabati Devi, Hijam Ibema Devi (42) and Nameirakpam Ibemcha Devi (55). It has been also reported that the office computers of JCILPS have been also seized by the police. In this arbitrary action the police did not serve any warrant to arrest and enter and search the JCILPS office or any arrest memo, clearly in violation of the law. Nongmeibung is within the Imphal Municipality area where the draconian AFSPA had been withdrawn since 2004. The Manipur police action is in clear infringement of even the terms laid down by the Honourable Supreme Court of India regarding the powers conferred to Union security forces only in disturbed areas where ASPA is enforced.
Mr Phulindro Konsam, Chairman of the Committee on Human Rights (COHR) Manipur, a renowned human rights defender of Manipur was among those arbitrarily arrested and charged by the police, and subsequently remanded to judicial custody. It is a matter of great ignominy that Mr Konsam who was just visiting the office of JCILPS for consultations on the imminent talks upon the invitation of the government of Manipur scheduled the next day (Tuesday, 9 September 2014) was randomly charged with several section of the IPC including common cause, wrongful concealment and confinement, voluntarily causing hurt by dangerous weapons and extortion without any evidence.
The steps taken by the police are in clear negation of India’s commitments under the UN Human Rights Defenders Declaration and also breach the UN Declaration on the Rights of Indigenous Peoples. A legitimate and democratic people’s campaign for the protection of their rights has been sought to be criminalised. COHR has further claimed in a media statement that its Chairman, Mr Konsam is innocent. CSCHR finds it totally perplexing that in Manipur, upholding the law seems to have been delegated as a task of the civil society; and officers of the state’s law enforcement agencies obligated to uphold the law are conducting themselves in a repressive and autocratic manner as if the rule of law has been dumped.
CSCHR urges the government of Manipur to ensure that the conducive climate for talks with JCILPs, which had been further enforced by the release of its co-convenor, Advocate P. Arun on 6 September 2014, be restored immediately by taking decisive disciplinary action against its erring law enforcement personnel whose arbitrary and illegal actions have resulted in the abrupt disruption of a political process highly crucial for the future of the indigenous population of Manipur.
SEE THE FULL RELEASE HERE
CSCHR welcomes the release of Irom Chanu Sharmila,, urges immediate withdrawal of prohibitory CrPC s.144 from Ukhrul and Imphal Districts
Imphal, 20 August 2014
The Civil Society Coalition on Human Rights in Manipur and the UN (CSCHR), a coalition of twenty-four (24) indigenous peoples’ human rights organizations of Manipur in India’s North East region, welcomes the historic and far-sighted judgement and orders passed on 19 August 2014 by the District and Sessions Court of Imphal East District of Manipur for the immediate release of Irom Chanu Sharmila who has been continuously on a fast since 2000 for the repeal of the Armed Forces (Special Powers) Act, 1958 as victory of her and the people of Manipur’s moral and political stance. The court has decreed that her imprisonment under section 309 of the Indian Penal Code is not supported by any evidence that she is “attempting to commit suicide” and clearly pointing to her intention “in surviving to continue her mission of repealing AFSPA to reach its logical conclusion”, and that her “agitation is a political demand through a lawful means of repealing” the draconian law.
The Coalition would like to stress that the Armed Forces (Special Powers) Act, 1958 facilitated extensive militarization in all indigenous peoples land and territories of Manipur. The Government of India refused to repeal the Act in spite of the recommendations of series of UN human rights bodies, including the UN Special Rapporteur on Violence against Women, Rashida Manjoo during her visit to Manipur in 2013.
The Coalition denounces the serious human rights violations, in particular torture and extrajudicial executions, perpetrated both by the Manipur Police along with the Indian Army under several emergency legislations, including the Armed Forces (Special Powers Act), 1958 all over the State of Manipur. The Justice (retd.) Santosh Hedge headed high-level Commission appointed by the Supreme Court of India had already confirmed the fake encounter killings perpetrated both by the Manipur Police and the Indian Army and paramilitary units operating in Manipur.
The Government of Manipur usually resorts to violent repressive measures, including prolonged invocation of Section 144 prohibiting conglomeration of 5 or more people under Code of Criminal Procedure, arbitrary detention and torture of human rights defenders throughout the State of Manipur, and in particular within the Valley districts.
The CSCHR fully endorses the appeal of the Naga People’s Movement for Human Rights (NPMHR) and Asian Indigenous Peoples’ Pact (AIPP) for the immediate withdrawal of CrPC Section 144 that has been invoked in and around Ukhrul in Manipur for more than a month, and to end all forms of militarization and martial law governance.
The Coalition would like to urge upon the Government of Manipur to immediately withdraw the invocation of sections of CrPC in Ukhrul Town in the last month and the imposition of the similar restrictions in Imphal East and West Districts since the last more than one decade, and to end all forms of militarization in all indigenous peoples territories of Manipur under the Armed Forces (Special Powers) Act, 1958. The coalition would like to urge upon the Governments of Manipur State and India to repeal the Armed Forces (Special Powers) Act, 1958 and other emergency laws and policies in Manipur.