Citizens for Justice and Peace


08, May 2017





No. –
1132/2009                                                                                     Date
– 22.10.2009




                Sj. Justice R.K. Patra,


                Orissa Human Rights Commission,



Sub:-       Prayer for independent enquiry of case No.472/2009 by
OHRC, Bhubaneswar.




                We express our deepest gratitude for patient hearing
of the esteemed members of the Bench on dt.22.10.09 in relation to
our case No.472/2009 in the office of the OHRC, Bhubaneswar


                That, “Kuidina Forum for Peace and Justice” is a
local peoples initiative mostly led by the indigenous women of
Kandhamal committed to restore peace and justice and also have been
sincerely engaged in peace building processes in almost all the past
so called communal violences.


                On the petition of “Kuidina Forum for Peace and
Justice” dt.28.03.2009, the commission had given a direction to the
District Administration for the joint enquiry on the negligence and
lapses in the investigation in providing life protection and
security arrangement in relation to the victims vide the order
dt.05.05.2009 in a joint bench of HonÂ’ble Justice R.K. Patra,
Justice Himadri Mohapatra and Dr. R.N. Bahidar and report back
within eight weeks.


                Even today after 22 months of major violence took
place in Dec. 2007 and the 14 months after the incident took place
in the month of August 2008, the victims are still living in a fear
of insecurity and terror without any adequate livelihood support
system and no enquiry has been made so far to give immediate relief
and justice to the victims.


                In spite of clear direction of OHRC to give
protection to Debendra Nayak of Lingagada vide Case No.549,
dt.04.08.08 failed, Issac Digal, G.Udayagiri, Co-ordinator of the
Forum was brutally attacked on dt.03.09.09. Karpura Digal,
Shankarakhole has not received due compensation for her murdered
husband. Attempt to rebuild damaged houses in Dadingia and
Gressingia was disturbed due to further attacks as reported
(communicated to OHRC on dt.07.09.09). Sumabati Pradhan, Dakedi and
Bhabanti Nayak, Godabisa approached His excellency Governor of
Orissa but did not get adequate security assistance to return back
by the admn. And still facing further attacks. Most of the victims
in the petition are facing continuous attacks, threatening and
humilitation in different forms even for last seven months since the
petition submitted to OHRC. District Administration is very busy in
taking up many formal peace initiatives sincerely but the said
responsibility seems to be an additional burden.


                Large number of complaints are yet to be converted
into formal FIRs and even in the justice delivery system Criminals
are getting acquitted due to the weaknesses in the investigation and
prosecution. There is greater need of protection for the
complainants and witnesses in the process. So far 95 persons are
acquitted and 24 persons convicted.


                The real criminals, the third force, who practically
led the violence, supplied all the required financial resources,
managed the looted property, supplied explosives, arms, weapons,
petrol and cooking gas etc. are still in the dark, not arrested and
moving freely to create further violence in future under the defence
mechanism of different political parties and organizations, with
their predominant, sectarian and divisive attitude.


                Though the Govt. has declared the closer of all the
relief camps withdrawing the CRPF by the end of August 2009 and
claims that the situation in Kandhamal is peaceful and normal, the
indigenous women leaders allege that the victims are still not in a
position to return back to their native villages, construct their
damaged houses and avail the due compensation. The victims are
leading a miserable life under the impending fear of death and
future attacks deprived of proper security arrangement, Govt. relief
and staying in their self managed temporary tents and shelters. 40%
of the total agricultural activity has been dropped due to the
prevailing chaotic situation and social unrest.


                Non-transparent and non-inclusive peace building and
rehabilitation process has made the situation more complicated and
critical as many agencies and organizations not much familiar with
the local egalitarian culture, long standing, symbiotic
relationship, traditional non-hostile animistic faith and most
importantly the entitlements and the protective constructional
provisions and the related rules of all the indigenous forest
dwelling communities have started intervening in the process.
Resource seems to be mismanaged and underutilized.


                The Forum pray your kind self for an appropriate
intervention, particularly conduct the enquiry independently through
OHRC and advice the concerned authority for an inclusive people
based process and due recognition of the voice of the local
community leaders without giving further scope to the divisive
elements as life of the poorest of the poor is equally important and
also requested for displacement of all the officials with sectarian
and biased mindset for the greater public interest.




(Hemant Naik)










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