Press Note
March 23, 2007
Response to the Gujarat Relief Package Announced by Central Government
As recognition of the continued suffering of the survivors of the Gujarat carnage in 2002, and as a statement of reparation, the Central Government's announcement of a relief and rehabilitation package of 106.57 crores, though modest, is long overdue and welcome. Regrettably the package focuses on ex-gratia payments for those who died, on injury compensation, and to a lesser extent on compensation for damage to residential and some commercial properties. We urge the Central Government to expand the scope of the package to bring into its framework the rights to relief, rehabilitation, and reparation for the thousands who still remain internally displaced due to the violence in 2002, and who have really been in the forefront of this latest chapter in the struggle for recognition.
In recent months, the survivors of the Gujarat carnage have been bringing to public attention the continued internal displacement of over 25,000 Gujarati Muslims, who still live scattered across 7 districts in Gujarat in approximately 69 shabby colonies entirely constructed by NGOs. They live without any amenities or livelihood opportunities because they cannot return to their homes. Yet, their existence continues to be denied by the State Government.
A complaint seeking relief and reparations for these 5,000 families was filed with the National Commission for Minorities (NCM) in August 2006. In October 2006 the NCM visited 17 of these colonies. The NCM's report finding the State Government guilty of blatant neglect was a welcome sign that at least at the Centre there was some recognition of the rights of this internally displaced population. The NCM report had made the following key recommendations:
The NCM would like to make three sets of recommendations to the State Government and Central Government to improve the lot of the residents of the make-shift camps. These include (1) Basic amenities and livelihood issues (2) Central Government Economic Package (3) National Policy on Rehabilitation and Internally Displaced due to violence.
1 Basic Amenities and Livelihood in Rehabilitation Colonies
Basic amenities must be provided in the camps of displaced victims. These would cover provisions of safe drinking water, street lights, approach roads etc. This should be done by the State Government.
Government of India should agree for a period of five years until they continue to live in the camps, whichever is earlier, all the inhabitants of such camps should be given BPL ration cards without going through the formalities laid down by the Government for the issue of such cards. Similarly, widows should be allowed to claim their pension even if they have not applied within two years or even if they have sons above the age of 18 years.
The State Government should prepare a special economic package for those displaced by the violence with special focus on livelihood issues. For the self employed special efforts should be made to provide inputs like easy credits, raw material and marketing assistance. We strongly believe that this is a vital element in the rehabilitation scenario and that for it to be successfully implemented, NGOs should be involved in it.
Wherever possible the State should take advantage of the National Rural Employment Guarantee Programme to cover able bodied people in these camps and give them employment.
Government of India should return the amount of Rs. 19.10 crores given back by the Government of Gujarat. The State Government should be asked to cover more beneficiaries under the schemes in an attempt to utilise the entire sum.
There should be a monitoring committee consisting of representatives of State Government and Civil Society, which will be charged with the responsibility of ensuring that the schemes described above are properly implemented.
2 A Special Economic Package for Rehabilitation of Internally Displaced Muslim families in Gujarat
There is an urgent need for the Central Government to design and implement an immediate special economic package for rehabilitation of internally displaced Muslim families in Gujarat. The package must include a set of inputs that would address the totality of livelihood concerns. In particular attention must be paid to availability of credit, raw material and marketing support, where necessary, with the help of NGOs.
3 National Policy on Internal Displaced due to Violence
There is a need to design a national policy on internal displacement due to the violence. Populations displaced due to sectarian, ethnic or communal violence should not be left to suffer for years together due to the lack of a policy and absence of justiciable frame-work of entitlements.
The preamble of the new Draft National Rehabilitation Policy 2006, (NRP 2006) which incorporates recommendations made by the National Advisory Council, provides a precedent and sensitive understanding of how displacement due to any reason affects people. It describes displacement in the following terms, “… displacement of people, depriving them of their land, livelihood and shelter, restricting their access to traditional resource basis and uprooting them from their socio-cultural environment. These have traumatic psychological and socio-cultural consequences on the displaced population…” However, NRP 2006 pertains only to land displacement due to development imperatives. When displacement takes place due to mass violence, entailing loss of life, property, family and loved ones and the total destruction of the fabric of a socio-economic and cultural community, then the rehabilitation of the internally displaced populations calls for a new framework of understanding.
When displacement takes place under conditions of fear and under constant direct threat of violation of Article 21 of the Constitution, the trauma and conditions under which survivors face the future is considerably worsened. Further, when the threat of violence is perceived to be continuing (as it currently is in the State of Gujarat), in the absence of justice and in a situation of discrimination and exclusion, the protection of people’s constitutional rights can only be sought through a national policy which clearly lays out a non-negotiable framework of entitlements. Any national policy on internal displacement due to violence must be designed to include provisions for immediate compensation and rehabilitation. A national policy on internal displacement due to violence must further take into account the displaced population’s aspirations of ‘return to their home’ and make provisions to facilitate the return, if it is possible under conditions of safety and security, and to restore the displaced families to their original conditions of living.
A national policy on internal displacement due to violence must also lay down specified time frames for implementation of a rehabilitation plan, as well as include an effective grievance redresal and monitoring mechanism.
In addition, activists also made representations to the Prime Minister seeking a package of rehabilitation for the internally displaced. Further, in the last six months internally displaced people from the 69 colonies have organised themselves into the Antarik Visthapit Hak Rakshak Samiti (Committee of the Internally Displaced) to press for their demands. The Central's Government's package comes in response to all these efforts. As such we urge the Government to fully implement the recommendations of the NCM's report.
Yusuf Shaikh - 09898990823
(Convenor, Antarik Visthapit Hak Rakshak Samiti, Gujarat)
Gagan Sethi, Janvikas, Ahmedabad - 09824023209
Shabnam Hashmi, Anhad, Delhi - 9811807558
Farah Naqvi, Writer & Activist, Delhi - 9811105521
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