Dear friends,
The Asian Human Rights Commission (AHRC) wishes to forward an appeal from the Asian Center for the Progress of Peoples (ACPP) Hotline Asia.
SUMMARY:
Villagers from indigenous communities in Dharavi Bhet (island) in Mira-Bhayander municipal boundary, west of Mumbai, have been protesting against a garbage recycling plant, Hanjar Biotech Pvt. Ltd., of the Mira-Bhayandar Municipal Corporation, which has caused deterioration of their health and the natural environment. Since the plant started operation in 2007, the villagers have been suffering ailments like bronchitis, tuberculosis, malaria, dengue, viral fever and other diseases because the waste drained from the plant was not treated properly and contaminated the lavish green field and drinking water nearby. As the stench from the plant on the hilltop was widely carried around by wind, health of villagers living around the plant is seriously affected.
Instead of leaving the habitat, where they have stayed for 700 years, the villagers have united to protect their land and demanded scrapping of the Plant. Instead of paying attention to the adverse effects of the Plant, the authorities suppressed the peaceful protests and harassed the activists. For example, on 24 September 2009, police dispersed their peaceful rally by baton and tear gas. On 20 January 2010, the District Magistrate issued a Tadipar Notice to bar the leading activists from entering the Mira Bhayandar and its neighbouring districts for two months. Besides, a number of criminal cases have also been filed on protestors, including local villagers and supporting groups.
BACKGROUND INFORMATION:
Dharavi Island is the last bastion in Mumbai for the indigenous communities, such as Kolis (fisher folk), Agris, Kunbis and Bhandaris. The villagers have preserved their languages and their East Indian Christian culture for the past 700 years. However, their life have been threatened since the garbage recycling plant, Hanjar Biotech pvt. Ltd., of the Mira-Bhayandar Municipal Corporation (the Plant), started operation.
When the Plant was to be constructed in the No Development Zone in 2003, a memorandum with over 5,000 signatories of the villagers was submitted to the Mira-Bhayandar Municipal Corporation. According to the Monopolies and Restrictive Trade Practice Act, a public hearing on the construction of the plant is mandatory. However, no such public hearing was held and the Corporation did not respond to the villagers. James Colaco, the only local resident openly raised objection in the Corporation meeting at that time, was threatened with dire consequences.
The plant formally began operation in October 2007. During the monsoon season, the smell and waste from the Plant seriously affected the area. The villagers started demonstration in November 2008 and succeeded to enforce the closure of the Plant for one month. The plant authorities promised to improve the safety conditions to contain effluents. However, the damage to Dharavi Bhet was inevitable along with the monsoon season. The villagers have united to protect their homelands and slowly gathered more and more support from civil groups inside and outside the Dharavi region, such as Yuva Bharaat, Lokshasan Andolan and Parish Civic and Political Cell.
In September 2009, the villagers launched a signature campaign demanding scrapping of the Plant, which collected 17,500 signatures. But their demand was not heeded. On 13 Septembet 2009, a demonstration rally was organized, with participation of 10,000 villagers. The protestors blocked all the garbage trucks from entering the dumping ground while other vehicles could pass the blockade freely. (Please refer to JPW Bulletin No.4 2009 at http://www.acpp.org/jpwb/jpwb0904.htm)
On 23 September 2009, High Court ordered the authorities to provide police escorts to the garbage trucks but the villagers refused to make way. The situation was getting intense. The next day, police tried to disperse the rally by the lathi charge, which only allows police to disperse crowd by baton and tear gas in the presence of the senior officer. Although in this case the officer was not there, police used violence on protestors, including women. 28 protestors were arrested and falsely charged.
Since September 2009, negotiations were arranged between the authorities and the inhabitants but no consensus was drawn. Unexpectedly, on 20 January 2010, the District Magistrate issued a Tadipar Notice on leading activists, such as Justice Kolse-Patil, Com. Vilas, Shashi Sonawane, and local villagers, such as James Colaco, Sunny Gadekar and Ronnie Correa. These activists were barred from entering the Thane rural district for two months. The restriction of the activists movement is believed to be a way to undermine the communities protesting against the Plant.
Sources
Local source, representatives from Civic and Political Cell
For more information, please contact:
Linda Noche, Coordinator
Asian Center for the Progress of Peoples
1/F, 52, Princess Margaret Road
Kowloon, Hong Kong
Phone: 852 – 2714 5123
Fax: 852 – 2712 0152
Website: www.acpp.org
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ACTION REQUESTED:
Please write polite letters to express your concern and request the authorities to:
1. Stop the operation of Hanjar Biotech garbage recycling plant which runs without consent from Dharavi Bhet villagers; and
2. Stop harassment of protestors who oppose the Plant.
SAMPLE LETTER:
(This is a sample letter for your reference. Please try to write it on your own and avoid typing cc ACPP on any part of your letter but send copies to us separately for monitoring purpose.)
We are writing with grave concern about the Indigenous communities in Dharavi Island, within Mira-Bhayandar municipal boundary adjacent to Mumbai. The villagers were threatened by the garbage recycling plant and some of those opposing the Plant have been harassed.
Dharavi Island used to be a beautiful land, enjoying abundant traditional culture in the past 700 years. Unfortunately, the garbage recycling plant, Hanjar Biotech Pvt. Ltd of the Mira-Bhayandar Municipal Corporation, inappropriately located on the hilltop in the midst of the green agricultural lands, has seriously damaged the natural environment and the villagers health.
The waste drained from the plant is not properly treated, contaminating the lavish green field and nearby drinking water, and the stench from the plant is widely carried around by wind. Thus more and more villagers living around the plant have fallen sick. Moreover, protestors against the plant, including local villagers and supporting groups, have been falsely charged simply because they uphold the basic rights to adequate standard of living.
With the plenteous natural and cultural resources, Dharavi could be an ideal resort. We are deeply disappointed that no protection has been implemented while the lands are undergoing such damage. Please be reminded that the United Nations Declaration on the Rights of Indigenous Peoples has stated that: The principles of respect for and protection of the rights of indigenous peoples to self-determination and development and the free, prior and informed consent of indigenous peoples must be obtained before investments are made on projects affecting their lands, territories and resources and before such projects are brought into indigenous lands and territories. The statement echoed with the Article 11.1 of the International Covenant on Economic, Social and Cultural Rights, which India is one of the signatories.
Therefore, we strongly request your government to direct the concerned authorities to:
1. Stop the operation of Hanjar Biotech garbage recycling plant which runs without consent from Dharavi Bhet villagers; and
2. Stop harassment of protestors who oppose the Plant.
Yours sincerely,
Please send your letters to:
1. Shri Ashok Chavan
Chief Minister of Maharashtra
Varsha Malabar Hill, Bhausaheb Hiray Marg
Malabar Hill, Mumbai – 400 006, INDIA
Fax: +91 22 22029214
2. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg,
New Delhi-110001, INDIA
Fax: +91 11 23384863
Send copies to:
1. Shri. A. L. Jarhad,
District Magistrate,
3rd Floor, Collector Office,
Court Naka, Thane (West)
Pin 400601
INDIA
Fax: +91 22 25349200
2. Shri. S. S. Sandhu
Konkan Division
Divisional Commissioner
Collector Office,
Court Naka, Thane (West)
Pin 400601
INDIA
Fax: +91 22 27571516
3. Chairperson
Maharashtra Pollution Control Board,
Kalpataru Point, 3rd and 4th floor,
Opp. Cine Planet, Sion Circle,
Mumbai-400022
INDIA
Fax: +91 22 24024068
4. Shri. Manu Kumar Srivastava
Secretary of Urban Development (II),
Special Projects,(Additional Charge)
New Administrative Building,
Mantralaya, Madam Cama Road,
Mumbai 400001
INDIA
Fax: +91 22 22854573
5. Diplomatic representatives of India in your countries
HOTLINE ASIA
URGENT APPEALS
UA100308(2)
Hotline is a service for Justice and Peace irrespective of class, race, religion, culture and political affiliation. We issue “Urgent appeals” (UAs) on request from our network. As you receive UAs free, we welcome contributions payable to: Asian Center for the Progress of Peoples Ltd.
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ACPP gratefully acknowledges the support of Cordaid, Mensen met een Missie, Misereor, MISSIO, OBOS and TFD for Hotline Asia.
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Asian Center for the Progress of Peoples
1/F, 52, Princess Margaret Road
Kowloon, Hong Kong
Phone: 852 – 2714 5123
Fax: 852 – 2712 0152
Website: www.acpp.org
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
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SAMPLE LETTER
