(P. S. S. P.)
At: Kucheipadar, P.O.: Kashipur. Dt.: Rayagada- 765015, Orissa
To Date : 21st July, 05
National Human Rights Commission
Sub : Repression in Kashipur in Rayagada district in Orissa and request for immediate intervention of the honourable chairman
We the people of Kashipur are bringing following points for your knowledge. Before that we want to say that several letters and memorandum have reached to you and several quarters regarding the repression in Kashipur.
In the mean time again we have faced lathicharge on
The facts are like this,
Beginning of second phase of repression in Kashipur
1. More recently on
3. People of PSSP (Prakrutik Sampad Surakshya Parishad) in Kashipur are demanding medical facilities and educational institutions which are essential for a descent life. The government of Orissa instead of providing these facilities when intended to start construction of police outpost and police barrack generally meant for armed police, people started opposing the idea.
5. The Tikiri OIC then on
6. Subsequent repression by armed police: From
7. By today fifty activists have been arrested and out of them still twenty four activists of PSSP are still in jail for more than three months. Already there is a rape incident happened by the armed police in newly constructed police out post at D. Karol where a dalit lady of D Karol was raped and molested by the armed police on 17th January,2005. The local police Officer in Charge Kishor Mund refused to accept the FIR.
Where our fault lies
8. Utkal Alumina International Limited (UAIL) is a joint venture of Hindalco and Alcan of Canada. The Memorandum of Understanding (MOU) was signed between the government of Orissa and the company in 1993. Due to the popular struggle UAIL could not start its work until
9. UAIL is a 100% export oriented joint venture alumina consortium. In 1993 Indal, Tata, Norsk Hydro and Alcan were originally part of the consortium. Subsequently some of them withdrew and now Hindalco has 55% share and Alcan has 45% share of UAIL. The total cost of the project is estimated at Rs. 4000 crores. Bauxite would be sourced through open cast mining from Baphlimali of Maikanch panchayat, which has an estimate of 195 million tons of bauxite and will be transported to the plant site at Doraguda near Kucheipadar village (25km from the mining area) via conveyor belt. The capacity of the plant will be one million ton of alumina and will be increased upto three million tons according to the UAIL report. As per expert’s view, for these three million tons of alumina nine million tons of bauxite would be extracted annually. This means the UAIL would finish up the entire bauxite of Baphlimali within 22-23 years. The alumina generated at this refinery proposed to be sold at US $85 a tonne is estimated to be the cheapest globally.
10. The UAIL project would acquire 2865 acres of
Company speaks lie
12. False information by the company: UAIL claims that the project will displace only 147 families from three villages of Talakarol, Ramibeda and Kendukhunti as per 1991 census. The Nosrk Hydro’s estimate puts the number of Project Affected Persons (PAPs) as 750 families and the human rights group Norwatch of Norway estimated nearly 60,000 families would be affected. As per PSSP’s estimation nearly 2500 families will be affected by the alumina plant only and another 2000 families would be affected by mining in three panchayats namely Maikancha, Kodipari and Chandragiri GP of Kashipur block. UAIL is not disclosing its project proposal and is not giving any information. Above all we are going to loose our land and livelihood and the company and the state government are keeping us in dark.
13. No Gramsabha resolution: People of Kashipur are not interested in the project and due to the resistance UAIL could not start its work until 1.12.2004. Neither UAIL nor Government of Orissa has ever discussed these matter are before any of the six grampanchayats which is going to be affected by the project. They are Kucheipadar Grampanchayat (GP), Hadiguda GP, Tikiri GP, Maikancha GP, Kodipari GP and Gorakhpur GP. As per the Grampanchyat Act of Orissa all voters of the Grampanchayat are the members of a gramsabha, as per the Provisions of the Scheduled area Act, 1996 (PESA) gramsabha resolution is essential. None of the above gramsabha has ever passed any resolution in favour of the UAIL.
14. Consent of Gram sabha is a lie : Superitendent of Police , Rayagada says in media “ in the gramsabha the villagers gave their consent to vacate their lands for construction of Alumina Industry”. This is a lie. Out of 24 villages 3 villages will be completely bulldozed by UAIL in the first phase of its project namely Ramibeda, Kendukhunti and Tala Karol hamlets. But on
15. Omission of Kucheipadar village : The letter of SP speaks that the Kucheipadar village has been omitted by the UAIL. It can not be true. The reality is that just below the Ramibeda village , one of the displaced villages, the
16. Allegation against outsiders: The District Administration often accused the non-tribal activists as outsiders. This has also come in the PUCL report while taking interview of police officers. They have been already implicated in several false cases and have been forced to go underground.
17. No environment clearance: From the confidential source it is clear that the UAIL does not have renewed mining clearance, forest clearance and environment clearance. It does not have any gramsabha resolutions favouring the company. Also environment assessment report done by Engineers India Limited commissioned by the UAIL goes against the company. But the company is sharing neither its proposal, not the environment assessment report nor its plan etc. The INSAF team while visited the place found all these lacunaes from the company’s side and have mentioned in their report.
Kashipur falls under the Fifth Schedule of the Constitution of India, which guarantees land to the adivasis and forbids the transfer of tribal land to any non-tribal entity or activity. As per the Samata judgment, the government and the aluminium company are non-tribals. Also, we are informed that for their private gains neither the government of Orissa nor UAIL is paying any respect to the Gramsabha resolutions of any of the Gram Panchayats. This is in flagrant violation of the Provisions of the Scheduled Area Act, 1956. In the interim period, the people of Kashipur , Orissa, with support from the people of Chhatisgarh and Madhya Pradesh came together in a protest dharna on the 4th and 5th of March in
In this context we urge that
1. Immediate withdrawn of all armed police forces from the area and police outpost. The police barracks should be closed down;
2. Release of all activists of PSSP and false cases should be withdrawn;
3. UAIL project should be cancelled and gramsabha resolution should be mandatory before installation of any project;
Finally we urge the Chairman to visit the area for first hand information of the repression and pressurize the government to stop any type of anti-tribal action.