âBeing Neutral is Our Biggest Crimeâ - Global Coalition to Protect ...

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International humanitarian law requires that parties to a conflict never target civilians, only military objectives. Police are only considered valid military targets when the police force is incorporated into the armed forces 338 or during the time they are taking a direct part in hostilities. 339 International humanitarian law prohibits the use of weapons, including landmines and IEDs, in a manner whose effects cannot discriminate between military targets and civilians. 340 When landmines are used, particular care must be taken to minimize the indiscriminate effects. 341 Whether or not a particular Naxalite attack is lawful under international humanitarian law, it still may be prosecuted as a criminal offense under Indian law. In February 2006 Vasanti Kumar’s sisters were returning from a Salwa Judum meeting when their truck was blown up. An NGO fact-finding team reported that the blast killed around 27 people and severely injured another 30, most of whom were believed to be civilians residing in Salwa Judum camps. 342 Vasanti Kumar claimed that out of a “truck-load of people only 20 survived the blast.” 343 She lost a friend in the blast while her two sisters were injured. In October 2007, three people—a civilian and two special police officers (SPOs)— were being transported to a hospital when their tractor was blown up in a landmine. Another SPO who was part of police party that was following the tractor said, We [SPOs] were returning from Polampalli to Dornapal and bringing three unwell people to Dornapal for treatment—two SPOs and a civilian, in the tractor. Naxalites blew up the tractor using a landmine. There were about 15 of us—following the tractor at a distance of about 338 See International Committee of the Red Cross (ICRC), Henckaerts & Doswald-Beck, eds.,Customary International Humanitarian Law, Volume I (Cambridge: Cambridge University Press, 2005), rule 4. India is one of only several states not party to the 1997 Ottawa Convention prohibiting the use, production, stockpiling and transfer of anti-personnel landmines (Mine Ban Treaty). 339 Ibid, rule 6. 340 Ibid, rule 12. 341 Ibid, rule 81. 342 Independent Citizen’s Initiative, “War in the Heart of India, An Enquiry into the Ground Situation in Dantewada District, Chhattisgarh,” 2006, http://rightsandresources.org/blog/WarintheHeartofIndia.pdf (accessed July 16, 2007), p. 12. 343 Human Rights Watch interview with Vasanti Kumar (pseudonym), IDP from Pandiguda, location withheld, December 6, 2007. 105 Human Rights Watch July 2008
100 meters. The tractor driver—another SPO— survived the blast, but the remaining three died. The SPOs names are Kiske Masa (from Kakarlanka, age 27) and Sodi Joga (from Nagalgunda, age 22-23). I don’t know the civilian’s name. 344 In another incident, one villager described how he survived a landmine blast in 2007. He was in an ambulance escorting an injured girl, who herself had been injured in another landmine blast in Jagargonda, when the ambulance hit a mine believed to be placed by the Naxalites. He said, The entire vehicle just went up in the air and landed some 20-30 meters forward. The frame of the vehicle got completely twisted and we were all shaken. But luckily we were alive and the vehicle was still working even in that condition so we kept going. After this, I have never dared to go to Jagargonda. 345 C. Reprisals against Salwa Judum camp residents Naxalites regard Salwa Judum as a serious threat to their influence in the area. After the movement began in June 2005, Naxalites have abducted, tortured, and executed villagers whom they believed were Salwa Judum supporters or supporters’ family members. Satyam David had gone to Konta for work and was accused of attending a Salwa Judum meeting. “I was really scared,” he said. “I thought they [Naxalites] would kill me. Naxalites had already announced, ‘We will kill anyone who attends a Salwa Judum meeting. We will also kill their families.’” 346 Satyam David, a Naxalite himself, ran away and joined the police. Villagers who left voluntarily or were forced into Salwa Judum camps risk being assaulted or killed by Naxalites in retaliation if they attempt to return to their villages. Describing their predicament, one villager said, “[b]eing neutral is our biggest 344 Human Rights Watch interview with Satti Krishna (pseudonym), SPO, other details withheld. See above, section III, Background, for more information regarding SPOs. 345 Human Rights Watch interview with villager from Dornapal (name and location withheld), date withheld. 346 Human Rights Watch interview with Satyam David (pseudonym), former Naxalite, other details withheld. “Being Neutral is Our Biggest Crime” 106
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India “Being Neutral is Our Bigge
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Copyright © 2008 Human Rights Watc
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VI. Plight of Persons Displaced by
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© 2008 John Emerson “Being Neutr
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Gram Panchayat/ Panchayat ICCPR ICE
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of villages in Bijapur and Dantewad
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Since 2006 local nongovernmental or
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Frightened, many villagers hid for
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Salwa Judum, particularly Salwa Jud
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of camp residents and other displac
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Vanvasi Chetna Ashram, People’s U
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egion between June 2005 and June 20
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through underground village committ
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health care. 17 Census data from 20
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The Naxalite problem has led to lac
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egular battalion to counter Naxalit
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NGO fact-finding teams have also ap
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The ‘Salva Judum’ movement is p
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persons also gave Human Rights Watc
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Sometimes senior police officials,
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were sick we had to go and report i
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to our village had bows and arrows,
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All able-bodied men had to particip
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them with escorts. We go with them
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there [pointing to a location about
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V. Abuses by the State Although the
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and my sister’s in the fields. My
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camps. 109 Two SPOs came forward to
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Gangi, one of the villagers, said t
Page 59 and 60: weeks [from the first visit to the
Page 61 and 62: One of the boys got beaten a lot wi
Page 63 and 64: A woman from Nendra said she saw th
Page 65 and 66: member of the fact-finding team tha
Page 67 and 68: In 2006 the Chhattisgarh government
Page 69 and 70: under Indian penal law. 163 Many NG
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Page 73 and 74: eing beaten up by Salwa Judum membe
Page 75 and 76: the country, to liberty and freedom
Page 77 and 78: electricity, adult literacy centres
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Page 83 and 84: camps were started. 233 Assuming th
Page 85 and 86: Impediments to return The Chhattisg
Page 87 and 88: villagers’ access to markets maki
Page 89 and 90: 1. Prior to carrying out evictions,
Page 91 and 92: our huts. About 10 forest departmen
Page 93 and 94: A volunteer with an NGO that provid
Page 95 and 96: met with further retributive measur
Page 97 and 98: Despite the court’s orders, fores
Page 99 and 100: for at least 100 days a year. 303 T
Page 101 and 102: In many places, displaced persons d
Page 103 and 104: Naxalites beat and kill villagers,
Page 105 and 106: that they rubbed small stones [grav
Page 107 and 108: Similarly, Naxalites beat and haras
Page 109: not kill my uncle. They threatened
Page 113 and 114: near the Boddiguda dam. We were abo
Page 115 and 116: Errabore camp on July 17, 2006, whe
Page 117 and 118: E. CPI (Maoist) Party statements Hu
Page 119 and 120: for this reason we are compelled to
Page 121 and 122: The Naxalites do not deny the recru
Page 123 and 124: I have seen SPOs younger than me in
Page 125 and 126: The recruitment process The nationa
Page 127 and 128: I became an SPO last year in March
Page 129 and 130: of them. My brother actually surviv
Page 131 and 132: Maraiguda stated that he was ordere
Page 133 and 134: The Chhattisgarh state government r
Page 135 and 136: ecruitment, but Naxalites pressure
Page 137 and 138: When he was part of the bal sangam
Page 139 and 140: I joined when I was 15 years old. I
Page 141 and 142: When Veka Idma was about age 12 or
Page 143 and 144: later on when I became a dalam memb
Page 145 and 146: Naxalites’ policy regarding recru
Page 147 and 148: IX. Impact of the Conflict on Educa
Page 149 and 150: other villages which do not have sc
Page 151 and 152: The ITDA project officer for Khamma
Page 153 and 154: uses all authority at its disposal
Page 155 and 156: To the Chhattisgarh state governmen
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HUMAN RIGHTS WATCH 350 Fifth Avenue
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) Chhattisgarh government assists t
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protect the rights of the displaced
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HUMAN RIGHTS WATCH 350 Fifth Avenue
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government investigated any allegat
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“Being Neutral is Our Biggest Cri
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We acknowledge with gratitude the f
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