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eceived a copy of the written representation that they submitted to you and hope
that you will take into account their concerns, and make a decision in accordance
with the United Nations Guiding Principles on Internal Displacement, which would
protect the rights of the displaced tribal communities.
In late 2007 Human Rights Watch traveled to Khammam and Warrangal districts of
Andhra Pradesh to investigate the plight of IDPs settled in these areas. In interviews
with us, these villagers said that they were reluctant to return to Chhattisgarh until
there was a concrete plan by the government to ensure their safe return in
consultation with them.
The UN Guiding Principles on Internal Displacement, while not a binding instrument,
reflect and are consistent with international human rights and humanitarian law.
They provide that displaced persons have the rights to seek safety in any part of the
country, to liberty and freedom to choose their residence, and to protection against
forcible return to or resettlement in any place where their life, safety, liberty or health
would be at risk. Displaced persons also have the right to an adequate standard of
living. They also state that plans for relocation and rehabilitation should be drawn up
in consultation with displaced persons, especially women.
Unfortunately, the Andhra Pradesh forest department has repeatedly unlawfully
forcibly evicted and relocated many IDPs without developing a safe rehabilitation
arrangement in consultation with them. The Andhra Pradesh authorities have also
failed to extend government welfare benefits to many IDPs.
Persons displaced by the infighting in Chhattisgarh have a right to seek safety,
protection, and humanitarian assistance in any part of India including Andhra
Pradesh.
We urge you to use your extraordinary powers under the Fifth Schedule of the Indian
Constitution and ensure that:
a) IDPs communities are not unlawfully forcibly relocated to Chhattisgarh
without adequate and safe alternative housing arrangements.
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Human Rights Watch July 2008