Xinjiang shot to fame after Hollywood movie Crouching Tiger, Hidden Dragon was filmed at the China's far western province. Now the Beijing's crack down of political dissent by Uighur activists has dragged the region into a human right debate. Mood-hardened New Delhi behaves like a unruly host to Uighur refugees in India. Reports Shafi Rahman
Story
Switching off lights to save money, the night comes early to Dawood's home in Zakir Nagar. The life sometimes sadly imitates living-room conditions at the colony in capital's Okhla industrial area. The sun has also set early on the life of this 45-year- old refugee from China's Xinjianag province where a movement to preserve Uighur culture and traditions is being put own brutally by Beijing.
The peaceful demonstrations expressing opposition to government policies – such as the large scale settling of Han Chinese in the region, the lack of development of Uighur areas and the restrictions on religious and cultural expression – have been met by violent crackdown. Activists are routinely harassed by chinese, forcing many to leave the country.
Dawood went into bad books of Chinese military after he resisted frisking of some Uighur women at an army picket. "I was taken to military jail where I was routinely tortured. For next few months, I was in and out of prison," says Dawood. Fearing further torture he escaped to India through Nepal.
Dawood is one of the few Chinese refugees from the province now living in India. Since September 11, China piggybacked on the United States' war on terror, designating the Uighur movement as "terrorism" and using it as an excuse for further repression. New Delhi, relishing new- found "friendship" with China, refuses to give the refugees exit visa to developed democracies and offer privileges of refugees.
A case in point is that of Aimati Alimu, a member of the Uighur Democratic party (UDP) in Aksu in China's Xinjiang province. He ran a video store, circulating, among other things, copies of videos containing speeches of UDP leaders. For this, he was arrested by the police seven times and tortured, including with electric shocks. When they came for him the eighth time, Alimu fled, first to Hong Kong, then to Dubai and eventually to India with a three month visit visa on 14 February last year.
On his arrival, he applied for refugee status at the office of the United Nations High Commissioner for Refugees (UNHCR) in New Delhi. The UNHCR, in its wisdom, sat on the application for the better part of three months. It chose to overlook the precarious nature of Alimu's situation. It did not take into account the fact that India's growing friendship with China had made the question of Uighur refugees a matter of "national interest" for both countries, and that a few other previously arrived Uighur refugees were stuck in India despite having received permission to resettle in Sweden simply because New Delhi won't give them an exit visa. Alimu tried to check with UNHCR several times regarding the status of his application, but received no answer.
With the three-month visa period nearing its end, and with no papers from UNHCR to prove his refugee status, Alimu understandably panicked. On 9 May last year, he made his way to the Ministry of Home Affairs office at Jaisalmer House, intending to have his visa extended. His visa was due to expire on 11 May. A friend last saw him at Jaislamer House at 2 pm that day. He did not emerge, and the friend went home after midnight and waited for him there.
No news of Alimu was received until the late afternoon of 10 May, when he was allowed to call his friend and inform him about his whereabouts. From Jaisalmer House, Alimu had apparently been taken to the Foreigners Regional Registration Office ( FRRO), from where he was taken to the Lampur Detention Centre.
Alimu speaks and understands no language apart from Uighur, making it impossible to know what was asked of him at these places. Nor was he allowed to call a friend who speaks a bit of Hindi and who could have helped translate. This raises fundamental questions about how FRRO may have determined that Alimu had to be detained.
The National Human Rights Commission of India (NHRC), which was approached in this case, is yet to react. A complaint was sent to the NHRC on 10 May last year, informing it about Alimu's disappearance (as was the case then) and requesting it to take immediate action to ensure that Alimu was not deported. This was followed by an updated complaint on 12 May informing the NHRC that Alimu was known to have been taken to Lampur Detention Centre, followed by yet another letter to the NHRC Chairperson on 14 May, describing the entire sequence of events and asking him to treat the complaint as a matter of urgency.
Under immense pressure from Human Rights organization Alimu was given an exit visa early this year and he has now found asylum in Sweden. As of now, when Alimu tries to stand up on his legs in Sweden, there has been no official response from the NHRC.
Uighur refugees' case highlights the vast gaps in India's ad hoc system of dealing with refugees. It has not signed the UN Convention Relating to Refugees of 1951 or its Optional Protocol. "Indian laws do not recognise the category of "refugee" or the fact that there are persons who are compelled to leave their homes and countries due to threats to their lives and liberty. India deals with refugees under a legislation that is meant to apply to foreigners who voluntarily leave their homes in normal circumstances," says Ravi Nair, the executive director of Asia Pacific Human Rights Network.
At the moment, it is the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946, that do not seek to, but end up governing, the treatment of asylum seekers/refugees.
"Even to the non-legal eye, the contents of the Foreigners Act, 1946, make for alarming reading. It is a wide-ranging, open-ended piece of legislation, setting down no rules on its own, but giving the Central Government the power to frame orders and provisions governing the treatment of foreigners, a system much vulnerable to arbitrary use," says Ravi Nair.
Legal experts have pointed out that India's fundamental rights regime does guarantee certain rights for people like Dawood and Alimu. Articles 21 (right to life), article 14 (right to equality), article 22 (rights of an arrestee or detenu) apply to all persons, and by implication to refugees. But in practice, as in Alimu's case, it is different story. There is no procedure for considering cases on humanitarian grounds. There is also no mechanism that would, for example, supervise the work of the FRRO and verify the correctness of its determination.
Alimu's detention violated India's constitutional and legal framework and obligations under international Conventions and Declarations. The Indian Supreme Court has also held that the "(preventive) detention of a foreign national who is not a resident of the country involves an element of international law and human rights and the appropriate authorities ought not to be seen to have been oblivious of its international obligations in this regard."
Refugees that are certified as such by UNHCR have a modicum of security, although such status does not prevent the Government from expelling them. Those without UNHCR status are at greater risk. It is therefore inconceivable that UNHCR took more than three months to grant refugee status to Alimu even though it was well aware of the risk that Uighur refugees face.
"The UNHCR is clearly in need of some serious soul-searching, and its record shows that there has not been enough of it. Nevertheless, domestic mechanisms are key, and Alimu's case should serve as an opportunity to take a long, hard look at India's treatment of refugees. Arbitrary and ad hoc actions by unsupervised national executive agencies put lives like Alimu's at risk. This is unacceptable and unworthy of a democracy," says Ravi Nair.
The fear that Dawood may be deported to China is very real. In February 2001, the Government of India sought to forcibly repatriate two Iranian refugees. It was only immediate action by local and international non-governmental organisations that is stalling his deportation. In Dawood's case, the sensitivities are as acute, if not more. Since January 1997, Amnesty International has recorded 210 death sentences and 190 executions in China, mostly of Uighurs convicted of subversive or terrorist activities after unfair and often summary trials.
As legal debate goes on, five years of exile is taking toll on Dawood's health. "When last time I telephoned my family, I failed to recollect my third daughter's name. Look, I have now written down all my children's name in this scrap book. See, it will hurt them if I forget their names," says Dawood. An allowance of Rs 1,500 and generous neighbours are helping Dwawood to survive.
Unlike his biblical namesake, Dawood is fighting a loosing battle against Goliath called China. And democratic India, it seems, has chosen to deal with the political refugee in same fashion as it deals with his underworld namesake.
Wednesday, July 19, 2006
Friday, February 10, 2006
Where have all Gopikas gone?
"Listen to that voice. My world is crumbling down," says Bihari Das as his voice drowns in shrill crescendo of dynamite explosions that brutally break the heritage hills. With people like Das, a priest at Sita Devi Temple in Charan Pahadi, baring their chest on mining in Krishna land and ensuring that the politicians don't have settled existence, the life is any more Hindutva-happy for the BJP.
The Krishna land, Braj bhoomi, is fast loosing its innocence and beauty of its Kunds and ghats in mining market place. The Braj spans across the Mathura district of UP, parts of Bharatpur district of Rajasthan and Faridabad district of Haryana. The Braj comprises of over 1300 villages, each of which has some or the other connected to Krishna - magical, mystical and playful of all gods.
The illegal mining for masonory stones and quarrying is mostly restricted to Bharatpur district of Rajasthan where the BJP runs the Government under chief ministership of Vasundara Raje Scindia. Most of the hills are considered to be demi-gods personified in hill forms. Nandishwar Parvat in Nandgaon is revered as Lord Shiva, the four hills in Barsana viz. Brahmanchal are considered to be the four heads of Lord Brahma. Giri Goverdhan is Lord Vishnu personified and the Ashtakoot hills in the district of Bharatpur are considered to be associated with the eight main sakhis of Radha Rani.
Besides there are other heritage spots like Phisalini Shila-natural slider over which Krishna used to slide with his friends, Bhojan Thali - naturally carved stone thalis in which Krishna and his friends used to have their packed lunch, caves of Jadkhor - where Krishna took shelter with his hundreds of cowherd friends, Saugandhini Shila - by touching this rock Krishna took a vow before Brajwasis that he will never ever leave Braj.
In Braj, the mining has contributed towards transformation from the sublime to slime. Even for those who think all mythology is mumbo-jumbo, Braj does not offer sumptuous visuals. Of more than 1000 kunds in the area, more than 80 per cent have been filled with silt. The mining in most of these hills is going on in full swing. The entire hill track is being defaced and being denuded of the rocks, vegetation and plantation and the loss already incurred is irreparable. "The loss inflicted cannot be compensated by any means and in our humble opinion such unwarranted interference with ecology deserves to be stopped.
The mining activities witnessed by us has compelled us to reach a conclusion that the miners have only one motive and i.e. as to how and in which manner they can accelerate their pace of profit earning at the cost of ecology, environment and total degradation of the existing flora and fauna, exploiting the natural resources brutally and insidiously," Rajasthan High Court said in an order dated May 18, 2004.
Rajasthan government says it is taking all the possible steps to close down illegal mines. "We have already deputed three engineers and as per their directions we have closed down 16 mines. Regular checking and campaign are going on," says Ashok Singhvi, the secretary, department of Mining, Government of Rajasthan.
In spite of court order and the Government promises the mining is going on playing different strokes with livelihood in the area. In spite of poor wages, poor working conditions and low wages, the employment is touted as sign of development. "Braj was one of the poorly-developed areas in the country. With the onset of mining, the people have started getting jobs. We have contributed about half of Bhratpur district's revenue in the form of mining licence fees, sales tax," says Gurbinder Singh, proprietor of Baburam Grit Udyog, operating in Pahadi Charan.
The hills of Braj have traditionally been the pasturelands for cattle. Even the pastoral communities from far off areas of western Rajasthan migrate towards Braj in search of fodder for their cattle. The scattering of mining waste and mines abandoned without any effort to replant trees have drained fodder for cattle and hit livelihood of people living in the area who earn from selling milk and milk products. "The areas lying close to mines are cannot be used for agricultural purposes. My entire crop of mustard was destroyed when it was carpeted with dust off the blasting units," Ashok Yadav, a local farmer.
"There were around 400 deer and peacocks living in the vicinity and all of them perished due to heavy mining activity. The Braj now wakes up to dynamite blasts not chirping birds," laments Raju Sharma, furniture businessman in Kama village.
Disillusionment over livelihood issues provoked by the mining has brought together Muslims and Hindus in the area. When local groups organized protests against mining, it was Muslim farmer Abdul Majeed who went first on hunger strike.
The mining lobby gets extensive support from the political parties as the politicians from both the BJP and the Congress engage in proxy mining. But protests in the area are waking up under Ramesh Baba who crusades for conservation and protection of the natural grandeur of Braj. Baba lives in the hills in the forest of Gahvarvan and comes down every evening for discourse on environment issues and Bhajans. He organises Radha Rani Braja Yatra with participation of Krishna devotees, environmentalists and conservationists across Braj and last yatra saw presence of over 5,000 people. "It is a vehicle for cultural, environmental and spiritual awakening," says Baba.
Organisations like Braj Rakshak Dal have chipped in as grass-root whistleblowers. Braj Rakshak Dal has restored over 16 major kunds like Gomati Ganga at Kosi, the Pawan Sarovar at Nandgaon and Vrishbhanu Kund and Dohni kund at Barsana. "We are currently working on an integrated Braj Development programme that will include restoration of all 1,000 kunds, revival of 48 groves, afforestation of hills as well as rejevenuation of yamuna.
"The mining activities in Braj area of Rajasthan exposes the hypocrisy of the BJP which portrays itself to be patron of Indian heritage and culture but refuses to conserve 5,000-year-old heritage," says Vineet Narain, a journalist and convenor of Braj Shakti Dal.
In spite of local protests, the round one has gone in favour of the Government and mining companies. With protests gaining momentum, the round two could well be another story.
The Krishna land, Braj bhoomi, is fast loosing its innocence and beauty of its Kunds and ghats in mining market place. The Braj spans across the Mathura district of UP, parts of Bharatpur district of Rajasthan and Faridabad district of Haryana. The Braj comprises of over 1300 villages, each of which has some or the other connected to Krishna - magical, mystical and playful of all gods.
The illegal mining for masonory stones and quarrying is mostly restricted to Bharatpur district of Rajasthan where the BJP runs the Government under chief ministership of Vasundara Raje Scindia. Most of the hills are considered to be demi-gods personified in hill forms. Nandishwar Parvat in Nandgaon is revered as Lord Shiva, the four hills in Barsana viz. Brahmanchal are considered to be the four heads of Lord Brahma. Giri Goverdhan is Lord Vishnu personified and the Ashtakoot hills in the district of Bharatpur are considered to be associated with the eight main sakhis of Radha Rani.
Besides there are other heritage spots like Phisalini Shila-natural slider over which Krishna used to slide with his friends, Bhojan Thali - naturally carved stone thalis in which Krishna and his friends used to have their packed lunch, caves of Jadkhor - where Krishna took shelter with his hundreds of cowherd friends, Saugandhini Shila - by touching this rock Krishna took a vow before Brajwasis that he will never ever leave Braj.
In Braj, the mining has contributed towards transformation from the sublime to slime. Even for those who think all mythology is mumbo-jumbo, Braj does not offer sumptuous visuals. Of more than 1000 kunds in the area, more than 80 per cent have been filled with silt. The mining in most of these hills is going on in full swing. The entire hill track is being defaced and being denuded of the rocks, vegetation and plantation and the loss already incurred is irreparable. "The loss inflicted cannot be compensated by any means and in our humble opinion such unwarranted interference with ecology deserves to be stopped.
The mining activities witnessed by us has compelled us to reach a conclusion that the miners have only one motive and i.e. as to how and in which manner they can accelerate their pace of profit earning at the cost of ecology, environment and total degradation of the existing flora and fauna, exploiting the natural resources brutally and insidiously," Rajasthan High Court said in an order dated May 18, 2004.
Rajasthan government says it is taking all the possible steps to close down illegal mines. "We have already deputed three engineers and as per their directions we have closed down 16 mines. Regular checking and campaign are going on," says Ashok Singhvi, the secretary, department of Mining, Government of Rajasthan.
In spite of court order and the Government promises the mining is going on playing different strokes with livelihood in the area. In spite of poor wages, poor working conditions and low wages, the employment is touted as sign of development. "Braj was one of the poorly-developed areas in the country. With the onset of mining, the people have started getting jobs. We have contributed about half of Bhratpur district's revenue in the form of mining licence fees, sales tax," says Gurbinder Singh, proprietor of Baburam Grit Udyog, operating in Pahadi Charan.
The hills of Braj have traditionally been the pasturelands for cattle. Even the pastoral communities from far off areas of western Rajasthan migrate towards Braj in search of fodder for their cattle. The scattering of mining waste and mines abandoned without any effort to replant trees have drained fodder for cattle and hit livelihood of people living in the area who earn from selling milk and milk products. "The areas lying close to mines are cannot be used for agricultural purposes. My entire crop of mustard was destroyed when it was carpeted with dust off the blasting units," Ashok Yadav, a local farmer.
"There were around 400 deer and peacocks living in the vicinity and all of them perished due to heavy mining activity. The Braj now wakes up to dynamite blasts not chirping birds," laments Raju Sharma, furniture businessman in Kama village.
Disillusionment over livelihood issues provoked by the mining has brought together Muslims and Hindus in the area. When local groups organized protests against mining, it was Muslim farmer Abdul Majeed who went first on hunger strike.
The mining lobby gets extensive support from the political parties as the politicians from both the BJP and the Congress engage in proxy mining. But protests in the area are waking up under Ramesh Baba who crusades for conservation and protection of the natural grandeur of Braj. Baba lives in the hills in the forest of Gahvarvan and comes down every evening for discourse on environment issues and Bhajans. He organises Radha Rani Braja Yatra with participation of Krishna devotees, environmentalists and conservationists across Braj and last yatra saw presence of over 5,000 people. "It is a vehicle for cultural, environmental and spiritual awakening," says Baba.
Organisations like Braj Rakshak Dal have chipped in as grass-root whistleblowers. Braj Rakshak Dal has restored over 16 major kunds like Gomati Ganga at Kosi, the Pawan Sarovar at Nandgaon and Vrishbhanu Kund and Dohni kund at Barsana. "We are currently working on an integrated Braj Development programme that will include restoration of all 1,000 kunds, revival of 48 groves, afforestation of hills as well as rejevenuation of yamuna.
"The mining activities in Braj area of Rajasthan exposes the hypocrisy of the BJP which portrays itself to be patron of Indian heritage and culture but refuses to conserve 5,000-year-old heritage," says Vineet Narain, a journalist and convenor of Braj Shakti Dal.
In spite of local protests, the round one has gone in favour of the Government and mining companies. With protests gaining momentum, the round two could well be another story.
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