Adopted at the ‘National Convention on the Rights of Dalit and Adivasi Human Rights Defenders’, held in New Delhi, December 9-10, 2019:
We, human rights defenders (HRDs), mostly from the Dalit and Adivasi communities in 20 Indian states, had gathered in New Delhi for the two-day national convention, organised jointly by National Dalit Movement for Justice-National Campaign on Dalit Human Rights (NDMJ-NCDHR), Human Rights Defenders’ Alert – India (HRDA) and Dalit Human Rights Defenders Network (DHRDNet). The convention was inaugurated by Justice (Retd.) HL Dattu – Chairperson of the National Human Rights Commission (NHRC). The objectives of the convention was to deliberate strategies and means to protect our constitution, democratic space and fellow HRDs.
Recalling, the important work of HRDs in furthering democracy, rights and rule of law in India. HRDs are partners of the State in deepening democracy and furthering human rights. Work of HRDs with the most marginalised communities and sections of the society will be difficult to be overlooked and ignored. The socially excluded groups such as the Dalits, Adivasis, migrants, etc. are unable to enjoy the fundamental rights that includes right to food, right to water, right to livelihood and right to life and HRDs are working under the rule of law established by the Indian Constitution, ensuring and expanding these rights to the socially excluded groups under the interpretation of human rights.
Acknowledging, serious concerns on the situation of the HRDs in India. The recent trends of attacks on HRDs is extremely worrying. Many of our fellow HRDs have been killed and physically assaulted by both the State and non-State agencies. We condemn the State agencies for deliberately misusing certain provisions of law to target HRDs in India. Over the recent years, we have witnessed an increase in the attacks from members of dominant upper-caste communities and corporations.
Acknowledging, the specific challenges faced by Women HRDs, who often face the same forms of human rights violations and in addition the gender- specific violations, such as rape and sexual violence used as tools for harassment. The caste discrimination has also presented a greater danger for women HRDs belonging to the Dalit and Adivasi communities.
Expressing, solidarity with the fellow HRDs. We remember those HRDs – including journalists, rationalists, RTI activists, lawyers, protestors and others – who are no more with us today and their lives cut short by the State and non-State agencies, often associated with the Right-wing vigilante groups and corporations.
Expressing, solidarity with the fellow HRDs who are entangled in a web of criminal charges for undertaking actions to promote and protect democracy. We express our solidarity and support to the nine HRDs lodged in a Pune Jail in the Bhima Koregaon case, thousands of protesting Adivasis in Jharkhand associated with the Pathalgadi movement now facing serious criminal charges, and several other HRDs.
Resolving, to continue our struggles for the rights of Dalits and Adivasi communities as guaranteed by the Indian Constitution and furthering our role as HRDs to protect the rights of victims and witnesses under Chapter VA of the SC/ST Prevention of Atrocities Act, 2015. However, we resolve that we have moved from mere victims to survivors and today HRDs, not of our own people but people of this country.
Resolving, to undertake collective actions in cases of attacks and threats to all HRDs and restrictions by the State in exercising fundamental rights guaranteed by the Indian Constitution.
Demanding, the Indian State to recognise the work of HRDs to deepen democracy and rule of law and promoting human rights in India. The Government of India, adhering and respecting the Constitution, the resolutions of the UN Human Rights Council and the UN Declaration on HRDs, must enact a national policy on HRD protection in India, with a special focus on the Dalit, Adivasi and Women HRDs – often the most marginalised and persecuted.
Demanding, the NHRC to undertake proactive timely actions for HRD protection. It is with great dismay and disappointment we record that the Commission has failed to live to its potential in the recent years when it comes to protecting human rights and HRDs. We appeal to the NHRC, to put into practice relevant Global Alliance of National Human Rights Institutions (GANHRI) declarations, most importantly the Marrakesh Declaration on Shrinking Civic Space. We further appeal to the NHRC to take proactive measures and intervene in cases of government misusing the Foreign Contribution Regulation Act to restrict and obstruct work of Dalit and Adivasi organisations and the organisations working with the Dalit and Adivasi communities.
Demanding, the UN Human Rights Council to ratify the UN Guidelines on Elimination of Discrimination Based on Work and Descent and hold an international convention on elimination of all forms of discrimination based on work and descent (caste).
Appealing, to international institutions and individuals globally to recognise the alarming situation in India and while expressing solidarities, deliberate ways in protecting democracy.
Appealing, to all diverse actors in the civil society to come together and initiate collective actions for safeguarding our constitution and protecting HRDs in India, often the most persecuted are from the Dalit and Adivasi communities or those working with these communities.
Appealing, to the National Commissions on SCs and STs, to establish a national focal point on HRDs from Dalit and Adivasi communities, who is a Member in these commissions.
Resolving, to undertake collective actions, locally and nationally, in instances of attacks on HRDs for their protection and support them for justice.
Resolving, to continue our struggles for our sisters and brothers of Dalit and Adivasi communities – struggles for equality, dignity and justice and the struggles for our land, our forest, our environment, our natural resources etc.
Resolving, to undertake actions for protecting our constitution and pluralism and diversity in India.
We express serious concerns over the practical suspension of democracy in Jammu and Kashmir, now for a period of over four months. It is important to highlight that a large section of the population is confined to their houses, schools shut down, internet and communication blockade, illegal arrest and detention of political leadership, etc. Slow reactions from our courts and the NHRC is not the most encouraging.
December 10, 2019
Indian Social Institute, New Delhi
