Forced Eviction and Human Rights
— Malom revolts against airport expansion —

Oinam Anand*

At a time when the so-called Developmental projects such as Imphal sewage project, capitol projects are running in bad weather thereby inviting peoples' wrath because of the inefficient handling, at a time when protest arose over the site selection of NIT, there is another form of agitation also in the line which will be more serious in nature as it involves the question of survival of many families.

The JAC, Malom Tuliyaima against the land acquisition for expansion of Tulihal Airport, Malom have drawn up plans for a long drawn out struggle to save their home and agricultural land. It is not only to save their land but also to force the Government not to abandon its social responsibility to provide shelter and livelihood of its citizen.

The prospect of having an International airport in the state will no doubt be welcomed by many. An International airport will connect Manipur direct with the outside world.

When South-West Asia meets South-East Asia through land, railroad and air, Manipur will be the transit point of India and will be the centre of attraction both for India and S.E Asian countries.

But, if such prospects are increasingly leading to encroachment of agricultural lands and human displacement the significance of these development works will be nothing as we don't want our children who are deprived of their land came out in the street for begging instead of flying aboard. This is what the people of Malom, Kodompokpi, Ningombam and other affected villagers tolling the bell of alarm to the authorities.

Women from Malom staged a "meiraa" rally against State Govt decision to expand the Imphal Airport in March 2008 Picture Courtesy: Jinendra Maibam

Time and again, the people of Malom Tulihal, Tuliyaima, Ningombam, Sangaiporou and Mongsangei were the victims of periodical expansion of the Tulihal Airport. In 1950s Tulihal Airport get its first expansion acquiring many inhabited and agricultural lands. In 1966 some 200 families were displaced for airport expansion.

Again in 1970, 150 families were displaced by force eviction and in 1991 about 10 acres of agricultural and pisciculture land were acquired in Malom and Kodompokpi for the same purpose. Thus the people adjacent to Tulihal Airport have been the victims of airport expansion since World War II.

The contention of the JAC is that there is enough area within the present enclosure of the airport to facilitate the airport to the status of an International Airport. The JAC smells a rat in the design of the Govt. that there may be a hidden agenda to acquire more space or land for private park, Hotel buildings etc. in the name of expansion of the airport. In the words of the JAC the proposed expansion is not meant for extension of runways but for construction of residential complex and hotels which are going to be done at the cost of the land of this people of this area.

Does the Government have the right to displace inhabitants of certain areas forcibly. If the United Nations resolution in this regard is any indication, the answer is a resounding 'No'. Terming forced eviction a gross violation of human rights the resolution (NO.E/CN4/1993/L.11/add.8) urges Goverments to desist immediately from all processes that lead to large scale displacement of people and communities from their homes.

The adoption of the resolution came after a three-year effort by a Mexico-based Non-Governmental Organisation (NGO), Habitat International Coalition (HIC), that has been spearheading within the U.N. on housing rights and evictions, whatever be the motives behind the strategy, the forced eviction of permanent settlers is an apparent violation of human rights.

Article 21 of the Constitution emphasises the 'right to life' which incorporates the rights to shelter and livelihood. Miloon Kothari of the Habitat International Coalition says, "Because the practice of forced eviction results in he loss of livelihood, it is a prima facie a transgression of Article 21".

Forced eviction and inadequate resettlement also violate a number of International instruments including Article 11(1) of the International covenant on Economics, Social and Cultural Rights. This Covenant urges all countries to 'recognise the right of everyone to an adequate standard of living conditions'.

In a General Comment adopted in December 1991 to give legal interpretation to this Article, the ICESCR monitoring committee has asserted that 'forced evictions are incompatible with the requirements of the ICESCR and could only be justified in the most exceptional circumstances and in accordance with the relevant principles of international law'.

Is the expansion of the Tulihal Airport an exceptional circumstances? It is a debatable point. In the World War II, Manipur, at the threshold of India or Gateway to India from the East was a battlefield. At that time the British had developed three airports, Tulihal (Now Imphal Airport), Koirengei and Pallel Airport.

The later two airports now remain unused or non-existent while Tulihal has been expanding at the cost of livelihood of thousands of inhabitants. Now, airports in other countries and cities are kept at a safe distance from the cities. Looking from this point of view, another airport of international standard can be developed in Kakching areas.

The endpoint is, at this stage mass organisations, trade unions, JACs and Campaign against eviction can use the UN resolution to their advantage.

A special task resets with progressive lawyers who must utilise the resolution, along with the relevant Articles and Directive Principles of the Constitution to build up legal arguments and develop case law so that forced eviction can be challenged. It is only through such actions in support of mass movements that can stop the force eviction.

Related articles/Gallery on this topic:

• Developmental challenges : Airport & University expansion - Jiten Yumnam
• Gallery on Malom Women Protest against Airport Expansion
• Gallery on Settlement Department measures NIT proposed land
• Dam, NIT and clean MPSC? - Donn Morgan Kipgen
• NIT at Lamphel Pat - Lalkhogin Gangte

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* Oinam Anand wrote regularly for The Sangai Express. This article was webcasted on May 29, 2008.

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