Urgent Appeal Updates...
Ensure Safety and Protection for Adivasi Migrant Workers   UA080204(2))
January 2011

The migrants from Wayanad district of Kerala became victims of exploitation when they were taken to work in the ginger fields in Karnataka State and many of them were found mysteriously dead or missing. Although this exploitation kept happening in Karnataka State, the district police of Coorg of Karnataka have not filed cases against the employers because the victims did not belong to Karnataka. On the others hand, the district police of Wayanad district of Kerala neither filed the cases that state the incidents did not happen in Kerala. Although a number of petitions were submitted to the state government for the compensation for the victims for last three years, there is no response from the government.

Representatives from Wayanad district administration and the Commission for the Welfare of Adivasis visited Coorg district of Karnataka State on 9 March 2010 to have first-hand information regarding the plight of the migrant laborers. The Wayanad district collector has submitted a report recommending compensation to the victims' families. However, the government has not taken any remedial measures. In response, Neethi Vedhi, Kerala-based organization catering free legal aids to Adivasi communities, filed a writ petition in the Kerala High Court on 4 November 2010 to demand compensation and effective implementation of Inter-State Migrants Act.

Urging the Indian government to enact national laws to ensure an accountability mechanism to redress for violations against Adivasi migrant workers, ACPP issued
UA080204(2) in February 2008.

Sources: Neethi Vedhi, Madhyamam and Mathrubhoomi.

April 2009

A “People’s Tribunal” was held at Kalpetta Municipal Town Hall on 22 November 2008, to highlight injustices in the situation of Adivasi in Wayanad district of Kerala state, who were taken to neighbouring Karnataka state to work in ginger fields and died unnaturally or disappeared.

One hundred and twenty-two cases were considered in the Tribunal, which found exploitation of tribal labourers by ginger farmers in Kerala and Karnataka, cases of disappearance, sexual exploitation and deaths in suspicious circumstances.  The Tribunal also found serious faults on the part of police while conducting enquiries into the deaths of tribal labourers, as well as governments of Kerala and Karnataka states failing to follow the migrant labour act which paved way for human trafficking and bonded labour.

Recommendations of the Tribunal would be handed over to the National Human Rights Commission, the central government, Kerala and Karnataka governments, NGOs in the district and police authorities of the state for further enquiry.

The People’s Tribunal is part of a long struggle.  Through strenuous efforts of different organizations working with Adivasi in Wayanad, the district police superintendent had issued an executive order in 2007 to make it mandatory to register names of Adivasi being taken to other districts or states, in the police stations, but this order has not been properly complied.  Individual cases filed in courts have not been successful due to lack of jurisdiction.  The government, political leaders and tribal department have not shown interest in the issue and the media also neglected it.  Thus, a collective effort of NGOs in Kerala, as well as in other states, decided to organize the People’s Tribunal.  Among the organizers were the Neethi Vedhi, Kerala Adivasi Forum and the South Indian Adivasi Network.  The People’s Union for Civil Liberties (Kerala), People’s Watch Tamil Nadu and SICHREM (Bangalore) were among the collaborators.

To support the local struggle and to raise the issue to the international community, ACPP issued UA080204(2) in February 2008, echoing the local call for enactment of national laws to register names of migrant workers and their employers at every police station, and for making the rule applicable at the inter-state level.


Sources:
Local source
The Hindu