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19 December 2002
THE INTERNATIONAL INITIATIVE FOR JUSTICE FOR GUJARAT
URGENT ACTIONS TO BE TAKEN
To the Indian Government:
Restore to the Muslims of Gujarat, their rights to life, security and
survival, as guaranteed to all citizens in the Constitution of India.
Safeguard and protect the social, economic, cultural and political
rights of Muslims in Gujarat as per international human rights norms.
Establish a special independent court and appoint special prosecutors
as well as staff untainted by connections to communal organisations, with
the authority to try the crimes committed in Gujarat as crimes against
humanity and genocide under customary international legal standards,
including the international crimes of rape and sexual violence.
Ensure prosecution of all instances of sexual violence, including those
where the victim is killed, broaden the understanding of rape to include
insertions other than penile penetration, eliminate the insistence on
production of medical evidence and corroboration of victims testimonies,
and prohibit admission of evidence attacking the character or sexual
chastity of victims.
Institute a legitimate investigation and prosecution of the crimes
committed against the Muslim community and Muslim women by individuals in
the police, paramilitary forces and other officials, including the review
and re-filing of FIRs and arrest of absconders.
Investigate and prosecute organisations such as VHP, RSS, BJP, Bajrang
Dal, Shiv Sena and their affiliate organisations as well as officials and
individuals responsible for the continuing harassment and propagation of
hate through measures such as the training of militia and the overall
planning of genocidal attacks in Gujarat.
Enforce, and outlaw, where necessary, those responsible for the
economic boycott, ghettoisation and other economic sanctions against the
Muslim community.
The Supreme Court should immediately hear the PILs that are still
pending, authorize CBI investigation of major cases, and implement the
recommendations of the NHRC.
Accede to the Rome Statute of the International Criminal Court and
implement its provisions in domestic law applicable to crisis and non-crisis
situations.
Invite and facilitate an international mission of enquiry, including
visits by the relevant U.N. Special Rapporteurs to monitor the development
of genocide and state responsibility, in order to prevent and punish it.
Recognise state responsibility to provide compensation, in addition to
assistance and relief, and ensure transparency in the distribution of the
relief funds.
Ensure food security and shelter, and guarantee adequate conditions of
living to those displaced.
Provide comprehensive health services, including trauma counselling,
and support services to all subjected to brutalized forms of violence.
Remove communal and discriminatory references and distortion of
historical facts in the text books of schools, colleges and other
educational institutions.
Disband forthwith the Gujarat State Cell to monitor inter-religious and
other forms of mixed marriages.
Ensure safety and security of human rights & womens rights defenders,
and of independent and secular NGOs working to promote human rights and
non-discrimination.
To the International Community:
Declare a genocidal alert.
Utilize universal jurisdiction to fulfil the obligation to try genocide
and crimes against humanity under international law.
Challenge the charitable and tax exempt status of organizations that
support, directly or indirectly, the Hindutva agenda.
Investigate and prevent the sending of funds to organizations
participating in the instigation and implementation of genocide and crimes
against humanity against the minority communities.
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