Document #1341904
IRB – Immigration and Refugee Board of Canada (Author)
Information on the treatment of suspected Sikh militants in Punjab from September 1993 to the present is limited. The following information on the general situation of Sikhs was obtained primarily from a 20 April 1995 telephone interview with a professor of Indian cultures at the Institute of Asian Cultures at the University of Windsor in Ontario, and from the chairman of the International Human Rights Organisation (IHRO) in Ludhiana, Punjab during a 5 May 1995 conference call from Toronto. The official transcript from this conference call is not yet available. Information was also obtained from the transcript of a 24 August 1994 presentation given by political science professor Paul Brass of the University of Washington in Seattle. Further information on these three sources can be found in the notes on sources section at the end of this Response. Published information available to the DIRB up to 23 May 1995 is also included in this Response.
The General Situation of Punjab
Several sources indicate that Sikh
terrorist activities in the Punjab declined dramatically after Sikh
Director General of Police K.P.S. Gill began a vigorous
anti-terrorist police campaign following the 19 February 1992
parliamentary and state assembly elections (HRW 1992, 170; HRW
1993, 162; OAA Dec. 1994, 5, 13; Los Angeles Times 9 July 1994; Le
Devoir 23 Mar. 1992). By early 1993, most of the major militant
groups had been eliminated (OAA Dec. 1994, 13; HRW 1993, 162) and
the government was claiming that a state of normalcy had returned
to Punjab (ibid.; IHRO 5 May 1995; HRW 1992, 170). According to the
Los Angeles Times, in mid-1994 Punjab chief minister Beant Singh
estimated that only "12 to 13 'hard-core militants' remain at
large, and most of them have fled Punjab" (9 July 1994), whereas in
April 1995 K.P.S. Gill reportedly put the number of at-large
"terrorists" at about three dozen (India Abroad 28 Apr. 1995a). For
information on the return to economic and social normalcy in Punjab
since the containment of Sikh militancy, please consult the 31
March 1994 attachment from India Today entitled "Celebrating a
Revival," the 14 February 1994 Inter Press Service (IPS) report,
and the India Abroad reports of 28 April 1995.
According to both the professor of Indian
cultures and the U.S. Office of Asylum Affairs (OAA), despite the
Sikh militants' call for a boycott, Sikh participation in both the
May 1993 Punjab parliamentary by-election and May 1994 Punjab
Legislative Assembly by-election was substantial and helped
stabilize conditions and reduce tensions in the state (20 Apr.
1995; Dec. 1994, 6). The voter participation rate in these
by-elections ranged from 68 to 74 per cent (ibid.), a marked
increase from the 20 to 25 per cent who cast ballots in the
February 1992 Punjab elections (ibid.; HRW 1992, 170; IRB 24 Aug.
1994, 4). According to the OAA, the legislative assembly seat won
by the Amritsar district Akali Dal (Badal) candidate in the 1994
by-election was "the first ... won by an essentially Sikh party
candidate since the 1989 election" (Dec. 1994, 6), and that Sikh
parties are now able to actively campaign is evidence of a marked
improvement in the situation in Punjab (ibid., 7).
According to Country Reports 1994, in 1994
Akali Dal opposition parties were permitted to conduct membership
drives and hold public rallies (1995, 1227). Further, in 1994
Punjab authorities banned public assemblies and enforced curfews
less frequently than in years previous (ibid.). These measures are
permissible under section 144 of the Criminal Procedure Code
(ibid.). Despite this relative political freedom, however, former
Punjab advocate general and People's Union for Civil Liberties
state president Mohinder Jit Singh Sethi has indicated that the
government "imposed censorship on all letters and messages
addressed to or coming from Akali Dal party leaders and rights
groups" in May 1994 (India Abroad 28 Apr. 1995b, 14). A suit
contesting this measure has been filed in the Punjab and Haryana
High Court (ibid.).
According to the professor of Indian
cultures, Punjab's Congress (I) government has brought stability
and security to the state and its people, who therefore see less
need for Khalistan (20 Apr. 1995). Public disillusionment with the
Khalistan movement has also contributed to the lack of support
(ibid.; IRB 24 Aug. 1994, 6; IPS 14 Feb. 1994; India Abroad 28 Apr.
1995c). Moreover, the current Punjab government contains many Sikhs
(OAA Dec. 1994, 8-9; Professor 20 Apr. 1995), making it difficult
for militant Sikhs to claim that they have a conflict with the
state government (ibid.).
The professor also stated that an important
factor in the stabilization of the situation in Punjab is Manjit
Singh, the new head of the Sikh religious leadership in Amritsar,
who is far less willing to engage in violent confrontation with the
Indian government (ibid.). Singh wants to move the Sikh community
away from political toward spiritual matters, and thus does not
focus on the Khalistan issue (ibid.).
According to the professor of Indian cultures, the police anti-Sikh terrorist campaign, increased voter participation in the elections, public dissatisfaction with the struggle for Khalistan and the role of Manjit Singh have all contributed to the militant situation in Punjab becoming generally "low-level [and] low-key" since September 1993, and to a significant weakening in the militants' claim to Khalistan (ibid.). The OAA makes a similar assessment (Dec. 1994, 7-8).
General Treatment of Sikhs
According to the attached 14 February 1994
Inter Press Service report, "analysts say there is [a] dangerous
downside to Punjab's normalcy. The omnipotent powers given to the
police have already made them menacingly authoritarian." According
to the attached reports from the Los Angeles Times (9 July 1994),
India Abroad (28 Apr. 1995b) and Human Rights Watch (1994, 154),
police abuse of Punjab Sikhs continues. The chairman of the
International Human Rights Organisation (IHRO) in Ludhiana states
that despite the so-called "return to normalcy," there has been no
change in police operations or training, and therefore the
potential for police abuses continues (5 May 1995). However, other
sources state that Indian police and army personnel are given human
rights training (Country Reports 1993 1994, 1339; NHRC 14 June
1995; ibid. May 1995, 5). None of these latter sources indicates
whether this human rights training is mandatory or is available to
the Punjab police and military.
According to both the professor of Indian
cultures and the OAA, Sikh males are no longer detained and
interrogated by Punjab police merely because they are Sikhs (20
Apr. 1995; Dec. 1994, 9). Sikhs who carry on their every day lives
in Punjab without attracting the attention of the police generally
lead normal lives and are not harassed by the police or other
authorities (ibid.; IHRO 5 May 1995; Professor 20 Apr. 1995).
High-profile political activists or individuals already known to
the police are the ones most likely to be detained or watched
(ibid.). However, the professor stated that although most Sikhs in
Punjab live in a "reasonably harmonious situation" and now have
relatively "normal" lives, it is not impossible that a Sikh male
would be picked up and interrogated by the police "every now and
then" (ibid.).
Furthermore, according to the professor of
Indian cultures, since September 1993 there have been occasional
police round-ups and detainments of Sikh males in the Punjab
(ibid.). The purpose of these round-ups was to root out suspected
terrorists, some of whom were reportedly terrorizing and
intimidating the local population (ibid.). Corroborating
information could not be found among the sources consulted by the
DIRB.
The attached 30 September 1994 India Today report discusses an official plan in Amritsar to rehabilitate former militants who turned over their guns during the previous two years. However, a 31 January 1995 India Today report states that, for inmates of Nabha maximum security prison at least, there is an "absence of any measures for their rehabilitation" (133). The IHRO chairman stated that there are no training or rehabilitation programs for militants who have turned in their guns to the authorities (5 May 1995).
Human Rights Abuses in Punjab
The IHRO chairman stated that although
"terrorism" and "militancy" by Sikh militants was eliminated in
Punjab by the end of 1993, "state terrorism" continues (5 May
1995). The chairman, who did not define his understanding of the
term "terrorism," stated that the current targets of Punjab police
and state repression are Sikh lawyers, human rights activists,
journalists, editors, politicians and ordinary Sikhs who have no
ties to the Khalistan movement (ibid.). Although Human Rights Watch
World Report 1995 (1994, 155) and Country Reports 1994 (1995, 1222,
1227) both provide examples of people who have been victims of
police abuses in Punjab, it is not always clear whether these
individuals are Sikhs. The IHRO chairman also stated that a number
of Sikhs who had been returned to India were detained by the Indian
police, interrogated and in some cases tortured and booked under
the Terrorist and Disruptive Activities (Prevention) Act (TADA),
unless family members were able to pay money to the police (5 May
1995). Although information could not be found to corroborate this
last statement, the attached 12 January 1994 Toronto Star report
discusses the case of a Canadian Sikh male who disappeared while
visiting family members in Punjab in December 1994, and, based on
local accounts, is believed to have been seized by the Punjab
police. Moreover, according to the professor of Indian cultures,
some Canadian Sikh males and foreign Sikhs reportedly have been
advised by family members living in Punjab not to travel there (20
Apr. 1995). The professor added, however, that foreign Sikhs
generally fly into Delhi and must pass through customs and
immigration, where those who have been active in the Khalistan
movement may be detained and questioned (ibid.). These measures
likely reflect the tighter security found at the airport and are
not meted out to the local Sikhs who live in Punjab (ibid.).
With regard to encounter killings in
Punjab, the OAA states that
[t]he authorities continued to commit extrajudicial killings in 1994, although the number of such deaths declined to 33 in the first eight months of the year, compared to 217 in the last eight months of 1993. There were no reported police deaths in these "encounter" killings in 1994. These include faked "encounter" killings in which the police maintain the victim died during an armed encounter between militants and the authorities or while trying the escape. There is evidence that many such victims were in fact under detention and died during interrogation or were executed by the police. There were no police deaths in such encounter killings in 1994, additional evidence that the deaths occurred in situations set up by the police. The Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983 gives the authorities wide discretion for the use of force, providing a defense for "encounter" killings (Dec. 1994, 6).According to Country Reports 1994, "76 alleged Punjabi militants were reportedly killed in armed encounters" in 1994, whereas "more than 583 such killings" took place in 1993 (1995, 1220).
A number of sources report that charges
were brought against Punjab policemen for "faked encounter
killings" and other abuses (ibid., 1221; India Today 15 Dec. 1994,
54-55; ibid. 15 June 1994, 24; AFP 10 Nov. 1994). According to
Human Rights Watch, police director general K.P.S. Gill has been
"personally identified with many of the most serious abuses of
human rights in Punjab" (1994, 154). The National Human Rights
Commission (NHRC), which held four days of hearings in Punjab in
April 1994, reportedly found that "Punjabi militancy had ended and
therefore no longer served as an explanation for police excesses"
(OAA Dec. 1994, 3). Country Reports 1994 came to a similar
conclusion, stating that in an August 1994 report the NHRC
"strongly recommended that the Punjab state government take steps
to restore the normal functioning and oversight of the police"
(1995, 1220).
In 1994, "after several years during which the courts were unwilling to accept and pursue cases involving terrorism" because of militants' threats against judges, witnesses and their families (OAA Dec. 1994, 6; Country Reports 1994 1995, 1225), Punjab's judicial system began to function more vigorously (OAA Dec. 1994, 6). According to the professor of Indian cultures, a pro-human rights atmosphere is now emerging in India, although it will take time for this change to filter down to the local level (20 Apr. 1995).
Role of the National Human Rights Commission (NHRC) and the Courts
In September 1993 the Indian government
announced the creation of the National Human Rights Commission
(NHRC), which was instituted by an Act of Parliament in December
1993 (LCHR 1994, 164; OAA Dec. 1994, 3; RIAS June 1994, 4). In a 14
June 1995 presentation to the Canadian International Development
Agency (CIDA) in Hull, Justice V.S. Malimath of the NHRC stated
that the commission has advisory rather than judicial powers, and
thus can only make recommendations in the cases it examines.
Country Reports 1993 corroborates this information, stating in
cases of police abuse the NHRC is empowered only "to investigate
and recommend punishment," which the government may or may not
follow (1994, 1339). The attachments from India Today (15 Jan.
1994), the All India Radio Network (4 Aug. 1994) and Country
Reports 1994 (1229) provide additional information on the NHRC.
The NHRC, which is investigating cases of
disappearances and suspected faked encounter killings, has
recommended that murder charges be brought against some of Punjab's
policemen (Country Reports 1994 1995, 1221). Although it is not
clear how many of the following cases involve Sikhs, during an
April 1994 visit to Punjab the NHRC received over 400 petitions and
numerous complaints about the conduct of the Punjab police (India
Today 15 Aug. 1994, 38), and the Punjab and Haryana High Courts
have received numerous petitions relating to individuals who
disappeared while in police custody (ibid. 15 Dec. 1994, 54-55).
India's Supreme Court has also been critical of actions undertaken
by the Punjab police force (Country Reports 1994 1995, 1221; HRW
1994, 154; OAA Dec. 1994, 7; AI May 1995, 3-4; India Today 15 June
1994, 23-24).
Both the professor of Indian cultures and the IHRO chairman stated that the NHRC recommended that the Terrorist and Disruptive Activities (Preventative) Act (TADA) laws be revoked (20 Apr. 1995; 5 May 1995). In May 1995 TADA was allowed to lapse, ten years after it was enacted (AFP 23 May 1995; India Law 23 May 1995). The Indian government was considering amending or replacing TADA with a new anti-insurgency bill, but because of its vagueness, similarities to TADA and potential for misuse, it was strongly opposed by Muslims, opposition MPs and human rights activists (AFP 5 May 1995; Reuters 3 Apr. 1995; ibid. 19 May 1995). Information on the current status of this proposed TADA replacement law was not available among the sources consulted by the DIRB.
Internal Flight Alternatives (IFA) for Sikhs
According to the IHRO chairman, one must
consider the polarization between India's majority Hindu and
minority populations when assessing whether an internal flight
alternative (IFA) for Sikhs would be possible. Sikhs, being
visible, make easy targets (5 May 1995). Thus although a Sikh,
whether an activist or not, could relocate to another state within
India, his "Sikhness" could work against him in disputes with
non-Sikhs (ibid.).
During a 24 August 1994 presentation on the
human rights situation in India and Punjab, Professor Paul Brass, a
specialist on Indian politics and counterinsurgency activities,
stated that the police exercise a general "surveillance ... over
the population of India" and will take note of any newcomer to a
district (IRB 24 Aug. 1994, 1, 24-26). Police communication
networks also play a role in the monitoring and tracking of
individuals (ibid., 25). Sikhs wanted by the police, whether for
questioning or for alleged or real militant involvement, would have
additional problems moving from Punjab to another state in order to
begin a new life, as they would have to hide their Sikh identity
and Punjabi dialect while trying to blend into the local society
(ibid., 23-28).
According to the IHRO chairman, the police
and state authorities make no distinction between Sikh militants
and suspected Sikh militants and treat them the same (5 May
1995).
According to the OAA, the Indian
authorities have the ability and authority to trace and locate
individuals who have moved to another state, although this tracking
and surveillance is done primarily when there are "outstanding
charges" against the individual (Dec. 1994, 7).
The OAA further states that the Punjab
police maintain offices in other Indian states in order to "pursue
Sikh militants" (ibid.). In a May 1995 report entitled India:
Punjab Police: Beyond the Bounds of the Law, Amnesty International
indicates that the Punjab police cross state lines, thus operating
outside their jurisdiction, in order to carry out undercover
operations (1, 3). The IHRO chairman corroborates this information
(5 May 1995). Other sources state that Punjabi police "hit teams"
(Country Reports 1994 1995, 1220) and "police assassins" (Los
Angeles Times 9 July 1994) crossed state lines in order to pursue
Sikh militants in 1994. The OAA provides similar information,
although it does not refer to police "hit teams" (Dec. 1994, 7).
Further, the Indian Supreme Court "openly questioned the legality
of measures taken by the Punjab police" in West Bengal (ibid.), and
the West Bengal state government was highly critical of their
methods (ibid.; Country Reports 1994 1995, 1220; AI May 1995,
3).
The sources indicate that once placed on a
police list a Sikh remains on that list (IHRO 5 May 1995) and can
be picked up for questioning (IRB 24 Aug. 1994, 25). Furthermore,
the IHRO chairman stated that police can pick up anyone without an
arrest warrant or documentation (5 May 1995). This last statement
is corroborated by Country Reports 1994 (1995, 1225).
Nevertheless, the OAA states that the
overwhelming majority of Sikhs outside the Punjab and the immediately adjacent areas of neighboring states experience no difficulty with the authorities. ... When residents of the Punjab have reason to fear violence in their state, they can and do move elsewhere in India ... where they are able to pursue their lives without interference by the police or by Sikh terrorist organizations (Dec. 1994, 7).
For further information on the current
situation of Sikhs in Punjab, please consult the OAA's India:
Comments on Country Conditions and Asylum Claims and the official
transcript of the 24 August 1994 Immigration and Refugee Board
(IRB) professional development session entitled "Update on the
Punjab and Human Rights In India." The May 1995 Amnesty
International report entitled India: Punjab Police: Beyond the
Bounds of the Law provides additional information on human rights
violations by the Punjab police. All of these publications are
available at IRB Regional Documentation Centres.
For background information on Sikhs, please
consult the January 1994 DIRB Question and Answer Series paper
India: Punjab Human Rights Update, and the December 1992 Question
and Answer Series paper India: Sikhs Outside Punjab. Both of these
documents are available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Notes on Sources
The professor of Indian cultures teaches at
the Institute of Asian Cultures at the University of Windsor in
Ontario. An Indologist or expert on India, he has written
extensively on Sikhism. He is a consultant on Sikh culture for the
Human Rights Commissions of Ontario, Alberta and British Columbia,
and has served as an expert witness for the Immigration and Refugee
Board of Canada.
According to a fax from the Canadian branch
of the Ludhiana, Punjab-based International Human Rights
Organisation (IHRO), its chairman is a lawyer of over 20 years
experience who has been associated with the organization since its
inception in 1985 (24 Apr. 1995). He is also a presidium member of
the human rights group Punjab Sikh Lawyers Council. As a
lawyer-activist he has been defending "victims of state repression"
in law courts in Punjab (ibid.). He is an expert on the current
political and human rights situation in India, particularly in
Punjab and Kashmir (ibid.). The attached copy of the IHRO
constitution indicates that the group is a non-party,
non-governmental organization dedicated to human rights,
self-determination, tolerance, fraternity, equality before the law,
rule of law and democracy, independence of judiciary and press, and
peaceful and political solutions to conflict (24 Apr. 1995).
Political science professor Paul Brass of the University of Washington in Seattle has published extensively on the politics of India and has written on India's ethnicity and nationalism (IRB 24 Aug. 1994, 1). At his 24 August 1994 presentation to the Immigration and Refugee Board (IRB), Brass was described as being well-informed about "the current situation in Punjab, the status of ... counterinsurgency activities and ... police structure and activities" (ibid.). During a June 1994 visit to Punjab, he interviewed Director General of Police K.P.S. Gill and a number of "former terrorists", civilians and police officials (ibid., 2).
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