Review Arunachal mega hydro project, stop repression of anti-dam activists: NAJAR writes to CM

Counterview Desk 

In a representation to Pema Khandu, Chief Minister, Arunachal Pradesh, several senior activists and legal experts belonging to the advocacy group National Alliance for Justice Accountability & Rights (NAJAR) have sought  review of mega hydro projects, even as asking him to stop repression against environment human eights defenders and indigenous people’s povements of the State. 

They especially took strong exception to the manner in which, on 8th July, 2024, advocate Ebo Mill and activist Dunge Apang were "arbitrarily detained and wrongfully restrained for more than 8 hours by the Itanagar Police" for suspecting that they would lead a campaign especially against the mega-dam project on Siang River, a major tributary of the Brahmaputra, which directly flows from Tibet into Arunachal Pradesh.

Text: 

The National Alliance for Justice, Accountability & Rights (NAJAR), a collective of legal professionals across India, writes to you with an appeal to undertake an urgent review of the mega hydro power projects in ecologically fragile Arunachal Pradesh, which would have an adverse impact both on the environment as well as the rights and well-being of indigenous communities. We also urge your Govt to refrain from any form of repression on anti-dam, ecological justice activists, advocates and movements who are working in the long-term interests of the state. 

It is a matter of great concern that there have been multiple instances of detention of anti-dam activists. On 8th July, 2024, Advocate and Activist Ebo Mill and Dunge Apang were arbitrarily detained and wrongfully restrained for more than 8 hours by the Itanagar Police.  This is the second such detention of Ebo Mili, earlier one being on 12th August, 2023 when he was detained along with his brother Mejo Mihu for distributing pamphlets that conveyed messages against further dam projects and voiced public grievances. Their detentions have been a direct response to their protest against the Memorandum of Agreement (MoA) signed between the state government and hydropower public sector undertakings (PSUs) concerning twelve stalled hydropower projects in Arunachal Pradesh. NAJAR voices its strong protest against the unlawful detention of Advocate Ebo Mili and Dunge Apang and urges the authorities to respect their fundamental rights to free expression and peaceful protest. We stand in solidarity with those advocating for justice and environmental preservation. 

We also insist that the root cause be corrected and reversed – which is the construction of large hydro projects, unmindful of their serious irreversible harm to the environment and local communities. India is bound by its commitment to the Sustainable Development Goals (SDGs) and cannot proceed with a ‘development agenda’ which is contrary to them.  By these acts, the Government of India has gone back upon at least three of the SDGs (Goal No. 11 – Sustainable Cities & Communities, Goal No. 13 – Climate Action, Goal No. 16 – Peace, Justice and Strong Institutions). It has disregarded the serious concerns of the communities, it has criminalized peaceful protests and it has disregarded all reports about large dams causing long-term adverse impacts, especially in a fragile ecological zone. 

At the heart of the issue, is the need to safeguard the Siang River, a major tributary of the Brahmaputra, which directly flows from Tibet into Arunachal Pradesh. In 2017, the Niti Aayog proposed a hydropower project along Siang, aiming to make it the ‘country’s largest hydropower’ with a capacity exceeding 10,000 megawatts. In furtherance of this, the NHPC (National Hydroelectric Power Corporation) identified three potential sites viz., Uggeng, Ditte Dimme, and Parong, for preliminary feasibility assessments. These assessments involved drilling a 200-meter-deep hole to evaluate the strength of the rock surface. 

Thereafter, in 2023, NHPC attempted to conduct surveys in the proposed areas. However, the Siang Indigenous Farmers’ Forum (SIFF) resisted and rejected the efforts of the NHPC by filing a police complaint, alleging that the NHPC survey team was operating in Parong without the consent of the local residents. In March 2023, over 1,500 residents from Adi farming communities, organized as SIFF protested against NHPC’s initiatives, demanding the rollback of the Corporate Social Responsibility funds allocated by NHPC to the district administration. Despite the strong resistance of the indigenous farmers, on 12th August, 2023, Mr. RK Singh, the Union Power Minister signed a Memorandum of Agreement with four major central public sector undertakings to undertake 13 hydropower projects in Arunachal Pradesh. 

Since early this year, the NHPC started trying to ‘garner’ local support for the mega-dam project. The corporation engaged in various outreach initiatives, including signing several Memorandums of Understanding (MOUs) with different departments for development projects. These projects included upgrading schools, improving health centers, and constructing a multipurpose sports complex in Bolen. On 3rd March, NHPC also donated two Bolero vehicles to the Siang district administration as part of their community outreach.

On 22nd June, 2024, the Upper Siang District administration held a meeting with Panchayat members, village headmen from 12 villages, and the BJP MLA of Tunting yingkiong. During this meeting, the headmen were urged to permit the survey in the ‘national interest,’ citing the strategic importance of the dam and national security concerns. The village headmen strongly opposed the proposed project. Subsequently, on 8th July, 2024, Union Power Minister Manohar Lal Khattar, along with Union Ministers Kiren Rijiju and Piyush Goyal, visited Itanagar, Arunachal Pradesh, for a meeting regarding the same. 

We are alarmed by the proposed 11,000 MW Upper Siang Multipurpose Storage Project, being considered of national importance

In July, 2024, Advocate and Activist Ebo Mili and Dunge Apang (legal advisor and Convenor of the Siang Indigenous Farmers Forum respectively), were in preparation to hold a peaceful demonstration against the ongoing signing of Memorandums of Understanding (MoUs) with hydropower companies in Arunachal Pradesh. SIFF, Dibang Resistance, and Northeast Human Rights (NEHR) intended to submit a representation to the Power Minister of India, expressing their grave concerns regarding the state's hydropower projects.

The representation reads:

“We implore the Government of India to reconsider its stance on advancing more dams in our state. We are particularly alarmed by the proposed 11,000 MW Upper Siang Multipurpose Storage Project, which is being considered of national importance. This designation suggests that the government may overlook critical issues such as socio-cultural impacts, the mass displacement of indigenous peoples from their ancestral lands, environmental degradation, wildlife concerns, and the 50-year-long anti-dam movement in the Siang region. We urge the government to prioritize environmental conservation and community well-being, favoring long-term sustainability over short-term gains.”

The representation also called for the amendment of the Arunachal Pradesh State Hydropower Policy of 2008 to better serve the interests of the state's people rather than those of transnational corporations and profit-driven entities.

On 8th July, 2024, at approximately 8:50 am, the Itanagar Police detained Advocate Ebo Mili and Dunge Apang, in contravention of the due procedure established in law and restrained them from exercising their right to protest. The police placed the human rights defenders under “bound down” according to Section 128 (Security for Good Behaviour from Suspected Persons) of the BNSS. According to the Itanagar Police, the detention was based on bald reports from “reliable sources” indicating that they might “disrupt the forthcoming public meeting involving the Chief Minister and Union Ministers” and “attempt to cause a public order issue.”. The activists were later released after signing a peace bond, with each facing a Rs 50,000 penalty for any breach of the bond related to the case under Section 128 of the Indian Civil Defence Code.

Last year, on 12th August 2023, Ebo Mili and Mejo Mehu were detained for staging a peaceful protest in Itanagar on similar issues. We view the preventive detention of Advocate Ebo Mili, Mejo Mehu and Dunge Apang as an act of reprisal against their environmental and human rights activism. It is against their constitutional and fundamental rights to organize peacefully in order to safeguard their natural environment and their right to life with dignity. Many of these concerns have also been highlighted in the recent letters sent to you on 18th Sep, 2024 by civil society activists, indigenous community leaders and environmentalists from across Arunachal Pradesh. Please do take cognizance of the same and address the concerns raised therein. 

In the light of the above, we call upon the State Government to:

• Review the Mega Hydro Projects and not proceed with MoUs and Projects that would cause large scale, adverse impacts on the ecology of Arunachal Pradesh and its indigenous communities. 
• Uphold the Right to Free, Prior and Informed Consent of the Indigenous Communities of Arunachal Pradesh, in the process of construction of any mega infrastructure projects. 
• Initiate an independent, fair inquiry into the arbitrary detentions of Advocate Ebo Mili, Mejo Mehu and Dunge Apang and take action against concerned authorities, who violated the law.
• Ensure the physical safety of the aforesaid activists, indigenous communities and safeguard their democratic right to protest peacefully, to defend ecology and people’s rights. 

As Chief Minister of the State, we trust you will prioritize the long-term interests of the ecology of the state, the well-being of the current and future generations while taking decisions. 

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