Phulbari Day today

Staff Correspondent, NewAge, August 26, 2009


Photo: Zakir Kibria

Different socio-political organisations will observe Phulbari Day today in remembrance of the demonstrations against Asia Energy’s planned open-pit mining at Phulbari in Dinajpur on August 26, 2006.

Three people were killed and many were injured when lawmen into protests against at the Phulbari coal field in August 2006.

Four days after the demonstrations, the then BNP-led government on August 30 signed a six-point agreement with protesters, spearheaded by the national committee to protect oil, gas, mineral resources, power and port to expel Asia Energy from Bangladesh and ban open-pit mining.

The committee, however, expressed its dismay at the non-implementation of the agreement as Asia Energy is still active in the country.

The national committee and different left-leaning political organisations have chalked up programmes to mark August 26 as Phulbari Day. The committee will place flowers at Shaheed Smritistambha at Phulbari and hold a rally there.

The committee will also place flowers at the Central Shaheed Minar and observe the day in other places.

Jatiya Gana Front will hold a rally and bring out a procession in Muktangon to mark the day. The organisation in a statement said any move for open-pit mining in Bangladesh would be stopped.

Samajtantrik Chhatra Front will also bring out a procession on the Dhaka University campus on the occasion demanding expulsion of Asia Energy from Bangladesh.

Further Information:

Phulbari Resistance on Facebook

Phulbari Day Photos: Remembering the August 26 Martyrs

‘You cannot eat coal’: resistance in Phulbari

NewAge, August 19, 2008. Dhaka, Bangladesh


Those who campaign against the ruthless exploitative practices of trans-national mining companies say, increased investment results in human rights abuses, especially against rural communities which the companies want to dislocate and uproot. They also say that the role of the state in extractive sector governance and citizens’ protection diminishes, while its role in protecting and promoting the interests of trans-national corporations increases. One sees that happening in Phulbari, over Asia Energy’s proposed Phulbari coal project, writes Rahnuma Ahmed

‘Only when the last tree has withered, and the last fish caught, and the last river been poisoned, will we realise we cannot eat money.’


Cree proverb



 ‘[the] uprootedness and superfluousness which have been the curse of modern masses since the beginning of the industrial revolution and have become acute with the rise of imperialism at the end of the last century and the break-down of political institutions and social traditions in our own time.’


Hannah Arendt, The Origins of Totalitarianism, 1975
 


‘You cannot eat coal’


‘No, we do not want the coalmine. What will we eat?’ said an elderly woman. I was watching raw, uncut video footage from Phulbari, shot by media activists Zaeed Aziz and Farzana Boby, a couple of days after the killings occurred on August 26, 2006.


Another woman steps into the frame. She vents bitterly, we work daily for our subsistence, we eat from what we earn. That is all we have. If this land is turned into a coalmine, those who eat in exchange of daily wages, where will they go? Where will we live? How will we survive?


Zaeed and Farzana’s film, ‘The Blood-Soaked Banner of Phulbari’, was released soon after the killings in 2006. I watch the beginning sequence. A crowd of men stand at the long-distance bus stand in Phulbari town, they talk to each other and to the film crew. ‘We are poor people,’ says a man, probably in his late-thirties. ‘If I lose my home, how will I earn a living? What use will be the coalmine?’ Who will it benefit?


I return to clips from their uncut footage. A younger woman is sitting in her courtyard, ‘No, I don’t have a husband, I live with my mother, I work with her. In the same place. If the coalmine comes, we, that is, us mothers-and-daughters, where will we go? We will be scattered from our relatives, we will lose our ties.’


‘Where will we go?’ This question is repeatedly raised by villagers, by both men and women, old and young, by farmers, day-labourers, petty businessmen, schoolchildren, college-going youths, both Bengalis and adivasis, who belong to Santal, Oraon, Pahan, Mahali and Munda communities. By Hindus and Muslims.


‘Two coalmines have been built in neighbouring areas,’ one of the men standing at the bus-stand in the Blood-Soaked Banner documentary had said. ‘What development has it brought, tell me?’


I turn to Ronald Halder and Philip Gain’s film, ‘Phulbari’, an activist film released by SEHD earlier this year. Abdul Jalil of village Chouhati turns his face away in pent-up anger when asked how he has benefited from the coalmine in Barapukuria. ‘Benefit? How have I benefited? It has crippled me. I cannot describe the damage it has done. Those who have benefited from it have. We have been devastated.’


Azizunessa of the same village does not mince her words. She too has suffered from the Barapukuria coalmine. ‘We are poor people, we raise a cow, a goat or two. But the security guards, they do not let us enter, they do not allow us to cut even a blade of grass. So how does the coalmine that they have built, help us? How do I get my bowl of rice? They do not give me work in the coalmines. My sons have no food. How will they live? Only Allah knows what our situation is like. How our days pass. Or don’t. I did agricultural work, I winnowed paddy, I worked, I ate, I brought in one and a half seers of rice from the house I worked in, I fed the children. Work is not something that appears out of nowhere, that daughters-in-law can bring, that poor people can give each other. Why is it that the coalmine has stopped me from working, from feeding myself? The coalmine is protected by barbed wire fences, it is surrounded by high walls. Why?’ Who benefits from the coalmine?


The Phulbari coal project plans to extract coal using open-pit mining method in seven unions and one municipality in four upazilas of Phulbari, Birampur, Nawabganj and Parbatipur in Dinajpur district. The company behind the $1.4-billion project is Asia Energy Corporation (Bangladesh), a wholly-owned subsidiary of the British-registered Global Coal Management Resources Pls. According to Asia Energy, 40,000 people would be involuntarily resettled, 10,000 hectares, primarily of fertile agricultural land, would be required for mine and associated infrastructure. Activists say the number of people evicted is likely to be ten times more. The proposed coal project would divert a river, suck an aquifer dry for thirty years, the life span of the project. Dynamite explosion, environmentalists say, would cause noise and dust pollution, this would be increased by the trucks and trains that will haul away the coal to the port in Sundarban. To prevent flooding, huge pumps will pump out 800 million litres of water daily, from the mine. This will lower the groundwater in an area covering 500 square kilometres. Air and water pollution is likely to spread to surrounding water bodies. Asia Energy plans to create a huge lake after the project is over, but activists predict that the water is likely to be toxic.


GCM has a sustainable development manager who guides their approach. But the global record of mining operations rejects the sustainable development myth. Roger Moody, international researcher and campaigner against exploitation caused by multinational mining, writes in ‘Rocks and Hard Places: The Globalization of Mining’, lesser-developed countries, those with a high degree of dependence on mining, show slower rates of economic growth than their peers. Some countries, he writes, have been worse off. Potosi, a region that has been mined for silver for five centuries, is one of the poorest in Bolivia. Closer home is Orissa, Bihar and Jharkand which provide most of India’s minerals. Bihar has been for many years India’s ‘least developed’ state, while Orissa, in 2005, was ranked as the ‘poorest’ in the country. Mined regions even in advanced and middle-income countries have been the last to share in aggregated wealth. In 1870, Cornwall had 2,000 tin and copper mines. When the last pit was closed in 1998, Cornwall had the highest proportion of low-paid workers. Mineral-dependent economies, largely in Africa, are more likely to experience zero or even negative growth, since labour and capital move away from sustainable sectors to the extractive sector, and domestic products lose their competitive edge on international markets.


And of course, ‘understanding’ risks, albeit from a safe distance, is not the same as being willing to undergo it oneself. Recently, activists from the Alberta Environmental Network showed up at the Oil and Gas Investment Symposium in Calgary, Canada, held by the Canadian Association of Petroleum Producers. The event brought together 85 companies and 375 investors from Canada, the US, and around the world. Those present at the meeting were offered drinking water that Athabasca Chipewyan First Nation peoples claim is toxic. They experience high rates of rare cancers and auto-immune diseases, which they believe are linked to the development of the tar sands.


None of the producers/owners, investors, CEOs drank the water.
 


26th August 2006


On August 26, 2006, more than 50,000 people took part in protests against the proposed mine, in Phulbari town. People from adjoining towns and villages poured in. The Bangladesh Rifles, a paramilitary force, opened fire on the protesters. Three young men, Tariqul, son of the municipal commissioner and panel chairman, Ameen, a young carpenter, and Salehin of the adjoining upazila Nawabganj died instantly. One to two hundred people are reported to have been injured in the violence unleashed by the BDR and police.


I turn to Zaeed and Boby’s uncut video footage. A woman describes angrily, ‘It was around maghreb, just before the call for prayers, the photographers had left, TV reporters too, that’s when they attacked us.’ To leave no photographic evidence? Another woman butts in, ‘We had chased out the police, I was so furious, I have never had the courage before, since that day I have learnt how to fight. Now, I have limitless courage. I am not afraid to die.’ The woman speaking earlier returns to her story, ‘The military [read BDR] began beating up people, they entered into our homes, they tore down the tin roofs.’ She is indignant, ‘These are people who are meant to protect us, they are law-enforcers.’ Another woman speaks up, ‘Did any of them die? They never do. Did any of them suffer any injuries?’


A woman who was badly beaten says, ‘The BDR entered our villages, they went from house to house. How dare they enter our villages? So we chased them out. But then they regrouped, they came after us. I couldn’t escape, they caught me and beat me very badly.’ The shot shows other women in the courtyard, nodding their heads as they listen.


Off-screen I hear a female voice, ‘Can the government ever defeat the janata?’ A woman wearing a printed sari on-screen says, ‘It is the government which breeds terrorists, they tear down the shops of poor people, they snatch away cigarettes and other items, they break these little cigarette stalls that are run by young boys for a living.’ Another off-screen voice, also a woman’s, speaks up, ‘Ordinary people are never terrorists.’


Most of the women, in no uncertain words, condemned Khaleda Zia, the then prime minister, for having sold out the interests of the country. What kind of a woman is she? Sending soldiers after us, dragging our husbands out of our homes. Does she want to make us widows? Their language was laced with four-letter words, often directed at her, at times at the then energy ministry adviser, Mahmudur Rahman, sometimes at the whole cabinet. I brought up the issue with Nurul Kabir, the editor of this paper. He said with a wry smile, ‘I am most respectful of subaltern languages, but wouldn’t it offend bhodrolok sensibilities?’ We laugh and talk about the gentrification of language, a class-ed mechanism of ruling. Who was it who had said there can be feelings without language, but no language without feelings? Was it not the historian Collingwood? I muse over issues of language, of home and belonging as I search the web and read through newspaper reports of the 26th, and after. I come across news reports stating the energy ministry adviser, Mahmudur Rahman, blamed a ‘small group of leftist parties without any influence whatsoever’ for orchestrating the deaths and injury to people at Phulbari. Asia Energy Bangladesh’s CEO Gary Lye’s words mirror Mahmudur Rahman’s, ‘It’s up to the government, but it would appear to us that the unforgivable events and the needless loss of life and suffering that took place in Phulbari are entirely the fault of the organisers.’


Those who campaign against the ruthless exploitative practices of trans-national mining companies say, increased investment results in human rights abuses, especially against rural communities which the companies want to dislocate and uproot. They also say that the role of the state in extractive sector governance and citizens’ protection diminishes, while its role in protecting and promoting the interests of trans-national corporations increases. One sees that happening in Phulbari, over Asia Energy’s proposed Phulbari coal project.


Mozammel member, a pourasabha member, says in defence of the project, ‘If the government wishes it, how can we prevent it from happening?’ People around him ask, ‘But why do you want the coalmine? Can you not see that it is not in the interests of the people?’ His answer is cruel and simple, ‘We are not for the people. We are for the government.’
 


The compensation story


In the Blood-Soaked Banner, a man who describes himself as a petty businessman says, ‘Yes, the coal project will bring benefits to some, to those who have built three-storey buildings in the town, those who have made plans of where to relocate, where to build new homes, the businesses that they will start, even, what kind of houses they will build for themselves.’ It will benefit those already-privileged, those who are townspeople. But not those who live off the land, those who make a living from agriculture, from day-labour, and the innumerable number of ways through which poor people make a living. In other words, the majority.


Abdul Jalil of Chouhati, Barapukuria was asked about the compensation that he had received from the government. ‘They gave it in little, little instalments, it took ages, the money dried up as I walked back and forth to collect it.’ Compensation is also tied up with land deeds and titles, a method of possession and ownership that is antagonistic to the adivasi tradition, and their claims to ancestral land. That is probably why Lawrence Tudu of Buski, Birampur says, ‘We will not leave this village, we will not leave our homestead, we will not leave the soil, if necessary, my remains will get buried under this soil.’


Poor people’s claims to compensation are entangled in bureaucracy, and in corporate controlled channels of profiteering. Corporations themselves evade responsibility and accountability as one sees in Magurcchara and Tengratila, where international oil companies have shown great reluctance to pay compensation for the miserable accidents that have occurred.


And compensation for killings? Ameen’s mother when asked said yes, I have received two lakh taka from the government, as compensation. And another twenty thousand from Sheikh Hasina, leader of the Awami League, the then opposition party (interestingly enough, it was the Awami League government that awarded the licensing agreement to Asia Energy, in 1998). But, she says, I hurt, I grieve for my son. I raised him, does compensation lessen my loss? Will money ever call out ‘ma’, or ‘baba’?
 


Democracy, a world of power


Democracy, writes historian and subaltern theorist Partha Chatterjee in his recent work, ‘The Politics of the Governed’, is no longer government of the people, by the people, and for the people. Twentieth-century techniques of governing population groups, widespread acceptance of the idea of popular sovereignty, the creation of governmental bodies that administer populations but do not provide its citizens with arenas of democratic deliberation, these conditions, says Chatterjee, give rise to democracy becoming a world of power. A world which has startling dimensions, and unwritten rules of engagement.


I see the people of Phulbari voice a collective identity, framed, at first, within the politics of electoral democracy. We have brought this government to power. How can they not do what we want? It is my vote that decides who will be the member of parliament. I elect the chairman. He must work for me, in my interests. A woman adds, what kind of a government is it that pushes us into waging movements? That destroys our peaceful lives, that takes away our sons? We want to return to our normal lives. Increasingly, people’s voices become more assertive. If the government does not value us, we will not value them either. If the government will not provide for us, we do not need this government. We do not need any government.


Amidst the strident assertiveness, a peasant’s words ring out clearly, ‘I am a khetmojur, I till the land. It is the crops I grow that feed the leaders. Am I more valuable, or they?’


Whether elected or un-elected, all governments, both leaders and state functionaries, need to be fed. They would be well-advised to listen to the voices of those who produce. After all, one cannot eat coal. Or money, either.

Urgent Appeal by World Organization against Torture: Risk of Violent Suppression of Public Opposition to the Phulbari Coal Mine Project

OMCT ACTION FILE (BGD 211207.ESCR)

BANGLADESH: RISK OF VIOLENT SUPPRESSION OF PUBLIC OPPOSITION TO THE PHULBARI COAL MINE PROJECT, DINAJPUR DISTRICT, BANGLADESH

Your action is called for to suspend the Phulbari Project until community concerns are met

OMCT is concerned that police and security forces may again employ violence to deal with public opposition to the Phulbari open-pit mining project

The International Secretariat of the World Organisation Against Torture (OMCT), on the basis of reliable information received, expresses its concern that communities affected by the proposed Phulbari open-pit coal mine in the Dinajpur District of Bangladesh, have been neither adequately consulted not fully informed regarding this significant project.[1] Estimates put the number of people affected by the mine at anything between 50,000 and 500,000, including a number of indigenous communities. Many of these affected will be forced to leave their homes and land.

A public demonstration against the mine in August 2006 saw at least five persons killed and fifty others injured by the police and personnel of the Bangladesh Rifles. OMCT expresses its serious concern that further violence, ill-treatment and even deaths may ensue if local communities again seek to give public expression to their opposition.

To prevent further human right violations, and having regard to the strong local opposition to the project, OMCT calls upon the Government of the People’s Republic of Bangladesh to instigate a thorough independent investigation into the human and environmental impact of the Phulbari coal mine project, ensuring the full and informed participation of all local communities, to make the findings of this investigation available in a public report and to abide by the recommendations of this report. It also calls for the Government to lift the restrictions on public demonstrations imposed under emergency rule and take all necessary steps to prevent future episodes of violence by police and security forces against persons defending their human rights.

OMCT calls upon GCM Resources Plc (GCM) - the company in charge of the Phulbari project - to suspend its activities in this area until this investigation has been conducted and to abide by the recommendations resulting from this investigation. It also calls upopn GMC to fully respect the land rights, resources and livelihoods of all local communities affected by any subsequent mining activity and provide fair and adequate compensation wherever appropriate.

Finally, OMCT calls upon UBS, RAB Capital and Barclays, all of which have significant financial interest in GCM, to use their influence to ensure that the company abides by the recommendations issuing from the independent investigation and to make certain that it complies fully with national laws and international human rights standards.

The Phulbari coal mine project

The Phulbari coal deposit, in the Dinajpur District of Bangladesh, was discovered during the second half of the 1990s by the Australian mining company BHP. In 1998, the Government of Bangladesh awarded the licensing agreement for mining the deposit to the Asia Energy Corporation (Bangladesh) Pty Ltd,[2] a wholly-owned subsidiary of British-registered Global Coal Management Resources Plc. (GCM). The Phulbari mine is expected to lead to a 1 per cent increase in the gross domestic product of Bangladesh over the next 30 years, bringing more that US$ 21 billion to the Bangladeshi economy.[3] The Asian Development Bank is scheduled to approve a US$100 million private sector loan and a US$200 million political risk guarantee in favour of the Phulbari project on the basis of environmental and social impact studies included in a Definitive Feasibility Study carried out since April 2004.[4]

The Phulbari project is an open-pit mine.[5] In order to access the coal seams, it is reported that between 140 and 300 metres of earth will need to be removed, affecting an area of 59 km2. In terms of the human impact of the project, there are differing views. According to estimates from GCM, the mining company involved, the project will affect approximately 50,000 people (a total of some 12,000 households), including some 2,200 indigenous people. Of this total, some 43,000 will be displaced from their homes and land by the mine. This number will be higher if the full-scale expansion plans for the mine are carried out. On the other hand, according to the National Committee to Protect Oil, Gas, Mineral Resources, Electricity and Ports, the number of people potentially affected could be as many as 470,000, including indigenous peoples belonging to Santhal, Munda and Mahali tribes, who occupy some 100 villages in Phulbari and surrounding sub-districts.[6]

In terms of the impact upon community structures, it is reported that the project will involve the closure of 50 educational institutions, including six colleges and 18 madrasas,[7] as well as 171 mosques, 13 temples and other religious establishments.[8] The mine will also have a significant environmental impact due to the considerable waste material produced in the extraction process. This in turn will have serious implications for the livelihood and, potentially, the health of local communities: the area around Phulbari is one of the most productive agricultural zones in Bangladesh, and the project will not only destroy productive farmland, but also cause the diversion of the Choto Jamuna River from its natural course. According to Professor Anu Muhammad in the Faculty of Economics at Jahangirnagar University, Bangladesh, studies in other countries have shown that rivers as far as 160km away from an open-pit mine can remain polluted for three decades as a result of the waste generated. He concludes that "in a country like Bangladesh, with hundreds of small rivers linked like a huge net, polluted water can travel long beyond the mining area."[9] Despite these concerns, on 11 September 2005, the Bangladeshi Department of Environment approved the Environmental Impact Assessment Report prepared by the Asia Energy Corporation and granted environmental clearance for the mining operation.[10]

In order to gain the consent for the project from local communities, Asia Energy reportedly distributed colour televisions, cash, cloths and blankets to affected populations.[11] Furthermore, Asia Energy also reportedly refused to be bound by the 1894 Land Acquisition Act which regulates land acquisition and/or expropriation by the Government, and demanded the adoption of special laws in order to avoid the obligation to obtain the free, prior and informed consent of the affected communities.[12]

On 31 August 2006, five days after large and violent demonstrations against the Phulbari project, the Junior Minister for Food and Relief declared that the Government had revoked all existing agreements with Asia Energy and that a moratorium had been imposed on all open-pit mining in Bangladesh. On the same day, Asia Energy declared that it had received no official communication to that effect, and that the position of the Government remained to be clarified.[13] In practice, coal mining remains an important element in Bangladesh’s development strategy: on 17 November 2007, the Coal Policy Review Committee adopted a proposal encouraging partnerships between the Government and foreign firms engaged in mining in order to promote investment in and develop of the coal sector. The Committee also suggested strengthening the existing Bureau of Mineral Development so that it could deal more efficiently with foreign companies in leasing transactions and indicated its intention to establish coal-based power plants in rural areas.[14]

Local resistance to the project and violence against protesters

“What will happen to us if we are forced to move from here? What will happen to our livelihoods? I don't want us to live like this. Our mosques and holy places and the places we were born will be destroyed. What will happen to the graveyards of our ancestors?”
75-year-old man, resident of Phulbari sub-district[15]

Resistance to the proposed Phulbari project is widespread in the areas. On 26 August 2006, an estimated 50 to 100,000 demonstrators, mainly farmers and indigenous people, protested against the project.[16] At least five demonstrators were killed and about fifty others reportedly injured and taken to hospital after the police and the Bangladesh Rifles (BDR) opened fire on demonstrators.[17] The exact death toll as a result of the shooting remains unclear, and may be as many as ten - it was reported that the BDR dumped some of the dead bodies.[18] Furthermore, the Bangaldeshi Daily Star newspaper reported that, according to eye-witnesses, BDR personnel threatened Magistrate Abdul Aziz with a gun in order to make him sign the authorization to open fire on the protesters.[19] Neither the Government nor the Asia Energy Corporation have taken any responsibility for these events.

Under the Emergency Rule declared by Bangladesh’s military government in January 2007, fundamental civil rights have been suspended and public protest banned.[20] These Emergency Rules effectively remove the possibility of the populations affected by the Phulbari mine engaging in peaceful protest, and OMCT expresses its strong concern that, should such protest nevertheless take place, they will be met with further and possibly more extreme violence on the part of the police and security forces.

Despite the violent suppression of public protest, resistance to the project remains high. On 15 December 2007, representatives of the sub-districts of Phulbari and neighbouring Birampur, Nababganj and Parbatipur wrote to the president and executive Directors of the Asian Development Bank expressing their concern that the project will “increase the poverty of the local population as well as cause environmental disaster”.[21] In this letter they claim that the social impact analysis carried out misrepresented the nature of public consultations around the project and that consultations emphasised the potential benefits of the project while failing to provide information on the negative impact. Furthermore, the community representatives express concern that only minimal information was provided in Bengali regarding the environmental impact of the project and that, to their knowledge, the environmental impact assessment has been neither translated nor summarised in the local language. They also underline that other media must be employed to communicate with a population of which approximately 60 per cent is illiterate. Additionally, they express serious concerns that land compensation and resettlement plans are insufficient to meet the losses likely to be incurred by local populations as a result of the mine, and that Asia Energy/GMC’s claim that 50,000 persons will be directly affected (and hence entitled to compensation) is a significant underestimation.

Economic Social and Cultural Rights

Bangladesh acceded to the International Covenant on Economic, Social and Cultural Rights on 5 October 1998, and consequently the Government of Bangladesh has the duty to ensure the protection, promotion and enjoyment of these rights for all its citizens. The Phulbari mine project jeopardises the human rights of thousands of people due to the mass evictions and destruction of agricultural land it will require and to the pollution that will result from the extraction activities. In particular, OMCT is concerned that the mine will seriously compromise the rights to health and to an adequate standard of living (including access to housing, land, adequate food and clean water) of those affected.[22]

OMCT also wishes to underline the comments of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Rodolfo Stavenhagen, who has expressed his concerns that the resources of indigenous communities are being appropriated and utilised, without prior consent, by powerful economic consortia, and that this “is currently one of the most controversial issues involving indigenous people, the State, and private enterprises, and often also the international financial institutions.”[23] In addition, the recent UN Declaration on Indigenous Peoples' Rights states that, “indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.”[24]

The role of financial investors

According to the information received, UBS, RAB Capital and Barclays financial institutions all have an interest in GCM, the sole owner of the Asia Energy Corporation and the Phulbari Coal Project. In particular, UBS is the second largest listed shareholder, owning 11.39% of GCM.[25]

OMCT regrets the lack of transparency demonstrated by UBS in responding to civil society queries regarding its involvement in the Phulbari project. In response to questions on its position, the Bank denied that it had any strategic interest in the company and, noting that “it does not comment on potential or specific client relations or transactions or its investments in any particular company” indicated that its purchase of GCM shares “may or may not” have been carried out on behalf of a third party or parties.[26] OMCT calls upon UBS, as a leading financial institution operating in the global market, to lead by example in establishing a more transparent system of accountability, assessing the human rights and environmental impact of potential investments and assuming responsibility for investments in activities that breach international law and violate human rights.

Requested actions: Please write to the Government of Bangladesh asking it to:

Instigate a thorough independent investigation into the human and environmental impact of the Phulbari coal mine project, ensuring the full and informed participation of all local communities. Make the findings of this investigation available in a public report (including appropriate language versions) and abide by the recommendations of this report. Request assistance from the UN Office of the High Commissioner for Human Rights to help ensure that the investigation is in conformity with international standards.

Impose a moratorium on any other open-pit mining in Bangladesh, as initially announced on 31 August 2006, until the full impact on human rights and the environment of this activity has been assessed.

Fully respect international human rights standards in any subsequent mining activity at Phulbari or elsewhere. This includes engaging in meaningful prior consultation with affected populations, ensuring that they are fully informed of the project proposals and their own rights in this regard, and providing fair and adequate compensation for loss of land, housing or livelihood where displacement is unavoidable. Ensure in all such cases an adequate and appropriate resettlement programme.
Ensure that the proposed coal policy review strictly adheres to international human rights standards and to international principles relating to forced evictions and indigenous peoples.

Lift the restrictions on public demonstrations imposed under emergency rule and take all necessary steps to prevent future episodes of violence by police and security forces against persons defending their human rights.

Please write to GCM Resources Plc asking it to:

Suspend activities in Phulbari until a thorough, independent and fully-consultative investigation into the proposed project’s human and environmental impact has been conducted and abide by the recommendations resulting from this investigation.
Fully respect the land rights, resources and livelihood of all local communities affected by any subsequent mining activity, and provide fair and adequate compensation wherever appropriate.

Take all necessary measures to minimise the environmental impact of mining activities and avoid the pollution of watercourses.

Comply fully with national laws and international human rights standards in all aspects of its activities, in particular as regards the adverse effects of these activities on indigenous and local communities. Only carry out operations subsequent to a full human rights impact assessment, and having fulfilled, inter alia, the legal requirement to engage in meaningful prior consultation with persons affected.

Please write to UBS, RAB Capital and Barclays asking them to:

Call for a thorough independent investigation into the human and environmental impact of the Phulbari coal mine project with the meaningful input of local communities.

Use their financial influence in GCM Resources Plc. to ensure that the company abides by the recommendations issuing from the independent investigation and to make certain that it complies fully with national laws and international human rights standards.

Carefully evaluate the impact of their current investments on the enjoyment of human rights around the world, and include a clear human rights impact assessment in future investment decisions. Promote greater transparency in their financial transactions.

Please write to the Asian Development Bank asking it to:

Recognise the discontent of the majority of the local population at the manner in which the preparatory phases of the Phulbari project have been conducted and insist on the production of a comprehensive human rights and environmental impact study with the full and informed participation of all local communities as a fundamental condition for financial support. Continue to monitor the human rights situation in Phulbari and surrounding sub-districts should the project be approved.

OMCT also asks the UN Special Rapporteur on the human rights and fundamental freedoms of indigenous people, the UN Special Representative on the issue of human rights and transnational corporations and other business enterprises, and the UN Special Rapporteur on adequate housing to monitor closely developments as regards the Phulbari coal mine project.

List of addresses

Government of Bangladesh and other Bangladeshi institutions

Cabinet of the Government of the Peoples’ Republic of Bangladesh,

Cabinet Division,

Building No. 1, Room No. 301,

Bangladesh Secretariat,

Dhaka-1000,

Bangladesh.

Tel.: 88-02-7162099

Fax: 88-02-7160656



Dr. Fakhruddin Ahmed,

Chief Adviser Government of the People's Republic of Bangladesh,

Office of the Chief Advisor,

Tejgaon, Dhaka,

Bangladesh.

Tel: +880 2 8828160-79, 9888677

Fax: +880 2 8113244 or 3243 or 1015 or 1490



Barrister Moinul Hossain,

Adviser, Ministry of Law, Justice & Parliamentary Affairs,

Bangladesh Secretariat,

Dhaka-1000,

Bangladesh.

Tel.: +88-02-7160627

Fax: +88-02-7168557



Mr. Mohammad Ruhul Amin,

Chief Justice,

Supreme Court of Bangladesh,

Supreme Court Building,

Ramna, Dhaka-1000

Bangladesh,

Fax: +880 2 9565058



Barrister Fida M Kamal,

Attorney General of Bangladesh,

Office of the Attorney General Supreme Court Building,

Ramna, Dhaka-1000,

Bangladesh.

Tel: +880 2 9562868

Fax: +880 2 9561568



Mr. Nur Mohammad,

Inspector General of Police (IGP),

Bangladesh Police,

Police Headquarters' Fulbaria,

Dhaka-1000

Bangladesh



Permanent Mission of the People's Republic of Bangladesh to the United Nations in Geneva, 65 rue de Lausanne,

1202 Geneva,

Switzerland,

Fax: +41 22 738 46 16,

E-mail: mission.bangladesh@ties.itu.int



Embassy of the People’s Republic of Bangladesh in Brussels,

29-31 rue J. Jordaens,

1000 Brussels,

Belgium,

Fax: +32 2 646 59 98;

E-mail: bdootbrussels@freegates.be

Please also write to the Indian Embassy in your country.



The Mining Company

GCM Resources Plc,

2nd Floor, Foxglove House,

166 – 168 Piccadilly,

London, W1J 9EF,

United Kingdom,

Tel.: + 44 (0)20 7290 1630

Fax: + 44 (0)20 7290 1631

E-mail: info@gcmplc.com



Financial Interests


Mr. Marcel Ospel,

Chairman, UBS AG,

Bahnhofstrasse 45,

8001 Zürich

Switzerland



RAB Capital,

1 Adam Street,

London, WC2N 6LE,

United Kingdom.

Te.l: 0870 702 0000

Fax: 0870 703 6101



Barclays,

1 Churchill Place,

London, E14 5HP

United Kingdom.



The Asian Development Bank


The President and Executive Directors,

Asian Development Bank,

P.O. Box 789,

0980 Manila,

Philippines.

Tel.: + 632 632 4444

Fax: + 632 636 2444

E-mail: information@adb.org



Information on action taken and follow-up

OMCT would appreciate receiving information on any action taken in relation to the matters dealt with in this Action File so that it might be shared with OMCT’s network and others interested in this issue. Please quote the code of this appeal on the cover page in contacting us. ***

Geneva, 21 December, 2007

W o r l d O r g a n i s a t i o n A g a i n s t T o r t u r e

P.O. Box 21 - 1211 Geneva 8

Switzerland

Tel.: 0041/22 809 49 39 / Fax: 0041/22 809 49 29

E-mail: omct@omct.org / Web: www.omct.org

[1] Thanks to BanglaPraxis for support in preparing this appeal.

[2] Asian Indigenous and Tribal Peoples Network, http://www.aitpn.org/IRQ/vol-I/issues-2-3/story01.htm#_ftnref4

[3]BBC News: Bangladesh coal divides region, http://news.bbc.co.uk/2/hi/business/5080386.stm

[4] See Asian Development Bank – Projects, http://www.adb.org/Documents/PIDs/39933014.asp

[5] Open-pit mines are also known as opencast mines. Both terms refer to the extraction of rocks or minerals by excavating earth to create pits rather than sinking shafts and digging tunnels.

[6] The Daily Star: Rehabilitation issue makes it a tough task, http://www.thedailystar.net/2006/08/29/d6082901159.htm

[7] the Arabic term for “schools”.

[8]The Daily Star: Rehabilitation issue makes it a tough task, http://www.thedailystar.net/2006/08/29/d6082901159.htm

[9] BBC News: Bangladesh coal divides region, http://news.bbc.co.uk/2/hi/business/5080386.stm

[10] Asian Indigenous and Tribal Peoples Network, http://www.aitpn.org/IRQ/vol-I/issues-2-3/story01.htm#_ftnref4

[11]The Daily Star: Cancellation of Phulbari Coal Project demanded, http://www.thedailystar.net/2006/08/24/d608241004111.htm

[12] Asian Indigenous and Tribal Peoples Network, http://www.aitpn.org/IRQ/vol-I/issues-2-3/story01.htm#_ftnref6

[13] Asian Indigenous and Tribal Peoples Network, http://www.aitpn.org/IRQ/vol-I/issues-2-3/story01.htm#_ftnref4

[14]Government Prime Role Recommended in Coal Mining: http://phulbariresistance.blogspot.com/2007/11/govts-prime-role-recommended-in-coal.html

[15] BBC News: Bangladesh coal divides region, http://news.bbc.co.uk/2/hi/business/5080386.stm

[16]Bangladesh News - Phulbari Coalmine Killing, 28 August 2006, http://www.bangladeshnews.com.bd/2006/08/28/phulbari-coalmine-killing-thousands-defy-ban-stage-protest/

[17]The people were identified as: Tariqul Islam (24 years-old), Ahsan Habib (35), Osman (24), Raju (8) and Chunnu. Asian Indigenous and Tribal Peoples Network, http://www.aitpn.org/IRQ/vol-I/issues-2-3/story01.htm#_ftnref4

[18]Bangladesh News: Phulbari Coalmine Killing, 28 August 2006 http://www.bangladeshnews.com.bd/2006/08/28/phulbari-coalmine-killing-thousands-defy-ban-stage-protest/

[19]The Daily Star: Magistrate forced to give firing order, http://www.thedailystar.net/2006/08/30/d6083001107.htm

[20] http://jurist.law.pitt.edu/paperchase/2007/01/bangladesh-media-restrictions-under.php

[21] see “Phulbari communities write to ADB President and Executive Directors”, http://banglapraxis.wordpress.com/2007/12/19/phulbari-communities-write-to-adb-president-and-executive-directors/

[22] The Basic Principles and Guidelines on Development-based Evictions and Displacement prepared by the Special Rapporteur on adequate housing clearly define forced evictions as a violation of human rights, Basic principles and guidelines on development-based evictions and displacement, A/HRC/4/18 5 February 2007

[23] A/HRC/4/32, 27 February 2007

http://daccessdds.un.org/doc/UNDOC/GEN/G07/110/99/PDF/G0711099.pdf?OpenElement

[24] UN Declaration on the Rights of Indigenous Peoples - Article 10, http://daccessdds.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement

[25] as of 15 November, 2007

[26] see http://www.banktrack.org/index.php?show=news&id=138

Killings in Phulbari Ignite Unstoppable Protest: Local Communities Stand Strong against Open Cut Mining

From the Archive. SEHD Report. www.sehd.org Photo: Philip Gain/SEHD

Phulbari town in Dinajpur district is burning in people’s anger and also in fire. The situation has turned from bad to worse. This is a consequence of the killing of at least five persons on 26 August during a massive protest of farmers, ethnic communities and those of the town against Asia Energy, a UK-based company. The foreign company has been exploring coal and intending to initiate an open cut mine in this northwestern corner of Bangladesh.

The demand for expulsion of the company from Phulbari and also from the country has become stronger after the killing on 26 August. The protesters set a deadline for the foreign company’s exit at 11:00 A.M. on 28 August. Given that Asia Energy’s employees were still there, the angry protesters burnt the information center of Asia Energy and ransacked its laboratory that stores samples of coal extracted from 150 drilling sites. Finding no way out, the Asia Energy staff then sealed their main office and left Phulbari in a roundabout way, viz., through Dinajpur, under police escort. The people also ransacked and burnt the houses of a number of people identified to be accomplices of Asia Energy.

The National Committee to Protect Oil, Gas, Mineral Resources, Power and Port organized the protest against the open cut mining and seize of Asia Energy’s offices. Around 50,000 protesters from villages in the mine area and those of Phulbari town took to the streets and approached the offices of Asia Energy to demonstrate their “no” to the foreign company’s attempt of open cut mining. Hundreds of paramilitary forces—BDR, police and other security agencies—heavily guarded the offices of Asia Energy. It is reportedly the BDR that opened fire on the demonstrators, killing at least five people and injuring many others. This caused uproar among the protesters.

This is an unprecedented scenario at a time when Bangladesh is hoping for a major step forward in the mining industry and attracting Foreign Direct Investing (FDI). But the trouble has grown out of the method of mining, viz., open cut, requiring massive relocation of people. People in the mine footprint are dead against the open cut mining although the company has always set aside peoples’ discontent.

On 26 August the protesters including ethnic communities assembled at the Dhaka Morh (circle), the entrance of the Phulbari town. They had sticks in their hands. The Santals joined with their drums, bows and arrows. Led by the leaders of the National Committee to Protect Oil, Gas, Mineral Resources, Power and Port, the protesters began their march towards the offices of Asia Energy at about 3:30 P.M. On the way to the main office of the company, some stones were thrown at Asia Energy’s information center that is located in the middle of the town. The main part of the Phulbari town lies on the east side of Chhoto Jamuna river with a small bridge over it. The security forces put barricades at the bridge site. The leaders of the national committee talked to Upazila Nirbahi Officer (UNO), who according to Prof. Anu Muhammad, gave his words to move the Asia Energy out of the town.

According to eyewitness some protesters crossed the river. A rally also approached from the western side of the river. The protesters on the western side of the river actually came under massive gunshots from the BDR and teargas shells from the police. The bloodshed led to a seemingly unstoppable protest leading to a continued strike in Phulbari and the burning of houses of beneficiaries or accomplices of Asia Energy.

The home minister has asked for inquiry into the causes of peoples’ discontent in Phulbari. Newspapers on 27 August reported Asia Energy’s Chief Officer Mr. Garry Lye’s statement: “It is most unfortunate that unrepresentative outsiders have come to cause trouble in our community”. Actually Lye pointed his finger at the organizers of the protest and seize program. Condemning what Lye says about the organizers, Md. Khorshed Alam Moti, the joint convener of the Phulbari Raksha Committee, said to this writer: “The people of Phulbari and others of the mine area spontaneously participated in the protest program on 26 August. No outsider came to Phulbari to cause trouble. We want to get rid of Asia Energy. We want Asia Energy’s immediate expulsion from our land.”

What has been happening in Phulbari is tragic and it is important that all concerned honestly look into the factors that has led to this catastrophic situation.

The project

An Australian company, BPH, started the coal exploration in Phulbari area. The Bangladesh government signed a contract with BPH through an open tender. In 1998, the contract was transferred to Asia Energy. Asia Energy, after estimation of coal reserve, has submitted to the government a plan of operation. The government has already granted environment clearance to the company.

According to Asia Energy, 5,900 hectares or 59 sq. km. land area is required for the mine. The area covers more than a hundred villages of seven unions in four Upazilas—Phulbari, Birampur, Nawabganj and Parbatipur—and part of Phulbari Sadar Upazila, under Dinajpur district. Thousands of acres of cropland fall within its boundaries.

The area of Phulbari Thana Sadar that falls within the project area has brick-built houses, schools, colleges, tarmacked roads, railroads, business facilities and so forth. Outside the township lie vast crop fields, forest patches and plantations. Beneath the expanse of beautiful landscapes lies the 38m thick (on an average) coal fossilised over 270 million years. According to Asia Energy the coal reserve in this mine is 572 million tons. The company believes, if explored, more coal will be traced in the south of the present mine.

Who benefit and who lose from open pit mining?

Appointed by Asia Energy, GHD, an international organisation, prepared a report for the company that claims Bangladesh will receive benefits worth US$21 billion over the 30 years of the mine's lifetime. Of this, US$7.8 billion will come as a direct benefit and US$ 13.7 billion, as indirect or multiplier benefits. The mine itself and the coal-fired plant for production of electricity will contribute one percent per annum to the GDP of the country.

The inhabitants of the mine area complain that people living in other parts of the country do not realize their plight, nor do they foresee the disaster the open pit mining is likely to cause to this region.

"We heard there is a coal deposit in this area. But the people engaged by Asia Energy did not let us know that the method for mining would be open cut, which necessitates eviction and destruction of our houses, schools, colleges and all other establishments in the mine footprint. All of us, irrespective of party affiliations, are against it," said Md. Khurshid Alam Moti, leader of the Phulbari Raksha Committee. He is also the principal of Phulbari Women's Degree College and chairman of Bangladesh Nationalist Party (BNP) in Phulbari.

According to Asia Energy that is in contract with Bangladesh government for exploration of coal, 40,000 people need to be relocated from the mine footprint. But according to Phulbari Raksha Committee that is composed of people from all parties at the local level contend the company’s estimate. “We understand that about 150,000 people of the mine area will be directly affected and 200,000 to 250,000 would be affected indirectly,” said Moti.

Nima Banik, a lecturer at Phulbari Women's Degree College says, "No matter wherever we are put, if we get evicted from our homes, we will lose our traditions, social organization and businesses. These losses are beyond compensation. Moreover, we do not trust Asia Energy. Its estimate is unfounded."

M. Anwarul Islam, Asia Energy's general manager (environment and community) disagreed and said, "We have always mentioned the idea of open pit. In Phulbari, there is no other option." According to the company all the damages will be compensated and the condition of the inhabitants of the mine area will be better than before. However, the aura of distrust and the demand of the locals is clear: "We do not want open pit mining." From June 2005 the Phulbari Raksha Committee has been organising processions and meetings every Saturday in Phulbari in protest against it.

Asia Energy claims that Bangladesh has no risk in the Phulbari mine project. The company claims that Bangladesh will receive half of the total profit accrued from the mining operation. The profit includes 6 percent royalty, 45 percent corporate tax and 2.5 percent import duty. The other gains of Bangladesh as the company mentions will be "a new source of energy for the country, a new commodity for export, new industries, employment opportunities, regional development, poverty alleviation, growth of nascent industry, new rail and port infrastructure."

Professor Anu Muhammad's fear is: "It is Bangladesh where the coal has been found; and a foreign company will become its owner. There is no proper way to measure the actual benefit of Bangladesh and the price it would have to pay for it. What becomes clear is Bangladesh will have to buy its own coal from the company at an international price."

Impacts on environment

A serious concern of open pit mining is its environmental impacts. The method requires the mine area to be completely dewatered so that the hollow of the mine does not get immersed in water. Not an easy task. Large pumps are required to suck out underground water around the mine round-the-clock during the entire lifetime of the project. The impact on the already dry Barind Tract is obvious. Water level runs lower in Barind Tract during dry season and make it difficult for the tubewells to draw water. When dewatering starts for the mining, the shallow and deep tubewells will not draw enough water for farmers in the larger area near the mine.

Asia Energy's solution is to distribute the water pumped out among the farmers. It is an open question if the water distribution would be even-handed. The government and non-government organizations have been trying many options including tree plantation for many years now to prevent desertification in north Bengal. If dewatering in the mining area hastens the desertification process, pouring water above the ground remains a doubtful viable option for agricultural sustainability.

According to Asia Energy sources the average thickness of coal's layer in Phulbari is 38m. In order to reach the layer of the coal, overburden between 150 and 250m needs to be removed, leaving a thousand-foot deep hollow. Once used up, the hollow will be filled with earth and a new area will be dug out. The area filled up does not become useful in many years. According to a high official in Asia Energy, topsoil will be removed and preserved once the mining operation begins in a particular block. Topsoil will be brought back and spread on the top of the area filled in. But no one can say when the land becomes cultivable again. The other question is: will the company fill the hollow with the same care as it is done in the developed countries? Non-compliance of existing laws is a common practice in Bangladesh.

At the final stage of the mining operation, in about 30 years after the operation begins, Bangladesh will get a huge lake that according to the company will be filled up with fresh water providing a big source of water, fishery and recreation. But mining experts warn that the final hollow, after 30 years of digging and other activities, will contain toxic substances. It may not be realistic to envision this polluted lake becoming a source of fresh water.

Handling the other forms of environment pollution is also a challenge. There will be routine dynamite explosion inside the mine to break the rocks and the coal. Heavy machinery will be set up in and outside the mine. Heavy 240-ton trucks and trains will carry the coal causing noise pollution. Coal dust will be a major source of air pollution. If the enormous amount of polluted water generated from washing of the coal is not properly treated before it is dumped into surrounding water bodies, it will kill fish and other forms of life. Further, the earth through such deep digging and many types of pollution will lose all its micro-organisms. Air pollution from burning of coal to produce electricity is a big concern. Air polluting agents such as sulphur dioxide, nitrogen oxide, volatile organic compounds (VOC), mercury, lead, cadmium, chromium, and arsenic will contaminate earth, water, plants and animals.

Eliminating pollutants is extremely difficult. Asia Energy expects to keep the pollution within a tolerable level. However, there is a fear that the company will not adopt adequate measures to mitigate pollution because these involve much effort and cash.

Transportation of the coal is another concern. In order for marketing, the coal will be carried to the deep seaport through the Sundarbans. New seaport and railroads need to be built for this. On the positive end, this will create employment and bring in revenue, but it also adversely affects the environment of the Sundarbans (the largest mangrove forest on earth). The noise and water pollution created by the Mongla Port has already become a threat to the animals, plants and other life forms in the mangrove forest. The added transportation over the 30 years of the mine's lifetime will increase threats to the Sundarbans.

The environment and social impact assessment (EIA and SIA) of the Phulbari Coal Project has already been carried out and approved by the Department of Environment of Bangladesh government. Three hundred consultants of several international and national companies, some Bangladeshi environmental organizations and individuals have done the EIA and SIA. They have produced 2,600-page reports after 18 months of work. This is where many question if the EIA and SIA commissioned by the same company that will extract the coal have been impartial. Asia Energy claims it will do all that is needed for the protection of environment and social harmony.

Although the people of mine area and their supporters stand against the open pit project, they are not against extraction of the coal in general. Their understanding is that the ownership of the coal and fate of the affected people just cannot be handed down to a foreign company. They suggest waiting until the country develops its own mining expertise and technology. "We may give our consent when the country will be able to mine the coal resource with our own technology," said Principal Moti. There are many others whose voices join with Principal Moti's.

Asia Energy had turned down the demand of the Phulbari people to wait until Bangladesh builds its own expertise and mining technology. It says that by the time Bangladesh has it own mining expertise and resources, the fossil fuel may not be required any longer. The company claims that it is high time to extract the coal. Now the local communities have contested the company with their blood.

Looking ahead

The past week has been a week of violence, expression of anger and mistrust of the people of Phulbari town and the mine area. All that has happened there has shaken the whole nation. The whole world has also looked at Bangladesh with concern and curiosity. It is difficult to predict how Phulbari will return to normal life. Application of the state security forces against the people has caused uproar in their minds. They send a very strong message to the state agencies and the company that it is their land that contains 270 million year old coal. It is them who decide if the resource is to be shared in the best interest of the community and the nation. It is the state that must protect the land and the communities. It was certainly a fatal mistake to attempt to resolve a serious human problem with bullets and teargas. If the state of Bangladesh is really for the people, its functionaries must bow before the people’s power and salute their courage. If that happens, it will be a step forward for providing political protection to those who need it most.

Phulbari, Asia Energy and Grassroots Revolt

Phulbari, Asia Energy and Grassroots Revolt, SEHD Report
www.sehd.org

In the last week of August 2006, an unbelieving nation watched, with increasing concern, tragedy unfold in a coal-rich area of Dinajpur. Popular protests against the Asia Energy Project had resulted in firing by the BDR on citizens, leaving at least three dead and more than two hundred injured. In this report Philip Gain looks at the issue and explains the background to the crisis.

The grassroots revolt in Phulbari against the open-cut mining plan of Asia Energy, a British company, seemed like an unstoppable inferno. The anger of the local people was real. They took to the streets of Phulbari town in thousands on 26 August 2006. It was an unprecedented scene. An estimated 50,000 farmers, laborers, members of ethnic communities, teachers, students, politicians—most of them from the mine area—assembled in the Phulbari town to tell the foreign company that it must vacate their land and sacred places. They would rather die than allow the company to open up their land for coal that would require relocation of a huge population.

The protesters had just sticks in their hands. The Santals (the largest ethnic community in North Bengal) joined with their drums, bows and arrows. The National Committee to Protect Oil, Gas, Mineral Resources, Power and Port organized the massive protest event. The protesters began their march towards the offices of Asia Energy at about 3:30 P.M. without understanding that the worst was waiting.

As the massive rally reached the Chhoto Jamuna river, they were stopped by barricades set by the security forces. While the main part of Phulbari town is located on the east of the river with a small bridge over it, the head office of Asia Energy and its warehouse are located on the other side. The barricades were set to stop the protesters from going near the company’s head office. The leaders of the national committee talked to the Upazila Nirbahi Officer (UNO), who according to Prof. Anu Muhammad, the member secretary of the committee, gave his word to move Asia Energy out of the town.

This was not the end of the day! As Prof. Anu Muhammad and other leaders of the national committee went back, some protesters crossed the river as reported by eyewitnesses. A rally also approached from the western side of the river. The protesters on the western side of the river suddenly came under massive gunfire from the BDR and teargas shells from the police. At least three people (the missing two are believed dead) were killed and more than two hundred were wounded. The bloodshed led to a seemingly unstoppable protest leading to a continued strike in Phulbari. The demand for expulsion of the company from Phulbari and also from the country became stronger. The protesters set the deadline for the foreign company’s exit at 11:00 A.M. on 28 August. Given that Asia Energy’s employees were still there, the angry protesters burnt the information center of Asia Energy and ransacked its laboratory (warehouse) that stored samples of coal extracted from 150 drilling sites. Finding no way out, the Asia Energy staff then sealed their main office and left Phulbari in a roundabout way, viz., through Dinajpur, under police escort. The people also ransacked and burnt the houses of a number of people identified to be accomplices of Asia Energy.

It was on the fourth day [August 30, 2006] of the continued strike that the Government, in a dramatic turn, submitted to the Phulbari protesters and agreed to meet all six of their demands. Foremost of the demands are to expel Asia Energy from four Upzilas including Phulbari and the country. The government also agreed not to opt for open-cut mining in four Upazilas including Phulbari and any other part of Bangladesh.

The agreement was reached in a meeting at Parbatipur Upazila, neighboring Phulbari and one of four Upazilas in the mine footprint. Rajshahi City Corporation Mayor Mr. Mizanur Rahman Minu signed the deal on behalf of the government while Prof. Anu Mohammed signed it on behalf of the National Committee to Protect Oil, Gas, Mineral Resources, Power and Port. In accordance with the agreement, the national committee representing the protesters ended the strike and other protest programs. The government conceded to compensate the families of those killed and pay the medical expenses of those wounded. A sum of Taka two lacs was sanctioned to each of the families of the 26 August killings and Taka nine lacs for the treatment of those injured and damages caused in the ransack of hotel, restaurant, houses, etc. The government also gave its word to drop cases filed against the protesters and reinforce inquiries into the killings of August 26 and the alleged hiding of corpses. The government was also to cease from harassing and filing any new cases against the protesters.

While the people became jubilant in Phulbari and quiet for the time being, full implementation of the agreement between the National Committee to Protect Oil, Gas, Mineral Resources, Power and Port and the government seems to be the hardest part of the episode. The initiative to strike a deal with the protesters is reported to be a matter handled solely by the prime minister’s office. The energy adviser and the concerned ministry reportedly know nothing officially about the government deal with the Phulbari protesters.

According to the agreement between the government and the national committee, the government was to terminate the contract with Asia Energy within one month from the date of signing it. However, according to Prof. Anu Muhammad the agreement has not been implemented to date. In the mean time, the company (Asia Energy PLC) has changed its name to Global Coal Management PLC (in the second week of January 2007) although the company’s Bangladesh subsidiary’s name would reportedly remain unchanged.

What has happened in Phulbari is tragic and it is important that all concerned honestly look into the factors that had led to this catastrophic situation.


The Project

An Australian company, BPH, started coal exploration in the Phulbari area. The Bangladesh government signed a contract with BPH through an open tender. In 1998, the contract was transferred to Asia Energy. Asia Energy, after estimating the coal reserve, submitted to the government a plan of operation. The government has already granted environment clearance to the company.

According to Asia Energy, 5,900 hectares or 59 sq. km. land area is required for the mine. The area covers more than a hundred villages of seven unions in four Upazilas—Phulbari, Birampur, Nawabganj and Parbatipur—and part of Phulbari Sadar Upazila, under Dinajpur district. Thousands of acres of cropland fall within its boundaries.

The area of Phulbari Thana Sadar that falls within the project area has brick-built houses, schools, colleges, tarmacked roads, railroads, business facilities and so forth. Outside the township lie vast crop fields, forest patches and plantations. Beneath the expanse of beautiful landscapes lies the 38m thick (on average) coal fossilised over 270 million years. According to Asia Energy the coal reserve in this mine is 572 million tons. The company believes, if explored, more coal will be traced south of the present mine.

Who Benefit and Who Lose?

Appointed by Asia Energy, GHD, an international organisation, prepared a report for the company that claims Bangladesh will receive benefits worth US$21 billion over the 30 years of the mine’s lifetime. Of this, US$7.8 billion will come as a direct benefit and US$ 13.7 billion, as indirect or multiplier benefits. The mine itself and the coal-fired plant for production of electricity will contribute one percent per annum to the GDP of the country.

How dependable is this estimate of Asia Energy? Economist Prof. Anu Muhammad, in an interview with Sangbad, a vernacular daily newspaper, contended: “This evaluation of the mine project is a kind of deception. It only shows how Bangladesh will benefit from the investment of Asia Energy and suppresses the extent of damage it would cause. This is actually a sham on Asia Energy’s part because it intends to cover up the questions about its activities that have already been raised.” The inhabitants of the mine area complain that people living in other parts of the country do not realize their plight, nor do they foresee the disaster the open pit mining is likely to cause to this region.

“We heard there is a coal deposit in this area. But the people engaged by Asia Energy did not let us know that the method for mining would be open cut, which necessitates eviction and destruction of our houses, schools, colleges and all other establishments in the mine footprint. All of us, irrespective of party affiliations, are against it,” said Md. Khurshid Alam Moti, leader of the Phulbari Raksha (protection) Committee. He is also the principal of Phulbari Women’s Degree College and chairman of Bangladesh Nationalist Party (BNP) in Phulbari.

According to Asia Energy that is in contract with the Bangladesh government for exploration of coal, 40,000 people need to be relocated from the mine footprint. But the Phulbari Raksha Committee that is composed of people from all parties at the local level contends the company’s estimate. “We understand that about 150,000 people of the mine area will be directly affected and 200,000 to 250,000 will be affected indirectly,” said Moti.

Nima Banik, a lecturer at Phulbari Women’s Degree College says, “No matter wherever we are put, if we get evicted from our homes, we will lose our traditions, social organization and businesses. These losses are beyond compensation. Moreover, we do not trust Asia Energy. Its estimate is unfounded.”

M. Anwarul Islam, Asia Energy’s general manager (environment and community) disagreed and said, “We have always mentioned the idea of open pit. In Phulbari, there is no other option.”

According to the company all the damages will be compensated and the condition of the inhabitants of the mine area will be better than before. However, the aura of distrust and the demand of the locals is clear: “We do not want open pit mining.” From June 2005 the Phulbari Raksha Committee has been organising processions and meetings every Saturday in Phulbari in protest against it.

Asia Energy claims that Bangladesh has no risk in the Phulbari mine project. The company claims that Bangladesh will receive half of the total profit accrued from the mining operation. The profit includes 6 percent royalty, 45 percent corporate tax and 2.5 percent import duty. The other gains of Bangladesh as the company mentions will be “a new source of energy for the country, a new commodity for export, new industries, employment opportunities, regional development, poverty alleviation, growth of nascent industry, new rail and port infrastructure.”

Professor Anu Muhammad’s fear is: “It is Bangladesh where the coal has been found; and a foreign company will become its owner. There is no proper way to measure the actual benefit of Bangladesh and the price it would have to pay for it. What becomes clear is Bangladesh will have to buy its own coal from the company at an international price.”

Impacts on Environment

A serious concern of open pit mining is its environmental impacts. The method requires the mine area to be completely dewatered so that the hollow of the mine does not get immersed in water. Not an easy task. Large pumps are required to suck out underground water around the mine round-the-clock during the entire lifetime of the project. The impact on the already dry Barind Tract is obvious. Water level runs lower in the Barind Tract the during dry season and makes it difficult for the tubewells to draw water. When dewatering for the mining starts, the shallow and deep tubewells will not draw enough water for farmers in the larger area near the mine.

Asia Energy’s solution is to distribute the water pumped out among the farmers. It is an open question if the water distribution will be even-handed. The government and non-government organizations have been trying many options including tree plantation for many years now to prevent desertification in north Bengal. If dewatering in the mining area hastens the desertification process, pouring water above the ground remains a doubtful viable option for agricultural sustainability.

According to Asia Energy sources the average thickness of the coal layer in Phulbari is 38m. In order to reach the layer of coal, overburden between 150 and 250m needs to be removed, leaving a thousand-foot deep hollow. Once used up, the hollow will be filled with earth and a new area will be dug out. The area filled up does not become useful for many years. According to a high official in Asia Energy, topsoil will be removed and preserved once the mining operation begins in a particular block. Topsoil will be brought back and spread on the top of the area filled in. But no one can say when the land becomes cultivable again. The other question is: will the company fill the hollow with the same care as is done in developed countries? Non-compliance of existing laws is a common practice in Bangladesh.

At the final stage of the mining operation, about 30 years after the operation begins, Bangladesh will get a huge lake that according to the company will be filled up with fresh water providing a big source of water, fishery and recreation. But mining experts warn that the final hollow, after 30 years of digging and other activities, will contain toxic substances. It may not be realistic to envision this polluted lake becoming a source of fresh water.

Handling the other forms of environment pollution is also a challenge. There will be routine dynamite explosion inside the mine to break the rocks and the coal. Heavy machinery will be set up in and outside the mine. Heavy 240-ton trucks and trains will carry the coal causing noise pollution. Coal dust will be a major source of air pollution. If the enormous amount of polluted water generated from washing the coal is not properly treated before it is dumped into surrounding water bodies, it will kill fish and other forms of life. Further, the earth through such deep digging and many types of pollution will lose all its micro-organisms. Air pollution from burning coal to produce electricity is a big concern. Air polluting agents such as sulphur dioxide, nitrogen oxide, volatile organic compounds (VOC), mercury, lead, cadmium, chromium, and arsenic will contaminate earth, water, plants and animals.

Eliminating pollutants is extremely difficult. Asia Energy expects to keep the pollution within a tolerable level. However, there is a fear that the company will not adopt adequate measures to mitigate pollution because these involve much effort and cash.

Transportation of the coal is another concern. In order to market, it will be carried to the deep seaport through the Sundarbans. New seaport and railroads need to be built for this. On the positive end, this will create employment and bring in revenue, but it also adversely affects the environment of the Sundarbans (the largest mangrove forest on earth). The noise and water pollution created by the Mongla Port has already become a threat to the animals, plants and other life forms in the mangrove forest. The added transportation over the 30 years of the mine’s lifetime will increase threats to the Sundarbans. The environmental and social impact assessment (EIA and SIA) of the Phulbari Coal Project has already been carried out and approved by the Department of Environment of Bangladesh government. Three hundred consultants from several international and national companies, some Bangladeshi environmental organizations and individuals have done the EIA and SIA. They have produced 2,600-page reports after 18 months of work. This is where many question if the EIA and SIA commissioned by the same company that will extract the coal have been impartial. Asia Energy claims it will do all that is needed for the protection of environment and social harmony.

Although the people of the mine area and their supporters stand against the open pit project, they are not against extraction of the coal in general. Their understanding is that the ownership of the coal and the fate of the affected people just cannot be handed down to a foreign company. They suggest waiting until the country develops its own mining expertise and technology. “We may give our consent when the country will be able to mine the coal resource with our own technology,” said Principal Moti. There are many others whose voices join Principal Moti’s.

Asia Energy had turned down the demand of the Phulbari people to wait until Bangladesh built its own expertise and mining technology. It says that by the time Bangladesh has its own mining expertise and resources, the fossil fuel may not be required any longer. The company claims that it is high time to extract the coal. Now the local communities have contested the company with their blood.

Looking Ahead

All that has happened in Phulbari—violence, expression of anger and mistrust of the local communities about Asia Energy—has shaken the whole nation. The whole world has also looked at Bangladesh with concern and curiosity. For now Phulbari has retuned to normal life. But the fear still persists. Application of the state security forces against the people has caused an uproar in their minds. They have sent a very strong message to the state agencies and the company that it is their land that contains 270 million year old coal. It is them who decide if the resource is to be shared in the best interest of the community and the nation. It is the state that must protect the land and the communities. It was certainly a fatal mistake to attempt to resolve a serious human problem with bullets and teargas. If the state of Bangladesh is really for the people, its functionaries must stay bowed before the people’s power and respect the commitments that they have made to their representatives. If that happens, it will be a step forward for providing political protection to those who need it most.

COMAPANIES AND INDIVIDUALS PROVIDING SPECIALIST INPUTS TO THE EIA

SMEC International Pty Ltd, Australia: Project management, social impact assessment, resettlement planning, environmental monitoring, surface water hydrology, hydraulic modelling, GIS, air quality, noise, rehabilitation, water quality, traffic, town planning, the environmental management plan, EIA/SIA reporting.

GHD Pty Ltd, Australia: Resource evaluation, geotechnics, hydrogeology, local and regional infrastructure and transport, data management, geophysics, river diversion studies.

Mine Consult Pty Ltd, Australia: Mine design and mine scheduling.

QCC Ltd, Australia: Coal quality, coal treatment plant.

Coffey Geosciences Pty Ltd: Water management, mine water balance.

Centre for Environmental and Geographic Information Services (CEGIS), Bangladesh: GIS database, surveying, field hydrology instrumentation and data collection.

Nature Conservation Management (NACOM), Bangladesh: Dry and wet season ecological database and biodiversity field assessments.

Bangladesh Atomic Energy Commission (BAEC): Airborne particulate matter sample analysis, quality assurance auditing, geophysical borehole logging.

Bangladesh Centre for Advanced Studies (BCAS): Resettlement surveys.

Health Promotions Limited: Health impact assessment.

Institute of Water Modelling (IWM), Bangladesh: Regional surface water modeling.

The World Conservation Union (IUCN): Legislative and policy advice, peer review of biodiversity study.

Dr. M.K.Ahmed, Dhaka University: Arsenic in groundwater assessment.

Dr. N.Kamal & K.Z. Ashan, Independent University: Demographics.

Mr. Mannan, Independent University: Anthropology, ethnic minorities.

Professor M Hoque, Jahangirnagar University: Archaeology, historical sites.

Dr. Amin, Hazi Danesh Science & Technology University, Dinajpur: Soil science and agriculture.

Professor SMM Rahman, Dhaka University: Socio-economics.

Dr. Zaman, Canada: Resettlement.

Dr. Chris Johansen: Agriculture, land utilisation, rehabilitation.

Bangladesh University of Engineering and Technology (BUET): Water quality testing.

ALS Environmental Laboratories, Brisbane, Australia: Water quality testing.

International Centre for Diarrhoeal Disease Research, Bangladesh (ICDDR,B): Bacteriological and arsenic testing.

Source: Environmental Impact Assessment, Phulbari Coal Project, Asia Energy, June 2005

PHULBARI COAL PROJECT : SOME BASICS
[According to Asia Energy, 2006]

• Project Proponent: Asia Energy Corporation (Bangladesh) Pty Ltd. the Bangladesh subsidiary of UK based Asia Energy PLC.

• Product: Bituminous coal (high calorific value, low ash, low sulphur)—both thermal and metallurgical.

• Estimated Coal Deposit: 572 million tons some 150-250 meters beneath the surface.

• Co-Product: Clay, Sand, Gravel, Kaolin, Water.

• Total Coal Resource: 572 million tones (could be higher still with further drilling in the south).

• Export/Local consumption: Coal will be both exported and consumed domestically. Export will be mostly through Khulna and Akram Point in partnership with Bangladesh Railway and Mongla Port Authority.

• Project life: More than 30 years.

• Project timeframe: Dewatering is due to start in 2006, physical mine development in 2007 and first production of coal in 2008.

• Project area: 7 Unions and 1 Municipality in 4 Upazilas of Phulbari, Birampur, Nawabganj and Parbatipur in the district of Dinajpur.

• Total land area required for the Project: About 5,900 hectares over the life of the mine.

Remembering August 26, 2006: In Phulbari lives the spirit of liberty

In Phulbari lives the spirit of liberty
The Daily NewAge, March 26, 2007. Dhaka, Bangladesh

The essence of liberty is found in the right to express one’s opinion freely, the right to associate freely and the right to express solidarity with a movement that stands up for one’s rights. The people of Phulbari exercised that right of theirs to conduct a democratic campaign that built up informed public opinion to collectively reject a proposal that they felt were contrary to their interests. Their efforts succeeded, and they proved once again that that the spirit of liberty lives on with the people more than 36 years after the day Bangladesh declared its own independence, writes Tanim Ahmed.

The sleepy town of a nondescript sub-district of northern Bangladesh had become a scene of a large rally of some 70,000 people according to the locals. They came from almost all unions of four adjacent sub-districts, Phulbari, Parbatipur, Birampur and Nawabganj, that would be affected by an open pit coal mine proposed by a little known yet much hyped UK-based mining company, Asia Energy.

An open pit mine would mean dislocation of over 100,000 people—50,000 people according to Asia Energy’s own estimates—including Santals and Mundas—some 2,000 according to Asia Energy. The pit would also gobble up hundreds of graves, places of worship and archaeological sites. The pit and other structures of the coal mine would take up some 5,200 hectares and affect upto 17,000 hectares, almost the size of Sylhet city. The project would add some $700 million to Bangladesh’s economy and generate permanent employment for some 1,100 people. This, the local populace, being the rightful owners of all mineral resources in the area as stipulated by the constitution, decided was just not good enough. They would not let the coal mine project proceed.

On August 26, 2006, the people had come to lay siege on the local offices of the company as a token of protest against the project it had proposed. Even the organisers agree that they had not apprehended it would turn out to be so bloody as it did. In fact many of them perceived it as another statement of protest, as another step towards an eventual showdown, if it ever came to that. As it turned out the Bangladesh Rifles, opened fire on the reasonably peaceful assembly as they approached a bridge over a kilometre away from the site of their siege programme, leaving three killed. The paramilitary forces also charged batons on the rally wounding many. The gunfire had wounded another three critically.

The little town galvanised into a battlefield as the law enforcers foolishly sparked their wrath. The government was compelled to compromise and back down within another four days and an agreement meeting the demands of the people was reached.

As many have pointed out, this movement was not a one-off event but a culmination of a gradual democratic campaign building up informed public opinion across the four sub-districts that would be affected by the coal mine directly—areas that would be swallowed by the open pit over almost 13,000 acres. This campaign had begun much over a year before the law enforcers fired upon the public gathering, almost as soon as Asia Energy began its public activities following their initial survey of assets.

The process
The people of Phulbari took note of the activities of a foreign company sometime in early 2005. There were surveyors noting the number of livestock and poultry of individuals and households, as well as their land. Apparently the people would be given a considerably high amount of money for their land, homestead and livestock. Soon information got around that the UK-based mining company, was looking to set up an open pit coal mine in the area. The implications of a large coal mine were still vague to the conscious quarters of Phulbari when the Phulbari Community Council was established with the assistance of an engineer living abroad in England. It was convened by a former lawmaker of the Jatiya Party, Mohammad Shoeb. The community council never gained much of a currency and was soon overtaken by the Phulbari Protection Committee. It had been decided that the Phulbari municipality chairman would be the convener while the joint convener would be the head of the ruling party’s Phulbari unit. This committee involved all sections of the people including the professional bodies of labourers and workers in Phulbari. While the leftist political parties—Gana Front, Workers Party of Bangladesh and the Communist Party of Bangladesh—were involved at the institutional level, the mainstream parties stayed away although people from those parties were involved in their individual capacities. This was in February 2005.

The leaders of the protection committee began to meet and have internal discussions regarding their course of action and how they would approach the issue. Within almost a month, volunteers began to contact outlying villages in Phulbari as well as other sub-districts. Initially the local leaders of the unions and villages would be contacted for discussions in a bid to convince the local leadership that the mine would be disastrous. The volunteers, activists of the protection committee, pointed out the implications of an open pit coal mine. It also helped since the municipality chairman and the ruling party’s local head were heading the movement at that time.

Following the initial discussion, there would be public campaigns beginning with small group meetings at homesteads or public meetings at local market places. There were also village and union-level committees of the protection committee that would continue with the campaign locally. While public support grew gradually there were also campaigners trying to thwart the activities opposing the open pit mine. Local union members or chairmen, promised with lucrative benefits by representatives of Asia Energy would apparently discourage the locals from taking part in the meetings.

The Phulbari Protection Committee began to bring out a weekly procession within a few months of their public campaign as another tool to increase awareness and build public opinion. It would begin immediately after the evening prayers on Saturday and continue for a good hour or more when the procession made several rounds around the thoroughfares of the town. They would end with public speeches by the organizers. From the very beginning, the procession regularly had about 2,000 participants and often exceeded that. Apparently shops on the main streets would pull down their shutters and suspend business for the hour.

There was a general feeling that the movement had to be strengthened to force the government to speak to the local populace directly. A human chain was organised on July 9, 2005 that turned out to be three kilometres long. A general strike was also called under the banner of the protection committee on August 30, 2005. Only long route buses were allowed to pass through the township. Not a single shop remained open that day and the law enforcement personnel on duty that day could not find a place to drink water, let alone buy food. The success of the programmes were quite demonstrative of the popular support behind the movement. And with each of these programmes, the movement gathered even more support and built even stronger public opinion.

As the movement grew, based on its public support, and gained momentum so did the cracks within the protection committee. Mainstream political leaders and municipality commissioners of Phulbari proposed that the procession be taken out only once in two weeks and later, only once a month. They vocally opposed proposals for tougher programmes and stronger movement.

There was a general sense of apprehension that those representing the establishment might eventually back out when it would really matter for personal gains. Some of them kept insisting that they would use the movement to demand district status for Phulbari and thus the land acquired for the coal mine would be worth much more, which did not go down well since it actually endorsed the open pit coal mine in the area.

Activists initiated contact with, what is now, the National Committee for the Protection of Oil, Gas, Mineral Resources and, Power and Port for leadership. The local chapter of the ‘oil-gas committee’, as it is called locally, was established in September 2005 but activities continued under the banner of the protection committee, ‘so as not to confuse the people’ and divide the forces into two initiatives.

Most of the left leaning politicians, professional bodies as well as general citizens were part of the new initiative and joined it formally. The oil-gas committee also included farmers’ associations, ethnic minority communities—namely Santals and Mundas—and most labour and workers’ associations formally except the bus drivers’ association, which opposed the movement under the leadership of individuals that sought to gain from deals with Asia Energy. This did not go down well with the protection committee, and at one point there were even questions whether the protection committee would ‘endorse’ the oil-gas committee.

It was soon after the establishment of the oil-gas committee that the Department of Environment gave Asia Energy clearance for its proposed open pit mine, which also enjoyed the endorsement of the Upazila Nirbahi Officers (administrative heads of the sub-districts) of the four upazilas. Later, Phulbari withdrew its endorsement through a formal letter.
The National Committee for the Protection of Oil, Gas, Mineral Resources and, Power and Port organised a round table discussion in Dhaka on the coal mine in mid-October and later published a booklet in early November 2005.
It was also at this time that the students of Phulbari, living in Dhaka, organised themselves and set up another platform to resist the Phulbari coal mine. This platform organised several events at Phulbari and Dhaka. Among them was a rally of students and teachers at Phulbari in November that year, which turned out to be a large public rally.

By the beginning of 2006, public opinion was strongly against the open pit coal mine and when in January 2006, a 12-member expert team from the Bangladesh University of Engineering and Technology visited Barapukuria area close to Phulbari, there was a spontaneous gathering of thousands of people who ended up burning a motorbike of the local ‘collaborators’ who had supported Asia Energy’s proposal.

The oil-gas committee gained acceptance with each programme it organised while the protection committee faded as it kept backing out of programmes and maintained a low profile. The protection committee lost all credibility around February when several leaders came to Dhaka to attend the Bishwa Ijtema and met officials of Asia Energy. While it is unclear about what went on between the parties, people point out that the protection committee became even more allergic to action programmes and were visibly out to thwart the movement. The other activists abandoned any hope they had about the protection committee and went ahead with the programmes singularly under the banner of the oil-gas committee.

Between March 23 and March 25, the oil-gas committee organised a road march when the organisers addressed public rallies and spoke about the environmental impacts of an open pit coal mine and exposed the lies that Asia Energy had told them. This event played a large role in strengthening public opinion against the coal mines in the localities. The protection committee claimed publicly that the rally, scheduled at the end of the road march was actually a communist programme, implying it did not have much to do with the coal mine. Yet, over 15,000 people attended that rally.

There were a number of other public events till August including the regular processions that continued. There was a procession of women, each carrying a broom, symbolically pledging to sweep Asia Energy and its sympathisers out of Phulbari, if not out of the country. The students organised another gathering of students and teachers which drew crowds from within and outside Phulbari two days before the oil-gas committee was scheduled to lay siege to the Asia Energy offices in Phulbari, which the protection committee declined to endorse despite much persuasion. The programme had originally been initiated by the local activists and was later endorsed by the central committee of the National Committee for the Protection of Oil, Gas, Mineral Resources and, Power and Port.

At that time some quarters of the Phulbari Protection Committee went so far as to file a general diary claiming that they did not have anything to do with the programme and would not be liable for anything untoward that happened.

The showdown
The token programme to lay siege was taken as another event along a long path of increasingly stronger resistance to the open pit coal mine. The event was preceded by three days of relentless campaign in all four upazilas. Megaphones on rickshaws blared through the oddest hours in the villages urging people to come out on the streets in solidarity to the movement and saying ‘no’ to the coal mine. Those advocating the cause of Asia Energy were also active, telling people not to go as there would be mayhem. These collaborators, as they are called, spread the news that there would be violence and those leading the movement would stay behind and put the poor peasants in front as politicians often did.

The organisers brought out a motorbike procession on the evening of August 25, 2006 and went around villages reassuring the people and gearing up their morale. In Hamidpur Union of Phulbari, they broke a water tank that Asia Energy had built across the house of the union council chairman, who sympathised with Asia Energy and thought would become rich if the coal mine went ahead. This action, premeditated as it was, went far in encouraging the masses.
That night, perceiving the public zeal and anger, the organisers decided to change the venue of the public rally since it was too close to the Asia Energy offices and there was a good chance the rally would turn into a mob. They decided that the venue would be at the other end of the town farther away from Asia Energy where processions from unions and municipality wards would join by 2:00pm.

Given that the weather was rather warm, some people would invariably suffer from dehydration and would need medical attention, some might even have to be hospitalised. The organisers set up a medical team to take care of such contingencies. There were even a few trucks to take the sick to hospitals.

Volunteers and organisers went out to the villages by noon to gather public attendance. The general masses came with sticks while the Santals came with their traditional bows and arrows. The entire town had come to a standstill. Shops were closed naturally. No vehicles were allowed to pass through by the time it was afternoon. Law enforcement personnel had been deployed across the town. Processions were still on their way to Phulbari when this 70,000 strong, according to eye witness accounts, procession took to the street and advanced towards a bridge over Chhoto Jamuna, a small tributary of its larger namesake, more than a kilometre away from the intended site of the day’s programme.

On the way the public broke down what Asia Energy purported to call its ‘information centre’ and used as a tool to spread propaganda and misinformation.

Although there had been a scuffle with the law enforcers as they fired tear gas shells at the procession, the organisers brought the situation under control and regrouped near the bridge, deciding against approaching the Asia Energy offices, which were across the bridge, fearing that the public might turn violent. There was a public address where the police and the paramilitary personnel had put up a barricade. The declaration on behalf of the people called for Asia Energy to suspend all its activities immediately since an open pit mine would be disastrous for the entire region. The declaration called on the local populace to socially boycott Asia Energy if it did not abide by the people’s verdict.

The people were called upon not to cooperate with Asia Energy in any way. Vendors were asked not to sell them anything, truck owners were told not to take their goods, rickshaw pullers were told not to take on fares that represented Asia Energy. The day’s programme came to an end at around 4:30pm and the leaders of the movement had begun to move away from the barricades when the paramilitary forces opened fire. Many were hit by the live rounds, three died on the spot, some were crippled for life.

The organisers had not quite expected such a turn of events and were caught completely unawares. There was little that the local leadership could do by way of providing direction to the people in a concerted and coordinated manner as they themselves were scattered. This was perhaps the only time that the leadership seemed to waver and the people went about not knowing what to do. The paramilitary personnel and the police officials patrolled the streets and raided the houses of a number of the noted leaders of the movement.

The resistance
The next morning, while there was an unofficial section 144 in vogue preventing public gathering, leaders began to get together bands of men solely through their individual initiatives and attempted to bring out processions. The paramilitary men went into alleys and by-lanes giving chase and beat up the people ruthlessly. Their charge became so brutal that at one point there was an announcement at a mosque in Jolapara urging everyone, including women, to come out on the streets and stand their ground. As always the law enforcers resorting to brutal repression and the violence only strengthened the will of the local populace and worsened a volatile situation.

Among the first women to come out was one Nurunnahar, with a machete in her hand. The law enforcers severely beat several women that was broadcast in the media repeatedly and sparked the rest of Phulbari to come out. Soon a human sea took to the streets and not a soul remained indoors. The entire populace of the township enforced a spontaneous general strike bringing the little town to a standstill. Long route vehicles avoided the route coming to Dhaka while the law enforcement agencies could not find a place to drink water, buy food or even rest. They became so desperate that some broke into restaurants and eateries and looted whatever they could find there. Some had even taken away the handles of tube-wells so that no one got a drink. General citizens refused to give water to the law enforcers in fear of reprisals, which the leaders later assured would not happen but cautioned that they not given anything more than just water. Faced with mass resistance the paramilitary forces had to be withdrawn the next day while the police stood guard. The leaders of the movement declined to sit with the local authorities and insisted that appropriate authorities with clear mandate to negotiate from the central authorities be sent to sit with them.

The social boycott that the rally had called for the previous day had actually begun much before it was called for. The local construction workers’ union declined to work for Asia Energy when they sought to build model accommodations of the township that it would set up. Workers had to be brought in from Dinajpur, for almost double pay. The BDR personnel on the other hand had to bring their food from their nearby camp as nothing was available for four days. Even the kitchen markets were closed and opened only for two hours in the morning.

Rightly perceiving that the times were especially hard for labourers and workers who lived from hand to mouth, the communities of Phulbari took up initiatives on their own to ensure that the poor did not starve. The first two days that Phulbari enforced the general strike people collected rice and lentils and cooked khichuri that was distributed en masse. For the next two days they distributed some 2,200 kilograms of rice to the poor households. As with any other programme or initiative of the people’s movement the donations were voluntary and both in kind and in cash.

As public opinion grew across the country sympathising with the people of Phulbari and their cause the main political opposition extended their support to the movement and called a country-wide daylong general strike on August 30.
During this time the local authorities tried to arrive at a negotiated settlement but would not visit Phulbari for the talks under the circumstances as the leadership had suddenly demanded. It was finally decided that the two parties would sit somewhere within the proposed area of the coal mine but far enough to be safe from the wrath of Phulbari’s citizens.

Given the urgency of the matter, the central authorities charged the mayor of Rajshahi city and a deputy minister to negotiate a deal with the people of Phulbari. The central member secretary of the National Committee for the Protection of Oil, Gas, Mineral Resources and, Power and Port signed the agreement on behalf of the people. The negotiations took place at the auditorium of the Parbatipur municipal corporation. Every demand of the people was agreed to.
The people of Phulbari celebrated their well deserved victory through the night resolving to stand up in future if need be.

As it stands today
The member secretary of the Phulbari unit of the National Committee for the Protection of Oil, Gas, Mineral Resources and, Power and Port, S. M. Nuruzzaman, was picked up by the joint forces on February 11 and beaten up severely. He was made to get down from the military vehicle and beaten several times at different spots on his way to the local police station. He was released on bail late evening the following day. When Nuruzzaman reached Phulbari at around 11:00pm on the night of February 12 from Dinajpur jail, several hundred men and women lined up on both sides of the highway to welcome him home. There were already plans underway to enforce another string of general strikes demanding his release from jail. The local camp of the military has been withdrawn since.

Nuruzzaman was taken two more times to an army camp at Barapukuria on the nights of March 18 and March 19, when senior military officials enquired after the coal mine and its implications. While people are apprehensive of what the future holds given the current government’s indications and suggestions that Asia Energy might in fact resume its activities, their resolve to stand up and resist remains.

Source: URL: http://www.newagebd.com/2007/mar/26/independence07/i07.html