Sikh Genocide 1984: Amnesty, Civil Society’s recommendations to Ministry of Home Affairs India

Recommendations made to the Ministry of Home Affairs:

Effective investigation

Ensure that the Special Investigation Team formed by the government make the status of their investigation public, and that they file charges against suspected perpetrators wherever sufficient evidence is found.

Ensure that all those suspected of involvement in the killings, including those with command responsibility, are prosecuted.

Provide adequate protection to victims and witnesses to ensure that investigations and prosecutions can proceed without fear of reprisals.

Comprehensive reparation

Develop and implement a comprehensive plan for reparation in full consultation with the victims and survivors of 1984, including young people, women and girls, and rights groups working with them.

• The plan should be in line with the UN Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law.
• It should entitle all persons who suffered physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights during the 1984 violence to reparation.
• Reparation should include compensation for any economically assessable damage, including lost opportunities such as employment, education, and social benefits; and material damages and loss of earnings, including loss of earning potential.

Issue a formal public apology on behalf of the Government of India, including an acknowledgement of the facts and acceptance of responsibility.

Legal and policy reforms

Enact a robust law to prevent and respond to communal and targeted violence, which incorporates international human rights principles of superior and command responsibility, relief, return, and resettlement.

• The law should also recognize the right to remedy and reparation for all persons affected by communal and targeted violence, including internally displaced people.
• It should provide for immediate rescue and relief in the case of communal or targeted violence.
• It should recognize that the right to reparation includes restitution, rehabilitation, satisfaction and guarantees of non-repetition.

Establish a comprehensive and adequately resource victim and witness protection programme at the central and state levels, which should not be associated with state agencies such as the police.

Undertake comprehensive police reforms to insulate the police from political interference and pressure.

• Work with state governments to establish police complaints authorities at the state and district levels to investigate complaints about police misconduct.
• Work with state governments to establish fixed tenure for police officers, and set up a board to monitor recruitment, appointment and transfer of police.

ENDS