Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - India (Ratification: 1958)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee had indicated previously that the Government's report on this Convention had arrived too late to be taken into consideration at the previous session, and that it hoped the Government would be able in the future to send them in time to allow the Committee to examine them in a timely fashion. The Government has indicated that some delay was unavoidable due to the need to gather the information from many sources, but that the suggestion was noted. The Committee notes that the report this year has again arrived only very shortly before its session, and that it therefore again renders it difficult to consider the information it contains while it is still fresh. It hopes the Government will be able in future to furnish reports by 15 October of the year in which they are due.

2. The Committee noted in its previous direct request that the Commissioner for Scheduled Castes and Scheduled Tribes had stated that none of the recommendations made in the five reports prior to his 1982-83 report had been accepted. It notes the Government's statement in its report that the Commissioner's recommendations are reviewed regularly by a number of different bodies, at both the Central and State government levels, and that their implementation by the States and Union Territories is a continuing process. The Committee would be grateful for an assessment of the impact that the Commissioner's activities have had on the protection and development of the tribal population of the country, and for any actions it may be considering to increase this impact.

3. Article 1 of the Convention. The Committee noted in its previous comments that some 6 million of the 51 million tribal people in the country were not included in the list of tribes specified in the special legislation on the subject, and expressed the concern that they might therefore be excluded from development programmes designed specifically for the needs of tribal people. At the same time it noted the Government's statement that the revision of the list was under active consideration. The Committee notes the statement in the most recent report that the list has been revised twice in the last decade, most recently in 1989. It also notes with interest that a number of States provide benefits, such as reserving services and places in educational institutions, to both Scheduled Tribes and to other "backward communities" (which appears to cover tribal communities not included in the list). It notes further a recent Government decision that a number of backward communities not included in the list of Scheduled Castes and Scheduled Tribes will be eligible for reserved employment, and that further action is under consideration. The Committee requests the Government to keep it informed of future developments.

4. Articles 2 and 27. The Committee notes the 1990 revision of the Constitution rationalizing the functioning of the National Commission for Scheduled Castes and Scheduled Tribes so that the Work of the Commissioner for Scheduled Castes and Scheduled Tribes and that of the Commission do not overlap. It also notes the description of the Commission's functions, which include dealing with complaints, participating in planning and evaluating the progress of the development of tribals, and others. The Committee notes that the Commission is to present an annual report to the President on its functioning. It would therefore be glad if the Government would forward copies of these reports with its future reports. It also requests the Government to describe the relationship between the work of the Commission and that of the Commissioner. Finally, while the Committee has received a copy of the 1988-89 Commissioner's report, it has seen no others for several years; and the copy of the report it examined was not provided with the Government's report on the Convention. It would therefore be grateful if the Government would regularly communicate the reports of the Commissioner for Scheduled Castes and Scheduled Tribes.

5. Article 5. The Committee notes that a proposal to amend the Constitution to ensure reservation of seats for tribal populations in the Panchayati Raj (legislatures) of the States, is under consideration. Please indicate the results of these deliberations.

6. The Committee notes that Tribes Advisory Councils are functioning in nine States, and that in Tamil Nadu State notification of the Council's establishment is expected shortly. It also notes the establishment of autonomous District Councils in 2 other States. The Committee requests the Government to keep it informed of the work of these Councils in future reports.

7. Article 6. The Committee notes with interest the Report of the Working Group on Development and Welfare of Scheduled Tribes during Eighth Five-Year Plan, 1990-95. It regrets, however, that neither the report nor the Plan was referred to in the Government's report, and that it received the report from other sources.

8. In its previous request the Committee repeated the concerns it had expressed earlier about the effect of deforestation on tribal populations who rely on the forests for their living, and requested the Government to continue providing information in this connection. The Government has replied in its report that with the creation of a separate Ministry of the Environment, these efforts are being more concerted attention, but has provided no information on the progress of deforestation or on any efforts that may have been undertaken.

9. The Committee notes in this connection the views expressed in the Report of the Commissioner for Scheduled Castes and Scheduled Tribes, 1987-89 (especially pp. 96 to 107) concerning what the Commissioner terms the "criminalization" of tribal people. He states that the system of reservation of the forests for exclusive Government use denies tribal people their traditional rights to the use of forest resources, and makes the continuation of their traditional practices a criminal activity; and that the increase in deforestation is making this situation worse. The Committee would be glad of the Government's comments in this connection, and refers it also to the comments made below under Articles 11 to 14.

10. Article 9. The Committee previously requested detailed information on the progress achieved towards the abolition of bonded labour. The Government has replied that "All the issues are kept under review and legislative/administrative steps are evolved as required." The Committee requests the Government to supply information in the next report on what steps are being taken, what results achieved and how serious the problem remains.

11. The Committee notes in this connection the long discussion of this subject in the Report of the Commissioner referred to above, as well as in the Report of the Working Group on Development and Welfare to which reference has also been made above. Both reports note the continued existence of large numbers of tribal bonded labourers, in particular in plantations and agriculture and in mines, quarries and brick kilns. The Committee notes also the recommendation made in both reports that punishment of the "employers" involved be instituted as a deterrent. The Committee requests the Government to provide detailed information in this connection, under the present Convention and under the Forced Labour Convention, 1930 (No. 29), as it has requested previously.

12. Article 10. The Committee notes with interest the information provided on legal aid to the poor, in particular tribal people, and requests the Government to continue to provide such information in future reports.

13. Articles 11 to 14. The Committee regrets that the Government has provided no further information on progress in updating land records, as requested previously, and requests it to provide such information in its next report.

14. On the question of alienation and restoration of tribal lands, the Government has furnished some information on the existence of State legislation on the subject, in reply to the previous request. It has, however, provided no information on the practical side of the problem. This information may, however, be found in the Report of the Working Group on Development and Welfare to which reference has been made above (see especially Chapter 7 and Annex XXIV), as well as in the Report of the Commissioner for 1987-89 (Chapter 5). It appears from this information that all the concerned States except Tamil Nadu have laws to protect tribals from land alienation, and that Tamil Nadu had prepared draft legislation on the subject. It also appears, however, that the amount of land restored to tribals remains relatively small, and both reports refer to serious difficulties in the implementation of the legislation on the subject. The Committee therefore requests the Government to provide detailed information in its next report on the extent of the problem, the efforts made to overcome it at both the State and Central Government levels, and the results achieved.

15. As the Government has provided no information in reply to the Committee's previous request concerning measures for debt relief, except to say that efforts are continuing, the Committee would be grateful if this information were included in the next report.

16. As concerns displacement of tribal people, the Committee refers to its observation. It regrets that the Government has not provided the information previously requested on this subject, and requests it to do so.

17. Article 15. The Committee notes from the Report of the Working Group on Development and Welfare, pages 38 and 39, that there is a considerable problem of exploitation of tribal migrant workers in the country. The report states that these migrant workers are subject to exploitation by labour contractors, that minimum wages are not paid and that deductions are made from wages on various grounds, that working conditions are far inferior to legal norms, and that sexual exploitation of women has been reported. The report states also that although there is Central Government legislation on the subject, some States have yet to adopt rules for the implementation of this legislation, and that there are loopholes in the enforcement of the legislation. The Committee notes also the recommendations for action made in the Report of the Working Group on Development and Welfare. It requests the Government to provide detailed information on this problem in its next report, and to indicate what measures have been taken or are contemplated to overcome it.

18. Article 20. The Committee notes with interest the information provided by the Government on primary health care for tribal people. In addition, it notes from the Report of the Working Group on Development and Welfare, page 57, that "the major constraint to realization of the goal of 'Health for All' in (tribal sub-plan) areas is the inadequacy of the network of health institutions, lack of medical/paramedical staff and lack of medicines." The Committee requests the Government to continue to furnish information on the progress made in these connections.

19. In its previous comments, the Committee noted that orders were issued in 1986 under which only female Health Guides were to retrained, paid and issued medicines, and stated that this action might be incompatible with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) which India has also ratified. As no information was provided in this connection, the Committee again requests the Government to indicate the circumstances in which this decision was taken, and to provide further information on developments in the question.

20. The Committee notes the information in the report on the progress of the programme for providing safe drinking water to tribal areas, and requests the Government to continue to provide such information in its future reports.

21. Articles 21 to 24. The Committee notes the information provided in the report on the problems encountered in providing educational facilities for tribal people, and on the measures taken in this connection. It hopes that the Government will be able to indicate in the next report what progress has been made, and that it will continue to provide information on this subject.