Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government's report for the period ending 30 June 1992, which was received in June 1993, as well as the information provided to the Conference Committee in 1993. It notes the detailed discussions on the question of the Sardar Sarovar Dam and Power Project in the 1993 Conference Committee, during which the Conference Committee requested the Government to take urgent measures to bring its resettlement and rehabilitation policies for tribal people into line with the Convention. Sardar Sarovar. The Committee notes the information provided by the Government in its report regarding this project. It recalls that this concerns the construction of a large hydroelectric dam and the consequent removal from their lands of some 100,000 people, including some 60,000 tribal people. The project was, until recently, being funded by the World Bank. The Committee also notes the statement that "in order to avoid further vitiation of the atmosphere, the Government of India decided to disengage from the World Bank and not to seek any further disbursement out of the outstanding portion of the credit/loan for the Sardar Sarovar project", and that it will complete construction work on its own. It notes further that in October 1992 the World Bank had agreed to continue support for the project contingent on the fulfilment of key criteria involving improvements in policies, organization, management, and the implementation of resettlement and rehabilitation programmes; tighter linkage between progress on resettlement and rehabilitation and dam construction; and strengthened environmental planning and monitoring of potential environmental impacts. The World Bank has indicated in a communiqué that many of the steps called for had been undertaken before the Government's decision, which the Government has also affirmed. The Committee notes the Government's continuing efforts to rehabilitate and resettle the displaced tribal people, and that an independent commission was appointed in August 1993 to review the project. It notes the detailed statistical information in the report, also communicated to the Conference Committee, on the situation as at July 1992, according to which some persons had been resettled and certain lands had at that point been acquired and designated for resettlement purposes. The Government has also communicated detailed information on spending on rehabilitation. While this indicates that attention is being paid to the resettlement of displaced tribal communities, it is not clear from that information what proportion of displaced families have now been resettled, how many remain to be resettled, and under what conditions. The Committee hopes that the resettlement and rehabilitation measures implemented, or to be implemented in further stages of planned construction, will be done in a manner which complies with the requirements of the Convention. Please continue to supply information on the progress achieved, including future plans for resettlement of the "oustees". Please also include information on any reports the independent commission may have made. The Committee recalls its previous observation concerning the recognition of rights to land which is "traditionally occupied" by tribal populations (Article 11 of the Convention). In referring to the legal position of the tribal population who have long occupied land to which the Government has asserted title, the Committee concluded that the term "traditional occupation" would appear to include the kinds of land use for which no compensation was being given. In its latest report, the Government states that the rights of the traditional occupation of land have been fully acknowledged, but it has also indicated that standard amounts of land are being allocated to relocated tribals. The Committee hopes that the allocation of resettlement land will be based on that previously occupied by the displaced tribals, and requests the Government to continue to provide information in this regard. Technical cooperation for tribal populations. The Committee notes with interest the establishment of the ILO's Inter-Regional Programme to Support Self-Reliance of Indigenous and Tribal Communities through Cooperatives and other Self-Help Organizations (INDISCO), with funding from the Danish International Development Agency (DANIDA). This programme, which operates in India and in the Philippines, is intended to develop pilot projects aimed at creating employment and income opportunities in close cooperation with the indigenous and tribal communities concerned. The Committee welcomes this initiative and notes also that other technical cooperation in India has been undertaken by the ILO for the benefit of tribal communities. It hopes that the Government will contact the Office for any further assistance that might be helpful in meeting the requirements of the Convention in relation to the comments the Committee has made.