Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes the additional oral and written information submitted by a Government representative to the Committee on the Application of Standards at the 85th Session of the International Labour Conference (1997).

2. The Committee had taken note of the communication sent by the Bijli Mazdoor Panchayat (BMP), a trade union, dated 2 May 1996 regarding alleged practices of "inhuman working conditions" by the Gujarat Electricity Board (GEB), affecting a large number of scheduled tribe workers which it stated should be considered as working under the Factories Act and thus entitled to receive benefits from the GEB.

3. The Committee notes that the Government repeated its previous reply that the regular workers in the Thermal Power Station, many of whom are contract labourers, enjoy normal working conditions, and that the BMP's comments relate only to workers outside the plant premises who are covered by no settlement and do not work for a registered contractor. It also notes that these workers are not protected by the labour legislation in general or by the Factories Act, but that the GEB has provided some basic facilities for the workers in the ash area. In this connection, the Committee recalls that under Article 15 of the Convention, ratifying States must adopt special measures for workers belonging to these populations "so long as they are not in a position to enjoy the protection granted by law to workers in general". It urges the Government to take the necessary measures to improve further the working conditions of these tribal workers and to keep it informed of the result of the criminal cases brought against the enterprise concerned. Further, it echoes the general concern expressed during the Conference Committee discussion over the situation of the 68 million tribal people in the country in relation to protection under the labour laws. While noting the practical difficulties arising from the division of responsibilities between national and other authorities, it hopes that the Government will make every effort to ensure it meets its obligations under Article 15 of the Convention with regard to these most disadvantaged workers in the country, and that it will report in detail on its efforts in this regard in its future reports.

4. On the question of the Sardar Sarovar Dam and Power Project, the Committee recalls that thousands of tribal people are being displaced from their homes by this very large project. Over a number of years, the Conference Committee and the present Committee have requested the Government to take urgent measures to bring its resettlement and rehabilitation policies for tribal people into line with the Convention. The Committee had noted that the information provided by the Government on the progress of the resettlement and rehabilitation of the tribal populations affected by this project up to April 1996 indicated that substantial differences continue to exist among the States of Gujarat, Maharastra and Madhya Pradesh.

5. The Committee requested information on the progress of rehabilitation and resettlement policies of the three above-mentioned States and on the manner in which the allocation of resettlement land takes into account the amount of land previously occupied by the displaced tribal population (the legal concept of "traditional occupation"), including any measures taken or envisaged to compensate for different kinds of land use. The Committee remains concerned by the difficulty encountered in acquiring land for resettlement and providing compensation, in particular in Maharastra and Madhya Pradesh. It requests the Government to keep it fully informed of the progress achieved in this case.

6. The Committee takes note of the explanations provided by the Government representative in the Conference Committee, in particular that the differences in the progress of resettlement and rehabilitation between the various States were explained by the fact that measures were only taken as the project advanced every year, and the construction of the dam was linked to the implementation of resettlement and rehabilitation measures in order to ensure successful rehabilitation before the lands in question were submerged. The Committee also notes that the progress of rehabilitation is evaluated by a rehabilitation committee, under the chairmanship of the Ministry of Welfare and reporting to the Supreme Court of India. Families affected by the project are given priority which accounts for the substantial differences between States. The Committee requests the Government to keep it fully informed of the development of this project and the resettlement and rehabilitation of the people concerned, as well as of the progress achieved by the States in acquiring land for these purposes. It also requests the Government to provide a detailed report on the compensation measures taken in each State and on the number of people who have already been settled and rehabilitated. Please also provide information on the number of people which the Government expects are to be still displaced.

7. Other development projects. The Committee also noted in its previous comments that there are other cases in which tribal people are displaced for development purposes, and requested the Government to provide information on the compensation offered in these other cases. The Committee notes that no information has been received in this regard. It also notes the response given by the Government representative in the Conference Committee that many areas in which mineral resources were mined and other developmental activities undertaken were inhabited by tribal populations and that development was unavoidable for the economic and industrial development of the country. The Committee notes also that the Government representative stated that the Government did not follow a discriminatory policy in applying the rules and regulations in force to provide adequate compensation for the affected people, including tribal people.

8. The Committee takes due note of these points. It reiterates that it does not question either the need to undertake development projects or the benefits they generate for the national population, including, in some cases, employment generation for tribal peoples. Its only concern under this Convention is that the burden of these projects should not fall disproportionately on the tribal people who often inhabit the regions where these projects take place, and that measures compatible with the Convention be taken to provide them with adequate protection, including compensation and resettlement when appropriate. The Committee looks forward to receiving information in the Government's next report about the number and kind of development projects, aside from the Sardar Sarovar Project, which have displaced tribal populations, and on the measures taken in each case to meet the requirements of the Convention.

9. The Committee is addressing a request directly to the Government on other points.