Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee refers to its observation, and is again communicating its previous request which was drafted in the following terms:

1. The Committee notes the extensive documentation and explanations transmitted by the Government in its last two reports. It notes in particular that the Government has supplied a copy of the Fourth Report of the National Commission for Scheduled Castes and Tribes (1996-97 and 1997-98), and requests it to continue furnishing such reports with its reports on the application of the Convention.

2. The Committee notes that the subject of the protection and development of the scheduled tribes in India is a vast one, and that it can raise only some of the aspects of this question in its comments. It therefore requests the Government to provide a general assessment of the situation in its next report, concentrating on areas where development and focused governmental action could have the most profound effect on the tribal communities, and indicating if possible where international development assistance could be of help.

3. Article 1 of the Convention. The Committee notes the detailed information provided by the Government on the location and numbers of members of scheduled tribes, amounting to 8.08 per cent of the total population of India, according to the 1991 census. Please indicate what results have been obtained in the 2001 census in this regard.

4. The Committee recalls that there are tribal communities not included in the schedules to the Constitution, which therefore do not receive the benefits and protections provided in law for the scheduled tribes. It notes from the reply to its previous request that the Government has decided on the modalities for inclusion of communities in the list of scheduled tribes, and that proposals for inclusion are now being processed. Please indicate in the next report the progress achieved in this respect, and what measures are being taken in the meantime to extend the protection of the Convention and of national law to the tribes that remain excluded.

5. Article 2. The Committee notes from the last report that the erstwhile Ministry of Welfare responsible for the development of scheduled castes and other backward classes was renamed the Ministry of Social Justice and Empowerment on 25 May 1998; it is responsible for the overall policy, planning and coordination of programmes of development for scheduled castes and other backward classes. In addition, a new Ministry of Tribal Affairs was established in October 1999 to deal with social security and social insurance for the scheduled tribes. The Government indicates that these two ministries are "the nodal agencies to look into the welfare of the tribal communities. Please forward with the next report a description of the work of these ministries with regard to the situation of the tribals, including any reports they may have issued or transmitted to Parliament describing their work in this area. Please also forward corresponding information on the bodies responsible for tribal affairs in the various states.

6. Article 6. The Committee notes the existence of Tribal Sub-Plans since 1974-75 in the states and union territories, as it has in its previous comments. It notes the information in this regard contained in the Fourth Report of the National Commission for Scheduled Castes and Tribes, indicating that only two states (Bihar and Orissa) have been allocating funding for the Tribal Sub-Plans at the recommended levels, though Orissa is reported as having spent only 44 per cent of the amounts allocated. The Committee therefore requests the Government to provide in its next report an assessment of the progress achieved in raising the productivity and skills level, development of education, elimination of exploitation, protection of their interests in trade, forest land, credit and marketing arrangements and medical and health amenities, which are listed as the objectives of the Tribal Sub-Plans.

7. The Committee notes also the further information provided on the forests policy, and the intimate link between the lives of tribals and the forest areas that many of them inhabit. The 1927 Indian Forest Act has not yet been amended, and the consultation process continues. The Committee notes, however, that the Ministry of Environment and Forests launched the centrally sponsored scheme on "Association of Scheduled Tribes and Rural Poor in Regeneration of Forests on Usufruct Sharing Basis" on a pilot basis in nine states, and that it has subsequently been extended to six other states. In addition, the Committee notes the targets and the financial outlays involved, as well as the expectation that the implementation of the project will generate employment opportunities for up to 7,500 tribal families while upgrading the condition of the forests.

8. The Committee notes the recognition in the report of the needs of the tribal peoples in relation to the forests, and of the list of measures that need to be taken to ensure the protection of the rights of tribal communities in these areas, and the difficulties of progressing. It hopes the Government will continue to keep it informed in this respect in future reports, including both the results of the scheme referred to in the previous paragraph and the implementation of the measures that the Government has indicated should be taken.

9. Articles 7 and 8. The Committee notes from the report that in general the tribal communities largely follow their own traditions in social conduct, and that tribal customs in regard to marriage, divorce and inheritance, administration of justice concerning minor offences, etc. are respected. It notes that compilations of tribal customs and customary laws are being made by the Anthropological Survey of India and some state governments, but that it will take some time to complete this work. Please keep the Committee informed of progress in this area, and indicate whether courts are empowered to recognize or to apply tribal customary laws and, if so, on what subjects.

10. Article 12. The Committee notes the statement in the report that "displacement due to development projects, though unfortunate, is inevitable", and that the areas inhabited by scheduled tribes have more potential for projects related to irrigation, mining and industry. It notes also the statement that the Government is very particular on the aspect of rehabilitation and resettlement of the tribals displaced due to these projects and has accepted the principle that these should form part of the project itself.

11. It also notes the statement in the Fourth Report of the National Commission for Scheduled Castes and Tribes that "Large-scale displacement of tribals due to the setting-up of various projects has aggravated the miseries of many tribal communities. The Commission reiterates its recommendations made in the last report that tribals should be made partners in the large development projects located in these areas" (paragraph 5.35(viii)).

12. For some years the Committee has been raising the question of the Narmada Valley hydroelectric project, that has displaced many thousands of people already, and that will displace many more in the future. It notes in this regard a decision by the Supreme Court of India in October 2000 that construction of the dam could proceed, in spite of widespread concern over its effects. The Court’s order stated, inter alia:

2.  As the Relief and Rehabilitation Sub-Group has cleared the construction up to 90 metres, the same can be undertaken immediately. Further raising of the height will be only pari passu with the implementation of the relief and rehabilitation and on the clearance by the Relief and Rehabilitation Sub-Group. The Relief and Rehabilitation Sub-Group will give clearance of further construction after consulting the three Grievances Redressal Authorities.

…

5.  The reports of the Grievances Redressal Authorities, and of Madhya Pradesh in particular, show that there is a considerable slackness in the work of identification of land, acquisition of suitable land and the consequent steps necessary to be taken to rehabilitate the project oustees. We direct the States of Madhya Pradesh, Maharashtra and Gujarat to implement the award and give relief and rehabilitation to the oustees in terms of the packages offered by them and these states shall comply with any direction in this regard which is given either by the NCA or the Review Committee or the Grievances Redressal Authorities.

13. The Government has provided details in its report indicating that a majority of the more than 40,000 "project-affected families" has now been resettled, or that provision has been made for their resettlement, as the number of people displaced by rising water levels continues to rise. Concern continues to be expressed, however, that resettlement has resulted in breaking up communities, and in compensation in amounts of land lower than the amounts previously available for use by many of these communities, and that the availability of suitable land is more limited than the need. The Committee requests the Government to provide further information on the progress of resettlement in its next report.

14. In addition, as earlier noted, this hydroelectric project is only one of many development projects in India resulting in the displacement of tribal communities from their lands, and the information available to the Committee indicates that not all such projects have been subject to the same kind of rehabilitation plans as the Narmada Valley project. It notes the information provided in the report with respect to two specific projects, and requests the Government to provide in its next report a comprehensive overview of the situation in this regard around the country.

15. The Committee notes the additional information provided on the Large-Sized Agricultural Multipurpose Cooperative Societies (LAMPS), including the increase in their number. It notes in this regard the statement in the Fourth Report of the National Commission for Scheduled Castes and Tribes (paragraph 5.14) that "the effectiveness of these organizations in ensuring a better remuneration and a better market for the various tribal and forest produce is limited. These institutes need to be reorganized and strengthened". The Committee therefore requests the Government to keep it informed of further developments in this regard.

16. Article 20. The Committee has taken particular note of chapter V of the Fourth Report of the National Commission for Scheduled Castes and Tribes, entitled "Economic Development of Scheduled Castes and Scheduled Tribes". Noting the limited access of tribals to employment and work, it has taken particular note of the recommendation in paragraph 5.109 of this report that "The Ministry of Labour should undertake a comprehensive survey of the impact of economic reforms on the job opportunities as a whole and particularly in the case of SCs and STs". Please indicate what steps may have been taken to follow up this recommendation.

17. Articles 21 to 26. The Committee notes from the report that new statistics on the literacy rate among tribal communities will be furnished after the report of the 2001 census becomes available. It recalls that it previously raised this question in response to allegations by the Centre of Indian Trade Unions (CITU) pointing out that the literacy rate among scheduled tribes was 16.5 per cent, and of women only 8.4 per cent, according to the 1981 census. The CITU cited figures for dropping out of school at 77 per cent, contributing to the massive levels of child labour in the country. The 1997-98 Report of the National Commission for Scheduled Castes and Tribes indicates that by 1991 the overall literacy rate for members of scheduled tribes had risen to 29.60 per cent, and for women to 18.19 per cent, a very rapid increase though still very low. This report also indicated a slower rate of dropouts from school at different levels, but noted that the rate of improvement was very slow. The Committee requests the Government to furnish updated information on this situation in its next report.

[The Government is asked to report in detail in 2004.]