Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee refers to its observation.

2. Article 1 of the Convention. The Committee notes that, according to the 2001 census, the tribal population of the country has grown to 8.1 per cent of the population.

3. The Committee notes with interest that the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act (No. 10 of 2003) has added 42 communities to the list of scheduled tribes, removed 14 and enacted other modifications with regard to 86 communities in 22 states. Please keep the Committee informed of any further amendments of this kind.

4. Article 2. The Committee notes that consideration has been given to a possible National Policy on Tribals, by a Scheduled Areas and Scheduled Tribes Commission. It notes also the creation of a National Commission for Scheduled Tribes. The Committee asks the Government to keep it informed of progress made in regard to the National Policy on Tribals, and to indicate whether the National Commission on Scheduled Tribes replaces the National Commission for Scheduled Castes and Tribes. Please provide a copy of the legislation creating the new Commission and forward its reports as they are issued.

5. The Committee notes with interest the information provided on the initiatives taken by the Ministry of Tribal Affairs. It notes, in particular, measures taken to improve the management and transfer of centrally allocated funds for improving the situation of tribals, the adoption of a new Central Sector Scheme targeting the development of the Primitive Tribal Groups and the promotion of voluntary efforts in the field of tribal development, resulting in the tripling of the number of NGOs associated with this since 1997-98.

6. The Committee notes also from the report that financial support for the improvement of the standards of the Primitive Tribal Groups in several states has not improved the situation much and that the Ministry might seek international cooperation in this regard.

7. Article 6. The Committee noted previously that some measures had been taken to protect the rights of tribals to forests and forest produce. It notes from the latest report that the Government has issued guidelines to state/UT governments on this question, but that their operation has been stayed by the Supreme Court. Recalling the very high importance to tribal economies and cultures of being able to benefit from resources of the forests in which many tribals live, the Committee requests the Government to indicate whether this obstacle has now been overcome and to continue to provide information on such measures in future reports.

8. Articles 7 and 8. The Committee notes with interest the information provided on how tribal customary laws are respected in various states. It notes that, while in some states tribal customary laws have been compiled and are respected by courts, in others the compilations are either not completed or have not been undertaken. The Committee hopes that the Government will continue to provide information on this subject in future reports, as it becomes available.

9. Article 12. In its previous comments, the Committee reviewed some of its concerns over the large-scale displacement of tribals from their lands because of development projects and, in particular, the damage caused to the lives and cultures of these groups when inadequate resettlement and rehabilitation is provided. Aware that only some of the development projects which have displaced tribals in large numbers have been brought to its attention, the Committee asked the Government to provide in its report a comprehensive overview of the situation in this regard around the country. In reply, the Government has simply referred to its previous reports.

10. The Committee notes that both the 10th Five-Year Plan (2002-07) and the latest report of the National Commission on Scheduled Castes and Scheduled Tribes, to which the Committee has also referred in preparing its comments, reinforce the position that, while development projects are both necessary and useful for the country’s economic well-being, the tribal populations of the country suffer many of the costs of the implementation of such projects due to inadequate provision for their welfare in the context of these projects. The Committee therefore reiterates its earlier request for the Government to provide a comprehensive overview of the situation throughout the country.

11. Article 20. In its previous comments, the Committee took particular note of Chapter V of the Fourth Report of the National Commission for Scheduled Castes and Scheduled Tribes, entitled "Economic Development of Scheduled Castes and Scheduled Tribes". Noting the limited access of tribals to employment and work, it noted in particular 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", and asked the Government what steps may have been taken to follow up this recommendation. As the report contained no reply to this point, the Committee again asks the Government to provide this information.

12. Articles 21 to 26. The Committee notes with interest a significant increase in the literacy rates of tribals, among both men and women, compared to the statistics from the 1981 and 1991 censuses that it cited in its previous report. Please continue to update these figures whenever possible.