Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Bauxite mining project. The Committee recalls that in its previous comments it took note of the communication from the International Trade Union Confederation (ITUC) dated 27 August 2009 concerning the situation of the Dongria Kondh indigenous community and the bauxite mining project to be developed in the lands traditionally occupied by them. On that occasion, the Committee had expressed its concern over the reported adverse impact on the Dongria Kondh of the bauxite mining and expressed serious concern at the apparent lack of involvement of the tribal communities affected in matters related to the project which affected them directly. The Committee urged the Government to take the measures necessary to ensure that their rights and interests were fully respected and guaranteed and to report on the implementation of the rehabilitation and development measures ordered by the Supreme Court and the measures taken to ensure the involvement of the communities themselves in the design and implementation of such measures. In this regard, the Committee takes note of the Government’s indication according to which the Special Purpose Vehicle (SPV) for Scheduled Area Development of Lanjigarh Project, which was established following the order from the Supreme Court, is mandated to undertake a wide range of projects within a radius of 50 km of the Lanjigarh project for the development of the region. These projects concern health, education, children’s and women’s development, child care, upgrading of skills, communication, irrigation, agriculture, infrastructure development, etc. Moreover, the Scheduled Castes and Scheduled Tribes Development Department of the State has prepared a comprehensive conservation and development plan for the Dongria Kondhs for the period 2007–12. The SPV will adapt its programme to this plan. The Committee further notes that in its report, received in September 2010, the Government indicates that the final approval for the diversion of forest land into the bauxite mining project has not been agreed yet and it highlights that without the final environmental clearance, which has not been issued yet, work cannot be carried out. The Committee therefore requests the Government to provide information regarding any new developments with respect to the development of the bauxite mining project including on any judicial proceedings. The Committee requests the Government to take measures to ensure that the rights and interests of the Dongria Kondhs are fully respected and guaranteed and to indicate any measures taken in this respect. The Committee further requests the Government to continue to provide information on the implementation and development measures ordered by the Supreme Court as well as the comprehensive conservation and development plan for the period 2007–12 for the Dongria Kondhs prepared by the Scheduled Castes and Scheduled Tribes Development Department of the State, and the measures taken to ensure the involvement of the communities themselves in the design and implementation of such measures.

Articles 2, 5 and 27 of the Convention. Coordinated and systematic action. The Committee notes from the Government’s report that the Draft National Tribal Policy was submitted for public comments and suggestions including to the Scheduled Tribes and is currently under consideration by the Government. The Government further indicates that the main issues covered in the Draft policy refer to the following: alienation of tribal land; tribal-forest interface; displacement; resettlement and rehabilitation; enhancement of human development index; creation of critical infrastructure; violent manifestations; conservation and development of particularly vulnerable tribal groups; empowerment and gender equity, among others. This policy, once approved will, according to the Government, be the first comprehensive policy document developed for empowering the Scheduled Tribes of India and improving their Human Development Index. The Government refers also to the collaboration undertaken with the International Fund for Agriculture Development (IFAD) and the World Food Programme (WFP) for the implementation of food security and livelihood programmes in the States of Jharkhand, Chattisgarh and Orissa. The Government further indicates that it has requested ILO assistance in order to develop workshops and training programmes concerning tribal peoples’ rights that will help to identify best practices. The Committee requests the Government to continue to provide information on the progress made in adopting the National Tribal Policy, including information on the collaboration with and consultation of tribal groups and their representatives in the process of developing the policy. The Committee hopes that the activities indicated by the Government will be undertaken with ILO technical assistance, and asks the Government to provide information in this regard.

Articles 11–13 Land rights. Legislative developments. In its previous observation, the Committee noted the adoption of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Rules, 2007 and requested the Government to provide information on their implementation. In this regard, the Committee notes the Government’s indication that the Ministry of Tribal Affairs has requested the state and union territories governments, in November 2008, to initiate action for the implementation of the Act with a time-bound schedule. They were also requested to create awareness about the objectives, provisions and procedures of the Act among the forest dwelling scheduled tribes and other traditional forest dwellers and the concerned authorities under the Act. The Government further indicates that translation and publication of the Act and Rules in all the regional languages and their distribution among Gram Sabhas (assembly of all men and women in the village above 18 years of age), forest rights committees and all the departments of government will be ensured. The Office of the Prime Minister, the Cabinet Secretariat and the Planning Commission monitor the progress of the implementation. The Government indicates that as of 31 March 2010, 274,400 claims have been filed, 782,000 land titles distributed and more than 31,000 titles were ready for distribution. The Government further indicates that taking into account that the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, provides for a comprehensive legal framework to protect land and common resource rights of the tribal peoples, no further legislative initiatives are envisaged in this regard. The Committee requests the Government to continue to provide information on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, as well as the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Rules, 2007. The Committee also requests the Government to continue to provide information on the number of claims processed and title deeds issued as well as any grievances brought against decisions made under the Act and their outcomes.

Article 12. Removal of populations. The Committee referred in its previous comments to the possibility of relocating forest dwellers, under certain conditions and after completion of appropriate procedures, provided for in the Forest Rights Act. Noting that the Government does not reply to the Committee’s request, it again asks the Government to indicate whether any relocation has taken place in the country, and, in such cases, whether resettlement has been undertaken in compliance with Article 12(2) and (3) of the Convention.

The Sardar Sarovar Dam Project. In its previous observation, the Committee requested the Government to provide updated information on the number of persons belonging to the tribal population displaced from the land they traditionally occupied as a result of the Sardar Sarovar Dam Project and the measures taken to guarantee their resettlement and compensation in conformity with Articles 12(2) and (3) of the Convention. The Committee notes in this regard the Government’s indication, that until 31 December 2009, out of 46,700 families, only 322 remained to be resettled. The Government provides additional information concerning land allocation and other financial allowances granted to the displaced families. The Committee requests the Government to take the necessary measures for the rapid resettlement of the remaining families and to continue to provide information on any developments thereon.

Part III–VI of the Convention. The Committee notes the information provided by the Government concerning the education of Scheduled Tribes, including the implementation of a “Post Matric” Scholarship to promote higher education, the establishment of Vocational Tribal Centres in tribal areas, the establishment of 14 educational complexes for Scheduled Tribe girls, as well as financial assistance to non-governmental organizations for those projects covering schools, hospitals, mobile dispensaries and computer training, among others. The Government further indicates that the Directorate General of Employment and Training has set up 23 Coaching and Guidance Centres for Scheduled Castes and Scheduled Tribes in States. Moreover, the Central and State governments have made provisions for the allocation of posts and services within the Government for Scheduled Tribes. In this regard, their representation in government employment has increased from 2.25 per cent in 1965 to 6.83 per cent in 2008. The Committee requests the Government to continue to provide updated information on the various measures taken in the areas of education, training and employment and other areas covered in Parts III–VI of the Convention, to the benefit of the tribal population, including statistical information on the participation of men and women belonging to tribal groups in education and employment. In particular, the Committee requests the Government to provide updated information on the implementation and the impact of the Tribal Sub Plan as well as national programmes such as the National Rural Employment Guarantee Programme (NREGP), the Integrated Child Development Services (ICDS), National Rural Health Mission (NRHM) and Sarva Shiksha Abhiyan (SSA) with respect to the rights set out in the Convention.

The Committee is raising other points in a request addressed directly to the Government.