Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 107) relative aux populations aborigènes et tribales, 1957 - Inde (Ratification: 1958)

The Committee refers to its observation. As the Government's report contains no information on the points raised in its previous request, the Committee asks the Government to provide detailed information on the following points:

1. The Committee notes the information communicated by the Government in its report, which arrived too late to be examined at its previous session. It hopes that the Government will be able in future to send reports on the application of the Convention in time to permit the Committee to examine them in a timely fashion.

2. The Committee notes in general that the Government's report does not respond to many of the questions raised in its previous request, though a significant amount of information has been forwarded. It hopes that the Government will be able to reply in its next report to the questions raised in the present request, so that the Committee will be able to form a clearer idea of the situation than is possible from the most recent report. This is especially important in view of the very large numbers of tribals in the country (now estimated at over 51 million, or more than 7 per cent of the population), and the important efforts being made in the country to deal with their problems.

3. The Committee notes that the Report of the Commissioner for Scheduled Castes and Scheduled Tribes for 1982-1983 was also communicated. The Committee hopes that the Government will continue to communicate the Commissioner's reports with its future reports, as it is indispensable to an understanding of the situation. The Committee notes, however, that in Chapter 9 of the Commissioner's report, it is stated that none of the recommendations the Commissioner had made in his five earlier reports have been accepted, but that the Government has said that it is considering them. Please indicate what action, if any, is being taken on the Commissioner's recommendations, and what are the mechanisms for considering such recommendations.

4. Article 1 of the Convention. The Committee recalls that in its previous request it asked what action was being taken to revise the lists of tribes specified in the special legislation on the subject, and recalled the Commissioner's recommendations in this regard. It noted that the number of tribal peoples not included in the schedules amounts to some 6 million people, and expressed the hope that the Government would make every effort to identify and include among the scheduled tribes all groups of tribal people who should be included.

5. In this regard the Committee notes the statement in the Government's report that the revision of the lists is under active consideration, but notes also that no action appears to have been taken following such consideration in the twelve years since the adoption of the Scheduled Castes and Scheduled Tribes (Amendment) Act in 1976. It notes also the statement in the report that non-inclusion of a particular group does not deprive them of the economic development programmes which are meant for all sectors of the population. The Committee hopes, however, that the Government will take the necessary measures in the near future to ensure that all tribal groups are specified in the relevant national legislation and thus included in development programmes designed specifically for their needs.

6. Articles 2 and 27. The Committee notes that no information has been forwarded since that contained in the report for the period ending in 1982 on the establishment of legislative committees on the welfare of scheduled castes and scheduled tribes in the various States. The Committee hopes that the Government will be able to indicate in its next report what action, if any, is being taken in this connection at the State level.

7. In its previous request the Committee noted that the Commissioner for Scheduled Castes and Scheduled Tribes had recommended a revision of the functions assigned to the Scheduled Castes and Scheduled Tribes Commission, so that the functions of the two would not overlap. The Committee also asked for information about the procedure for the examination of complaints by the Commission and information on the number of complaints examined and their disposition, and for other information on the functioning of the Commission. It notes that, although the Government stated that it was enclosing a copy of a report issued by the Commission, no report was received. It notes also that the Government has not replied to the question concerning the revision of the responsibilities of the Commission. It therefore hopes that the Government will furnish this information with its next report.

8. Article 5. Please forward the information previously requested on whether the President has issued instructions to all States having tribal populations to constitute Tribal Advisory Councils, as recommended by the Commissioner, under Clause 4 of the Fifth Schedule of the Constitution.

9. The Committee recalls that it previously expressed the hope that the Government would take the necessary steps to ensure that the existing Tribal Advisory Councils were made active again. It notes that the Government has stated in reply that the working of these Councils is reviewed periodically and that State Governments have been advised to hold meetings regularly and to make the deliberations in these Councils effective. The Committee hopes that the Government will provide information in its next report on whether these recommendations have been taken up by the State Governments, and whether any results have been obtained.

10. The Committee notes the information contained in the report on the recommendations of a committee in 1979 concerning tribal participation in the Panchayati Raj and other local government institutions. It notes that the recommendations made by this committee were discussed, but were not adopted, though another committee was established and has also made recommendations. It hopes that the Government will provide information in its next report on the further recommendations made and the action, if any, taken on them.

11. Article 6. The Committee recalls that in its previous comments it noted that there were increasing problems due to deforestation affecting tribal populations who rely on the forests for their living. It notes the information provided in the Government's report, as well as in the Commissioner's latest report, on the various measures taken in this regard. It notes that the problem remains a serious one, though efforts are being made to diminish deforestation and to replant deforested areas. It hopes that the Government will continue to provide information on both the problems which arise and on the measures which are taken in this connection.

12. The Committee notes the information contained in the report on the strategy for the development of tribals and tribal areas under the VIIth Five-Year Plan (1985-1990). It hopes that the Government will continue to provide information in its future reports on the results achieved in this respect.

13. Article 9. The Committee notes the information provided in the report concerning the continuing efforts being made to abolish bonded labour, and the rehabilitation of freed bonded labourers. It notes that measures in this regard have been included in the 20-Point Programme, 1986, and that progress is thus reviewed periodicaly at the highest levels of government. At the same time, the Committee notes the further recommendations made by the Commissioner, as well as the information in his report about the related form of labour known as "attached labour". The Committee hopes that the Government will continue to supply information in this connection both under the present Convention and under Convention No. 29.

14. Article 10. The Committee notes the additional information furnished in the Government's report on the programmes to provide legal aid to the poor, and in particular to tribals. It notes with interest the measures being taken at the State and more local levels, and the Lok Adalat approach under which conflicts are settled by mutual consent through persuasive and conciliatory methods. Finally, it notes that the training of para-legals has continued. The Committee hopes that the Government will continue to provide information in this respect in future reports.

15. Articles 11 to 14. The Committee notes the information supplied in the Government's report on the measures being taken for the updating of tribal land records, as well as the information in the Commissioner's report on this question, in paragraphs 4.100 to 4.103 in particular. The Committee notes from the Government's report that emphasis has been given to this question in two conferences of Revenue Ministers held in 1985 and 1986, and that various measures were recommended in this respect. The Committee notes also from the Commissioner's report that, although detailed information is often lacking, the process of updating these records appears to be going on. The Committee hopes that the Government will continue to include information on this subject in its future reports.

16. As concerns the alienation and restoration of tribal lands, the Committee also notes the information in the Government's report and in the Commissioner's report, in particular in paragraphs 4.95 to 4.98. While the Government has indicated the measures which are being recommended, it has supplied little information on the measures actually taken. The Commissioner's report indicates that some State Governments supply adequate information and are taking effective measures, but that others are not. The Committee notes in particular the recommendations made by the Commissioner in paragraphs 4.97 and 4.98 of his report. It hopes that the Government will provide further information in its next report on the measures taken and the results achieved in this respect.

17. The Committee notes the information in the report on the measures taken to promote debt relief among the tribal populations, and hopes that the Government will continue to provide information in this respect in its future reports.

18. With regard to the displacement and rehabilitation of tribal families, the Committee refers to its observation. More generally, it recalls that in its previous comments it requested information on the measures adopted by the various State governments in this connection. In its report the Government has stated that a committee has been set up to review rehabilitation measures for displaced tribals, and that it has been decided as part of the 20-Point Programme to ensure the rehabilitation of displaced tribals. The Committee hopes that the Government will be able to indicate in its next report that effective measures have been taken in this connection. The Committee requests the Government to indicate in particular how many tribals have been displaced from their lands, for economic development programmes or otherwise, and what procedures have been used in this connection. Please indicate how the provisions of Article 12 of the Convention concerning compensation when tribals are displaced, have been applied.

19. Article 15. The Committee notes the information contained in the report concerning measures taken in some States to enforce the payment of minimum wages in rural areas, and in particular to tribals. It notes also the discussion of this issue in the Commissioner's report (paras. 4.106 to 4.109), which states that the measures taken in the States have been very uneven. The Committee requests the Government to continue to supply information in this connection in its future reports.

20. Article 20. The Committee recalls that in its previous comments it noted with interest that a high-level committee had been established in 1982 by the Central Government to examine the health situation of the scheduled tribes and to evolve recommendations in this connection. The Committee notes from the report that this committee has still not finalised its report. On the other hand, it notes that the Ninth and Tenth Joint Conferences of Councils of Health and Family Welfare have made recommendations for accelerating health care facilities for Scheduled Tribes.

21. The Committee recalls that in its previous comments it also noted certain proposals at the State level in connection with health care of tribal populations. The Government has indicated that some measures have been taken in this connection. It has also stated that it has been decided as a part of the 20-Point Programme to improve the quality of primary health care in all areas of the country. Please indicate what concrete measures have been taken in this connection.

22. In its previous report the Committee requested further information on the Community Health Workers Scheme, under which people have been trained to provide primary health care at the local level. The Committee notes from the report that this scheme has been renamed the Health Guide Scheme, and that up to June 1986 some 390,000 people had been trained. It notes, however, that orders were issued in 1986 under which only female Health Guides were to be retrained, paid and issued medicines; this order was later suspended by court order, but some States have informed the Government that they have already discontinued male Health Guides and are taking action to select female Health Guides in their places. The Committee notes that this action may be incompatible with the requirements of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), also ratified by India. It hopes that the Government will indicate in its next report the circumstances under which these decisions were taken, and that it will communicate detailed information on any further developments.

23. The Committee notes the information in the Government's report according to which the 20-Point Programme includes measures for the provision of safe drinking water to all villages, and for special attention to be paid to the water supply for Scheduled Castes and Scheduled Tribes. Please provide information in the next report on the measures taken and the results achieved in this respect.

24. The Committee notes the information furnished on the Special Nutrition Programme, and hopes that the Government will continue to supply such information in its future reports.

25. Articles 21 to 24. The Committee notes the information supplied in the report on the efforts made to increase educational facilities for tribal children. It hopes that the Government will include more detailed information in its next report on this issue, including both the size of the problem and the results so far achieved, so that the Committee may consider the question in more depth following the next report.