Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C107

Observation

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Protection of the Dongria Kondh. Judgment of the Supreme Court of India. The Committee notes the Government’s report received in August 2013 which includes detailed information in relation to the previous comments. The Committee previously noted the situation of the Dongria Kondh indigenous community in relation to a bauxite mining project in Kalahandi and Rayagada Districts of Orissa to be developed in the lands traditionally occupied by them. In this regard, the Committee notes with interest the judgement of the Supreme Court of India, dated 18 April 2013, giving certain directions to the State Government and the Ministry of Tribal Affairs for compliance in the context of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The Supreme Court gave specific directions on the process that needs to be followed in ensuring that community claims are settled in accordance with the Forest Rights Act. The judgment emphasizes that the questions relating to religious rights, including the right of worship of the tribal communities in the Niyamgiri Hills, have to be considered and decided by the Gram Sabha (assembly of all men and women in the village above 18 years of age). The Supreme Court laid down a process and a timeline within which claims have to be considered and the decision has to be taken by the Gram Sabha in the presence of senior judicial officers as observers. The Committee notes with interest that, on receipt of the judgment, the Ministry of Tribal Affairs gave specific directions to the State Government under section 12 of the Forest Rights Act for complying with the directions of the Supreme Court. The Committee invites the Government to continue to take measures to ensure that the rights and interests of the Dongria Kondh, one of the particularly vulnerable tribal groups, are fully respected and guaranteed. 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 Kondh 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 11–13 of the Convention. Land rights. Legislative developments. Removal of populations. The Government indicates that since the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, its mandate has been substantially met by awarding more than 1,300,000 land titles to eligible forest dwellers following due process. However, the Ministry of Tribal Affairs noticed that some factors were impeding on the implementation of the Act in letter and in spirit and restricting the flow of intended benefits of this legislation to eligible forest dwellers. Certain procedural lacunae were also observed in the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Rules, 2007, which needed to be addressed. The Ministry accordingly undertook an exercise to arrive at certain steps to facilitate a better implementation of the Act and, based on the said exercise, has issued comprehensive guidelines to the state and union territories governments in July 2012 on the implementation of the Act. The Committee notes that the progress of implementation of the Act is being monitored by the Office of the Prime Minister, Cabinet Secretariat and Planning Commission through monthly progress reports sent by the Ministry of Tribal Affairs. Moreover, it notes that as of 30 June 2013, a total number of 3,256,128 claims have been filed under the Forest Rights Act and 1,308,619 land titles were distributed and 15,700 titles were ready for distribution. A total of 2,827,410 claims have been disposed of (86.83 per cent). The Committee invites 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. It also invites the Government to continue to provide information on the number of claims processed and land titles issued, as well as any grievances brought against decisions made under the Act and their outcomes. Please also 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 reply to its previous observation, the Government indicates that detailed orders and directions have been issued by the Narmada Water Disputes Tribunal regarding the acquisition of land and properties and provision of land, house plots and civic amenities for resettlement and rehabilitation of the persons and families dislocated by the Sardar Sarovar Dam. The Committee notes that 260 families remain to be resettled. The Committee requests the Government to take the necessary measures for the resettlement, in compliance with Article 12(2) and (3) of the Convention, of the remaining families and to continue to provide information on any developments thereon.

Parts III–VI of the Convention. Education, employment, training and health. The Committee notes the detailed information provided by the Government concerning the education, employment and training measures targeting Scheduled Tribes and other indigenous and tribal communities. The Government reports that the labour force participation rate for Scheduled Tribes was 46 per cent in 2009–10. The Committee notes that the Scheduled Tribes accounted for 17.57 per cent of the total beneficiaries of employment schemes under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). The Committee invites the Government to continue to provide updated information on the various measures taken in the areas of education, employment, training, health 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. Please also provide updated information on the implementation and the impact of the government programmes with respect to the rights set out in the Convention.

The Committee is raising other points, including matters related to the draft National Tribal Policy, in a request addressed directly to the Government.

[The Government is invited to reply in detail to the present comments in 2015.]