Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. The Committee notes that the Government's report, for the period ending 30 June 1992, was submitted in June 1993. It hopes that in future the Government will be able to send its reports by the date due so that the Committee may examine them in a timely fashion.

2. Article 1 of the Convention. The Committee notes from the Government's report that, during 1990-91, a few tribal groups in Jammu and Kashmir were Scheduled. The Committee continues to express its concern regarding the approximately 6 million tribal people excluded from the Scheduled Lists who might consequently be barred from participating in development programmes specifically designed for tribal people. Please provide further information on the inclusion or deletion of other tribal populations from the lists.

3. Articles 2 and 27. The Committee notes from the Government's report that reports of the Commissioner for Scheduled Castes and Scheduled Tribes, with recommendations, were submitted for consideration to Parliament. Please provide detailed information in the next report on the Commissioner's recommendations and any effect given to them, including, as requested earlier, an impact assessment of the Commissioner's activities on the protection and development of the tribal population of the country.

4. The Committee also notes that the Office of the Commissioner for Scheduled Castes and Scheduled Tribes has been abolished and that it has been replaced by the Commission for Scheduled Castes and Scheduled Tribes as of 12 March 1992. The Committee would appreciate the Government's regularly forwarding copies of the reports of the Commission with its future reports.

5. Article 5. The Committee notes that an Act was passed by the Lok Sobha (Parliament) in December 1992 reserving seats for Scheduled Tribes in Panchayat Raj bodies (local administration). Please provide further information on its implementation.

6. Noting that Tribes Advisory Councils are functioning in 11 states and that the Councils are required to meet at least twice a year, please provide further information on the workings of the Councils including an assessment of the extent to which their recommendations are taken into account by governmental authorities.

7. Article 6. The Committee recalls that it has previously expressed concern over continued deforestation and its effects on tribal people whose economic activity is based on the forests. It repeats its request to the Government for information on the deforestation or any efforts undertaken in this regard by the newly-created Ministry of the Environment.

8. It also notes from the report that various afforestation programmes have been undertaken by state governments, particularly on degraded forest land. The Committee notes further that the National Forest Policy, 1988, recognizes the symbiotic relationship between the tribals and the forests and recommends that tribal people be closely associated in the protection, regeneration and development of forests. Please provide information on the measures taken or envisaged to implement this recommendation, including any legislation that may have been adopted.

9. The Committee recalls its previous comment on the views expressed in the Report of the Commissioner for Scheduled Castes and Scheduled Tribes, 1987-89 (especially pages 96 to 107) concerning what the Commissioner terms the "criminalization" of tribal people. He stated that the system of reservation of forests for exclusive government use denies tribal people their traditional rights to the use of forest resources, and makes the continuation of their traditional practices a criminal activity; and that the increase in deforestation is making this situation worse. The Committee would be grateful for the Government's comments in this connection, and refers it also to the comments made below under Articles 11 to 14.

10. The Committee would be grateful if the Government would provide information on the mining activities of the Tata Iron and Steel Company (TISCO) in the village of Noamundi, Singhbhum District, Bihar, in particular as concerns the compatibility of these activities with the provisions of the Forest (Conservation) Act, 1980 as amended in 1988, which prohibits the utilization of forest land for non-forestry purposes without prior authorization from the Government. The Committee also notes that the State Forest Department instituted proceedings against TISCO in the Ranchi High Court. The Committee requests the Government to provide further information on this matter in the next report, including any judicial decisions which may have been issued.

11. Article 9. The Committee notes the information communicated on efforts for the abolition of bonded labour, which corresponds to the information received under the Forced Labour Convention, 1930 (No. 29). The Committee refers to its observation of 1993 under that Convention, noting that a very high proportion of bonded labourers are tribals, and the detailed discussions on this question during the 1993 Conference Committee. The Committee refers the Government to the comments it is making under Convention No. 29.

12. Articles 11 to 14. The Committee recalls its previous comment regretting that the Government had provided no further information on progress in updating land records for tribals, and again requests it to provide such information in its next report.

13. The Committee notes the Government's statement that the Group of Ministers on Tribal Unrest has directed the Ministry of Rural Development to carry out a survey in 12 states, including Andhra Pradesh, Gujarat, Orissa and Tripura to verify the extent of alienation of tribal land, and the adequacy of the existing legal provisions and administrative machinery, and to make recommendations on how to check further alienation. The report also states that results have been received from five states. Please indicate in the next report the results of the survey, any recommendations made to prevent further alienation of tribal lands, and the measures contemplated for the effective implementation of existing and future legal and administrative standards. Please also include information on any measures taken or contemplated for the restoration of tribal lands.

14. The Committee notes the Government's statement that 16 states/union territories have taken legal and administrative measures regulating money lending and providing immediate debt relief to the tribal population, and that cooperative societies and commercial banks provide credit facilities to the tribals. Please provide information on the number of tribal people who have benefited from these measures, and any steps taken or envisaged to expand such facilities to other states with tribal populations.

15. With reference to the displacement of tribal people, the Committee notes the Government's statement that it has directed particular attention to the rehabilitation of displaced tribals and has provided them with alternative residential sites, land for cultivation, financial assistance and employment. The Committee also notes that the Government is considering a National Policy on Rehabilitation. The Committee refers to its observation as concerns tribal populations displaced by the Sardar Sarovar project, and requests the Government to provide information in its next report on the situation in this connection of other tribal populations displaced by development projects.

16. Article 15. The Committee recalls the recent Government decision that some "backward communities" not included in the list of Scheduled Castes and Scheduled Tribes are eligible for reserved employment. In this connection, the Committee notes with interest the Government's announcement on 8 September 1993 to implement the Supreme Court judgement in Indira Sawhney v. Union of India (Writ Petition (Civil) No. 930 of 1990) upholding the Mandal Commission recommendation to reserve 27 per cent of public sector employment for the "other backward classes", with immediate effect. The Committee requests the Government to keep it informed of further developments in the implementation of this decision, as relates to tribal communities not included in the lists of Scheduled Tribes, under this Convention and under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

17. The Committee draws the attention of the Government to its previous reference to the Report of the Working Group on Development and Welfare which states that there is a considerable problem of exploitation of tribal migrant workers by labour contractors, including the non-payment of minimum wages, deductions from wages on various grounds, inferior working conditions, and the sexual exploitation of women. The Committee had noted from the Government's earlier report that although there is existing central government legislation on the subject, this has not been implemented by state governments, and there are loopholes in the enforcement of this legislation. Noting the Government's statement in its latest report that the migration of tribal workers would be reduced substantively by increasing access to employment opportunities close by, and that the "Jawahar Rozgar Yojana" programme is an effort in this direction, the Committee repeats its previous request for detailed information on this problem in the next report, including further measures taken or contemplated to overcome it. The Committee also refers to the comment in its observation concerning technical cooperation from the ILO.

18. Article 20. The Committee notes the information supplied by the Government regarding primary health-care facilities for the tribal population. The Committee requests the Government to keep it informed of further progress in achieving the goal of "Health for All by the Year 2000".

19. The Committee notes the information providing the rationale for the decision to replace male village health guides by female workers which was a direct result of difficulties in communication with the primary beneficiaries, i.e. women in the reproductive age group. The Committee notes also that this decision was challenged by a number of organizations in various High Courts, and that the High Courts issued stay orders whereby male guides continue to serve. The Committee requests the Government to provide information in the next report on the final outcome of the question.

20. The Committee notes the information supplied by the Government on the progress of the Centrally Sponsored Accelerated Rural Water Supply Programme, among others, to provide safe drinking water to tribal areas. Noting that many tribal areas lack potable water facilities, the Committee requests the Government to continue providing information on this matter in future reports.

21. Articles 21 to 24. The Committee notes the information in the report on the measures taken to provide tribal people with opportunities for access to educational facilities. It requests the Government to continue to provide information on the progress achieved, including promoting literacy among tribal girls.