Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Autre commentaire sur C107

Observation

Demande directe

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Articles 2 and 5 of the Convention. Coordinated and systematic action. Collaboration with tribal groups and their representatives. The Committee previously noted 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 Committee notes that the draft policy has been reviewed by the Ministry of Tribal Affairs which has indicated that certain aspects of the policy need to be reviewed to make it more concise, focused and attuned in order to be a document of reference for future direction. Action has been initiated in this regard. The Ministry is in the process of creating a Policy Implementation Cell so that work relating to finalizing the policy draft can take place at a faster pace. The Committee invites the Government to continue to provide information on the progress made in adopting the National Tribal Policy. It also requests the Government to provide information on the collaboration with and consultation of tribal groups and their representatives in the process of developing the policy.

Article 27. National Commission for Scheduled Tribes. In reply to the previous comments, the Government indicates that the annual reports of the National Commission for Scheduled Tribes (NCST) for the years 2004–05 and 2005–06 are available on the website of the Ministry of Tribal Affairs. The Committee notes that the recommendations made by the NCST regarding land rights include advising the State Governments for early distribution of the ceiling surplus land to the landless tribal peoples and also for early restoration of the lands which are in litigation in the courts by setting up fast track courts at the district level and mobile courts up to Tehsil levels. The Committee invites the Government to continue to provide information on the main findings and recommendations of the National Commission for Scheduled Tribes relating to the application of the Convention, including regarding the recognition of land rights and their involvement in the development process.

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