Development, Displacement and Human Rights:  A Case Study of the Tribal Rights Violation in an Indian State.

 

Dr. (Mrs.) Johani Xaxa

Reader, P.G. Department of Political Science and Public Administration, Sambalpur University, Jyoti Vihar, Sambalpur- 768019 (Odisha).

 

 

INTRODUCTION:

Human Rights are those basic rights which are inherent in our nature, and without which we cannot live like a human being. It is a “right to a particular process of development in which all human rights and fundamental freedoms can be fully realized, which means that it combines all the rights enshrined in both the covenants and each of the rights has to be exercised with freedom”¹ Fundamental freedom and human rights help us to develop and use our intelligence, qualities, talents and conscience to satisfy our mandate and spiritual needs by the respect of human rights. Human rights are universal and are applicable to all without discrimination. Human rights are also called as ‘Natural Rights’ ‘Basic Rights’ and ‘Fundamental Rights’. The quality of any civilization can be measured by the respect it has for the protection and promotion of human rights.

 

The UN Declaration was followed by a single covenant codifying all the rights but due to a variety of political economy reasons, two separate covenant were adopted in 1966- one on Civil Rights and Political Rights and the other on Economic, Social and Cultural Rights. In this paper, the focus is on the tribal rights and development.

The tribal rights can be seen as a part of the larger human rights discourse which emanates from the Universal Declaration on Human Rights of 1948 and is constantly being developed and refined through political contestation and internal debate and discussions to include a wide array of rights that are fundamental to a dignified human existence.

 

Deriving from the Universal Declaration on Human Rights, Tribal Rights were partially codified by ILO’s Indigenous and  Tribal populations convention of 1957 (No.107) which was ratified by India. This convention requires the governments of all member countries to take all measures for enabling the tribal population “ to benefit on an equal footing from the rights and opportunities which national laws grants to the rest of the population and frame policies for  “promoting the social, economic and cultural development of these  population and rising their standard of living”. Besides, this convention, calls upon governments to create conditions “of national integration to the exclusion of measures taking towards the artificial assimilation of these population (Indigenous convention, 1957). Thus, according to this convention, the tribal rights include all efforts aimed at ensuring that the tribal population, while preserving their social and cultural distinctiveness, are able to benefit from the same rights and opportunities which are available to the rest of the population, besides encouraging integration of the tribal population with the rest of the population, albeit without policies of artificial assimilation.

 

In accordance with the changing situations, a revised convention was prepared, the Indigenous and Tribal Peoples Convention of 1989 ( No.169) and ratified by 17 countries but not India (India’s hesitation in ratifying this convention is mainly due to the explicit mention of the right to self-determination, India faced as it is with a variety of violent and non-violent identity movements in the North-east and  part of the country and Kashmir, is to accept this principle fearing balkanization of the country on tribal lines) This convention requires governments to promote “the full realization of the social and cultural identity, their customs and traditions and their institutions”, besides creating a policy environment to assist “the member of the peoples concerned to eliminate socio-economic gaps that may exist between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life”(Indigenous Convention 1989). Thus, the International Human Rights discourse has moved on to include the questions of tribal identity, culture and heritage and all means to preserve and promote this aspects of tribal life as a part of tribal rights, in addition to securing the opportunity of socio-economic development, leading to the full realization of their rights as citizens.

The Indian Constitution, however, guaranteed basic rights and freedom to the tribals in the country as par other citizens. The Fundamental Rights, the Directive Principles of state policy, the Fundamental Duties and effective judicial mechanism far protections of human rights underline the importance of constitutional culture in India. Despite of all these protective mechanisms the human rights are violated in general and tribals rights in particular. India during the post-independence period was engaged in nation-building or modernization process and fast development of infrastructure and economic conditions of the people, and the country as a whole. Here the question arises whether development should mean profit for capitalists or protection of the rights of the people (Indigenous) and the prosperity or greater good for the larger numbers? However, the pursuit of development adversely affected the marginalized sections causing deprivation, displacement and devastation  and invariably led to the disempowerment of tribes (Xaxa, 2001:206). Again the question arises for development, for what and at what social cost (Baboo, 2001:105). Thus, while the nation developed, it was at the cost of the marginals.  When the majority developed in the country, the marginals excluded systematically. Nations are thus, not only oppressive to others but they can be brutal to its own people. In this way the whole issue of human rights violation take place as a result of development projects. Odisha’s tribals are also not excluded from it.

 

State of Odisha occupies a unique place amongst the developed states of India because of its large concentration of tribal population in one hand and on the other it is rich in resources, but the people are poor. The Scheduled Tribe constitutes nearly 22.5 per cent of the total population of Odisha.62 tribal communities has been designated as Scheduled Tribe, of which 13 recognized as Primitive Tribal Group (PTG). Nearly half of the state’s area (45%) is under V^th Scheduled of the Indian Constitution.

 

Alienation of Tribal Land and Displacement

Due to different development projects, a huge amount of land has been alienated from the tribals in Odisha. Statistical figures of the Planning Commission indicate that more than 40% of the displaced families due to development projects in Odisha, are tribals and they lost control over their source of livelihood (Government of India 2002:466). The notable projects in Odisha are: in 1960s mega projects of Rourkela Steel Plant, Hirakud Dam, Hindustan Aeronautics Limited (HAL), Talcher Thermal Power Station (TTPS), Balimela Hydro – electric Project. In 1970s were the Rengali, Upper Koplab, Upper Indravati multipurpose Dam and Subarnarekha major Irrigation Dam. In 1980s were the Ib Thermal Power project, Talcher Super Thermal Power Station and national Aluminum Company (NALCO) at two locations. Alongwith these mega projects open cast coal mining ore also started in the 1960s resulting in large scale land acquisition mainly agricultural lands for mining operations. These projects were executed in tribal dominated areas. Most of the coal, iron-ore mines and deposits are located in the tribal dominated districts of Keonjhar, Sundargarh and Jharsuguda. Due to continuous mining activities, the tribal people of these districts have lost their homes and with destruction of forests and water sources, their livelihood.  The tribal people never made any organized protest in the past, as most of the projects were done in the name of greater public good.  But, at present the fear of displacement and its consequences forced them to oppose new industries. The resentment became acute as more and more companies and monopoly houses evinced interest in setting up their industries. This has resulted not only the loss of habitat for the rural tribal poor, but also their livelihood, which had been mainly agriculture and utilization and sale of forest produce.  The groups displaced have been mostly the weaker sections of the society belonging to Scheduled Castes, Scheduled Tribes and Other Backward Castes. 

 

It is feared more displacement in Odisha. The Chief Minister of Odisha, Naveen Patnaik, (the BJD government) has signed a number of MoUs with the corporate bodies to set up plants to manufacture as it is full of iron and bauxite reserves in the state.  The report says that Odisha can optimistically expect a Rs.1,00,000  core bonanza  over the next five  to seven years in the minerals and metal sectors. The mega investments are already started for construction like Tata-Steel, Essar, Sterlite and Hindalco, Posco, two more ports in Dhamra and Gopalpur. Thus, Odisha is fast emerging as a major site of foreign direct investment and multinational development projects, which violates the rights of the indigenous people in the forest areas and mineral reserve areas of Odisha.

 

Statistical figures indicate that till 2000, about 20 lakh people have been directly affected by development projects, out of which 5 lakh have been physically displaced losing their home and hearth from their original habitat. Statistical figures further indicate that, out of the displaced persons, nearly 70 per cent displaced for dams/ irrigation projects, 12 percent for mining project, 12.86 percent for urban development projects, 2.60percent for thermal projects and 0.5 percent for wild life sanctuaries.  However, the above referred figures account for the already completed projects, while a number of new projects are either ongoing or in the process in which about 2 lakh more people are expect ed to be displaced (Tata Steel in Kalinganagar, Posco and Bauxite mine in Niyamagiri hills in Kalahandi district) on the whole 1.4 million people, mostly tribals have been displaced by developmental projects in Odisha (Ota, 2001).

Displacement and Violation of Human Rights

Development projects, that lead to large-scale land acquisition causes forced eviction and ultimately violated the human rights in general and tribals in particular. The direct consequences of the displacement of the people are: Landlessness, Joblessness, Homelessness, Marginalisation, Food insecurity, increased mobility and mortality, loss of Access to Common Property, social dis-integration (Cernea, 1999).

 

Due to large scale industrial and mines projects, the tribals are displaced from their productive assets (particularly land, forest) and homes. The Land Acquisition Act of 1884 (new amended in 1984) empowers the government to acquire private lands and properties in ‘public interest’.  This power of government alienates people from their lands, forests and village habitats, livelihood and social networks and caused untold hardship and miseries (Sharma 2093: 907). The land alienation makes the tribals landless and homeless. Agricultural land is life to them, as basically they are cultivators.  For years together they had spent their time and energy to construct their agricultural land. When they forced to evict their land and displaced, became homeless as well as landless and return to zero stage. The displaced rural poor tribals scarified more than the benefit they get from the development projects.

 

§  First of all, they lost their home and community villages with which they were emotionally attached. The tribals, though poor, have generally 2/3 living rooms of mud walls and homemade tiles roof, sufficient area for kitchen garden, cow-shed, pig-shed etc. But when they displaced, it is very difficult for them to   build a new set up in a new place. In the government’s resettlement and rehabilitated colonies,-they are allotted with a small house like Indira Awas. From several study it has been revealed that in most-cases the government is failed in giving sufficient compensation to displaced tribals. They also do not know to utilize properly. There is also problem that they don’t have the proper document (land Patta) of their land. Most of their lands are unauthorized occupation. Hence, they get no compensation or get less.

 

§  When they were given the compensation of land  for land, the lands were more often rocky or barren lands in lieu of their fertile land, which take them back to some more years to develop (thus it is right to say disempowerment).

 

§  It is also seen that, after displacement, the tribal families move to different places (jungles) in search of land. While living in jungles, face lot of troubles. Some time they lose their life to wild animals.

 

§  The displaced families have been thrown out at resettlement colonies without basic amenities of life. Sometime those places are arid and hilly regions. Roads and Communications, Schools and Colleges, markets, hospitals, wells and tanks and drinking waters etc. have not been provided to resettlement colonies.

 

§  The displacement not only disturbed their economy but also social, cultural and educational rights.  Socially these people preferred to live together in their community. For the matrimonial relations they need their own community. The displacement shattered their culture, which they maintained in community life.

 

§  Educationally too, their children suffered a lot because they have to go by walk for four to five kilometers to reach the School. In some places they have to go through jungles, have fear of wild animals. In the resettlement colonies, hardly they can get electricity (the tribals of Nandpur in Koraput district lost their lands for construction of Kolab reservoir and Macchkund Hydro-Electricity Project). Those who sacrificed to illuminate Odisha are living in darkness.

 

§  Medical facilities are not provided to them. They have to depend on herbal medicines. Due to lack of medical facilities, they die without medical aid, as because of rough communications, the serious patients die on the way.

 

§  The PESA Act is openly violated by the state government. In the Scheduled Area, the state government has to consult the Gram Sabha or the Panchayats at the appropriate level, before making the acquisition of land for development projects. But the state never consults the tribals and thus violating the right to decide their own priorities as a part of right to development as an inalienable human rights (Das, 2001:92)

 

        The Human Rights Declaration states that everyone has the right to life, liberty and security.  Under the heading of economic, social and cultural rights, all governments are expected to progressively improve the living conditions of their citizens. But the forced displacements have created major socio-economic risks.

 

        The development projects followed by Odisha government with a desire to bring national development has not only worsened the conditions of the tribal population but also denied their (human) rights to livelihood and sustenance, culture, land, common property resources, employment and participation. The state, whose prime duty is the welfare and protection of their citizens, turning them into refuges and alien in their own country. The acquisition of tribal land in the name of development has evicted them from their homestead and deprived them of a decent living, which is marked by widespread poverty, hunger and starvation death, migration to neighbouring states in search of a minimum livelihood.  Thus, development projects have brutally violated the basic human rights of the people in these areas.

 

Suggestions

§  The Central Government as well as the State Government should stop alienation of land belonging to the tribal people. Correct the loopholes in existing lows and take steps to restore land transferred from tribals to non-tribals and register land records for tribal land.

 

§  In the Scheduled Areas under Fifth Scheduled Government should adhere to PESA (Panchayat Extension for Schedule Area) Acts. According to this Act, it is mandates that ‘Gram Sabha or Panchayats should be consulted before making the acquisition of land for development projects and before resettling or rehabilitating persons, affected by such projects in the Scheduled Areas.

 

§  After use of land for project purposes, the surplus lands should takeover by the government and distribute them to landless adivasis along with other landless families. Measures should be taken   to stop further encroachment on tribal and exploitation of tribal resources. Land with assured irrigation facilities and with Record of Right (Land Patta) should be provided to them.

 

§  Before displacement of people by the government for the purpose of development, settlement colonies should be well develop as required by the tribals in their original place. The settlement colonies must have educational institutions for tribal children. The road communication must be developed, so that they can easily move from settlement colonies to nearly by cities. The well developed medical facilities must be developed. The proper water supply and electrification should be provided to each and every house.

 

§  The rural poor tribals have no knowledge of monitoring the compensation money. Hence, the government, instead of giving lump sump money as compensation, should give them facilities of fixed deposits or else help them to start any kind of business.

 

§  Those who, do not want compensation of money, should be provided with farming land, having equal fertility status and equal gross yield as their own lost land.

 

§  Dam construction for irrigation facilities need not be of great heights, because greater the height of the dam more will be the encroachment of land by the water. For the purpose of the Hydro-Electricity generation, the heights of dams ought to be high but it is not so in case of irrigational dams.

 

REFERENCES:

1.       Arjun Sengupta, ‘The Right to Development as a Human Right’ Paper written for the Francois-Xavier Bagnoud  Center for Health and Human Rights, Harvard School of Public Health, 1999, p.9.

2.       Indigenous and Tribal Populations Convention, 1957 ( No.107) adopted by the General Conference of the International Labour Organization on 26^th June, 1957 , Article -2).

3.       Indigenous and Tribal People’s Convention, 1989 (No.169) adopted on 27^th June 1989 by the General Conference of the International Labour Organization, Article-2).

4.       Xaxa, Virginius, 2001,  “Empowerment of Tribes” in Singha Roy, Debal K (ed.) Social Development and the Empowerment of the Marginalized Groups: Perspectives and Strategies, New Delhi: Sage Publication, p.205.

5.       Baboo, Balgovind, 2002, ‘Dams, Displacement and Violation of Human Rights: Case of Hirakud Dam in Orissa’  in Katare, P.M. and B.C.Barik (eds.) Development, Deprivation and Human Rights Violation, New Delhi: Rawat Publication, p.195.

6.       Ota Akhil, B. (2001), ‘Reconstruction Livelihood of the Displaced Families in Development Projects:   Causes of failure and Room for Reconstruction’ http://www.anthrobase.com/TXt/0/Ota A02.htm

7.       Michael Cernea (1999) “Why Economic Analysis is Essential to Resettlement: A Sociologist View”   in Michael Cernea (ed.) The Economics of Involuntary Settlement: Questions and Challenges, Washington, DC., World Bank

8.       Sharma,, R.N. 2003, ‘Involuntary Displacement: A few Encounters’, Economic and Political Weekly, March 1.

9.       Bandopadhya, D. 2004 ‘Rayagada Story Retold: Destitutes of Development’, Economic and Political Weekly, January 31, Vol. XXXIX, No.15.

10.     Das, J.K. (2001) Human Rights and Indigenous Peoples, New Delhi: A.P.H. Publishing House, pp. 58-93.