Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 2 and 3 of the Convention. Protection of the Dongria Kondh. The Committee notes the Government’s indication in its report that, following the judgment of the Supreme Court of India, dated 18 April 2013, the state government of Odisha has been allocated funds for the implementation of the Conservation-cum-Development Plan, which covers 13 particularly vulnerable tribal groups (PVTGs), including the Dongria Kondh. The Committee notes that the state government is responsible for ensuring respect for the rights of each PVTG. The Committee requests the Government to provide more specific information on the implementation of the Conservation-cum-Development Plan by the state government of Odisha. Please also provide information on the steps taken to give effect to the orders issued by the Supreme Court of India in its judgment of 18 April 2013 on the protection of the religious rights of the Scheduled Tribes and Other Traditional Forest Dwellers in the Niyamgiri Hills.

Articles 11 to 13. Land rights. The Government indicates that, during the period 2013–14, extensive efforts were made by state governments to improve the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. As of 31 March 2014, some 3,742,000 claims had been filed and 1,432,000 titles distributed in accordance with the Act. The Committee notes with interest that, on 26 September 2013, Parliament adopted the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. This Act establishes a procedure for the acquisition of land by state governments for public purposes and ensures the participation of the affected scheduled tribes and other traditional forest dwellers in the preparation of a social impact assessment study and decision-making on rehabilitation and resettlement measures. The Committee requests the Government to continue providing information on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

The Sardar Sarovar dam project. The Government indicates that updated information concerning the resettlement of the remaining 260 families affected by the Sardar Sarovar dam still needs to be provided by the State of Gujarat. The Committee again requests the Government to provide updated information on the measures adopted for the resettlement of all families affected by the Sardar Sarovar dam in the State of Madhya Pradesh and other states concerned.

The Committee is raising other matters in a request addressed directly to the Government.