Solicitud directa (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

Convenio sobre poblaciones indígenas y tribuales, 1957 (núm. 107) - India (Ratificación : 1958)

1. The Committee notes with interest the detailed report sent by the Government, both in reply to its previous comments and in reply to comments made by the Centre of Indian Trade Unions (CITU). The CITU alleges in general terms a number of violations of the Convention, principally due to lack of development in tribal communities as well as to lack of respect for their rights. The points raised will be taken up below under the various Articles of the Convention.

2. Article 1 of the Convention. The Committee notes with interest that the Advisory Committee created in 1993 to review the lists of scheduled castes and tribes did not submit a final report and is no longer in existence. The Government indicates that other modalities for deciding the claims of various communities for inclusion in the lists of scheduled tribes are under consideration. Any new inclusion can only be done through an Act of Parliament under article 343(3) of the Constitution. The Committee recalls that it has previously expressed concern about the approximately 6 million tribal people excluded from the lists of scheduled tribes, and who therefore do not benefit from the development programmes designed for tribal populations. It requests the Government to keep it informed of any new mechanism decided upon to examine the claims of communities not included in the lists of the scheduled tribes and the procedure it will follow.

3. Articles 2 and 27. The Committee had asked for information on the results of the discussions in Parliament, during 1994-95, of the recommendations contained in the 28th and 29th reports of the Commissioner for Scheduled Castes and Tribes. The Committee takes note of the government response which indicates that the recommendations of the Commissioner were broadly related to the economical and educational development of scheduled castes and tribes. The Government indicates that it has developed a three-pronged strategy for development of these populations, taking into account the factors responsible for their backwardness: (1) protective measures through the effective implementation of the Scheduled Castes and Tribes Act, 1989 (Prevention of Atrocities), and the Protection of Civil Rights Act, 1955; (2) positive discrimination, providing a reserved quota in government services and in admission to educational institutions, apart from provisions regarding reserved positions in the state legislatures and the Lok Sabba; and (3) socio-economic measures for the advancement of the scheduled castes and tribes. The Committee requests the Government to furnish information and data on the implementation of these strategies and their impact on the populations concerned.

4. The Committee notes that the report of the National Commission for Scheduled Castes and Scheduled Tribes (NCSCST) will be made available after passing the two houses of Parliament. The Committee requests the Government to provide a copy of this report after its approval and recalls that it has previously asked the Government to communicate copies of the reports on a regular basis with the Government's reports on the Convention.

5. Article 5. The Committee takes note with interest of the information submitted by the Government regarding the implementation of the 73rd Amendment to the Constitution (24 April 1993). The Government indicates that the provision regarding reservation of seats and offices of chairpersons for scheduled tribes in the Panchayats (local administration bodies) have been implemented in all states and union territories where these provisions apply. The Government submits a list of the scheduled tribes represented in the Panchayats from which it has received information. The Committee requests the Government to continue providing information on the implementation of these provisions through local elections whenever they are held.

6. The Committee had requested information on the number of Tribes Advisory Councils (TACs) which have been convened and on the implementation of any recommendations they may have made. In this regard the Committee notes that according to paragraph 5 of the Fifth Schedule of the Constitution eight states having scheduled areas have constituted TACs. The TACs should meet at least twice a year with adequate preparation. The Committee once again requests information on any measures taken as a result of their recommendations.

7. Article 6. The Committee had requested information on the involvement of tribal communities in usufruct-sharing schemes and on the measures taken or contemplated by the Ministry of Environment and Forests to increase the participation of tribal populations in its programmes. In this regard the Committee notes the information supplied by the Government which states that the National Forest Policy (NFP), 1988, responds to the needs of tribal communities which constitute the dominant segment. It envisages the involvement of local people in the management and sharing of forest profits. Access to forest land and usufructuary benefits will accrue only to the beneficiaries who get involved in the village institutions. The policy prescribes that the local community will have the first call on forest products to meet their needs for fuel wood, fodder and small timber. The Government stated that the guidelines issued in 1990 to the states, village communities and voluntary agencies prescribed that these bodies should be involved actively for regeneration of degraded forest land on a usufruct-sharing basis, but no ownership or lease will be given to the beneficiaries. The Committee takes note of this information and once again requests information on the number of tribal communities which have benefitted from the programme of regeneration of degraded forest land on a usufruct-sharing basis, and on any measures contemplated to increase the participation of tribal populations in these programmes. The Committee also requests the Government to keep it informed on the adoption of draft legislation which would replace the India Forest Act of 1927.

8. The Committee notes also that in reply to the communication by CITU, the report indicates that tribals are considered an inalienable part of forest areas since they are mostly forest dwellers. They have the right to extraction of timber and minor forest produce, and the exploitation of forest areas by outsiders is restricted. The Government notes that due to the lack of communications, there is difficulty in marketing the produce of tribal areas, but efforts are being made to improve communications and infrastructure so that agricultural produce can be marketed properly and where possible agro-processing units set up. A Tribal Cooperative Marketing Development Federation of India has been created to promote marketing of tribal produce and the Indian Council of Agricultural Research has opened research centres in tribal areas to tackle effectively the problem of development of agriculture suited to local conditions.

9. Articles 11 to 14. The Committee had noted previously that the Government had approved in principle a project for mining of iron ore on 404 hectares of forest land in Noamundi village, Singhbum district, Bihar, by the Tata Iron and Steel Company (TISCO) under the provisions of the Forest (Conservation) Act, 1980. It had noted also that final approval would be issued by the Government on the fulfilment of certain conditions. The Committee notes that the results of the legal proceedings instituted by the State Forest Department against TISCO in the Ranchi High Court are still awaited and will be made available when the final outcome is known. The Committee once again requests the Government to keep it informed of further developments regarding the final approval of the mining project and to provide information on any measures taken or contemplated to mitigate the difficulties faced by the affected tribal population as a result of TISCO's activities, should this project go ahead, in particular with regard to its impact on their traditional economic activities.

10. The Committee recalls the comments it has made for some years concerning the resettlement and rehabilitation of tribals displaced from their lands by the Sardar Sarovar project, and refers to its observation in this connection. The CITU also alleges that tribal peoples are evicted from mining areas that frequently are found in their traditional lands, or while setting up steel projects or multi-purpose dams and barrages, and that these populations are never properly resettled or rehabilitated. The Government states that it is a fact that many areas where mining activities are carried out for mineral resources are often populated by tribal people. In addition the construction of dams usually occurs in forest and mountainous areas where tribal people live, but the exploitation of natural resources is unavoidable for the development of the country. It states that the laws and regulations of the country provide for adequate compensation to the affected people, including the tribals, and the Government has not followed a discriminatory policy in this respect.

11. The Committee notes these allegations and the Government's reply. It notes that while the Government has not followed a discriminatory policy, it is often, in India as well as in other countries, tribal populations who are most vulnerable both to displacement and the damaging effect of displacement. It draws the Government's attention to Article 12 of the Convention, and asks it to provide information on any cases in which tribal populations are displaced from their territories and on the measures taken to obtain their consent and to compensate them as required by the Convention.

12. Regarding the updating of land records, the Committee notes with interest the detailed information submitted by the Government on this matter.

13. The Committee had noted that a survey on the prevention of alienation of tribal land by the Ministry of Rural Development had been carried out, and that as a result a number of recommendations were made. The Committee requested the Government to provide information on any measures taken or contemplated on the basis of these recommendations. The Committee notes that based on these recommendations the state governments have been requested to take appropriate action wherever necessary in the matter. In addition, the monitoring of the alienation of tribal lands has been initiated. The Committee requests the Government to keep it informed of any actions taken by the state governments to implement the recommendations of the survey.

14. The Committee had noted in its previous request that there were 2,646 Large Sized Agricultural Multi-Purpose Cooperative Societies (LAMPS) providing credit, marketing and agricultural assistance to tribal communities, and had requested further information on the work of the LAMPS including the number of tribal people who have benefited from these facilities. The Government has stated that the information is not ready and that it will furnish it shortly.

15. Article 15. The Committee notes the allegations of CITU according to which when tribal people are employed they get low-paid, low-technology unskilled jobs. In case of temporary stoppage of operations or closure, they are the first to be fired. In coal mines tribal women once constituted a significant proportion of the unskilled workers, but now their number is declining steadily. In the steel industry most of the contract labour are tribals. It also states that despite clear cut provisions of job reservations for people from scheduled castes and scheduled tribes, particularly in government jobs, they have not received their due share in employment, which in recent years has declined in absolute terms. The Government has sent information in reply on the Jawahar Rozgar Yojana (JRY), a programme launched in 1989 whose primary objective is generation of additional gainful employment for the unemployed and under-employed persons, both men and women, in the rural areas. The target group is people below the poverty line, but preference is given to scheduled castes and tribes and freed bonded workers, and 30 per cent of employment opportunities under the JRY are reserved for women.

16. The Committee notes that it has had the occasion in the past to recall the requirements of this Article, and refers also to its observation. In the absence of specific allegations from CITU, the Committee requests the Government to continue to keep it informed of measures taken to ensure that tribal workers are treated on a basis of equality with other workers.

17. Articles 19 and 20. The Committee notes that the CITU has stated that medical services are scanty in the isolated regions where they are most needed. Contagious diseases are widespread and iron deficiency makes goitre a common disease among tribal people. The Government has stated that the National Health Policy (1983) assigns a high priority to provide health services to those residing in tribal, hilly or backward areas, as well as vulnerable sectors of society and population affected by endemic diseases. In order to remove the imbalance and provide health care and family welfare services to scheduled tribes, the population coverage norms of establishment of rural health infrastructure have been relaxed. Keeping in view the concentration of tribal populations in isolated areas, forest lands, hilly and remote villages, one Primary Health Centre (PHC) for every 20,000 inhabitants and one subcentre for every 3,000 inhabitants are established as against one PHC for 30,000 inhabitants and one subcentre for every 5,000 inhabitants in other rural areas. Under the Minimum Needs Programme a network of rural health infrastructure has been established to coordinate and monitor the policy, planning and implementation of programmes and priorities for the welfare and development of the scheduled tribes in the central, state and Union Territory sectors. A separate Tribal Development Planning Cell has been set up in the Directorate General of Health Services, Ministry of Health, since 1981. The Committee also notes the detailed information provided on the number of health-care establishments on tribal areas. It requests the Government to continue furnishing information in future reports on progress achieved in health care for tribal populations.

18. Articles 21 to 26. The Committee notes the comments of the CITU to the effect that the literacy rate amongst the scheduled tribes was 16.35 per cent and that of women was 8.4 per cent, based on a 1981 census. The drop-out rate has been stated recently as being 77 per cent. This high rate of drop-outs, together with the schedule castes drop-outs and other rural poor, account for the world's largest army of child labour. The Committee also notes the information supplied by the Government on the measures taken to provide education to the tribal people. The Government lists a series of programmes being implemented by the Department of Education of the Ministry of Human Resources, some of which are directly aimed at the tribal people and others at the population in general. The Committee requests the Government to provide further information in its future reports on the progress achieved in providing educational opportunities and facilities to tribal people. It points out that one of the most effective methods to prevent, diminish and avoid child labour is through education, particularly through programmes adapted to the social and cultural needs of the communities concerned which may help to diminish the drop-out rates experienced in certain cases by the tribal people. The Committee requests the Government to supply recent statistics on the rate of enrolment, the average years of study and the drop-out rates of tribal populations covered by the programmes and campaigns mentioned in its report.