Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

Articles 2 and 5 of the Convention. Promotion of social, economic and cultural development. Collaboration with tribal groups and their representatives. The Committee notes the Government’s statement that it adopts the necessary safeguards to protect the interests of tribal populations while undertaking water projects. State Governments are required to submit such projects to the central Government for clearance and where projects are located in tribal areas, their appraisal includes scrutiny and clearance of the resettlement and rehabilitation plans by the Ministry of Tribal Affairs. With respect to development more generally, the report states that environmental clearance is required as well as proper resettlement and rehabilitation plans. The Committee considers that standards and procedures for the protection of the environment may indeed benefit the tribal population, as they aim at protecting the habitat on which tribal peoples traditionally base their livelihood and which is inseparably linked to their cultural, religious and spiritual values and traditions. However, on the basis of the information at its disposal, the Committee is not in position to appreciate how, in the context of elaborating and authorizing development projects, including large‑scale projects, the collaboration of the indigenous populations is sought and whether such projects are consistent with the Government’s obligation to provide opportunities to the indigenous populations for the full development of their own initiative, as envisaged in Article 5(b).

The Committee emphasizes that the Convention does not only require the Government to mitigate the effects of development projects involving, as an exceptional measures, relocation of tribal population through their resettlement and compensation (Article 12), but more generally to seek their collaboration when establishing and implementing their programmes and projects promoting their social, economic and cultural development (Articles 2 and 5). On this basis, the Committee requests the Government to provide more detailed information on how it seeks the collaboration of tribal groups and their representatives in applying the provisions of the Convention, particularly as regards the design and implementation of action to promote social, economic and cultural development. The Committee also asks the Government to provide additional information illustrating how environmental standards and approval procedures for development projects have furthered the rights and interests of tribal communities in practice.

Article 27. National Commission for the Scheduled Tribes. The Committee notes the National Commission for the Scheduled Tribes as established under section 338A of the Constitution has the duty, inter alia, to monitor the safeguards provided for scheduled tribes under the Constitution or any other law, to investigate complaints into deprivation of rights of the scheduled tribes and to participate and advise on the planning process of socio-economic development of the scheduled tribes and to evaluate progress made in this regard. The Committee requests the Government to provide the most recent reports of the National Commission for the Scheduled Tribes and to indicate the main findings and recommendations made with regard to issues relating to the application of the Convention, including regarding the recognition of land rights and their involvement and participation in the development process.