[Reader-list] Tribal Rights Convention Report

Sat Apr 7 02:50:18 IST 2012

Adivasi Adhikar Rashtriya Manch

Organises All India Sangharsh Sabha

ON March 21, in a packed Mavalankar Hall in New Delhi, over 1200
tribal delegates from 13 states adopted a resolution calling for
sustained struggles to defend their land, livelihood and to fight
discrimination. Organised by the Adivasi Adhikar Rashtriya Manch, the
Sangharsh Sabha inaugurated by chairman Bajuban Riyan (MP) adopted a
resolution moved by Brinda Karat, Polit Bureau member of the CPI(M)
and seconded by Upen Kisku. 18 adivasi speakers including joint
convenor, Babu Rao, described the rank discrimination and violation of
constitutional provisions and spoke of the resistance to the onslaught
on their lives. The convention adopted a call for struggle programme
initiated by Duli Chand Meena. The valedictory address was given by
Biman Basu, Polit Bureau member of the CPI(M) who called for unity to
fight back the attack on tribals’ rights by neo-liberal policies which
have greatly intensified historical injustices faced by tribals. A
delegation met the tribal affairs minister and handed him the
resolution. (Detailed report of the convention will be published next
week)

RESOLUTION

This Sangharsh Sabha

Expresses its strong protest, as citizens, against  the grossly
discriminatory policies by the Indian State and central government
against the most deprived and oppressed sections of the society,
namely the approximately nine crore population of adivasis. These
injustices have been intensified under neo-liberal policies.

Even the inadequate policy provision of at least 8.2 per cent of the
Plan amount, proportionate to adivasi population, to be allocated for
adivasis, has been consistently violated. In this budget 2012-13, the
allocation is around 5 per cent, a shortfall of over 11,000 crores
rupees adding to the shortfall since 2010 of 26,000 crores of rupees.

Whereas the denial of minimum standards of decent living exist for all
poor people, for adivasis it is much more acute and they have no
electricity, no water, no health facilities, no schools.

Whereas malnutrition among adivasis is highest in any social group, as
many as 61 per cent adivasi families have no BPL cards and are at the
mercy of the market hit by high prices of foodgrains and essential
commodities.

Whereas the budget for general education has increased, the number of
residential scholarships and schools so vital for adivasi students
living in remote areas has been reduced. The scholarships are meagre.
The state of the present hostels is dismal. In other words, the
opportunities for adivasi students are curtailed in reality to just
the primary level.

Whereas agrarian distress has forced adivasis to migrate looking for
work, adivasi migrant workers have no rights, most migrant tribal
workers in construction or mining are casual or contract workers or
work as domestic workers with no labour protection laws. At the same
time, there is a huge backlog in government jobs for STs at the
central, state level and in PSUs, with no statutory provisions to
ensure implementation of the constitutionally mandated reservation
quotas for adivasis.

Whereas non-tribals may get recognition as STs through corrupt
practices, the very process of scheduling and recognition as tribals
is bureaucratic and arbitrary denying genuine tribals ST certificates.
Many communities have been arbitrarily denied their recognition as
tribals.

This convention demands:

Increase the TSP to at least 8.5 per cent; give all adivasis (except
for those in regular government service) BPL cards; raise the number
of residential scholarships and stipends for adivasi students,
increase allocations for tribal student hostels and ensure
establishment of residential ST schools; give adivasi workers labour
rights protection; fill the backlog in adivasi jobs, make ST
certification transparent, swift and simple.

Condemns forcible land acquisition and consequent displacement

of lakhs of adivasi families across the country, including in Fifth
Schedule areas. The constitutional guarantees for protection of
adivasi land are being virtually scrapped in the implementation of
neo-liberal policies of handing over the mineral wealth of the country
to big corporates. Between January 2008 and August 2011 alone,
1,82,389 hectares of forest land was diverted by the ministry for
projects in different states. In Jharkhand, Andhra Pradesh, Orissa,
Madhya Pradesh, governments are signing MOUs with corporates in the
name of mining, power, irrigation etc without the consent of the
affected gram sabhas.

In state after state, adivasis are fighting and resisting forcible
land grab. While opposing the token provisions of compensation
provided to the tribals in the Mines and Mineral (Development and
Regulations) bill 2011, this Sangharsh Sabha demands the legal
recognition of the rights of adivasis over the mineral wealth in their
areas. This will be in the spirit of the Samata judgement of the
Supreme Court.

However in contrast, the draft Land Acquisition and Relief and
Rehabilitation Act, 2011 which is before the standing committee of
parliament gives legal sanction to grab land and mineral resources.
The situation is made worse because large numbers of adivasis cannot
prove ownership of their land as they have been for generations,
denied titles.

This Sangharsh Sabha opposes the current draft of the LARR Bill. It
demands that the government should redraft the bill to ensure
protection of adivasi land and mineral resources in adivasi areas on
the lines proposed by the amendments of many adivasi organisations
including the Adivasi Adhikar Rashtriya Manch.

Expresses its deep concern at the non- implementation of the Forest Rights Act

It is shocking that of the 32 lakh claims, almost 50 per cent have
been rejected arbitrarily. At the same time about five lakh claims are
pending for years. The Forest departments have been violating the law
and directly intervening to sabotage the Act. Repeated appeals to the
central government have not yielded any results. Clearly the
government is not committed to implement the law. In contrast, the
Left led government in Tripura stands first in its recognition of
tribal rights over forest land through grant of land pattas jointly in
the name of husband and wife.

At the same time the fatal flaw in the law requiring proof of
residence of 75 years in the forest, has resulted in  mass denial of
rights of other traditional forest dwellers, many of whom are
scheduled castes and adivasis who have remained unscheduled due to
government oversight.

This Sangharsh Sabha demands an amendment to the law to scrap the 75
year condition and to recognise 1980 as the cut-off date for other
traditional non-tribal forest dwellers. It demands implementation of
the FRA.

Tribal women are being harassed when they enter the forests for
collection of minor forest produce in spite of the rights granted
under the Forest Rights Act. At the same time, adivasis are being
exploited by the very low prices being given for MFP.

This Sangharsh Sabha demands that a minimum support price policy for
all minor forest produce should be implemented by the central and
state governments for a wider range of produce guaranteeing adivasis a
fair price.

Against Police repression

In some states, adivasis are caught between the terroristic activities
of the Maoists on the one hand and police repression on the other.
There have been cases of brutal torture against innocent adivasis by
both sides. This convention strongly condemns the violence and calls
for release of innocent tribals.

This convention calls for nationwide struggles for protection of
adivasi rights against the assault of the neo-liberal policies being
followed. The struggles should aim to prevent forcible land grab and
for rights in forests, change in policies and reversal of the
historical injustice to adivasis.

_______________________________________________

Best

A. Mani

-- 
A. Mani
CU, ASL, CLC,  AMS, CMS
http://www.logicamani.co.cc