The process towards the implementation of ‘The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006’ is entering its crucial stage. In the present political environment, charged with an electoral context, the government is bound to notify the draft rules. The original co-sponsors – majority of tribal organisations and rights groups, and left and progressive political parties – are in agreement about mobilising support for its implementation. However, similar to the time of declaration and implementation of the National Rural Employment Guarantee Act (NREGA), the apathy and the opposition towards these rights and entitlements of the poor, is becoming shrill and shady. Special Economic Zones (SEZs) can be notified in no time in this country, but the millions of tribals and forest dwellers have to wait endlessly for anything that goes in their favour. There is a cost of action and there is a cost of inaction. The coalition government has to decide which is more expensive!
It is ironical that since the time of the discussion and the passing of the Forest Rights Act, conflicts in the forest areas have not subsided, and forced evictions and displacements continue to be a regular occurring. And this is unfolding at a time when after more than two decades of work within the UN system, the United Nations Declaration on the Rights of Indigenous Peoples was adopted in September 2007, with India speaking in favour of it. The declaration was adopted by a vote of 143 to four with 11 abstentions. The vote was called by Australia, New Zealand and the US. Only Canada joined these three states in voting against it. The declaration recognizes the rights of indigenous people to the land, territories and natural resources that are critical to their way of life. It affirms that the rights of indigenous people are not separate from, or less than, the rights of others; they are an integral and indispensable part of a human rights system, dedicated to the rights of all. The declaration presents the Indian central and state governments a historic opportunity, which they must seize by adopting it, and entering into a new relationship with the tribal people, based on a principled commitment to the protection of their human rights. Through the Forest Rights Act, the government can work in good faith to implement their domestic law, and practice this vitally important, and long overdue, human rights instrument.
Continue reading Two ‘Nations’ At War: The Struggle Over Forest Rights
