North East groups challenge 'Tribal Bill'

Itanagar,
18-19 JUNE 2005

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Representatives from community groups, civil society, non-government organisations, institutions and concerned citizens from the North Eastern States consulted with the National Forum of Forest Peoples and Forest Workers (NFFPFW) and its allies in a two-day consultation to share and discuss the specific situations and uniqueness of the forest issues in the North Eastern Region of India. The consultation also thoroughly deliberated on the present draft Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 and other related policies and legislations.

The participants of the consultation, after thoroughly examining the current draft Bill in the context of the ground realities and historical heritage of the North Eastern region, sharply criticized the draft Bill.

Statement No. 1

While appreciating the intent and the spirit of the proposed draft formulations of the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005, this forum of participating members from the North Eastern States, defers with the present process of finalisation, and form and content of the Bill as made available by the Ministry of Tribal Affairs, in their website, and advertised in some national dailies, based on the issues raised herein with great concern:

a) The Bill in its Statement of Objects and Reasons does not reflect the northeastern context and issues as most of the region is administered under special constitutional provisions such as Article 371 and Sixth Schedule;

b) The Bill needs to be developed in consonance with the objectives of a final National Policy for Tribals, which itself is under consideration and not yet finalized by the same Ministry of Tribal Affairs;

c) The ambit and scope of the draft Bill is too narrow in its formulation and does not reflect the spirit of its objectives to comprehensively address historical injustice and the collective rights of the tribal peoples and forest dwellers in that it only addresses the rights of Scheduled Tribes.

d) The process in which the Bill was drafted and the lack of transparency and wide consultations required for a legislation of critical importance and implications

Considering the above facts, this forum objects to the extremely limited manner and avenue in which the Ministry of Tribal Affairs has sought for suggestions and comments to the draft Bill. The forum appeals that the deadline for submission of suggestions and comments presently fixed on July 10, 2005, be extended to facilitate a larger and more egalitarian consultative process involving State-level and regional consultations. This will enable the indigenous and tribal peoples of the North Eastern States to examine the present draft Bill and respond to the Government of India in a comprehensive and informed manner.

(signed) :