India must prevent the eviction of
millions of forest dwellers, say UN experts
GENEVA (4 July 2019) ‑ UN human rights experts* have
urged the Government of India to prevent the potential eviction of up to nine
million people, most of whom are forest dwellers and members of scheduled
tribes with an ancestral link to the land and forest. The threat of evictions
follows a 13 February order by the Supreme Court of India in a case brought by
wildlife organisations who claim human settlements encroach on protected forest
areas.
“The basic premise of this
decision, which treats tribal peoples as possibly illegal residents of the
forest, is wrong ‑ indigenous
peoples are the owners of their lands and forests,” says the Special Rapporteur on the
Rights of Indigenous Peoples, Victoria Tauli-Corpuz. “This is a
phenomenon seen around the world. Indigenous peoples and local communities are
treated as squatters when in fact the land is theirs, and they have protected
and stewarded their holdings for generations and play an important role for
conservation.”
The Supreme Court order addressed
the rejection of 1.2 million forest rights claims under the Forest Rights Act,
a legislation adopted in 2006, which aimed at addressing historical injustice
suffered by forest dwelling peoples and scheduled tribes by providing them with
an opportunity to recognise their rights to occupy and use the forest.
On 28 February 2019, amid growing
tensions over what was seen as a flawed claim process, the Court stayed its
eviction order and directed the States to clarify by 12 July the procedure
followed by State governments to decide on the validity and merits of claims.
While the Supreme Court’s
four-month suspension of its order was a reprieve for those who had already
been notified of eviction, the experts said they were gravely concerned about
the precarious situation of millions of forest dwellers who may be displaced
and lose access to their habitat, livelihoods and spiritual culture.
“In 2016, I recommended a national
moratorium on forced evictions be instituted”, said the Special Rapporteur on
the right to adequate housing, Leilani Farha. “Evictions are only human rights
compliant after all alternatives to eviction have been exhausted.”
“Governments must seek free prior
and informed consent from the indigenous people affected, ensure compensation
is adequate and that any resettlement plans are determined through a process of
meaningful consultation. Any eviction resulting in homelessness is a serious
violation of human rights,” the experts warned.
The experts said many indigenous
peoples in India have already lost their homes in the name of conservation,
often to make way for tiger reserves. Yet again research shows that the presence
of indigenous peoples actually improves tiger populations.
“For generations, India’s tribal
peoples have lived in harmony with the country’s wildlife, protecting and
managing vital natural resources. It is because of their sustainable stewardship
that India still has forests worth conserving. To truly protect wildlife,
recognising the rights of forest guardians would be a far more effective
strategy than rendering them homeless,” the experts said. “We urge the
Government of India to uphold the spirit of the Forest Right Act by
safeguarding the inherent rights of scheduled tribes and other traditional
forest-dwelling peoples.”
The government must provide the
necessary resources to conduct a transparent and independent review of the
rejected claims and to ensure no indigenous peoples are aggrieved. Where there
is absolutely no alternative to eviction consent of affected people, adequate
redress, and compensation are required.
The Ministry of Environment has
recently proposed a series of amendments to the 1927 Indian Forest Act, which,
if adopted, would result in further violation of rights of tribals and
forest-dwellers, the experts said. “The draft law would significantly increase
the policing and discretionary powers of Forest officers against local
communities.”
The experts have shared their
concerns with the government of India but to date have not received a response.
ENDS
* The experts: Ms Victoria
Tauli-Corpuz, Special Rapporteur on the rights of indigenous peoples ; Ms
Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard ofliving, and on the right to non-discrimination in this context; Mr David R.
Boyd, Special Rapporteur on the issue ofhuman rights obligations relating to the enjoyment of a safe, clean, healthyand sustainable environment.
The Special Rapporteurs and
Independent Experts are part of the Special Procedures of the Human Rights
Council. Special Procedures, the largest body of independent experts in the UN
Human Rights system, is the general name of the Council’s independent
fact-finding and monitoring mechanisms that address either specific country situations
or thematic issues in all parts of the world. Special Procedures’ experts work
on a voluntary basis; they are not UN staff and do not receive a salary for
their work. They are independent from any government or organization and serve
in their individual capacity.
For more information and media
requests please contact: Ms. Claire Morclette (+41 22 928 94 37 /
cmorclette@ohchr.org) or write to indigenous@ohchr.org.
For media inquiries related to
other UN independent experts please contact: Mr. Jeremy Laurence (+41 22 917 93
83 / jlaurence@ohchr.org)
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