Desist from according "Forest Clearance" for proposed Tipaimukh Project

11th August 2013

JOINT SUBMISSION OF CITIZENS CONCERN FOR DAMS AND
DEVELOPMENT AND COMMITTEE ON THE PROTECTION OF NATURAL
RESOURCES IN MANIPUR AGAINST FOREST CLEARANCE FOR
PROPOSED 1500 MW TIPAIMUKH MULTIPURPOSE HYDROELECTRIC
PROJECT FOR FOREST IMPACTS IN MIZORAM TO THE FOREST
ADVISORY COMMITTEE, MINISTRY OF ENVIRONMENT AND FOREST,
GOVERNMENT OF INDIA, SCHEDULED ON 13-14 AUGUST 2013

11th August 2013

To,
Mr. Jude Sekhar,
Chairperson, Forest Advisory Committee,
Director General of Forests and Special Secretary,
MoEF Ministry of Environment and Forest,
Government of India, New Delhi

Subject: Request to desist from according “Forest Clearance” for proposed 1500 MW Tipaimukh Hydroelectric Multipurpose Project for impacts on Forest in Mizoram to be considered on 13-14 August 2013

1. The Citizens’ Concern for Dams and Development (CCDD) and the Committee on the Protection of Natural Resources in Manipur (CPNRM)1would like to express our strong objection to the idea of having a separate forest clearance for the forest impacts in Mizoram side only due to the proposed construction of 1500 MW Tipaimukh Hydroelectric Multipurpose Project (THEP).

2. CCDD and CPNRM would also like to emphasise that the land and the forest to be destroyed by THEP in Mizoram belongs to the Hmar Indigenous Peoples, handed over to them by their forefathers and ancestors from generations.

3. We would also like to point out that the forest clearance for the impacts in Manipur side has been rejected by the FAC of the MoEF in its hearing on 11-12 July 2013 due to the disproportionate and irreparable impacts of the proposed 1500 MW THEP in Manipur

1The Citizens Concern for Dams and Development (CCDD) is a forum of over forty indigenous peoples' organizations, human rights organizations, environmentalists, community organizations and journalists, formed in 1999 to call for a just decision making on proposed Tipaimukh High Dam and other dams in Manipur.

The Committee on the Protection of Natural Resources in Manipur (CPNRM) was formed in July 2012 and comprising of community organizations and indigenous peoples’ organizations from Manipur, which are opposed primarily to the proposed and ongoing oil exploration in Manipur and related development projects’ threats on the natural heritage of the indigenous peoples of Manipur. and also due to widespread objections of affected peoples and community organizations to Forest Clearance due to lack of adequate and detailed impact assessments.

4. Both Manipur and Manipur Mizoram falls in the Indo-Burma Biodiversity Hotspot2, a globally recognized area with rich and diverse flora and fauna species 3 and any irresponsible statement of the absence of any endemic species in the area does not have any premise and is a clear disrespect of the large number of scientific studies, findings and also applications as well on the unique floral and faunal diversity in the region.

5. A total of approximately 14,634 trees including 11,306 trees below 60 cm girth have been stated to be affected. It has further been stated that about 40.4 lakh of Bamboo culms are also falling in the bamboo area of 1063.4 ha of bamboo forest involved in the proposed project. The total loss of trees and bamboo groves in both Mizoram and Manipur due to THEP submergence is estimated at over 8 million trees and over 4 million bamboo groves, which is a disturbingly unacceptable figure by any count. The THEP will have direct impact on the extremely valuable and endangered/threatened faunal and floral species that have cultural and other values to the indigenous communities as well as the world.

6. The number is still underestimated as the forest submergence will not only destroy trees and bamboos but also other smaller plants, herbs, medicinal plants and other seasonal plants and vegetables. The method of forest classification that has been carried out is questionable, and the extent and process of involvement of indigenous peoples is nonexistent. The cumulative impacts of such loss of forest and bamboo groves would lead to a colossal tragedy in the region and extinguish indigenous communities’ livelihoods and future.

7. The total area requirement for submergence and for compensatory afforestation both in Mizoram and Manipur, will be more than 1000 sq. km, would make Tipaimukh dam, one of world’s most destructive and unsustainable project for destroying gigantic scale of Tribal forest land and the Barak and the Tuivai Riverine ecosystems.

8. The land requirement per Mega Watt of power to be generated by the proposed THEP at the rate of 16.2 hectares for every Mega Watt has been acknowledged as one of the highest in India, and also indeed, one of the highest in the entire world4.

9. The contradictory statement of the Forest Department of Mizoram that the proposed area of submergence falls under the Tuivai Riverine Reserve Forest (RRF), the Tuiruang RRF
2 The Indo-Burma Hotspot is ranked in the top 10 hotspots for irreplaceability and in the top five for threat, with only 5 percent of its natural habitat remaining and with more people than any other hotspot (Mittermeier et al. 2004, CI 2011). As defined by Mittermeier et al. (2004), the hotspot includes parts of North Eastern India, Bangladesh and Malaysia. North Eastern India is included in a separate CEPF funding region (the Eastern Himalayas), while Bangladesh and Malaysia only extend marginally into the hotspot. For the purposes of the ecosystem profile, therefore, the Indo-Burma Hotspot is defined as all non-marine parts of Cambodia, Lao PDR, Myanmar, Thailand and Vietnam, plus those parts of southern China in Bio units 6 and 10 (i.e., Hainan Island, southern parts of Yunnan, Guangxi, and Guangdong provinces, and Hong Kong and Macau Special Administrative Regions). As defined, Indo-Burma covers a total land area of 2,308,815 sq. km, more than any other hotspot (Mittermeier et al. 2004).
3 “Biodiversity Hotspots for Conservation priorities”, Nature 403: 853-858, by Myers, N, Mittermeier, R. Mitterneier, C, Da Fonseca, G and Kent, J. (2000)
4 Proceedings of the meeting of the Forest Advisory Committee of the Ministry of Environment and Forest, 11-12 July 2013

and Inner Line Reserve Forest (ILRF) and still classifying it as an open and degraded forest land5 is simply an effort to manipulate information and falsify facts and trying to get forest clearance at any cost. This is an unfair process.

10. The reasons furnished in the recommendation for forest clearance provided by the Additional Chief Conservator of Forest (C), Government of Mizoram to Mr. Anil Kumar to the Additional Director General of Forest, FC division, MoEF on 16 January 2013 is highly misleading and undermined the impacts on the forest, wildlife and communities.

11. The statement that there is no endemic wildlife species in the area to be affected and the failure to include the list of wildlife in the reserved forest areas to be submerged and affected by THEP in Mizoram is a deliberate effort on the part of the Forest Department and the Mizoram Government to negate the impacts. The same statement and dubious is also made by both the Forest Department of the Government of Manipur and North Eastern Electrical Power Co operation (NEEPCO) in the forest area to be affected in Manipur side, while seek Forest Clearance (FC) for Manipur side, which completely undermined the series of studies on endemic species, flora and fauna in the Barak Riverine Ecosystem.

12. The compensatory afforestation measures will not lead to any meaningful development of forest in adjoining areas of direct forest submergence. Rather it would facilitate more acquisition of tribal land and forest which and would also entail more restrictions to communities depending on such forest for their survival. In Manipur side, where there would be substantial forest area submergence of more than 25,000 hectares of land, chief conservator of forest, Manipur government has confirmed that no compensatory afforestation would help mitigate or compensate the loss of forest land6. Compensatory afforestation would only lead to more hardship for communities depending on their land and forest for survival.

13. The statement that there is no cultivable land and no villages within the forest is just an insensitive and irresponsible statement of the Forest Department of Mizoram. The area to be submerged are very much part of the tribal Hmar villages. This is another effort to segregate the intrinsic relationship of the Hmar indigenous peoples of Mizoram with their Tribal forest and their ancestral land, which they established a special relationship for agriculture, for collection of seasonal fruits, vegetables, plants, medicinal plants, etc.

14. The proposed THEP will directly affect fourteen (14) tribal Hmar villages in Sinlung Hills in Mizoram. The Tribal Hmar villages are (1) Sawleng(2) Darlawn (3) New Vervek (4) Sailutar(5) Sakawrdai (6)Khawlek(7) Vaitin, (8)Vanbawng,(9) Khawpuar(10) Suangpuilawn, (11)Ratu (12)Phullen(13)NE Tlangnuam and (14)Lungsum7 and their traditional agricultural land, burial grounds, sacred sites, historical and cultural importance for Tribal Hmar and Zeliangrong peoples will be permanently destroyed.

5 Letter from Additional Chief Conservator of Forest © to Additional Director General of Forest, FC Division, Ministry of Environment and Forest, Government of India on 16 January 2013(File No 8-2/2012-FC/3306) 6 Minutes of meeting of FAC, MoEF discussion on Tipaimukh Dam, 11-12 August 2013 7 Memorandum submitted by Sinlung Indigenous Peoples’ Human Rights Organization and Sinlung Peoples’ Collective to the Chief Minister of Mizoram on 28 September 2010 against construction of all mega dams in Sinlung Hills of Mizoram.

15. There is again contradiction on reference to the Tribal forest land to be affected. While the Mizoram Government and the NHPC mentioned that there will be no villages affected, it also mention that the area is open and degraded forest land, affected due to Jhum cultivation, which simply indicates that the project proponents failed to understand the nature of land ownership pattern and the traditional agriculture practices of Hmar people.

16. There is no process to assess the impacts of the proposed Tipaimukh dam project on forest in Mizoram side with due participation of the affected indigenous Hmar people. In Manipur side too, there is no process so far for onsite verification and assessment of the forest impacts for the construction of proposed THEP.

17. The climate change implications of loss of forest in Mizoram and Manipur, as the two are in contiguous area, due to the construction of THEP have never been assessed and are ignored by the dam proponent, both the National Hydroelectric Power Corporation (NHPC) and the North Eastern Electric Power Corporation (NEEPCO).

18. The past record of the Government of Mizoram with respect to the construction of dams is marred with failure. This is evident with the cases of Serlui ‘B’ project, Kau Tlabung and Tuipang Hydel Project and even Tuirial project 8 . The Government of Mizoram should rescind all efforts to promote mega dam over all small and big rivers in Sinlung Hills on account of its dismal performance.

19. There is no cumulative impact assessment due to the construction of proposed THEP, the Tuirial Multipurpose Hydroelectric Project, etc on the forest, wildlife and ecology and other socio economic impacts on the indigenous peoples of Mizoram, in particular the Hmar people.

20. There is no process on the part of the Mizoram state Government to consult and engage the affected Hmar indigenous peoples for taking their free, prior and informed consent over the THEP as such, this constitutes a clear cut violation of the human rights of indigenous peoples as enunciated in the UN Declaration on the Rights of Indigenous Peoples, 2007.

21. The indigenous Hmar people are not aware of how much benefit will be entailed for them from THEP when a negligible power will be allocated for Mizoram State. Neither the project proponents nor the Government discussed the objectives and purpose of the THEP nor there any efforts to work out a power generation process based on the needs and wishes of indigenous communities in Sinlung Hills. The THEP will not lead to any substantial progress for tribal Hmar people but will only impact their survival and future.

22. The Tuivai River is very much a means of transportation for many of Hmar communities’ both residing in Mizoram side and Manipur side and hence the direct submergence of the

8 Memorandum submitted to the Chief Minister of Mizoram on 28 September 2010 by Sinlung Indigenous Peoples’ Human Rights Organization (SIPHRO) and Sinlung Peoples’ Collective (SPC)

tribal forest and the construction of THEP would deny their means of transportation and other daily economic activities.

23. The Hmar People in Mizoram expressed opposition to THEP in the public hearing on THEP held at Darlawn, Mizoram in 2 December 2004. The Sinlung Indigenous Peoples’ Human Rights Organization and Sinlung Peoples’ Collective also submitted a memorandum to the Chief Minister of Mizoram against THEP on 28 September 2010. On 11 July 2005, the Centre for Environment Protection wrote to the Mizoram Government and NEEPCO for the withdrawal of their petition for diversion of forest land for nonforest purposes from the Ministry of Environment & Forest to pave way for implementation of THEP.

24. The CCDD and CPNRM would like to submit that the forest impact in Mizoram due to proposed THEP should be considered cumulatively and together along with the colossal scale of forest impacts in Tamenglong and Churachandpur districts of Manipur side. And as such, the Forest Clearance for the proposed 1500 MW THEP should not be conceded by the FAC of the MoEF for the forest impacts in Mizoram side only.

25. Based on the acknowledgement of the Forest Advisory Committee (FAC) of the MoEF that the THEP would wrought devastating impacts on the ecology, wildlife, flora fauna and other socio economic impacts, the FAC should also recommend the revocation of the “Environment Clearance” accorded for proposed THEP on 24 October 2008.

26. The CCDD and CPNRM would like to request the FAC to recommend the full implementation of the recommendations of the UN Committee on the Elimination of All Forms of Discrimination (UNCERD) not to construct THEP without the free, prior and informed consent of all affected indigenous peoples, communicated to the Government of India in the year 20079 and again in 2011.

27. The CCDD and CPNRM would also like to request the FAC to also recommend the full implementation of the World Commission on Dams and all the provisions of the UN Declaration on the Rights of Indigenous Peoples, 2007.

The Citizens Concern for Dams and Development and the Committee on the Protection of Natural Resources in Manipur would like to thank you for your kind consideration of the key issues raised and the recommendations thereof.

9 UN Committee on the Elimination of Racial Discrimination (CERD), UN Committee on the Elimination of Racial Discrimination: Concluding Observations, India, 5 May 2007, CERD/C/IND/CO/19

Mr. Pamei Tingenlung
Convenor,
Committee on the Protection of Natural Resources in Manipur
Keisampat Imphal Manipur India 795001
e-add: ccddne(at)yahoo(dot)co(dot)in