Government overlooked people's concerns on Mapithal Dam constructions
17 January 2014:
ISSUES: Indigenous people's rights; environment rights; right to life; right to health
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Mapithel Dam Affected Villagers Organization (MDAVO),
Citizens Concern for Dams and Development (CCDD) and Centre for Research and Advocacy (CRAM), Manipur regarding the final stage II
Forest Clearance for Mapithel Dam of Thoubal Multipurpose project in Manipur by the Ministry of Environment and Forest (MoEF), Government
of India despite objections by indigenous communities affected by Mapithel dam, Manipur.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) is deeply concerned that the
Ministry of Environment and Forest (MoEF), of the Government of India
accorded final Stage II Forest Clearance for the Mapithel Dam in
Manipur on 31st December 2013 despite the longstanding objections of
the indigenous communities affected by Mapithel Dam. The MoEF conceded
Stage I and Stage II "Forest Clearances" without conducting any site
visits into affected areas and without full adherence to Forest Rights
Act, 2006 (FRA, 2006) and undermining its instructions to the
Government of Manipur on 23 August 2013 to comply FRA, 2006 before
final Forest Clearance.
The AHRC learned that the Forest Clearance is cleared fraudulently in
violation of the Forest Rights Act, 2006 only after the affected
communities filed a complaint with the National Green Tribunal in
August 2013. The Government of Manipur had already set March 2015 as
the final date of completion of Mapithel Dam even as the Irrigation
and Flood Control Department (IFCD) failed to take forest clearance
for the project ever since its construction commenced in late 1980s.
The AHRC is informed that the Tribal Ministry reportedly wrote two
contrasting letters to the MoEF on Mapithel Dam, one on 26 November
2013 and another on 18 December 2013, the former insisting on
application of FRA, 2006 while the latter providing 'exemptions'. The
conclusion of the Ministry of Tribal Affairs is that the 19 June 1993
Memorandum of Agreed Terms and Conditions for Rehabilitation and
Resettlement Programme for the Mapithel dam affected villagers as
adhering to the "spirit of the law (Forest Rights Act, 2006)" is an
irrational decision bereft of any sensitivity to the actual violations
of the said 1993 agreements and as the Ministry has failed to conduct
any verification for compliance. The Tribal Ministry's opinion
concession come after the National Green Tribunal, after hearing
complaints filed by affected communities on forest rights violations
and absence of mandatory forest clearance for the mega project, sought
comments and opinions from the Ministry in November 2013.
The act of Tribal Ministry is an act of double standard and
discrimination against the indigenous tribal peoples of Manipur. For
instance, while the Ministry vouched for FRA, 2006 compliance in
Vedanta Mining case in Orissa to protect the tribal communities, the
same Tribal Ministry interestingly, exempted the application of FRA,
2006 in the case of Mapithel dam in Manipur.
The civil society organizations like MDAVO, CCDD and CRAM expressed
shock and surprise that the Tribal Ministry, which should actually be
protecting and promoting the rights of the tribal people, is actually
acting for the complete displacement from their land and annihilate
them. The Ministry of Tribal Affairs with its recommendations not to
implement FRA, 2006 in the case of Mapithel dam had already set a very
bad precedent, of disrespect and discrimination of tribal peoples in
Manipur and North East in general.
The AHRC is concerned that the decision of the Ministry to serve the
interest of corporate bodies and those in power at the cost of tribal
communities only exposes the deceitful and anti-people nature of such
Ministries of the Government of India, which perpetuates annihilation
of the survival, rights and identity of tribal people, affected by the
Mapithel dam and other destructive mega projects in the region.
The reference to 1993 RR agreement as 'consent' is also a
misinterpretation and violation of the international recognized
concept of "Free, Prior and Informed Consent" and also the specific
recommendations of the UN Special Rapporteur on Indigenous Peoples,
Mr. James Anaya in the year 2008 to the Government of India and the
Government of Manipur to uphold the rights of all indigenous peoples
affected by the Mapithel dam. The 'consent' of affected communities
should have been taken much during the conception and implementation
of the Mapithel Dam of the Thoubal Multipurpose project before 1980
when the planning commission of India approves the project or before
1990, when the project construction commences.
The Terms and Conditions of 1993 did not highlight the extent of
forest, 595 hectares to be affected and submerged by the Mapithel Dam.
No prior and mandatory "Forest Clearance" is sought and obtained
before the 1993 agreement. And as such, the 1993 agreement itself is a
violation of the Forest Conservation Act, 1980. The claim of the
Government of Manipur for full ownership of the 595 hectare of forest
and other land based on 1993 agreement is false, also because the
Memorandum of Agreed Terms (MoA) itself is a violation of the Forest
Conservation Act, 1980.
As per the Memorandum of Agreed Terms and conditions on 19 June 1993,
between the affected villages and the Government of Manipur, it was
agreed to pay compensation to the land owners in installments within
two years i.e. 1993 – 94 and 94 – 95. However, in total violation
of the said agreement, till today, the Government of Manipur has been
paying compensation to the land owners in piece meal manner thereby
exploiting the indigenous tribal people in the name of development.
This act of the payment is suicidal for the tribal affected villages.
The affected communities have no knowledge and are not informed of
the Compensatory Afforestation programme which is intended to create
forest in degraded forest land in another 1090 hectares, twice the
area of direct submergence. The compensatory afforestation plan and
catchment area treatment plan will have wider impacts and
ramifications on many communities living in the villages of Thoubal
River catchment area.
Communities affected by the Mapithel Dam have strongly raised
objections to the final stage II forest clearance accorded by the
Ministry of Environment and Forest. The Ministry of Tribal Affairs of
the Government of India is also severely criticized for its
discriminatory, insensitive and anti-tribal people decision on
Mapithel Dam and also for setting a very bad precedent of encouraging
annihilation and displacement of indigenous communities from their
land and survival sources.
BACKGROUND INFORMATION:
The Government of Manipur has set the year 2015 as the final date of
completion of the Mapithel Dam, which commenced construction in 1980's
without considering the plight of affected villagers, such as Chadong,
Ramrei, Lamlai Monbung, Sikiphung, Thawai, Zalengbung, Sankai, Riha
etc in upstream portion of dam and Itham, Moirangpurel, Nongdam,
Louphoung, Phayang, Saichang in downstream portion etc. No detailed
impact assessment has ever been conducted. The Mapithel Dam will lead
to submergence of huge tract of prime agricultural land along the
Thoubal River and created severe water shortage and livelihood impacts
in villages in upstream and downstream of Thoubal River. ("Mapithel
Dam amidst Militaristic Development in Manipur
Due to the failure of the agreement on RR in 1993 and also due to the
acknowledgement of the lapses and failure, the Government of Manipur
constituted the Expert Review Committee (ERC) in 18 January 2008,
which is also a confirmation of the fundamental flaws and the
incomplete nature of the 1993 agreement. The ERC process assumes
significance as it has became highly crucial for a complete review of
the Project from the social, health, cultural, ecological, seismic,
downstream point of view etc with due participation of all affected
communities.
The Government withdrew from the ERC process after seven rounds of
talks, the last talk held in February 2011 with the Government of
Manipur and the communities affected by Mapithel Dam, and instead
inked another agreement with a completely newly formed committee
christened the Mapithel Dam Multipurpose Project Displaced Villages
Committee (MDMPDVC) on 1st September 2011, which is opposed by a
strong section of affected communities.
In another fraudulent process, the Government of Manipur issued an
order on 28th September, 2012 constituting a "Joint Verification
Team", comprising officials of Irrigation and Flood Control
Department, Deputy Commissioner of Ukhrul District and Tribal
Department of the Government of Manipur, to identify families affected
by ongoing Mapithel Dam construction at Chadong and Lamlai Khunou
villages in Ukhrul District in Manipur.
The Government of Manipur forcefully began verification at Lamlai
Khunou and Chadong Village from 29 October 2012 with full security
despite the objections of affected communities. The verification
process based on Ukhrul District DC's order dated 28 September 2012
and 26 March 2013 is a direct violation of the stay order of the
Gauhati High Court on 25 April 2012 to stay the office memorandum of
IFCD, Government of Manipur on 13 June 2011, the Cabinet memo of the
Government of Manipur of 24 September 2011 and also not to give effect
to the agreements between the Government of Manipur and the newly
formed Mapithel Dam Multipurpose Project Displaced Villages Committee
on 24 September 2011 on rehabilitation issues.
The UN Special Rapporteur on Indigenous Peoples Rights recommended
the Government of India to respect indigenous peoples rights impacted
by the ongoing Mapithel dam construction on 24 June 2009
(A/HRC/15/37/Add.1
http://unsr.jamesanaya.org/PDFs/Communications%20report-FINAL.pdf
, page 92-103) and as also highlighted in the "Report by the Special
Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people, James Anaya, Addendum, Cases examined by the
Special Rapporteur (June 2009 – July 2010) (A/HRC/15/37/Add.1),
which was presented to the Fifteenth session of the UN Human Rights
Council. These recommendations continue to be violated.
SUGGESTED ACTION:
Kindly write to the authorities quoted below expressing your concern
in this case, demanding withdrawal order of the final stage II Forest
Clarification of the Mapithal Dam.
Please note that the AHRC will write a separate letter to the UN
Special Rapporteur on Rights of the Indigenous Peoples calling for his
intervention into this matter.
To support this appeal, please click here:
SAMPLE LETTER:
Dear …………,
INDIA: Government overlooked people's concerns on Mapithal Dam
constructions
Name of victim: Tangkhul, Kuki and Meitei communities affected by
Mapithel Dam both in the upstream and downstream portion of Thoubal
River
Names of alleged perpetrators: Ministry of Environment and Forest
(MoEF), the Ministry of Tribal Affairs of the Government of India and
the Irrigation and Flood Control Department, Government of Manipur
Date of incident: December 2013 and January 2014
Place of incident: Mapithel Dam, Manipur
I am writing to voice my deep concern regarding the final stage II
Forest Clearance for Mapithel Dam of Thoubal Multipurpose project in
Manipur by the Ministry of Environment and Forest (MoEF), Government
of India despite objections by indigenous communities affected by
Mapithel dam, Manipur.
I am deeply concerned that the Ministry of Environment and Forest
(MoEF), Government of India accorded final Stage II Forest Clearance
for Mapithel Dam in Manipur on 31st December 2013 despite the
longstanding objections of the indigenous communities affected by
Mapithel Dam. The MoEF conceded Stage I and Stage II "Forest
Clearances" without conducting any site visits into affected areas and
without full adherence to Forest Rights Act, 2006 (FRA, 2006) and
undermining its instructions to the Government of Manipur on 23 August
2013 to comply FRA, 2006 before final Forest Clearance.
I learned that the Forest Clearance is cleared fraudulently in
violation of the Forest Rights Act, 2006 only after the affected
communities filed a complaint with the National Green Tribunal in
August 2013. The Government of Manipur had already set March 2015 as
the final date of completion of Mapithel Dam even as the Irrigation
and Flood Control Department (IFCD) failed to take forest clearance
for the project ever since its construction commenced in late 1980s.
It is informed that the Tribal Ministry reportedly wrote two
contrasting letters to the MoEF on Mapithel Dam, one on 26 November
2013 and another on 18 December 2013, the former insisting on
application of FRA, 2006 while the latter providing 'exemptions'. The
conclusion of the Ministry of Tribal Affairs is that the 19 June 1993
Memorandum of Agreed Terms and Conditions for Rehabilitation and
Resettlement Programme for the Mapithel dam affected villagers as
adhering to the "spirit of the law (Forest Rights Act, 2006)" is an
irrational decision bereft of any sensitivity to the actual violations
of the said 1993 agreements and as the Ministry has failed to conduct
any verification for compliance. The Tribal Ministry's opinion
concession come after the National Green Tribunal, after hearing
complaints filed by affected communities on forest rights violations
and absence of mandatory forest clearance for the mega project, sought
comments and opinions from the Ministry in November 2013.
The act of Tribal Ministry is an act of double standard and
discrimination against the indigenous tribal peoples of Manipur. For
instance, while the Ministry vouched for FRA, 2006 compliance in
Vedanta Mining case in Orissa to protect the tribal communities, the
same Tribal Ministry interestingly, exempted the application of FRA,
2006 in the case of Mapithel dam in Manipur.
The civil society organizations like MDAVO, CCDD and CRAM expressed
shock and surprise that the Tribal Ministry, which should actually be
protecting and promoting the rights of the tribal people, is actually
acting for the complete displacement from their land and annihilate
them. The Ministry of Tribal Affairs with its recommendations not to
implement FRA, 2006 in the case of Mapithel dam had already set a very
bad precedent, of disrespect and discrimination of tribal peoples in
Manipur and North East in general.
I am concerned that the decision of the Ministry to serve the
interest of corporate bodies and those in power at the cost of tribal
communities only exposes the deceitful and anti-people nature of such
Ministries of the Government of India, which perpetuates annihilation
of the survival, rights and identity of tribal people, affected by
Mapithel dam and other destructive mega projects in the region.
The reference to 1993 RR agreement as 'consent' is also a
misinterpretation and violation of the international recognized
concept of "Free, Prior and Informed Consent" and also the specific
recommendations of the UN Special Rapporteur on Indigenous Peoples,
Mr. James Anaya in the year 2008 to the Government of India and the
Government of Manipur to uphold the rights of all indigenous peoples
affected by Mapithel dam. The 'consent' of affected communities should
have been taken much during the conception and implementation of the
Mapithel Dam of the Thoubal Multipurpose project before 1980 when the
planning commission of India approves the project or before 1990, when
the project construction commences.
The Terms and Conditions of 1993 did not highlight the extent of
forest, 595 hectares to be affected and submerged by the Mapithel Dam.
No prior and mandatory "Forest Clearance" is sought and obtained
before the 1993 agreement. And as such, the 1993 agreement itself is a
violation of the Forest Conservation Act, 1980. The claim of the
Government of Manipur for full ownership of the 595 hectare of forest
and other land based on 1993 agreement is false, also because the
Memorandum of Agreed Terms (MoA) itself is a violation of the Forest
Conservation Act, 1980.
As per the Memorandum of Agreed Terms and conditions on 19 June 1993,
between the affected villages and the Government of Manipur, it was
agreed to pay compensation to the land owners in installments within
two years i.e. 1993 – 94 and 94 – 95. However, in total violation
of the said agreement, till today, the Government of Manipur has been
paying compensation to the land owners in piece meal manner thereby
exploiting the indigenous tribal people in the name of development.
This act of the payment is suicidal for the tribal affected villages.
The affected communities have no knowledge and are not informed of
the Compensatory Afforestation programme which is intended to create
forest in degraded forest land in another 1090 hectares, twice the
area of direct submergence. The compensatory afforestation plan and
catchment area treatment plan will have wider impacts and
ramifications on many communities living in the villages of Thoubal
River catchment area.
Communities affected by the Mapithel Dam have strongly raised
objections to the final stage II forest clearance accorded by the
Ministry of Environment and Forest. The Ministry of Tribal Affairs of
the Government of India is also severely criticized for its
discriminatory, insensitive and anti-tribal people decision on
Mapithel Dam and also for setting a very bad precedent of encouraging
annihilation and displacement of indigenous communities from their
land and survival sources.
I have learned about the background of this project from the Asian
Human Rights Commission, which reveals that, the Government of Manipur
has set the year 2015 as the final date of completion of the Mapithel
Dam, which commenced construction in 1980's without considering the
plight of affected villagers, such as Chadong, Ramrei, Lamlai Monbung,
Sikiphung, Thawai, Zalengbung, Sankai, Riha etc in upstream portion of
dam and Itham, Moirangpurel, Nongdam, Louphoung, Phayang, Saichang in
downstream portion etc. No detailed impact assessment has ever been
conducted. The Mapithel Dam will lead to submergence of huge tract of
prime agricultural land along the Thoubal River and created severe
water shortage and livelihood impacts in villages in upstream and
downstream of Thoubal River. ("Mapithel Dam amidst Militaristic
Development in Manipur
Due to the failure of the agreement on RR in 1993 and also due to the
acknowledgement of the lapses and failure, the Government of Manipur
constituted the Expert Review Committee (ERC) in 18 January 2008,
which is also a confirmation of the fundamental flaws and the
incomplete nature of the 1993 agreement. The ERC process assumes
significance as it has became highly crucial for a complete review of
the Project from the social, health, cultural, ecological, seismic,
downstream point of view etc with due participation of all affected
communities.
The Government withdrew from the ERC process after seven rounds of
talks, the last talk held in February 2011 with the Government of
Manipur and the communities affected by Mapithel Dam, and instead
inked another agreement with a completely newly formed committee
christened the Mapithel Dam Multipurpose Project Displaced Villages
Committee (MDMPDVC) on 1st September 2011, which is opposed by a
strong section of affected communities.
In another fraudulent process, the Government of Manipur issued an
order on 28th September, 2012 constituting a "Joint Verification
Team", comprising officials of Irrigation and Flood Control
Department, Deputy Commissioner of Ukhrul District and Tribal
Department of the Government of Manipur, to identify families affected
by ongoing Mapithel Dam construction at Chadong and Lamlai Khunou
villages in Ukhrul District in Manipur.
The Government of Manipur forcefully began verification at Lamlai
Khunou and Chadong Village from 29th October 2012 with full security
despite the objections of affected communities. The verification
process based on Ukhrul District DC's order dated 28 September 2012
and 26 March 2013 is a direct violation of the stay order of the
Gauhati High Court on 25 April 2012 to stay the office memorandum of
IFCD, Government of Manipur on 13 June 2011, the Cabinet memo of the
Government of Manipur of 24 September 2011 and also not to give effect
to the agreements between the Government of Manipur and the newly
formed Mapithel Dam Multipurpose Project Displaced Villages Committee
on 24 September 2011 on rehabilitation issues.
The UN Special Rapporteur on Indigenous Peoples Rights recommended
the Government of India to respect indigenous peoples rights impacted
by the ongoing Mapithel dam construction on 24 June 2009
(A/HRC/15/37/Add.1
http://unsr.jamesanaya.org/PDFs/Communications%20report-FINAL.pdf
, page 92-103) and as also highlighted in the "Report by the Special
Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people, James Anaya, Addendum, Cases examined by the
Special Rapporteur (June 2009 – July 2010) (A/HRC/15/37/Add.1),
which was presented to the Fifteenth session of the UN Human Rights
Council. These recommendations continue to be violated.
I thereby urge that:
1) The Ministry of Environment and Forest to revoke the Stage II
Forest Clearance for Mapithel Dam on 31st December 2013.
2) The Ministry of Tribal Affairs should also revoke its letter to
the MOEF on 18 December 2013 not to apply Forest Rights Act, 2006 for
Mapithel dam and rather should recommend to comply Forest Rights Act,
2006 and to take the consent of traditional bodies of communities
affected.
3) The Manipur Government should stop Mapithel Dam construction till
the free prior and informed consent of all affected communities.
4) Implement the clear and concise recommendations of the UN Special
Rapporteur on Indigenous Peoples' Rights; Mr. James Anaya on 24 June
2009
5) Stop all forms of forced and involuntary displacement of
indigenous peoples affected by Mapithel Dam of Thoubal Multipurpose
Project in Manipur as per provisions of the UN Declaration on the
Rights of Indigenous Peoples, 2007, the International Convention on
Economic, Social and Cultural Rights.
Yours sincerely,
…………………
PLEASE SEND YOUR LETTERS TO:
1. Prime Minister of India
South Block, Raisina Hill
New Delhi, 110 101
INDIA
Tel: +91 11 2301 2312
Fax: +91 11 2301 9545 / 11 2301 6857
Email: [email protected]
2. Minister
The Ministry of Tribal Affairs
Government of India
Shastri Bhawan, A - Wing, Dr. Rajendra Prasad Road,
New Delhi, 110001
INDIA
Email: [email protected], [email protected], [email protected]
Fax: +91 11 23070577, 24625800
3. Minister
Ministry of Environment and Forest
Government of India
Paryavaran Bhavan, CGO Complex
Lodhi Road, New Delhi- 110003
INDIA
Tel: +91-11 24361727
Email: [email protected]
4. Chief Justice
Supreme Court of India
Tilak Marg, New Delhi-110 001
INDIA
Fax: +91-11- 23381508, 23381584, 23384336, 23384533, 23384447
E-mail: [email protected]
5. Ms. Shelja Kumari
Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi - 110 001
INDIA
Fax + 91 11 23384918
E-mail: [email protected]
6. Mr. Harish Rawat
Minister of Water Resources
Government of India
Ministry of Water Resources
Shram Shakti Bhawan
Rafi Margh
New Delhi- 110 001
INDIA
Fax: +91 11 23710804
Email: [email protected]
7. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 23340016
E-mail: [email protected]
8. Mr Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax: +91 385 2451398
E-mail: [email protected]
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission ([email protected])
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This Press Release was posted on January 18, 2014
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