Mapithel Dam and endless violations

Jiten Yumnam *

Rally against false verification process over Mapithel Dam :: Nov 2 2012 :: Pix - Hueiyen Lanpao

Serious turn of events unfolds for the controversial Mapithel Dam construction process along the Thoubal River in Manipur in India's North East. The Government of Manipur issued an order on 28th September, 2012 constituting a "Joint Verification Team", comprising officials drawn from 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.

The mandates of the Joint Verification team is very limited as it intends only to verify the number of number of families, landless agriculture workers family and number of graves to be exhumed for reburial. Strong objections were already registered by the Mapithel Dam Affected Villagers Organization (MDAVO) which for long, calls for recognition of rights of communities affected by Mapithel Dam. MDAVO reasons the Governors order arbitrates the Expert Review Committee process constituted on 18 January 2008 to assess the impacts of Mapithel dam, including the rehabilitation and resettlement issues for affected communities.

The Expert Review Committee (ERC), with members drawn from representatives of affected communities, Agriculture department, Irrigation and Flood Control Department, Forest Department of the Government of Manipur etc, already had seven rounds of meetings till 11 February 2011. However, the Commissioner, Irrigation and Flood Control Department (IFCD), also the Chairman of Expert Review Committee, issued an office memorandum on 13 June 2011 bypassing the Government's ERC formation order of 18 January 2008.

The Mapithel Dam construction commenced without taking free prior and informed consent of the affected villagers both in the downstream and upstream areas in 1978. No detailed Health, Environmental, Social, Cultural, Economic and seismic Impact assessment of the Dam on the peoples along the Thoubal River has been conducted. A detailed Environmental Impact Assessment and Environment Management Plan are still not prepared. 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 downstream of Thoubal River, such as Tumukhong, Itham, Moirangpurel, Laikhong, and Saichang etc[1].

The ongoing dam construction is also fraught with series of violations. Affected villagers who protested against the dam construction are rather subjected to threats and harassments. On 3rd November 2008, more than forty people protesting against impacts of Mapithel Dam were brutality tortured by Indian Reserve Battalion. The militarization associated with Mapithel dam construction has also been condemned widely. The UN Special Rapporteur on Indigenous peoples, Mr. James Anaya, expressed strong reservation with the militarization associated with Mapithel dam construction in the context of promulgation of the controversial Armed Forces Special Powers Act, 1958 in Manipur. He also expressed concern that the deployment of security forces in Mapithel dam site area resulted in the intimidation of affected communities and the suppression of their democratic demands[2].

In a case of undermining the ERC process, the Government of Manipur issued a cabinet memorandum on 24 September 2011 for final rehabilitation and resettlement of villagers of Lamlai Khunou and Chadong without consulting affected communities and MDAVO. A secretive agreement was also inked between the Government and representatives of the newly formed Mapithel Dam Multipurpose Project Displaced Villages Committee (MDMPDVC)[3] along with the Chief and Chairman of Chadong Village and Lamlai Khunou for rehabilitation and resettlement of the two villages on 24 September 2011.

Affected communities rejects the MDMPDVC formation on 15 July 2011 as illegitimate as the leaders are not elected by village authorities and formed without the consent of affected villages of Chadong and Lamlai Khunou and contended their agreement with the Government of Manipur is null and void. Affected communities asserted MDMPCVC is illegitimate to represent community's interest and to negotiate on their behalf.

The formation of MDMPCVC and the arbitrary process of secretly negotiating with the government have already created conflict and chaos within the villages. Any rehabilitation and resettlement process for dam affected communities cannot be done in a piece meal and divisive process. The Government orders of 28 September 2012, the Cabinet memo of 24 September 2011 are all efforts to divide the Mapithel dam affected communities. The Government, to foment division among communities after luring with false promises and forging secret agreement with few affected people without the consent of all affected communities, only violates right to free prior and informed consent of indigenous peoples, which the UN Special Rapporteur on Indigenous Peoples, Mr. James Anaya urged the Government of India for full adherence in his communication on Mapithel Dam on 24 June 2009[4].

Interestingly, the ERC process is also highlighted as the main response of the Government of India in response to the letter of the UN SR on indigenous peoples, Mr. James Anaya, expressing concerns with the impacts of Mapithel dam in 2009[5]. India responded to the UN SR letter on 4 June 2010, maintaining that the Government had instituted the Expert Review Committee, with state authorities, experts and village representatives to review the Rehabilitation and Resettlement issues of affected communities and already holding five rounds of meetings as of May 2009.

It's irresponsible for the Govt of India and Manipur to sideline the ERC process which it recognizes as an official process to the UN. Any responsible government cannot expect to backtrack its commitments as it only exposes the long pattern of undemocratic development practices and impunities within. The ERC process is on the verge of finalization and it is crucial for affected villagers to only accept the final settlement of the Review Committee. There is no reason for the Government to set up the ERC Committee if for such arbitrariness in processes.

The formation of the Expert Review Committee already raises high hopes among all affected peoples that the Mapithel Dam construction will be fully reviewed to address all their grievances and in securing social and environmental justice. It is crucial that there's a complete review of the Project from the social, health, cultural, ecological, seismic, human rights, downstream point of view etc with due participation of all affected communities. Indeed, the World Commission on Dams, 2000 recommended for full review of ongoing dams' constructions for adherence to human rights and environment as outlined in its recom- mendations.

The Cabinet Memorandum of 24 September 2011 is highly misleading and reflects the insincerity of the Government to fully resolve all outstanding issues of Mapithel dam. The number of villages affected as reflected in the Cabinet Memorandum of 2011 is highly objectionable for its misrepre- sentation and exclusions. The completion report of Rehabilitation and Rehabilitation of Louphong, Phayang and two other villages which have been intimated by the state government is a distorted report. Four villages, Chadong, Lamlai Khullen, Lamlai Khunou, Lamlai Monbung would be completely submerged by the Dam and another Six villages, Sikiphung, Thawai, Thawai (K), Zalengbung, Sankai, Riha those living in the upstream of the dam will be affected. Altogether Sixteen villages will be directly and indirectly affected by Mapithel Dam. Limiting impacts to only six villages is just an understatement and reflects the reality that there are no proper impact assessments and surveys with participation of communities.

The Mapithel dam and the turn of events of undermining the ERC process are events serious enough for the Government of Manipur to prove its ability, capacity and responsi- bilities for promoting sustainable and people oriented development. These events are also a serious test also as to how the Government is updating itself on development and human rights issues. The withdrawal of the Government of Manipur from ERC processes is a sign of frustrations or just an exposition of its lack of capacity to handle peoples' rights and survival issues. The current imbroglio on Mapithel Dam is just an outcome of broken promises and failure of carrot and stick policies, insincerity on part of the project authorities and failure to recognize people's rights over their land and resources and State's insistence on dubious processes.

The Government of India and Manipur are liable to fulfill all human rights obligations for its people, especially for communities affected by mega unsustainable development policies and projects. A full respect of the right to free prior and informed consent of all indigenous peoples affected by Mapithel dam is highly crucial and non negotiable. Indigenous peoples have full rights not to be forcibly removed from their lands or territories and that no relocation shall take place without their free, prior and informed consent.

An essential component of any sustainable and people oriented development is the proper respect for the rights of the region's indigenous peoples to the legal recognition and protection of their territorial rights and their right to be consulted. The Expert Review Committee on Mapithel dam should be revived with full reference for implementation of the provisions of the UN Declaration on the Rights of Indigenous Peoples concerning land rights, the duty to consult and obtain free prior and informed consent, prompt resolution of conflicts and disputes with States and other parties.

Resuming the Expert Review Committee to fully assess all impacts of Mapithel Dam will also set a good precedent for promoting sustainable and people oriented development in listening to the wishes of communities affected by Mapithel dam and in search for acceptable and reasonable alternatives consonant with peoples' rights. The Government's Cabinet memo of 24 September 2011 and orders for final Rehabilitation and Resettlement of Mapithel Dam in 28 September 2012 affected outside the ERC process should be revoked immediately.

It's high time for the government to relinquish the notion that development can be pursued with lies and brute use of force. Militarization and suppression of peoples' rights cannot be construed as true development. Communities affected by Mapithel dam have all right to just and sustainable development.