High Tipaimukh dam negotiations sans peoples

Jiten Yumnam *

Barak river at Tamenglong over which the Tipaimukh dam is proposed to come up :: Pix - TSE

Two interesting sequential events marks end of August 2012. The formation of Sub Group and finalization of Terms of Reference between the Governments of India and Bangladesh on 28 August 2012 for joint surveys to assess the impacts of proposed 1500 MW Tipaimukh Dam over Barak River in Manipur comes just a day ahead of India offering Bangladesh a grant of US dollar 200 Million out of one Billion US dollar stipulated aid just a day later. One wonders why the grant decision has to come around the time of finalizing the terms of agreements on Tipaimukh Dam joint surveys.

Under the terms of reference, each country is envisaged for assessments in their respective sides. No one knows the contents of the terms of agreements, except some media reporting that Bangladesh has been offered a handsome stake in Tipaimukh Dam project. One is also left at lurch if and how Bangladesh will and can ever accept a stake in Tipaimukh dam, which will cause irreparable multifaceted social and environmental devastations, not just in Manipur, Assam, Mizoram but also in Bangladesh.

One also wonders if Bangladesh will ever conduct an honest, participatory and holistic impact assessment, at least in their side, and if their assessment would be subjected to fabrications, manipulations and exclusions to please India. Further as to who will monitor the authenticity of the assessment reports, both in India and Bangladesh, and who will arbitrate, if ever there are frauds and complaints? Interesting days lies ahead.

The recent sub group formation between India and Bangladesh was highly conspicuous by the non recognition for participation of indigenous communities to be affected by the proposed Tipaimukh Dam in Manipur and further downstream in Assam despite the fact that there has been long standing calls from indigenous communities of Manipur to ensure their rightful participation in any decision making processes on Tipaimukh dam or for that matter, any other mega development initiatives affecting their land and resources.

For long, speculations are rife of compromise deals and agreements on Tipaimukh dam between India and Bangladesh. Many further speculates its' just a matter of time and politics. Diplomatic relations between India and Bangladesh has grown after the election of pro India Sheikh Hasina Led Awami League Government in Bangladesh in 2009 and since then, bilateral discussions and possible negotiations over Tipaimukh dam seems to happen at a much more rapid pace.

Views, positions and interests on Tipaimukh dam continues to be fast defined and redefined everywhere in the changing political contours The question is whether the two countries only can decide on the fate for Tipaimukh dam, when the land, water, forest and resources belong to the indigenous peoples of Manipur. Will it be reasonable for the two countries to decide on the proposed destructive dam when the maximum impacts, loss of forest, submergence of agricultural field, displacement of villages, loss of livelihood and future of peoples, environmental devastations are to be borne by the people of Manipur?

Bangladesh for that matter would embark on illogical steps to take contradictory positions on water rights issues and indeed would be committing a severe blunder by succumbing helplessly to India's pressures and its carrot and stick policies, if ever there is. While still reeling on severe water shortages and other serious social, environmental and other impacts due to Farakka Barrage and diversion of Teesta Waters, Bangladesh should refrain from adopting a compromising approach and position on Tipaimukh dam for some inconsequential economic and political gains.

Such steps would only be committing injustice for its own people depending on the Surma and Kushiara Rivers and also for the indigenous peoples of Manipur, Mizoram and Assam depending on the Barak Rivers and its Tributaries. Memories are still fresh of Bangladesh official team who came down to Manipur in June 2012 last for spot assessment of Tipaimukh dam site receiving criticisms from civil societies of Manipur.

The proposed construction of Tipaimukh dam has encountered serious controversies in Manipur and beyond. Civil societies of Manpur, Assam and Mizoram has long been demanding the revocation of the Memorandum of Understanding (MoU) signed with the Government of Manipur, the National Hydroelectric Power Corporation (NHPC) and Satluj Jal Vidyut Nigam Limited (SJVNL) on 28 April 2010, reaffirmed on 22 October 2011 without the consent of the indigenous peoples of Manipur and all those who will be affected by Tipaimukh dam project in Mizoram, Assam and further down in Bangladesh. The two dam developers, NHPC and SJVNL to be involved in Tipaimukh Dam has extremely poor environmental, social, accountability and human rights records from its previous projects, viz, Teesta V (Sikkim), Subansiri HEP (Arunachal Pradesh) and Loktak Project (Manipur).

The environment clearance for proposed Tipaimukh dam construction cleared by the Ministry of Environment and Forest of the Government of India on 24 October 2008 despite objections of the affected villages in all the five public hearings held for the proposed dam at Tamenglong, Keimai, Mizoram, Tipaimukh and Churachandpur districts from 2004 till March 2008 also has been rejected by affected communities.

The environment clearance also came despite the reality that nearly ten million trees and 27,000 bamboo columns are envisaged to be felled over an area of more than 300 Square Kilometres of forest land in Churachandpur and Tamenglong Districts of Manipur. Forest has been the crucial source of water, culture, tradition, food, medicinal plants and economy. Indigenous peoples rights and the right to Free, Prior and Informed Consent as outlined in the UN Declaration on the Rights of Indigenous Peoples, 2007 has been violated by the MoU for Tipaimukh Dam in 2010, by environmental clearance in 2008 and in sub group formation between India and Bangladesh in August end 2012.

For each country, India and Bangladesh, to undertake surveys in their own sides under the said terms of agreements of the Sub Group can be highly dangerous. If ever there has to be a survey and impact assessment, it has to be a cumulative and holistic impact assessment based on participatory, transparent and fair process with due recognition of participation of indigenous peoples and local experts. There's clear cut guidelines and recommendation from the World Commission on Dams concerning impact assessment.

One has to put on record that India has yet to conduct a holistic impact assessment and that the Environment Impact Assessment prepared for proposed Tipaimukh Dam is condemned widely for misinformation and undermining the rich biodiversity, natural and cultural heritage of Manipur, for neglecting the social, cultural, health, geological and seismic impacts and for the exclusivity and lack of transparency in such studies, if ever has been held.

One also wonders as to how the two countries can ignore other international processes on decision making on water rights and developmental processes impacting indigenous peoples' rights. For instance, the UN Committee on the Elimination of Racial Discrimination which had come out strongly in 2007 and on 2 September 2011, recommending the Government of India to fully respect indigenous peoples rights over their land and resources and also to take their free, prior and informed consent before any decision on proposed Tipaimukh dam.

India's democratic claims will be rendered meaningless if it continues to disregard the voices, opinions of its peoples involuntary impacted by its unsustainable and destructive development policies and projects? What purpose will it serve for India to be at the UN Security Council as Veto wielding permanent member if it continues to ignore the recommendations of the body which it intends to serve?

Tipaimukh dam construction decision making processes is quite interesting in a way that the Government of India and the dam developers tends to rely on the entire state machineries and it's not surprising that the military units operating under the Armed Forces Special Powers Act, 1958 and deployed to counter insurgents in Manipur are openly favoring Tipaimukh Dam construction and the marked catchment area and all approach roads to Tipaimukh Dam site are fully militarized, which will only aggravate the human rights violations in a conflict afflicted, politically contested and unresolved places like Manipur.

Communities affected by Tipaimukh dam has long been objecting proposed Tipaimukh Dam, especially after suffering failed promises and traumatic experiences from NHPC's Loktak Multipurpose Hydroelectric Projects, which still continues to remain unresolved. Affected communities expressed severe opposition to all the five environmental public hearings held for Tipaimukh Dam and indeed, the Public Hearing at Keimai village on 26 March 2008 cannot be held due to massive community protest. Of Late, communities resolved and protest rallied against Tipaimukh dam construction on 14 March 2012 at Nungba town on International Rivers Day.

All affected peoples along Barak River should be rightfully involved in all decision making process on the proposed dam with due recognition of their inherent rights. A holistic impact assessment, such as on the socio, economic, environmental, cultural, health and human rights due to the proposed Tipaimukh Dam in all portion of the river in Manipur, Mizoram, Assam and in Bangladesh should be conducted with due participation of all affected peoples. Till then, the MOU signed between the Government of Manipur, the National Hydroelectric Power Corporation, the Satluj Jal Vidyut Nigam Limited on 28 April 2010, reaffirmed on 22 October 2011 should be revoked.

Further, the Environmental Clearance granted by the Ministry of Environment and Forest of the Government of India should be revoked. Given the extensive forest areas to be submerged to the tune of more than 300 Square Kilometres of Forest areas, all processes for granting forest clearance should be suspended immediately. The Government and the dam developers should take the free prior and informed consent of all affected peoples as recommended by the UN CERD Committee specific on Tipaimukh dam. The recommendations of the World Commission on Dams, 2000, UNCERD and provisions of UN Declaration on the Rights of Indigenous Peoples resources should be fully adhered to in its entirely.

Any decision on Tipaimukh Dam construction cannot be bilaterally decided only by India and Bangladesh as the land, rivers, forests and resources in Manipur belongs to indigenous peoples of Manipur, and hence, their rightful rights to involve in all decision making processes affecting their land. The people of Manipur cannot accept any secretive and compromise deals between India and Bangladesh for Tipaimukh Dam construction and will continue to strive for defense and protection of their land for survival of coming generations notwithstanding arbitrary decisions forged elsewhere on its behalf.

Bangladesh likewise, should also be cautious from falling into the carrot and stick policies of India, as this can led to conflict within itself. Bangladesh might do best avoiding grants and aids with strings attached. Diplomacies works best with peoples and not in absence of them.