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[Statement] India: Government Must Ensure Ladakh’s Inclusion in the Sixth Schedule and Protect the Right to Peaceful Protest

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 Kathmandu, Nepal (9 October 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) condemns the arbitrary detention of climate activist Sonam Wangchuk and 150 climate marchers, by police in Delhi.  Their two-day detention, following their 800-kilometre march from Leh in Ladakh to Delhi, infringes on their fundamental right to peaceful assembly and highlights a disregard for fundamental freedoms and climate justice.

The peaceful “Delhi Chalo Padyatra” organised by the Leh Apex Body and the Kargil Democratic Alliance, advocated for environmental protection, climate justice, and greater autonomy for Ladakh.

Upon arriving in  Delhi on 30 September 2024, Wangchuk and fellow marchers were detained, preventing a demonstration at the Rajghat memorial on the eve of Gandhi Jayanti on 2 October 2024. After five days of arbitrary detention, they were released but faced further arbitrary treatment when their protest at Jantar Mantar in Delhi, was denied. Their detention led to an indefinite hunger strike by Wangchuk. Ladakh also observed a bandh (strike) until Wangchuk’s release.

“The detention of Sonam Wangchuk and other marchers, along with the prevention of their gathering, is a clear violation of fundamental freedoms, including the right to peaceful assembly, as enshrined in the International Covenant on Civil and Political Rights and the Constitution of India,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

 

Demand for Inclusion in the Sixth Schedule

A key demand of the march is the restoration of  local autonomy for Ladakh, 

Following the revocation of Jammu and Kashmir’s special constitutional status in 2019, the erstwhile state was bifurcated into two Union Territories–Jammu & Kashmir and Ladakh. Ladakh was placed under direct central governance, stripping its residents of decision-making power and autonomy over their lands and resources.

This decision was not welcomed as it left the people of Ladakh without sufficient decision-making power, fuelling concerns over their lands and resources. Since then, there has been a growing demand for Ladakh’s inclusion under the Sixth Schedule of the Indian Constitution, which provides for autonomous governance of tribal areas. This framework, currently applied to several northeastern states in India, grants legislative, executive and judicial powers to safeguard the lands, cultures and resources of tribal communities.

With 97 per cent of Ladakh’s population being tribal, the inclusion in the Sixth Schedule is important to protect the region’s fragile ecology and culture, while strengthening local autonomy.

 

Importance of Sixth Schedule for Ladakh

Ladakh’s unique geography, with its high-altitude terrain and fragile Himalayan ecosystem, places it on the frontlines of India’s climate crisis. Home to thousands of glaciers, glacial lakes, and endangered species such as the snow leopard and wild yak, the region faces mounting environmental challenges.

Ladakh is already experiencing severe consequences of climate change–glacier melting, water scarcity, and frequent flash floods. These issues are worsened by large-scale urbanisation, unregulated tourism, increased militarisation, pollution, and aggressive development projects.

Rising temperatures, pollution, and diminishing rainfall are accelerating glacier melt at an unprecedented rate, causing a major water shortage that impacts drinking water supplies, irrigation and energy generation. Polluted rivers are further degrading the water quality, harming both local livelihoods and aquatic ecosystems. Nomadic herders, especially those raising pashmina or cashmere-producing goats, are losing their pastureland to expanding military infrastructure and development projects.

In 2023, a new industrial policy proposed shifting land transfer powers from democratically elected local hill councils to a Union government-appointed administration, without meaningful environmental safeguards. This policy, which encouraged outside investments in Ladakh’s manufacturing sectors, disregarded the need to protect its ecological balance. Following community backlash, the policy was put on hold.

Inclusion in the Sixth Schedule would empower the people of Ladakh to implement climate-resilient policies and sustainably manage their resources. Autonomous governance would enable local communities to pursue ecologically sensitive development and resist harmful practices, such as unregulated mining or large-scale construction, protecting both Ladakh’s environment and indigenous cultures.

Despite numerous calls for constitutional protection, the Indian government has yet to acknowledge the region’s climate sensitivity or grant it inclusion in the Sixth Schedule. This lack of local autonomy undermines efforts to address the pressing climate challenges in the region effectively.

 

Climate Injustice and Need for Self-governance in Ladakh

The call for autonomy in Ladakh is inseparable from the broader fight for climate justice, both of which have been undermined in recent years.

One stark example is from the recent decision of the Central government to approve seven hydropower projects on the Indus River and its tributaries in Ladakh. These projects will involve massive pollution and increased black carbon emissions, accelerating glacier melt. Additionally, several mining companies are eyeing the region’s mineral-rich resources for extraction. These rapid, unchecked development projects, implemented without free, prior and informed consent from local communities, pose a grave threat to Ladakh’s fragile ecosystem.

For years, climate activists like Wangchuk have stressed the need for local governance to address Ladakh’s environmental crises. In January 2024, Wangchuk undertook a five-day climate fast, and in March 2024, he took part in an extreme 21-day fast. The march to Delhi is the continuation of this movement, calling for Ladakh’s inclusion in the Sixth Schedule and greater accountability in addressing the climate crisis.

The memorandum presented by Wangchuk and the marchers also demands that the government accelerate efforts toward carbon neutrality by 2070, in line with India’s international commitments under the Paris Agreement and the United Nations Framework Convention on Climate Change.

 

Call to action

FORUM-ASIA calls upon the Government of India to cease the pattern of suppressing peaceful dissent and protest through such arbitrary measures.

“The government urgently includes Ladakh under the Sixth Schedule to empower indigenous communities to manage their resources, protect the environment, and preserve the culture. Local communities must be key stakeholders in decisions affecting their lands, lives and livelihoods, upholding both their democratic rights and ecological sustainability,” Bacalso added.

We call on the Government of India to adhere to the UN Declaration on the Rights of Indigenous Peoples and recognise, respect, and uphold the fundamental rights and freedoms of the indigenous peoples of Ladakh concerning their territories and resources.

Both global and local action will be essential to respond to the climate crisis. While States strive to meet their international climate commitments, localised governance solutions are needed to empower Indigenous and frontline communities, like those in Ladakh, to protect their environment and livelihoods.

 

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About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

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