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[Statement] India: Support Adivasi communities, protect the rights of Indigenous Peoples

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BANGKOK, Thailand (28 August 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) is deeply concerned over the grave human rights violations faced by Adivasi communities– the indigenous peoples of India–in Bastar, in the state of Chhattisgarh.

Adivasi communities are subjected to ongoing land grabbing, illegal land appropriation, widespread displacement, harassment, and environmental degradation.

“FORUM-ASIA calls on the Government of India to respect the rights of indigenous peoples as enshrined in its Constitution. There is an urgent need to end the militarisation and illegal appropriation of Adivasi lands in Bastar. The government must immediately cease the criminalisation, intimidation, and harassment of communities and human rights defenders,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.


Marginalisation of Adivasi Communities

Located in Central India, Chhattisgarh is a resource-rich region holding 68 per cent of the country’s iron ore along with other mineral deposits. Nearly one-third of its population are indigenous peoples.

Adivasi communities living in this region are marginalised, marked by increased securitisation and harmful and economic-driven development and extractive projects, according to a recent fact-finding report published in August, 2024.

Their rights are systematically violated by state, security forces, and corporate actors.

 

Violation of the  Rights of Indigenous Peoples

The government has been involved in setting up security camps on indigenous lands, engaging in large-scale deforestation, and seizing and destroying land to facilitate mining operations. These are done even without obtaining free, prior, and informed consent (FPIC) or conducting meaningful consultations with the affected Adivasi communities.

The fact-finding report highlights the proliferation of paramilitary camps on the lands of Adivasi communities. Large tracts of Adivasi land are also being forcibly grabbed for mining operations, without consent, consultation, and due process.

This clearly violates various domestic laws, particularly the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), and Fifth Schedule of the Constitution. These laws guarantee the right to FPIC and affirm the rights of Adivasis to self-governance over their lands, forests, and common property resources. These developmental and extractive projects have also forcefully displaced the sacred sites of the Adivasis, severely impacting their cultural heritage, religious rights, and way of life.

The government justifies the security camps under the pretext of infrastructure development and fighting Maoist insurgents. However, the fact-finding report and local Adivasi communities argued that the camps are primarily intended to facilitate mining operations.

Recent mining leases in Bastar–with only 14 out of 51 under public sector control– further highlight the encroachment of corporate interests. This poses grave risks on the lives and livelihoods of the communities as mining sites take over forest lands and produce.

Along with massive deforestation, the lack of proper environmental safeguards has led to severe pollution, the destruction of water sources, and damage to road stretches near mining sites.

These grave human rights and environmental rights violations have sparked yearlong peaceful protests in the region, with Adivasi communities and human rights defenders (HRDs) demanding their collective and individual rights to be consulted over their very own land, forest, water, and all other matters impacting their lives.

Authorities have responded to these peaceful protests with violence. The police reportedly fired at protest sites and used excessive  force against protestors, including women and indigenous HRDs.

Peaceful protestors have been on the receiving end of arbitrary detention, extrajudicial killings, arbitrary arrests, and Maoist charges  under the repressive Unlawful Activities (Prevention) Act (UAPA).

Such violations of Indigenous Peoples’ rights are not confined to Chhattisgarh but extend across India. Jharkhand, Odisha, Madhya Pradesh and Maharashtra, other mineral-rich states, are experiencing similar issues of increased militarisation and encroachment on indigenous lands, forests, and resources for corporate gains.

Call to action

FORUM-ASIA demands an immediate stop to all development and mining projects carried out without obtaining FPIC and meaningfully consulting the Adivasi communities.

We emphasise the need to end the cycle of impunity by initiating a thorough and independent investigation into the reported human rights abuses and environmental degradation in Chhattisgarh.

All responsible state and non-state actors must be held accountable. Stakeholders must adhere to the United Nations Guiding Principles on Business and Human Rights and the UN Declaration on the Rights of Indigenous Peoples.

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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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