India
20.09.01
Urgent Interventions
India: Poor and Deteriorating Living Conditions of the Adivasis people in Kerala
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case IND 200901. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief Description of the Situation
The International Secretariat of OMCT has been informed by the India Centre for Human Rights and the Law, a member of the OMCT network, about the poor and deteriorating living conditions of the Adivasis (tribal people) of the southern State of Kerala.
According to the information received, there are currently over 55’000 landless Adivasis families in Kerala and these constitute approximately 80 percent of the whole tribal population of Kerala. It is reported that these families, who earn their living through agricultural labour or other casual manual work, face severe conditions.
It is reported that as result, 32 Adivasis have died of hunger since mid-July in the districts of Wayanad, Palakkad and Kannur.
According to the information received, the marginal access of Adivasis to the forests, from where they extract essential elements for their living such as food and plants, further contributes to their precarious condition. Indeed, it is reported that Adivasis’ access to the forests, granted by the Forest Department of the Government of Kerala, has been systematically refused on grounds of forest conservation.
Background Information: the Land Issue
According to the information received, the Adivasis in Kerala face ongoing denial of their rights over their ancestral lands.
It is reported that the Kerala Private Forest Act of 1972, laying down that 56’833 hectares of land should be given to Adivasis for cultivation, as well as the Kerala Act of 1975 (Restriction on Transfer of Lands and Restoration of Alienated Lands), which stipulated that all seizure of Adivasis land since 1960 is null and void and should be restored to the Adivasis, have never been implemented.
According to the information received, the Act of 1975 has been replaced by the 1999 Act, which provides that the Adivasis will get “alternative land” up to 5 acres. It is reported that land was distributed to the Adivasis following the promulgation of this act, but that it was rocky and unfit for cultivation. The High Court of Kerala recognised that the distributed lands were unsuitable for cultivation and further ruled on the unconstitutionality of this act. The case is currently pending before the Supreme Court.
It is reported that on September 11th 2001, a meeting of the District Collectors, called by the Chief Minister, decided that within 2 months, 15’000 acres of land would be identified for distribution to 11’000 landless Adivasis families and that each family would receive a minimum of 1 acre per families. Tribal organisations are opposed to such measures, as they believe than 1 acre of land is insufficient for the survival of a family. Moreover, the land would be distributed to 11 families, while according to Tribal organisations there are currently 55’000 landless Adivasis families in Kerala.
Action Requested
Please write to the Indian authorities urging them to:
i. take all necessary measures to guarantee the Adivasis’ rights over their ancestral lands;
ii. guarantee respect for the economic, social and cultural rights of the Adivasis;
iii. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards and in particular the International Covenant on Economic, Social and Cultural Rights and the ILO Convention No. 169.
Addresses
H.E. President K.R. Narayanan, Office of the President, Rashtrapati Bhavan, New Delhi 110 004, INDIA Fax: 91-11-301 7290 / 7824
H.E. Atal Bihari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110 011 Fax: 91-11-3019545 / 91-11-3016857
Mr L.K. Advani, Home Minister of India, South Block, New Dehli 110001, India, fax: +91 11 3015750
Justice A. N. Varma, Chairperson of National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 11001, India. Fax: 91-11-334 0016; E-mail: jrlawnhrcub.nic.in
Mr. A.K. Antony, Chief Minister, Government of Kerala, Thiruvananthapuram, Kerala, India, Tel. 91-471-333682
Please also write to the embassies of India in your respective country.
Geneva, September 20th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case IND 200901. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in India.
Brief Description of the Situation
The International Secretariat of OMCT has been informed by the India Centre for Human Rights and the Law, a member of the OMCT network, about the poor and deteriorating living conditions of the Adivasis (tribal people) of the southern State of Kerala.
According to the information received, there are currently over 55’000 landless Adivasis families in Kerala and these constitute approximately 80 percent of the whole tribal population of Kerala. It is reported that these families, who earn their living through agricultural labour or other casual manual work, face severe conditions.
It is reported that as result, 32 Adivasis have died of hunger since mid-July in the districts of Wayanad, Palakkad and Kannur.
According to the information received, the marginal access of Adivasis to the forests, from where they extract essential elements for their living such as food and plants, further contributes to their precarious condition. Indeed, it is reported that Adivasis’ access to the forests, granted by the Forest Department of the Government of Kerala, has been systematically refused on grounds of forest conservation.
Background Information: the Land Issue
According to the information received, the Adivasis in Kerala face ongoing denial of their rights over their ancestral lands.
It is reported that the Kerala Private Forest Act of 1972, laying down that 56’833 hectares of land should be given to Adivasis for cultivation, as well as the Kerala Act of 1975 (Restriction on Transfer of Lands and Restoration of Alienated Lands), which stipulated that all seizure of Adivasis land since 1960 is null and void and should be restored to the Adivasis, have never been implemented.
According to the information received, the Act of 1975 has been replaced by the 1999 Act, which provides that the Adivasis will get “alternative land” up to 5 acres. It is reported that land was distributed to the Adivasis following the promulgation of this act, but that it was rocky and unfit for cultivation. The High Court of Kerala recognised that the distributed lands were unsuitable for cultivation and further ruled on the unconstitutionality of this act. The case is currently pending before the Supreme Court.
It is reported that on September 11th 2001, a meeting of the District Collectors, called by the Chief Minister, decided that within 2 months, 15’000 acres of land would be identified for distribution to 11’000 landless Adivasis families and that each family would receive a minimum of 1 acre per families. Tribal organisations are opposed to such measures, as they believe than 1 acre of land is insufficient for the survival of a family. Moreover, the land would be distributed to 11 families, while according to Tribal organisations there are currently 55’000 landless Adivasis families in Kerala.
Action Requested
Please write to the Indian authorities urging them to:
i. take all necessary measures to guarantee the Adivasis’ rights over their ancestral lands;
ii. guarantee respect for the economic, social and cultural rights of the Adivasis;
iii. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards and in particular the International Covenant on Economic, Social and Cultural Rights and the ILO Convention No. 169.
Addresses
H.E. President K.R. Narayanan, Office of the President, Rashtrapati Bhavan, New Delhi 110 004, INDIA Fax: 91-11-301 7290 / 7824
H.E. Atal Bihari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi, India-110 011 Fax: 91-11-3019545 / 91-11-3016857
Mr L.K. Advani, Home Minister of India, South Block, New Dehli 110001, India, fax: +91 11 3015750
Justice A. N. Varma, Chairperson of National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 11001, India. Fax: 91-11-334 0016; E-mail: jrlawnhrcub.nic.in
Mr. A.K. Antony, Chief Minister, Government of Kerala, Thiruvananthapuram, Kerala, India, Tel. 91-471-333682
Please also write to the embassies of India in your respective country.
Geneva, September 20th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.