Indigenous People’s Forum, Odisha (IPFO)
LIG 62/K4 Kalinga Vihar, Bhubaneswar, Pin-751019
Contact No:+91 88959 21665,+91 94381 56315,E.Mail: [email protected]
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Ref………………… Date: 21st December 2013
PRESS RELEASE
Dated 21st December, 2013
Institute of Engineers, Bhubaneshwar
With the country and the state heading for elections, the tribal question still looms large in the space of public policy deliberations. 66 years since independence has not yet guaranteed good governance and sustainable development to the 5th schedule, tribal dominated areas of our country. The questions of land, water, culture and resources in relation to the tribal identity continue to be raised even after 17 years of the historical PESA legislation. 468 members of various tribal communities took part in a peoples’ tribunal on governance in scheduled areas of Odisha. This tribunal was organized by the Indigenous Peoples’ forum and was primarily focussed on the implementation of the Panchayat extension to Scheduled Areas (PESA) act in Odisha. Members of tribal communities from all 13, Schedule-5 districts and other partially tribal populated districts took part in the 2 day long tribunal and presented their cases before an esteemed jury. The event saw tribal representatives not just from Odisha but from the states of Madhya Pradesh, Chhattisgarh, Jharkhand, Andhra Pradesh and Manipur. A total of 18 cases were presented over the course of 2 days and a number of acclaimed researchers and activists shared their experiences with the house.
The first day of the peoples’ tribunal started with the traditional beating of the tribal drums and a musical performance by tribal girls from Sundargarh. Father Nicholas Barla set the ball rolling and introduced the jury to the audience. The jury comprised of 10 members and was included the ex-SC/ST commission chairperson and the pioneer of the revolutionary PESA act, Shri B.D Sharma. Prof. Bipin Jojo, Professor; Mr. S.K Subramaniam, ex-IPS; Mr. Arvind Behera, ex-IAS; Advocate Sujata Jena; Mr. Karunakar Mishra; Mr. Chitta Behera, social scientist; Mr. Marinus Kujur, Researcher and Mrs. Dayamani Barla, tribal activist from Jharkhand were the other members of the jury. The hearing was facilitated by renowned tribal rights activist, Mr. Bijay Panda.
The cases included a diverse range of issues from land grab to boosting of liquor trade by the government in tribal areas. Cases had been compiled and distributed before hand to the jury. The second day of the tribunal brought in some specific concerns of the Primitive tribal groups who till now have not been able to get the attention of the state. 8 districts in Odisha are home to these primitive groups and their population is close to 3000. These groups are settled far away from the main village habitats and spend most of their time in the forests. It is for this reason that the government has not taken the issue of their dignity and development seriously. The case of the Mankadiya tribes of Sukinda was discussed at the tribunal and it was shown that the community lags behind in almost all human development indicators. The education and health standards of the community are deplorable and they do not possess any kind of land, huts or material assets. Equally painful was the story of the colourful and unique Kui community of Kandhamal which since generations has been following its own unique traditions of living, dressing and worshipping. The community has till now not been granted the status of a scheduled tribe and are being classified as a scheduled caste under the name of Pana. They have approached all state departments, the Governor of Odisha and even the President of India to demand their identity as a tribe but their voice has not carried through. In a huge show of protest, an 800 strong group of Kuis had marched from Kandhamal to Bhubaneshwar, braving the roads for 8 long days. But, their appeal has till date not elicited any response.
The first day of the tribunal had brought in many critical issues of land grab by private companies using police pressure and criminal intimidation to the forefront. The Odisha Gram Panchayat Act has diluted the essence of the revolutionary PESA Act in Odisha and has reduced the power of the Gram Sabhas to a nominal level. In such a situation, illegal mining, transfer of tribal land to non-tribals, illegal liquor trade and spurious money lending activities have been causing turmoil in the 5th schedule districts of Odisha. Apart from this the impudence of the state mechanism was also discussed by members of various communities. 20 families of the Particularly Vulnerable Tribal group, Paudi Bhuyian saw their temporary settlements and all material assets torched to the ground by the Forest department officials. This tragic incident in the Kiri village of the Sundergarh district showed while the state has created the space for tribal autonomy in resource management and decision making, the picture on the ground still remains dismal.
Both the days saw many stories of innocent tribals being branded as false cases branding tribals as Maoists. In a shocking case in Silipinji village of the Sundergarh district, the entire male population was arrested on false pretext at the crack of dawn. The women of the village were assured that they were being taken away for questioning but were kept in custody for more than 2 years. Ultimately, they were released without any criminal charges but the families are yet to receive any documentation supporting their innocence. 3 men in the Bhaliaguda village of Gajapati were killed by the police last year on the false charge of being Maoists. One year down the line, their families still await justice.
Many renowned tribal activists, commentators and researchers from Odisha, Chhattisgarh and Manipur spoke to the audience. They urged the rulers and decision makers to respect the constitution of the land which gives the tribals to formulate and implement their own rules in their villages. They implored the government to take cognizance of the PESA Act and the Forest rights Act to give the tribal people, the rights which they deserve. They added that all ruling parties across India were complicit in the violation of rights of the tribals leading to a gradual disillusionment of the people towards the state mechanism. The state now needs to reinstill the faith in the tribals and work towards truly democratizing governance.
The jury members presented their findings and suggestions in front of the house and pressed for a few urgent policy level changes. They recommended the repealing of the Odisha Gram Panchayat Act and suggested implementing the PESA Act in letter and spirit. They also suggested the opening of a dedicated tribal cell in the Governor’s office to enable the true functioning of the schedule 5 mandate handed over to the Governor. They also suggested strict penal action against police and armed forces officials who cause atrocities to innocent people by branding them as Maoists. Issues of checking human trafficking of young girls from tribal areas, preservation and promotion of local tribal languages as well as community encouraged ban on sale of liquor in tribal areas were also discussed by the jury. The Indigenous Peoples’ Forum worked on an action plan to mobilize communities at both the district and the state level to work towards better sensitization among tribals and better implementation of PESA and FRA.
Amritlal Tigga
Coordinator – IPFO
8895517498

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