People’s Tribunal on Restoration of Adivasi Homelands in Goa
30-31st May, 2009
Sunday, 31 May 2009
INTERIM OBSERVATIONS
1. Introduction
We have heard about 60 submissions from different parts of Goa. It is clear from their testimonies that there is a concerted effort to deprive the Adivasis of their land, their home, their sources of livelihood and above all their human dignity. There is also a feeling of helplessness and misery looming large in their faces, as neither the State nor the persons concerned seem to bother about their condition.
2. Adivasi right to recognition and declaration of their land rights
In all the cases, we have seen the land records in the revenue department are manipulated, without any notice to the Adivasis who have been in possession for generations or through use of force. The land could be a part of a forest, but the fact remains that the Adivasis have been in continuous possession, using the land for cultivation, for growing trees, plants and vegetables, for grazing their cattle and collection of forest produce. It is they who preserved the forest and maintained the land. The forest department has no right to claim that they are in possession. Ordinarily land records in the revenue department do not determine the title. But, the Adivasis having no document of title are being deprived of their possession by these deceitful means. Long and continuous possession for generations together is sufficient enough to claim their Title on the land, and the Adivasis have a right to be declared as the owners of the land which is in their possession.
3. Violation of Article 21 of the Constitution of India
What is happening to-day are not the Adivasis losing their land. It is much more. They are losing their right to their livelihood, right to their homes, right to their environment and inevitably, they will lose their right to live with human dignity. It is in that sense, what is happening is, particularly violation of Article 21 of the Constitution of India. Their right to life, and all that goes with life, their right to live with human dignity. We have also heard of police repression when adivasis resorted to their struggle for survival.
4. The need to take proper steps to implement the Forest Right Act-2006
The land problems associated with forest lands have arisen due to either the settlement process being ignored, or faulty settlement. It has resulted in non-recording and non-recognition of rights. All these cases now come under the purview of the Forest Right Act-2006; whose implementation has not been initiated by the Government. Any violation of the Forest Right Act-2006 by any official is an offence punishable with a fine of a thousand rupees under section 7 of the Act. The rights recognised include homeland and cultivated land, grazing, minor forest produce and all customary and traditional rights except hunting. All proceedings to have the Adivasis dispossessed should be stopped forthwith.
5. The need for legislative protection
Absence of legislative protection of land for restoration of alienated land and prevention of alienation of land as required under Article 244, non-inclusion of tribal hamlets under Sixth Schedule of Article 244 denying the enjoyment of Panchayat Raj (Extension of Scheduled Areas) Act, 1996 have denied Constitutional Protection being extended to Goa. Grazing lands are particularly critical for the lives of Adivasis in Goa which are under assault by landlords, government and developers. The recognition of their rights to land which the Adivasis are tilling or residing for generations, including making them bhatkar of the land, the Goa Mundkar Act and Agricultural Tenancy Act should be implemented in its true spirit.
6. Vulnerability to displacement due to absence of documentation
A larger number of cases demonstrated the Communidade as a space, location of conflict with regard to the livelihood rights of Adivasis of Goa. By and large, the pattern has been that despite generations of possession and usage, the names of the Adivasis fail to feature in government records as tenants of the land. All that is indicated is that ownership of the land is with the Communidades. Subsequently, any extension of facilities, government projects requires consent/NOC from Communidades. At the office of the Communidade, Adivasis are discouraged from claiming their rights, their requests refused, and their right based claims are rejected. Given that a number of them have been effected, their long historic occupation of land is invisibilised. With no say in decision making at all levels and land in short supply for the ‘development’ envisaged by the government, for SEZ, IT Parks, Food Parks, Mining, etc.
7. Cancellation of Mining leases/concession
The area which the mining companies claim to have mining leases/concession is mostly inhabited by the Adivasis. Though the Adivasis do not have titles in some cases, they are in actual possession. The existence of adivasis is at stake with the operationalisation of mining leases. The mining leases of the mines that affect the very lives and livelihood of the adivasis require to be cancelled.
8. On Environment
It is clear from the depositions that many of the villagers involved in tenancy disputes, disputes over ownership, or being harassed over their use of land, they have been cultivating a variety of trees and other crops on their land. Also, among the velips and other communities, there are persons with knowledge of local plants and their medicinal properties. Similarly, bunds separating the khazan land under paddy cultivation from the sea have been traditionally protected by village community.
Hence the various adivasi communities have a long tradition of environmental balance. They say that policies adopted by the forest department are often destructive of the flora of the region. Preservation of grazing lands for cattle, etc. is also important for ecological balance. Chopping of branches of trees for firewood is not destructive, yet villagers who do so are harassed. The activities of mining companies on the other hand, are both illegal and highly destructive of the environment.
The bond between the community and its forest environment provides the best guarantee for sustaining the environment. This should be recognised by Government policy makers to frame rules for granting concessions to mining companies; also the tasks of the forests departments, their powers and the use made of those powers, needs to be revised and constantly monitored in the light of the above.
The fields, Khazans, plateaus, forests and water bodies have been nurtured and preserved by the adivasis whose livelihoods are sustainable and harmonious with nature. However, irresponsible mining, indiscriminate industrialisation (SEZs) and haphazard real estate development have been responsible for attack on the lands, lives and livelihoods of the very adivasis who have been the custodians of Goa’s environment. Therefore, every planning and development exercise should include the restoration of the land use based on traditional rights of the adivasis on Goa’s land. The government’s Regional Plan 2021 cannot be said to be legal without the conduct of ‘gram sabha’ meetings and the constitution and deliberations of the Gram Sabha as visualised under the Forest Right Act-2006 with regard to planning of community resources.
9. Women in the forefront of struggles
Women have been severely impacted by the non-recognition of rights of adivasis leading to their dispossession of livelihood resources. They have been in the forefront of the struggles in Goa, particularly in mining related struggles. The women welfare and empowerment schemes such as the Self Help Groups do not have the desired results when the land and resource rights of Adivasis itself are denied.
Sd/-
Justice Hosbet Suresh
Chairperson, Jury
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Adv. Caroline Collasso
Member, Jury
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Dr. Wandana Sonalkar
Member, Jury
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Adv. Albertina Almeida
Member, Jury
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