New Delhi, 10 April : The Delegate of the European Union(EU) held a stakeholder consultation meeting at New Delhi on India human rights status and its framework, policies and initiatives where the examination of India third United Nations cycle of Universal Periodic Review(UPR) will be held from the 4th of May this year in Geneva.
The meeting was attended by members of the Meghalaya Peoples Human Rights Council (MPHRC), Naga Peoples Movement For Human Rights (NPMHR), Zo Indigenous Forum (ZIF) Mizoram, Adivasi Women’s Network (AWN) Jharkhand,Chhattisgarh Tribal Peoples Forum (CTPF), Indigenous Peoples Forum, Odisha (IPFO) and Jharkhand Indigenous and Tribal Peoples for Action (JITPA) as well as representatives of several EU Countries such as Sweden, Austria, Germany, Czech Republic, Spain, Belgium and many others. Attending entities presented their input on the status of implementation of recommendations that India received in the last cycle of the UPR.
The UPR mechanism was established by United Nations General Assembly resolution 60/251 with the aim of improving human rights situation in all UN member nations. This mechanism requires members to submit a report to the Human Rights Council once every 4 years. The report is considered an opportunity for countries to showcase all measures undertaken to improve the human rights domestically and highlight challenges countries face in that context. In the UPR process, countries undergoing the UPR process receive recommendations from any of the UN member states, which they could either accept or reject in line with their national interests.
While voicing clear concerns regarding the increasingly openly and deliberately flaunted protection and promotion of human rights, in the meeting they had discussed the Welfare and Rights of the Scheduled Tribes, Rights of indigenous women, Extractive Industries, mega dams and other infrastructure, Militarization, Continued land alienation and forest laws, Recognition of Indigenous Peoples.
The human right activist from NE India they have made Recommendation for the EU Delegation to urge the Government of India to continue to formulate and implement specific targeted policies and plans for socio-economic development of scheduled tribes, with the National Commission for Scheduled Tribes provided the monitoring role at national and state levels and generation of segregated data on the scheduled tribes, in line with India’s commitments under the Sustainable Development Goals.
India must Implement the Fifth and Sixth Schedules of the Constitution and the Panchayat (Extension to Scheduled Areas) (PESA) Act effectively and consistently. It should immediately notify scheduled areas of tribal communities as per the Constitution and upgrade scheduled areas to municipal areas only after free, prior and informed consent of the concerned tribal communities.
India must set up special courts and take other measures for effective implementation of the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015as per the recommendations of CERD and UPR 2nd cycle with particular attention to enhance access to justice for crimes against tribal women.
The Government of India must effectively implement its national laws such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement (LARR) Act and the Forest Rights Act and acquire prior consent of the concerned tribal communities in line with international human rights standards before undertaking any infrastructure development and mining plans and projects in tribal areas.
The Government of India, through meaningful consultations with tribal communities, must formulate its National Action Plan for implementation of the UN Guiding Principles on Business and Human Rights and effectively implement such Plan to provide effective remedy to communities affected by business operations.
The Government of India should immediately address the obstacles and gaps in the implementation of the Forest Rights Act so as to increase the effectiveness of the Act to provide recognition of community forest rights claims by tribal communities adequately. India should also amend the CAMPA law vis-à-vis the Forest Rights Act so as to guarantee the consent of tribal and forest dwelling communities in implementation of the CAMPA law.
The Government should repeal Armed Forces Special Powers Act (AFSPA), 1958, and immediately conduct free and fair investigation into the abuses of the Indian armed forces to hold responsible perpetrators accountable. Itstop militarization in tribal areas without the consent of the concerned tribals. India should ratify ILO Convention No. 169 as recommended in the CERD in 2007 and UPR 2012 and formulate tribal policy as recommended by ILO Committee immediately. Said Mr Dino D.G Dympep Chairman, Meghalaya Peoples Human Right Council .
