Democracy in the Forests Takes a Huge Stride Forward
Democracy in the Forests Takes a Huge Stride Forward
(for further background on this issue, see earlier press statements here and here; for legal details, see here)
One and a half years after the Forest Rights Act was notified into force, and after countless protests, demands, and people's struggles across the country (including yesterday's national protests), the Ministry of Environment and Forests has informed the State governments that forest land would no longer be given away without respecting and recognising people's rights. The Ministry's letter clearly states the fundamental requirement – since the Forest Rights Act now makes it clear that communities have the statutory power and right to protect and manage their forests, the consent of the community has to be taken before forest land can be diverted.
The issue has been raised consistently by people's struggles and political leaders since the Forest Rights Act was notified (see under “Background” below). Since the current Minister for Environment and Forests, Shri Jairam Ramesh, took over charge, the Ministry has been publicly stating that this blatant illegality would be rectified. We welcome the fact that the first step to formally affirm the law has now been taken.
This is not purely an issue of protecting “people's rights” - it is the single biggest pro-conservation step taken by any government agency in recent decades. Indeed, it is a historic moment in the struggle for democratic control over both forests and other resources in the country. For the first time in India's recent history, a government authority has accepted that it cannot simply expropriate the resources of people through an undemocratic process in the name of “national interest” or “public purpose” (which all too often are the interests and purposes of corporates). Today, the government has accepted that the only legitimate determinant of public purpose is the democratic process.
The question now is whether the government will take the steps required to ensure compliance with this order and will end the Ministry's track record of violating both the law and its own orders. More than 1,000 final clearances have been given since the Forest Rights Act was notified; will these be reviewed? Will the government attempt to uphold its own order and the law, or will it allow this too to be sabotaged by the forest bureaucracy? The struggle now moves forward to prevent the sabotage and undermining of this new democratic space, as is occurring with the Forest Rights Act; but the fact remains that a victory has been won for the cause of democracy.
The new order is available here:
http://envfor.nic.in/mef/
Background
The Forest Rights Act recognises the rights of communities to both their individual landholdings on forest land and to their community rights over minor forest produce, grazing areas, water bodies etc. It also recognises the legal authority and power of communities to protect, conserve and manage all forests and particularly their traditional community forests. Finally, it bars the removal of any forest dweller from forest lands until recognition of rights under the Act is complete.
Yet the Environment Ministry ignored this law entirely and continued to 'divert' forest land – that is, grant permission for the use of forest land for non-forest purposes under the Forest (Conservation) Act – across the country. More than 800 projects were granted final clearance last year and almost 300 were given clearance this year. Clearly such diversion is illegal when people have legal rights over the forests and the legal power to protect and conserve them.
The issue was taken up across the country soon after the notification of the Forest Rights Act, both by forest dwellers' movements and by other organisations. In Orissa, the POSCO Pratirodh Sangram Samiti organised claims for forest rights and demanded a halt to handover of the forest land to POSCO. In Niyamgiri, the Dongria Kondh community's rights to their traditional habitat were repeatedly cited in the struggles against mining this sacred mountain. More details on these two cases are available here and here. Despite the brazen illegality of its actions, the Ministry proceeded to grant “in principle” forest clearance for both these projects in the teeth of the law and popular struggles. Final clearance for both these projects should now certainly not be granted as per the order.
Nor was the issue only raised by groups struggling against projects. Political leaders from major parties repeatedly raised the issue. In October 2008, the Parliamentary Standing Committeee on Environment and Forests sharply criticised the Ministry for diverting forest land while “neither informing, consulting nor compensating” forest dwellers. The issue flared up in a series of agitations by people's organisations (a few examples are here , here and here).
The Ministry showed no signs of changing its position until after the recent elections, when the new Minister stated that the stand would change. Meanwhile, the Ministry also came under increasing criticism for its illegal and anti-people stand from political leaders and people's movements. Environmental and people's organizations also met the Minister with similar demands.
The new order appears to have come out of these latest developments. We do not anticipate that it will pass unchallenged. Those who have benefited for so long from a repressive, exploitative and ecologically destructive system of forest control will not give up so easily. A shrill corporate press campaign, negative official reactions and dark warnings of threats to “development” and “infrastructure” will no doubt follow. On the ground, gram sabha consent will be sought to be manufactured, loopholes will be found, and sabotage will take place, as is happening with the Forest Rights Act. But the struggle will go on, with this as one more weapon in the arsenal of the movement for democratic resource control in India.