Children - Terre des Hommes

Children - Terre des Hommes Children - Terre des Hommes

23.10.2014 Views

21 migrate to plain areas or are converted to landless labourers even if they continue to live in the Scheduled Areas, they no longer enjoy the privilege of the Fifth Schedule as far as land is concerned. This is a constitutional violation of the rights of the adivasi child. 32 Displacement Mining areas are inhabited by people. Taking over land for mining means displacing them. These forced evictions, when land is taken over for extraction, or for setting up plants and factories, uproots and dislocates entire communities. Children are forced out of schools, lose access to healthcare and other basic services and are forced to live in alien places. Most often, there is little or no rehabilitation effort made by the government. This has a long-term impact on the displaced children. Across the world, tribal (or indigenous) populations are being displaced for mining activities. Mining struggles in indigenous communities have been witnessed in numerous countries, from Canada to the Philippines, and from Uganda to Papua New Guinea and to the USA, which massacred native Indians, 33 first for the gold rush and later, for other minerals like coal and uranium. Mineral resources are often found in places inhabited by indigenous populations. Therefore, when mining activity begins, these communities are displaced from the hills and forests where they live. They then lose access not only to their homes and land, but also to their traditional livelihoods. In most places, compensation has been wholly inadequate and tribal communities are forced into poverty. Their capacity for subsistence survival is often destroyed — tribal symbols of prosperity in subsistence are not recognised as anything that have worth or value. Mines and factories have reduced self-reliant, self-respecting tribal families to living like refugees in ill-planned rehabilitation colonies, while rendering many others homeless. 35 The National Mineral Policy, 2008, recognises that “Mining operations often involve acquisition of land held by individuals including those belonging to the weaker sections.” It highlights the need for suitable Relief and Rehabilitation (R&R) packages and states that “Special care will be taken to protect the interest of host and indigenous (tribal) populations through developing models of stakeholder interest based on international best practice. Project affected persons will be protected through comprehensive relief and rehabilitation packages in line with the National Rehabilitation and Resettlement Policy.” However, several problems with respect to the R&R policy, such as under-estimation of project costs and losses, under-financing of R&R, non-consultation with affected communities and improper implementation of the promised rehabilitation, are some of the glaring failures on the part of the state with respect to mining projects. This is well reflected, for example, in the case study of the resettled camps of NALCO in Orissa. Despite the grand statements made in the National Mineral Policy, 2008, and the existence finally of a National Rehabilitation and Resettlement Policy, thousands of people will continue to lose their land and end up in worse situations of poverty if the government continues to prioritise profits from mining over the rights of communities to live on their land. One recent example of this has been the struggle by the Dongria Kondh tribe in Orissa to prevent a British mining company, Vedanta, from displacing them. The groups have lived for many generations in this area and the Niyamgiri mountain is considered by them to be a sacred Rajesh (name changed) is fifteen years old and comes from the village of Janiguda. He works in a roadside restaurant at Dumuriput of Damanjodi. His family lost all their land for the NALCO project, which converted his father, who did not get a job in the company, into an alcoholic. Having spent all the compensation money on liquor, the father left the family on the streets. Rajesh dropped out of school and had to come to Damanjodi town in search of work to support his family. He earns around Rs. 1,200 per month working in the hotel and sends home around Rs. 1,000 every month. He says, “Work in the hotel is difficult and there is no time for rest except after 12 in the night every day.” Source: Interview carried out in Damanjodi, Orissa, 3 February 2010. 32. Samatha, A Study on the Status and Problems of Tribal Children in Andhra Pradesh, 2007. 33. 34. 35. Carlos D. Da Rosa, James S. Lyon, Philip M. Hocker, Golden Dreams, Poisoned Streams, Published by Mineral Policy Center, August 1997. Bhanumathi Kalluri, Ravi Rebbapragada, 2009, Displaced by Development - Confronting Marginalization and Gender Injustice - The Samatha Judgement - Upholding the Rights of Adivasi Women, Sage Publications Vidhya Das, Human Rights, Inhuman Wrongs – Plight of Tribals in Orissa, Published in Economic and Political Weekly, 14 March 1998. 36. Government of India, National Mineral Policy, 2008. 37. See case study report on NALCO project-affected community in Koraput, Orissa.

22 site. However, Vedanta has established an alumina refinery on the top of the mountain, illegally encroaching forestlands without clearances from the Ministry of Environment and Forests, in this area rich with the mineral, bauxite. Although the company claims that the refinery will bring “significant employment and economic livelihood for the local people” 38 the reality is that local communities have lost their land and their most sacred place of worship and they are living in a state of corporate intimidation affecting the life of the children and youth who are innocent victims of what has been allowed to happen by the state. Similar is the situation of the adivasis in Kasipur who are caught in the midst of daily conflict because of the tensions created by the mining company. Neither the National Mineral Policy, 2008, nor the Rehabilitation and Resettlement Policy mention children, and therefore fail to recognise or acknowledge the ways in which children are specifically impacted by displacement for mining. There are also serious protection issues arising from the displacement of children. Studies have shown that children who are displaced are more vulnerable to trafficking and other forms of exploitation. Some people have been displaced in mining areas multiple times, yet have received no compensation and critically no alternative livelihood provision. The World Bank has made a distinction between “resettlement” and “rehabilitation”. Displaced people face impoverishment risks beyond merely the loss of property. Rehabilitation entails more than just compensation and relocation. It involves ensuring that people have income streams, livelihoods and social systems restored and that affected people and their children become better off as a result of the project. However, this has rarely been the case with mining-induced displacement in India. Members of the Dongria Kondh tribe explain how they have lost their self-sufficiency as a result of Vedanta’s project in Orissa and now they are struggling to survive. One woman says she used to grow this land and received no compensation: “The way we were living, we were self-sufficient, and we had lived like that for generations,” she says. “We could have lived like that for many more generations too. Because of these people, we cannot. But we will still fight to continue the old ways.” The tribe fears that once mining starts, they will lose their livelihood completely. They say, “Once they start mining, the mountain will be bulldozed and the rivers will dry up and our livelihood will be lost. We will become fish out of water. We don’t know how to adapt and survive and our way of living is not available in the cities. We will be extinct.” Mining companies claim that they create jobs and raise the standard of living for the local population. However, experience shows that this is not the case. In most of the areas visited, the mining company jobs were not going to local people, but instead staff were being brought in from outside. In Jharkhand, with the Urimari coal-mining project, we found that none of the employees of the company were local tribal people. Instead, the local people work as casual labour, hired to carry out tasks such as loading and unloading trucks. Many of the mineworkers are women, children and youth from surrounding villages who have been displaced from their land. population coming from Scheduled Tribes; are reported to have been displaced by Central Coalfields Limited (CCL) for this project, and apart from monetary compensation, they have not received any other benefits. Although a school has been set up, this is not functional, and medical facilities are mainly provided to employees of the company and not to the local community. displaced for the Neyveli Lignite Corporation project. This has had a serious impact on the livelihoods of a number of families. People have lost agricultural land in the area and are now struggling to find work. Those who had land argue that the compensation they received is not enough. When they were displaced 20 years ago, they received only Rs.3,500 per acre of land. However, the impacts have hit the Scheduled Caste population worst in the area — they 38. Vedanta response to Survival International media statement, 20 August 2008, published in the Business and Human Rights Resource Centre website. 39. Samatha, People’s Struggle Against Utkal Alumina Plant in Kasipur, 2002. 40. Se UNICEF, Displaced Children, http://www.unicef.org/emerg/index_displacedchildren.html, uploaded: 10 February 2010. 41. Theodore E. Downing, Avoiding New Poverty: Mining-Induced Displacement and Resettlement, April 2002, pp. 14. 42. The Guardian, Gethin Chamberlain, Vedanta versus the villagers: the fight for the sacred mountain, 12 October 2009. 43. 44. 45. Ibid. Interviews carried out in mining-affected communities in Urimari coal mining area, Jharkhand, September 2009. Ibid.

22<br />

site. However, Vedanta has established an alumina refinery<br />

on the top of the mountain, illegally encroaching forestlands<br />

without clearances from the Ministry of Environment and<br />

Forests, in this area rich with the mineral, bauxite. Although<br />

the company claims that the refinery will bring “significant<br />

employment and economic livelihood for the local people” 38<br />

the reality is that local communities have lost their land<br />

and their most sacred place of worship and they are living<br />

in a state of corporate intimidation affecting the life of the<br />

children and youth who are innocent victims of what has<br />

been allowed to happen by the state. Similar is the situation<br />

of the adivasis in Kasipur who are caught in the midst of<br />

daily conflict because of the tensions created by the mining<br />

company. <br />

Neither the National Mineral Policy, 2008, nor the<br />

Rehabilitation and Resettlement Policy mention children,<br />

and therefore fail to recognise or acknowledge the ways in<br />

which children are specifically impacted by displacement<br />

for mining. There are also serious protection issues arising<br />

from the displacement of children. Studies have shown that<br />

children who are displaced are more vulnerable to trafficking<br />

and other forms of exploitation. <br />

Some people have been displaced in mining areas multiple<br />

times, yet have received no compensation and critically no<br />

alternative livelihood provision. The World Bank has made<br />

a distinction between “resettlement” and “rehabilitation”.<br />

Displaced people face impoverishment risks beyond merely<br />

the loss of property. Rehabilitation entails more than just<br />

compensation and relocation. It involves ensuring that<br />

people have income streams, livelihoods and social systems<br />

restored and that affected people and their children become<br />

better off as a result of the project. <br />

However, this has rarely been the case with mining-induced<br />

displacement in India. Members of the Dongria Kondh<br />

tribe explain how they have lost their self-sufficiency as<br />

a result of Vedanta’s project in Orissa and now they are<br />

struggling to survive. One woman says she used to grow<br />

<br />

this land and received no compensation: “The way we were<br />

living, we were self-sufficient, and we had lived like that for<br />

generations,” she says. “We could have lived like that for<br />

many more generations too. Because of these people, we<br />

cannot. But we will still fight to continue the old ways.” <br />

The tribe fears that once mining starts, they will lose their<br />

livelihood completely. They say, “Once they start mining, the<br />

mountain will be bulldozed and the rivers will dry up and<br />

our livelihood will be lost. We will become fish out of water.<br />

We don’t know how to adapt and survive and our way of<br />

living is not available in the cities. We will be extinct.” <br />

Mining companies claim that they create jobs and raise<br />

the standard of living for the local population. However,<br />

experience shows that this is not the case. In most of the<br />

areas visited, the mining company jobs were not going to<br />

local people, but instead staff were being brought in from<br />

outside. In Jharkhand, with the Urimari coal-mining project,<br />

we found that none of the employees of the company were<br />

local tribal people. Instead, the local people work as casual<br />

labour, hired to carry out tasks such as loading and unloading<br />

trucks. Many of the mineworkers are women, children and<br />

youth from surrounding villages who have been displaced<br />

from their land. <br />

population coming from Scheduled Tribes; are reported to<br />

have been displaced by Central Coalfields Limited (CCL)<br />

for this project, and apart from monetary compensation,<br />

they have not received any other benefits. Although a school<br />

has been set up, this is not functional, and medical facilities<br />

are mainly provided to employees of the company and not to<br />

the local community. <br />

<br />

displaced for the Neyveli Lignite Corporation project. This<br />

has had a serious impact on the livelihoods of a number<br />

of families. People have lost agricultural land in the area<br />

and are now struggling to find work. Those who had land<br />

argue that the compensation they received is not enough.<br />

When they were displaced 20 years ago, they received only<br />

Rs.3,500 per acre of land. However, the impacts have hit<br />

the Scheduled Caste population worst in the area — they<br />

38.<br />

Vedanta response to Survival International media statement, 20 August 2008, published in the Business and Human Rights Resource Centre website.<br />

39. Samatha, People’s Struggle Against Utkal Alumina Plant in Kasipur, 2002.<br />

40. Se UNICEF, Displaced <strong>Children</strong>, http://www.unicef.org/emerg/index_displacedchildren.html, uploaded: 10 February 2010.<br />

41. Theodore E. Downing, Avoiding New Poverty: Mining-Induced Displacement and Resettlement, April 2002, pp. 14.<br />

42. The Guardian, Gethin Chamberlain, Vedanta versus the villagers: the fight for the sacred mountain, 12 October 2009.<br />

43.<br />

44.<br />

45.<br />

Ibid.<br />

Interviews carried out in mining-affected communities in Urimari coal mining area, Jharkhand, September 2009.<br />

Ibid.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!