MOVEMENT BEYOND RHETORIC & POLITICAL CORRECTNESS?

Slides:



Advertisements
Similar presentations
Human rights principles
Advertisements

Agrobiodiversity and Intellectual Property Rights: Selected Issues under the FAO International Treaty on Plant Genetic Resources for Food and Agriculture.
Nowhere Else on Earth. United States Constitution 1776 Michigan Constitutional Convention 1835 Separation of Powers Article III § 2 Michigan State Constitution.
THE DIVERSITY OF INTERESTS IN ENVIRONMENTAL GOVERNANCE A CHALLENGE FOR THE RULE OF LAW By Professor D E Fisher.
Presented by Asit Gopal and Sanjay Upadhyay.  Several Queries from the states as well as stakeholders have been posed to the Ministry of Tribal Affairs.
IMPROVEMENT OF THE LIVELIHOOD OF FOREST DEPENDENT COMMUNITIES Dr. Prabhakar Dubey Assistant Inspector General of Forests Government of India.
KEY ISSUES IN THE CONTEXT OF THE IMPLEMENTATION OF FOREST RIGHTS ACT (FRA), 2006 Dr J V Sharma 27th June, 2013.
Executive Director, National Commission on Indigenous Peoples
What is ancestral domain?
Presented by Asit Gopal and Sanjay Upadhyay.  Fulfillment of livelihood needs of self and family through exercise of any of the rights specified in sub-section.
LAND ACQUISITION WITH SPECIFIC REFERENCE TO PESA & FRA Presented by Collector & DM, Kalahandi.
PROVISIONS OF PANCHAYATS ( EXTENSION TO SCHEDULED AREAS) ACT, PESA PRIA, New Delhi* *Enviro Legal Defence Firm (ELDF) prepared this presentation.
Annual World Bank Conference on Land and Poverty 2015 The World Bank - Washington DC | March 23-27, 2015 TIMOR-LESTE Shivakumar Srinivas Keith Clifford.
Protecting Rights of Minorities and Marginalised Groups in Kenya: Progress in Law Reforms Professor Patricia K. Mbote Dr Collins Odote 1 st international.
The Significance of a Constitution and Constitutionality in a Democratic Society.
Global Implications Of Biodiversity Loss. INTRODUCTION BIODIVERSITY is the degree of variation of life forms within a given species, ecosystem, biome,
LAND ALLOCATION FOR INVESTMENT VS THE RIGHTS OF THE INDIGENOUS PEOPLE BY MR FRIGHTONE SICHONE AND MR KALOBWE SOKO REPUBLIC OF ZAMBIA.
Role and Rights of Citizens under the NEW GA Constitution
CADASTRAL DATA FOR NATIONAL HERITAGE MANAGEMENT..
Federalism Magruder Chapter Four. Federalism and the Division of Power Section One.
March 2007, Smolyan Angelos SANOPOULOS, Euroconsultants SA CROSS BORDER COOPERATION Bulgaria-Greece Greek State Structure and Partner Identification.
Drafting Instructions Presentation to the Ministry of Natural Resources, Government of the Turks and Caicos Islands By Professor Tom Johnson York University.
Mainstreaming Women’s Claim to Land Rights Dr V Rukmini Rao.
LAW, JUSTICE AND DEVELOPMENT WEEK 2011 “Draft Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests” Patrice Talla,
INTERNATIONAL UNION FOR CONSERVATION OF NATURE World Heritage renomination Presentation to the first leadership committee of the Ha Long Bay-Cat Ba Alliance.
FOREST TENURE REFORM IN ODISHA The Indian Forest Rights Act and Its Impact on the Livelihoods of Scheduled Tribes and Other Forest Dwellers in Odisha.
GOVERNMENT OF TRIPURA TRIBAL WELFARE DEPARTMENT Presentation by Mr. L.H. Darlong, Secretary.
A ROADMAP FOR THE IMPLEMANTATION OF SOUTH SUDAN LAND POLICY: A STEP TOWARDS THE LAND REFORM? “2014 WORLD BANK CONFERENCE ON LAND AND POVERTY ” Washington.
A CT BEFORE ITS TOO LATE - T HE SOLUTION LIES WITHIN S CHEDULED AREAS IN I NDIA NEED A FRESH APPROACH FROM THE LEGAL PERSPECTIVE TO SECURE LAND AND FOREST.
ARTICLE I LEGISLATIVE ARTICLE II EXECUTIVE  Section 1  “legislative Powers herein granted shall be vested in a Congress of the United States”  Section.
FOREST RIGHTS ACT  An Act to recognize and vest the forest rights and occupation in forest land in forest dwelling Schedule Tribes and other traditional.
‘National Land Reform Policy - Implications on Gender and Equity’ By Madhu Sarin Gender and Economic Policy Discussion Forum , IIC, New Delhi.
1 Integrating Biodiversity Conservation Into Impact Assessment: The Experience of Uganda BERINA UWIMBABAZI.
Lecturer: Lina Vladimirovna Zhornyak, associated professor.
History of community forestry in Liberia Community Forestry – Module 1.4 Forestry Training Institute, Liberia.
Dr. Rafael González Ballar July, The San Salvador Protocol on Economic and Social Rights (1999) contains a clear standard, objective and important.
EXPOSING CORRUPTION BEHIND MID-SCALE LAND APPROPRIATIONS Elizabeth Donger & Rachael Knight Namati: Innovations in Legal Empowerment.
By: Titus Wamae Institute for Law & Environmental Governance (ILEG) Relevance of Gaps in Forest Legal Framework to Corruption in REDD+
GENERAL SYSTEM OF FINANCIAL MANAGEMENT (Including General Principles of Expenditure & Payment)
FEDERALISM Magruder Chapter Four. FEDERALISM AND THE DIVISION OF POWER Section One.
The Significance of a Constitution and Constitutionality in a Democratic Society.
SENIOR PARTNER, HAMMURABI AND SOLOMON, NEW DELHI
Nature of Indian federalism
Uacitissa Mandamule March, 2017
Last Topic - Factor responsible for development of Administrative Law
Federalism The Division of Power between Who has the power?
Legal System of Finland
Regulation of land use and building activities
Forest Tenure Security Principles and Governance of Tenure
LAW 221: INTERNATIONAL LAW
Communities and Forests: the state of affairs in Liberia
Community Forestry – Module 7.5 Forestry Training Institute, Liberia
Sanctuary at a glance Yawal Wildlife Sanctuary, Maharashtra, India.
Definitions of and Synonyms for Community Forestry
Parliament JYOTI Assistant Professor Department of Political Science
Collaboration: legal context and sideboards
EU Competences Tamara Ćapeta 2016.
Transparency International Kenya
At the end of this session, you should be able to
Business environment in the EU Prepared by Dr. Endre Domonkos (PhD)
Importance of Law and Policies in the Environmental Management System
Treaties and What They Mean Today
Devolved Government and Forest sector
The Trajectory of TAMILNADU LAND RIGHTS FEDERATION
Rights of Indigenous Peoples Under International Law
Centre-State Relations
FUNDAMENTAL SOCIAL RIGHTS IN EU
The Enter! Recommendation
EU Powers Tamara Ćapeta 2014.
MINI -HYDROPOWER Climate friendly but not devoid of environmental and social risk.
Presentation transcript:

MOVEMENT BEYOND RHETORIC & POLITICAL CORRECTNESS? FOREST RIGHTS ACT, 2006: MOVEMENT BEYOND RHETORIC & POLITICAL CORRECTNESS? Dr. M.K.RAMESH Professor NLSIU Dr. M.K.Ramesh, Professor, NLSIU mkramesh@email.com

I . PERCEPTIONS ABOUT FORESTS ECONOMIC DEVELOPMENT: MEETING INDUSTRIAL DEMANDS – MINERAL EXTRACTION - MEGA PROJECTS – BIO-PROSPECTING AND IP ECOLOGICAL : CONSERVATION - MAINTENANCE OF BALANCE HUMAN RIGHT : SUSTENANCE & SURVIVAL – LIVELIHOOD – SHELTER LEGAL : PRE- BRITISH ERA # SEAT OF LEARNING AND ABODE OF OUTLAWS ! # CPR # ROLE OF STATE

COLONIAL ERA & POST-COLONIAL PERIOD (- up to 2005) # PRIMARILY STATE PROPERTY- EMINENT DOMAIN- USE FOR PUBLIC PURPOSE- WESTERN NOTIONS OF FOREST MMT. IMBIBED – “PUBLIC TRUST” , A JUDICIAL CONSTRUCT # SCOPE FOR APPROPRIATION OF PRIVATE FORESTS BY STATE # INDIVIDUAL AND COMMUNITY RIGHTS , CONTROL AND MMT.(-CUSTOMARY) – “INTERSTS” AND “ PRIVILEGES”- EXERCISABLE AT THE DISCRTION OF STATE AGENCIES (- A FEW EXCEPTIONS IN CERTAIN STATES : “ VAN PANCHAYATS” ) –JFM & CFM # USE OF FOREST FOR NON-FOREST PUPOSE – CENTRAL APPROVAL

#“RIGHT” JURISPRUDENCE: -LIMITED ACCESS, USE AND MMT. –DISCRETION OF STATE - CLASSIFICATION OF FOREST AND WILDLIFE AREAS, A MAJOR LIMITING FACTOR - CONSTITUTIONAL EVOLUTION NOT ALIGNED TO LEGISLATIVE EVOLUTION CONCERNING NATURAL RESOURCES AND ADMINISTRATIVE PRACTICES (- PROTECTIVE DISCRIMINATION, AFFIRMATIVE ACTION, SCHEDULED AREAS, DECENTRALIZED GOVERNANCE ) WITH THE EXCEPTION OF PESA,1996

II. THE ACT 1. OBJECTS: -TO RIGHT HISTORICAL INJUSTICE ; - TO ADDRESS THE LONG STANDING INSECURITY OF TENURIAL AND ACCESS RIGHTS AND TO INSULATE FROM FORCED DISPLACEMENT RESULTING FROM STATE DEVELOPMENT INTERVENTIONS; - TO RECOGNIZE AND VEST FOREST RIGHTS, INCLUDING OCCUPATION, IN FOREST DWELLING SCHEDULED TRIBES AND OTHER

- TO PROVIDE A FRAMEWORK FOR RECORDING FOREST RIGHTS TRADITIONAL FOREST DWELLERS (- FOR 3 GENERATIONS)*; - TO PROVIDE A FRAMEWORK FOR RECORDING FOREST RIGHTS - TO RECOGNIZE THEM AS INTEGRAL TO THE VERY SURVIVAL AND SUSTAINABILITY OF FOREST ECO-SYSTEM *THIS , TO INCLUDE RESPONSIBILITY AND AUTHORITY FOR SUSTAINABLE USE, CONSERVATION OF BD AND MAINTENANCE OF ECOLOGICAL BALANCE

(A). CATALOGUE OF RIGHTS: (i) RESIDENCE- INCLUDING COMMUNITY TENURES OF HABITAT & HABITATION OF PRIMITIVE TRIBAL GROUPS AND PRE-AGRICULTURAL COMMUNITIES. (ii) CULTIVATION- (INDIVIDUAL & COMMUNITY) -FOR LIVELIHOOD (- INCLUDING CUSTOMARY RIGHTS LIKE “NISTAR”) (iii) OWNERSHIP – TRADITIONAL RIGHTS-OVER MFP (NTFP)- COLLECTION, USE, DISPOSAL; FISHING; GRAZING; PROTECTION, REGENERATION, CONSERVATION OR MMT. OF ANY COMMUNITY FOREST RESOURCE-TRADITIONAL RTS. OF HUNTING/ TRAPPING , EXCLUDED

(iv) CONVERSION (-PATTAS/ LEASES/ GRANTS) TO TITLES (v) RIGHT OF SETTLEMENT AND CONVERSION OF FOREST VILLAGES INTO REVENUE VILLAGES (vi) CONTINUATION OF STATUTORILY RECOGNIZED CUSTOMARY/ TRADITIONAL RIGHTS (vii) ACCESS TO BD & COMMUNITY RIGHT TO IP & TRADITIONAL KNOWLEDGE RELATED BIO- & CULTURAL DIVERSITY

(viii) insitu rehabilitation including right to alternative land when illegally evicted (B)RIGHT TO BASIC CIVIC AMENITIES: C.G SHALL PROVIDE FOR LIMITED DIVERSION OF FOREST LAND ( -UPON RECOMMENDATION OF GRAMA SABHA) TO MAKE PROVISION FOR SCHOOLS, HOSPITALS, ROADS, TANKS ETC.

(C) NATURE, EXTENT & LIMITS : (i) .HERITABLE BUT INALIENABLE (ii).DISPLACEMENT ONLY AFTER ENSURING TOTAL REHABILITATION (iii). CAP OF 4 HECTARES FOR ACTUAL AREA OF OCCUPATION / CULTIVATION (iv) EACH RIGHT COUPLED WITH A DUTY TO PROTECT WILDLIFE, CATCHMENT AREAS OF WATER SOURCES, CULTURAL & NATURAL HERITAGES

3.CRITICAL WILDLIFE HABITAT S.2 (b) S.4 (2)

3. ADMINISTRATIVE ARCHITECTURE & PROCESS: G.S:- TO INITIATE THE PROCESS- PASS RESOLUTION-PETITION AGAINST ITS RESOLUTION WOULD LIE WITH S.D.L.C, WHOSE DECISION CAN BE CHALLENGED BEFORE D.L.C S.D.LC:- EXAMINE G.S RESOLUTIONS AND PREPARE A RECORD OF RIGHTS D.L.C :- DECIDE ON RECORD OF RIGHTS-FINAL & BINDING

S.L.M.C:- MONITORS THE PROCESS OF RECOGNITION AND VESTING OF RIGHTS 4. EFFECT :- (a) s.4 (c)- OVER RIDING EFFECT (b) s.13 - PROVISIONS IN ADDITION TO AND NOT IN DEROGATION OF PROVISIONS OF ANY OTHER LAW IN FORCE

5. RULES: REQUIRE PARLIAMENTARY APPROVAL RULES, 2008 w.e.f. 1.1.08 6.STATUS OF IMPLEMENTATION

III.UNFOLDING DRAMA OF THE ABSURD ! 2004-2006 TURF WAR BETWEEN MoEF & MINISTRY OF TRIBAL AFFAIRS DISAPPEARANCE OF TIGERS FROM SARISKA- TIGER TASK FORCE- REPORT MEDIA GLARE: BIG FIGHT! PRESSURE GROUP (-PROMINENT YOUNG MPs) PETITIONING PM TO STALL THE PASSAGE OF THE BILL

T.N.GODAVERMAN CASE: -CEC-FOREST COMMISSION- MoEF DIRECTIVE FOR DISCONTINUATION OF EVICTION OF TRIBALS FROM FORESTS HUMAN RIGHT GROUPS & POLITICAL PARTIES – ARGUMENT FOR “ INCLUSION OF GROUPS” – TO PREVENT “ SOCIAL DIVISION”! LONG GESTATION PERIOD OF THE LAW

IV. OUTSTANDING PROBLEMS INCOMPATIBILITY AMONG DIFFERENT LAWS- LACK OF HARMONY MULTIPLICITY OF AUTHORITIES PROBLEM OF CHARACTERIZATION OF RIGHTS AND PROBLEM OF INCLUSION & EXCLUSION GRAMA SABHA-MARGINALISED ROLE CRITICAL WILDLIFE HABITATS