Published June 13, 2019
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PROBLEM OF LAND AND INDIGENOUS PEOPLES IN THE NORTHEASTERN STATES OF INDIA
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- 1. Head, Department of Political Science & Vice-Principal, Upendra National Academy, Kokrajhar (A College Affiliated under Bodoland University, Kokrajhar), Jury Member of Upendra Nath Brahma Trust (UNBT), Dotma
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Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and International Human Rights Law. According to the United Nation Declaration on the Rights of Indigenous Peoples Article 26, states that “Indigenous peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired,” and it directs states to give legal recognition to these territories. The real problems are that the National governments continue to deny Indigenous Peoples the right to live in and manage their traditional lands; often implementing policies to exploit the lands that have sustained them for centuries. Sacred lands and objects are plundered from them through unjust treaties. As a witness in some cases, governments have even enforced policies of forced assimilation in efforts to eradicate Indigenous Peoples, cultures, and traditions. Over and over, governments around the world have displayed an utter lack of respect for Indigenous values, traditions, and human rights. It is a human right that it should be protected and promoted to all individuals human beings and why it is not possible for the Indigenous peoples of the world. In the case of India, especially in the Northeastern States most conflict and violence also relating to the land problems in the region. What people are clarification about Northeast India it doesn’t matter, but the land is an identity for them and the land rights definitely become their lifeblood to survive.
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References
- 1. Joint Stakeholders' submission on the situation of the rights of indigenous peoples in India, for 3rd cycle of the Universal Period Review (UPR) of India 27th Session of the Human Rights Council (Apr-May 2017). 2. Web Search, the Constitution of India, Scheduled V and Scheduled VI. 3. C.R Bijoy, Shankar Gopalakrishnan and Shomona Khanna (2010): India and the rights of indigenous People: Constitutional, legislative and Administrative provisions concerning indigenous and tribal people, Printed in Thailand or the name of the Printer This publication has been produced with the support of PRO 169 of The International Labour Organisation (ILO), Geneva and financed by the European Commission's, European Initiative for Democracy and Human Rights (EIDHR) and the Danish Ministry of Foreign Affairs (Danida). 4. University of Minnesota Human Rights Centre (2003): 'The Right of Indigenous Peoples'; this guide was developed by Sarah Hymowitz, Ivor Dikkers, and Amalia Anderson. Joshua Cooper, Charmaine Crockett, Lisa Garrett, Bill Means, Kristi Rudelius-Palmer, Dee Sull, and David Weissbrodt revised and edited the text. P.1 5. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), is an international instrument adopted by the United Nations on September 13, 2007, to enshrine (according to Article 43) the rights that "constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world." The UNDRIP protects collective rights that may not be addressed in other human rights charters that emphasize individual rights, and it also safeguards the individual rights of Indigenous people. The Declaration is the product of almost 25 years of deliberation by U.N. member states and Indigenous groups, p. 1. 6. United Nations Declaration on the Rights of Indigenous Peoples, Published by the United Nations 07-58681—March 2008. 7. United Nations Declaration on the Rights of Indigenous Peoples, Resolution adopted by the General Assembly on 13 September 2007 [without reference to a Main Committee (A/61/L.67 and Add.1)] 61/295. 8. Paul Joffe (---) UN Declaration on the Rights of Indigenous Peoples: Canadian Government Positions Incompatible with Genuine Reconciliation. 9. GA Res. 61/295 (Annex), UN GAOR, 61st Sess., Supp. No. 49, Vol. III, UN Doc; A/61/49 (2008) 15; UN Declarations or Declaration. 10. Victoria Tauli-Corpuz, "Statement of Victoria Tauli-Corpuz, Chair of the UN Permanent Forum on Indigenous issues on the occasion of the adoption of the UN Declaration on the Rights of Indigenous Peoples"; Delivered to the United Nations General Assembly, New York, 13 September 2007; Victoria Tauli-Corpuz, "Statement of Victoria Tauli-Corpuz". 11. Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries, 27 June 1989, ILO Official Bulletin Vol. 72, Ser. A, No. 2. 12. Office of the High Commissioner for Human Rights (Craig Mokhiber), "Declaration on the Rights of Indigenous Peoples: Panel Presentation", United Nations, New York (26 October 2006). 13. United Nations Declaration supra notes 1, art. 40, 14. UN Declaration, supra note art. 27; independent and impartial process for recognition and adjudication of land and resource rights. 15. The creation of the Working Group on Indigenous Populations was proposed by the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 2 (XXXIV) of 8 September 1981. The establishment of WGIP was endorsed by the Commission on Human Rights in its resolution 1982/19 of 10 March 1982 and authorized by the Economic and Social Council in its resolution 1982/34 of 7 May 1982. 16. UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1994/45 of 26 August 1994. 17. UN Commission on Human Rights resolution 1995/32 of 3 March 1995, which was endorsed by the Economic and Social Council in its resolution 1995/32 of 25 July 1995. 18. UN Commission on Human Rights, Report of the working group established in accordance with Commission on Human Rights resolution 1995/32 of 3 March 1995 on its eleventh session, E/CN.4/2006/79, 22 March 2006. 19. The Council was established in 2006.UN General Assembly, Human Rights Council, A/RES/60/251, 15 March 2006. 20. UN Secretary-General, "Indigenous Peoples Rich and Integral Part of Human Tapestry, Have Much to be Proud of, Much to Teach, Secretary-General Says", Press Release, SG/SM/8799, HR/4683, OBV/363, 29 July 2003: "The human family is a tapestry of enormous beauty and diversity. The indigenous peoples of the world are a rich and integral part of that tapestry." 21. Human Rights Council, Working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of the General Assembly resolution 49/214 of 23 December 1994, Res. 2006/2. 22. Committee on the Elimination of Racial Discrimination, Letter from Committee Chairperson to Ambassador, Permanent Mission of Canada to the United Nations at Geneva, Early-Warning Measures and Urgent Procedures, 15 August 2008. 23. UN General Assembly, Working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994, A/RES/61/178, adopted 20 December 2006. 24. Australia (Jenny Macklin, Minister for Families, Housing, Community Services and Indigenous Affairs), "Statement on the United Nations Declaration on the Rights of Indigenous Peoples", Parliament House, Canberra (3 April 2009). In the spring of 2009, New Zealand and the United States indicated that they are in the process of reconsidering their opposing positions. 25. Universal Declaration of Human Rights, UNGA Res. 217 A (III), UN Doc; A/810, at 71 (1948), adopted by the UN General Assembly on 10 December 1948. 26. R. Falk (Forward) in W.F. Felice, Taking Suffering Seriously: The Importance of Collective Human Rights (Albany, N.Y.: State Univ. of N.Y. Press, 1996) xi at xii. 27. R. Stavenhagen, The Ethnic Question: Conflicts, Development, and Human Rights, (Tokyo: United Nations Univ. Press, 1990) at 118. In M. Pomerance, Self-Determination in Law and Practice (The Hague/Boston: Martinus Nijhoff Publishers, 1982) at 106, n. 260, it said that colonialism was first declared to be a "crime" by the General Assembly in Resolution 2621 (XXV), 12 October 1970 (adopted by a vote of 86-5-15). 28. Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Declaration, adopted in Durban, South Africa, 8 September 2001, Para. 14. 29. A. Armitage, Comparing the Policy of Assimilation: Australia, Canada, and New Zealand (Vancouver: University of British Columbia Press, 1995); Royal Commission on Aboriginal Peoples, Report of the Royal Commission on Aboriginal Peoples (Ottawa: Canada Communication Group, 1996), vol. 2(1), at 89. 30. R. Falk, "Forward" in M.C. Lam, At the Edge of the State: Indigenous Peoples and Self-Determination (Ardsley, N.Y.: Transnational Publishers, 2000) at xiii. 31. S.J. Anaya, Indigenous Peoples in International Law, 2d ed. (Oxford/New York: Oxford University Press, 2004) at 53-54. 32. Xeni Gwet' in First Nations v. British Columbia (2007); (sub nom. Tsilhqot'in Nation v. British Columbia) [2008] 1 C.N.L.R. 112, 2007 Carswell BC 2741 (B.C. S.C.), at para. 20. 33. For a history of the gradual inclusion of Indigenous peoples' issues internationally, see S. J. Anaya, Indigenous Peoples in International Law, 2d ed., supra note 45 at 53–94. 34. Universal Declaration of Human Rights, GA Res. 217(III), UN GAOR, 3d Sess., Supp. No. 13, UN Doc. A/810 (1948) 71 [UDHR]; the preamble of the International Covenant on Civil and Political Rights, 16 December 1966, 999 U.N.T.S. 171 (entered into force 23 March 1976) [ICCPR] and the International Covenant on Economic, Social and Cultural Rights, 16 December 1966, 993 U.N.T.S. 3 (entered into force 3 January 1976) [ICESCR]. 35. United Nations Development Group, "United Nations Development Group Guidelines on Indigenous Peoples' Issues", February 2008, online: PFII at 9: "Most international human rights instruments (with the exception of the UN [Declaration]) protect the rights of the individual. Indigenous peoples need the recognition of specific collective rights for their survival as human groups." The Guidelines were drafted by a group of UN organizations and specialized agencies under the aegis of the Inter-Agency Support Group on Indigenous Peoples' Issues. 49 United Nations Population Fund (UNFPA), State of the World Population 2008 — Reaching Common Ground: Culture, Gender and Human Rights (New York: UNFPA, 2008), online: , at 2. On the same page, it is added: "Universal rights are realized by specific people and groups in their own cultural contexts, and must be understood in that way. This realization is what culturally sensitive approaches aim to achieve." 36. United Nations, "Statement attributable to the Spokesperson for the Secretary-General on the adoption of the Declaration on the Rights of Indigenous Peoples", New York, 13 September 2007, online: 37. Portugal (on behalf of the European Union), "Mr. Roldopho Stavenhagen: Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people" (Statement delivered to the Human Rights Council, 6th Sess., 18th mtg., Geneva, 26 September 2007). 38. Egypt (on behalf of the African Group), "African Statement on the Mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous People" (Delivered to the Human Rights Council, 6th Sess., 18th mtg., Geneva, 26 September 2007). 39. Inter-American Commission on Human Rights, "IACHR Rapporteurship Applauds Approval of UN Declaration on Rights of Indigenous Peoples" (18 September 2007). 40. African Commission on Human and Peoples' Rights, "Communique on the United Nations Declaration on the Rights of Indigenous Peoples", Done in Brazzaville, the Republic of Congo (28 November 2007). 41. New Zealand Human Rights Commission, "Indigenous Rights Declaration to guide Commission work" (14 September 2007), online: . See also Dr. Helen Szoke (chief executive of the Victorian Equal Opportunity and Human Rights Commission), "Indigenous rights need to be included in Victorian charter" (26 September 2007). 42. Canadian Human Rights Commission, "Public Statement on the Declaration on the Rights of Indigenous Peoples (15 February 2008). 43. Letter from the Minister of Indian Affairs and Northern Development Chuck Strahl to Assembly of First Nations National Chief Phil Fontaine (10 December 2007). 44. Indian and Northern Affairs Canada, "Luncheon Hosted by Canada's Permanent Mission to the United Nations", 1 May 2008. 45. Minister of Indian Affairs and Northern Development and Federal Interlocutor for M´etis and Non-Status Indians Chuck Strahl Holds a News Conference Prior to a Meeting with Ambassadors from Various Countries to Discuss Progress on the Domestic and International Front Regarding Indigenous Issues, Transcription, United Nations Secretariat Building, 1 May 2008. 46. R. Bajer, "Canada loses face internationally in voting against indigenous rights" Lawyers Weekly (19 September 2008) at 12. 47. Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 48. Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12, 1951. 49. International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976. 50. International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976. 51. International Convention on the Elimination of All Forms of Racial Discrimination, G.A. res. 2106 (XX), Annex, 20 U.N. GAOR Supp. (No. 14) at 47, U.N. Doc. A/6014 (1966), 660 U.N.T.S. 195, entered into force Jan. 4, 1969. 52. Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990. 53. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, G.A. res. 47/135, annex, 47 U.N. GAOR Supp. (No. 49) at 210, U.N. Doc.; A/47/49 (1993). 54. Convention on Biological Diversity, G.A. res. 49/117, 49 U.N. GAOR Supp. (No. 49) at 143, U.N. Doc.; A/49/49 (1994). 55. Agenda 21, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1 (Vol. I and Vol. I/Corr.1, Vol. II, Vol. III and Vol. III/Corr.1)); (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions Adopted by the Conference, resolution 1, annex II. particularly its chapter 15, on the conservation of biological diversity. 56. Vienna Declaration, World Conference on Human Rights, Vienna, 14 - 25 June 1993, U.N. Doc.; A/CONF.157/24 (Part I) at 20 (1993). 57. Report of the International Conference on Population and Development (Cairo, 5-13 September 1994), A/CONF.171/13: Report of the ICPD (94/10/18) (385k) 58. Indigenous and Tribal Peoples Convention, 1989 (No. 169). 59. World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Programme of Action, Agenda item 9, adopted on September 8, 2001 in Durban South Africa, U.N. Doc. A/CONF.189/5 (2001). 60. DOTROIP-24-2-PDF. 61. "United Nations Declaration on the Rights of Indigenous Peoples"; United Nations Permanent Forum on Indigenous Issues. Archived from the original on November 1, 2015 Retrieved December 11, 2015. 62. Frequently Asked Questions: Declaration on the Rights of Indigenous Peoples Archived April 13, 2013, at the Way back Machine United Nations Permanent Forum on Indigenous Issues. 63. United Nations adopts Declaration on Rights of Indigenous Peoples Archived March 13, 2017; at the Way back Machine United Nations News Centre, 13 September 2007. 64. United Nations Permanent Forum on Indigenous Issues. Archived from the original on January 15, 2012; Retrieved March 5, 2012. 65. Statistical Profile of Scheduled Tribes in India, 2013, Ministry of Tribal Affairs, Government of India. 66. ILO Committee of Experts on the Application of Conventions and Recommendations, Individual Observation concerning Indigenous and Tribal Populations Convention, 1957 (No. 107), 2010, Geneva, doc. No (ILOLEX) 062010IND107, third Para. 67. IWGIA 2015 yearbook, Page 328-332, 14 Further, there is no reservation policy in the private sector for weaker sections of the community, including the STs, but only a commitment of affirmative action, which the Prime Minister had instructed must not remain simply a paper exercise, but a living reality. See, IWGIA 2014 yearbook, Page 343-344. 68. H. Srikanth, (2014): Who in North-east India Are Indigenous? Economic & Political Weekly, May 17, 2014, Vol.XLIX NO 20. 69. Binalakshmi. Nepram, (2017): Indigenous Women of Northeast India at the Forefront of a Strong Non-Violent Peace Movement. 70. Dr. Ch Jamini Devi (2007): Land rights of Indigenous Women in NE India. 71. Dwaipayan. Dasgupta, (2017): Land Rights For Indigenous People. 72. By Karnika Bahuguna, Madhu Ramnath, Kumar Sambhav Shrivastava, Richard Mahapatra, M Suchitra, Anupam Chakravartty (2016) 'Indigenous people in India and the web of indifference'. 73. Kahkashan. Kamaal , Acquiring Land In Tribal Areas, IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 22, Issue 6, Ver. 9 (June. 2017) PP 30-36 e-ISSN: 2279-0837, p-ISSN: 2279-0845. 74. B. N. Bordoloi (1986), "Alienation of Tribal Land and Indebtedness"- a book containing the proceedings, recommendations and papers presented in the National Seminar on Alienation of Tribal Land and Indebtedness held at Guwahati. Printed in India at Saraighat Printers, Published by: B.N. Bordoloi, Director, Tribal Research Institute, Assam-03 75. Assam Institute of Research for Tribals and Scheduled Castes (1999), "Report on the survey of Alienation of Tribal Land in Assam", Printed by: Bahniman Printers, Published by: Director, A.I.R.T.Sc., Guwahati-22 76. Behera. M.C. (2013): "Northeast and Globalisation: Issue Betwixt and Between", DVS Publishers, printed at: G.K. Fine Art Press, New Delhi, p. 235.