August 2008
By Marie Mainil
I met with Ashok Dalwai, Comissioner-cum Secretary to Govt., Steel and Mines Department, at the Orissa Secretariat in Bhubaneshwar. Below is the transcript of the interview. For further context on this post, please see posts India Field Work, I and II.
Interviewer:
Could you tell me, from your point of view, about water conflicts in Orissa and how you think the farmers' resistance can be addressed?
Interviewee:
I would say the basic conflict relates to livelihood issues. The farmers and those depending upon farming are apprehensive at the loss of their primary asset, that is, the land, and related environment.
In our state or country, for that matter, agriculture is the primary vocation. That is one of the most substantive assets that most families own, however small the size of the land. And that asset is transferred from generation to generation. So, there is an element of security that comes with owning land, and that is built in the psyche of the people. And however inadequate the income from the agriculture land may be, still that is a stable land and a secure source of income on an annual basis. And in addition to the land, they also have access to other kinds of economic activities in a related surrounding, in forests, the community lands, water…animal husbandry that is dependent on these community assets is also heavily tied to the land. The agriculture that is related is like poultry, fishery, etc. So, as we see, their entire life – economic life revolves around access to their farms or their community farms.
Now, secondly, they also lack other kinds of skills that come from education. The literacy and education as such being low, their level of confidence to shift business, shift economic activity is obviously low. The spirit of enterprise or the ability to go for automate enterprise is always a fearful one for them because that always comes with education. The ultimate skills are not many, but it is those skills that will enable them to become viable in non-agriculture-like activities or to go for enterprise in the non-agriculture sector.
So, this kind of a situation is what really creates the apprehension when the land is taken away for other purposes.
And there are also other social issues, once they have displayed. The settlement itself brings about some fear because it fragments the society. Their cozy existence for centuries gets disturbed, and 'til there is an ultimate settlement that brings about the comfort factor over a period of time, it's bound to create some kind of apprehension. Because always village societies are very close-knit societies, and that's how they've been living. It is not just revolving around the limits of income generation. Their security comes also from the exchanges that take place between one family and another living in that society. So, that will include not just social interactions, but also economic exchanges. So, any displacement hits at the root of this sense of security or comfort factor, so I think the conflict essentially is that.
Interviewer:
How do you think this can be addressed? As a secretary in this ministry, how do you assess how much land is needed for industrial development and how much land stays with farmers? Same thing with water. In some sense, what is your idea/definition of development?
Interviewee:
Yes. See, according to me, development is to provide dignified human existence for our society. And when you say dignified human existence, every single person must have access to the minimum needs in terms of housing, food, clothing, and that's, of course, not the definition of man. It's not just biological, so he has got to – being a social animal, a rational man, a thinking man, he would certainly like to have access to the social and psychological and cultural, educational needs that will satisfy him as a man. So, therefore, he should have access to separate incomes, as to not just meet his biological and security needs, basic security needs, but also those that will fulfill his ambitions of – towards self-actualization. That's what the ultimate thing is. So, the people must generate income, I think surplus incomes, which will help them to take up education, to go on culture tours, religious tours, entertainment tours. They will educate their families, okay? So, we have to generate adequate income, and income enhancement will come from, not just a growth that takes place in society, not just a macro economic growth that takes place, but also the distribution part of it. So, therefore, that growth with the development, as we keep talking, what we call inclusive growth, is very essential.
Now, that's possible when the people have access to the assets in some form, and then they have the required education, they have required skills so that they're able to also, not just be rooted, but be mobile without being afraid. So, that degree of mobility has to increase, and that mobility will happen provided they're confident about their own skill levels; they're confident about their educational dreams that come with higher learning. So, this is what they're lacking, so I think our development has to be in that sense. Okay? It has to be that.
Interviewer:
Can you give me some specific examples of what you, as who you are, do in terms of policy and implementation to promote those ideas?
Interviewer:
Yeah. We cannot continue to be only an agricultural society. The reason being, that we have a huge population, and the agricultural line is not lasting. It's not lasting. It doesn't grow. It's constant. So, as we have more and more families needing the same asset, there will be division; there will be fragmentation, and whatever productivity into the state place, there is not enough to meet the rural demands. So, therefore, we have got to shift some percentage of population from agriculture to the non-agriculture sector. So, primarily, the focus in the state today is that the productivity based in agriculture has to increase, and that means appropriate technology and inventions that include cull practices, scientific practices. The productivity eaves have to increase from agriculture. Agriculture is not just the crops, but also the animal husbandry and horticulture. So, that is the farming thing.
The social distribution is always much more egalitarian in this [agricultural] sector. But it's got limitations. There is surplus manpower today engaged in agriculture. So, surplus manpower has to be shifted from agriculture to non-agriculture. So, if you realize that, it is the industrial growth that is just taking place now based on minerals because Orissa is very rich in mineral bed. Given coal and other kind of minerals that we have, the state is promoting industries so that the primary manufacturing sector is the oil manufacturing sector. Once that happens, we will graduate to the second tier of industrialization, say, of engineering, using primary metal-like steel, aluminum, titanium, etc. We will be able to go into the second tier of industrialization, that is, heavy engineering. And as that happens, the focus will be on value addition. That is large number of downstream industries, which actually add value to the smaller and medium-scale enterprises. All this manufacturing sector based on minerals or heavy engineering will obviously be not entirely employment generating because they employ sophisticated technology, or what's called man-replacing technology because they want to compete internationally. You can't be seen adopting 19th century production attempts, you know, and compete in the 21 century. So, however high the capital investment in these sectors, it will help in generating revenue, but it won't help in generating employment more proportionate to the demand we've had.
So, as we further graduate towards the downstream industries to medium-scale industries to small-scale industries for value addition and producing the actual goods and services that can be sold into the international market that's where employment gets generated. So, this is trying to move up the value chain and achieve what is called a mature industry line. It will take some time, but the process is bigger, okay? And as this happens, the service sector whether it is financial sector or entertainment sector or information technology—all this service sector activity that is where the focus is. That means it has to be basic industries, then it will go on to, as I said, the downstream industries. Then we go on to service sector so the people are able to be shifted from agriculture to non-agriculture sector.
If that shift is to take place, then we need to impart the requisite confidence and the skills required for an easy, apprehension-less transition, and that comes from education. That comes from technical skills. Therefore, the state's policy today is to focus on increasing the technical institutes in the state at different levels. The small – at the lowest level it's called ITI, Industrial Training Institutes. Then we have engineering colleges. So, likewise, in pharmacy, in medicine, in management, social sciences, across the sectors, these skills – the institutes that will give the skills to the people are being encouraged. So, that is what is going to make the people confident. Then they can take advantage of what's going to happen in industry. If they don’t have the requisite skill level, then they won't be able to take advantage of it. So, the focus of the state is actually a comprehensive one, but then all of it is going to take time. So, in the interim or even later on, there has to be absolute focus on the poor people.
Interviewer:
Tell me more about the interim time and the focus on the poor people…What is being done?
Interviewee:
There is a lot of emphasis on mentoring activities. That is direct transfer of the needs of the people through area schemes, like we have our pension scheme. The poor families get pension on a monthly basis. Poor families get food security. They get, for example, rice, up to a kilo, highly subsidized. Their rupee in the market is two rupees. Then there are employment events for the people so they have guaranteed work. So, there are a lot of activities, which are built into the policy framework so those outside the frame of development, process of development are taken care of.
Interviewer:
You talked about education programs that sounded accessible to a certain sector of the population, meaning, from what I understood, middle class and up. What about education for the poor people?
Interviewee:
There is education for the poor people. One is that the basic education is free. All up to the age of 14 they get free education.
Then, at the higher levels, in the government institutes there is always subsidized education. I am talking about engineering college, medical college. But even that may be costly for them, so there is a system of offering scholarships to the weaker sections which constitutes a good deal of India’s population. Like last year this department built hostels that will cater to around 100,000 students belonging to this category. So, that way the educational needs of the poor people are being taken care of, and that has to be the focus.
But then since the higher levels of educational institutions are mostly coming up in the private sector where this kind of subsidization is not there, we will help to ensure that more and more scholarships and educational loans are made available to them.
Interviewer:
In terms of resettlement and rehabilitation (R&R), can you explain what you have as a policy and I know they are compensations, but what happens to the families after they have gotten that compensation? Also, what is the relationship between your R&R policy, social corporate responsibility, and the UN Global Compact?
Interviewee:
We have a comprehensive policy called resettlement and rehabilitation policy 2006. It's comprehensive because it addresses all nature of projects, the land acquisition and, therefore, displacement and also, in fact, generally, the society and an account of industries and an account of irrigation projects, an account of infrastructure. So, all categories of mining.
All these things happen. So, this addresses all outcomes.
Then, secondly, it is comprehensive because it tries to address all issues relating to family impacted by displacement or impacted by land acquisition. It does that, first of all, by compensating the loss, compensation is a matter of right because the family surrenders the property. It surrenders the land. It surrenders the house. It surrenders other kinds of infrastructure it may have built on that land, like trees, for example. It has an irrigation system. All these things get surrendered as a result of acquisition. So, it is rational that we compensate going to the marketplace. So, that is the first thing the R&R policy talks about.
Secondly, it talks about principle, which is to include the quality of life of the displaced family such that the post-displacement status must equal the pre-displacement status. That is a presiding principle. So, we are not trying to do something to compensate. We are trying to utilize this situation as an intervention to improve the quality of life. That is a guiding principle. When we talk about this, we have to ensure that the usual economic needs are being taken care of for a family for income generation. We have taken care of their security needs like housing, and we'll take care of the general physical environment in terms of infrastructure. So, this is what the R&R policy is trying to aim at. So, therefore, it talks about giving employment to the family. It talks about training them to become employable elsewhere. It talks about giving them financial assistance so they can find alternate means of living. If they lost agricultural land, they should get adequate financial assistance to enable them to do small business, for example, or to buy land at a market rate elsewhere, and the training will enable them to get employment elsewhere.
So, it's all being done in a comprehensive manner. Then assistance is given for building a house. They're given land, a house site. Then all the community assets, meaning roads, water facilities, community needs, including temples, for example, religious institutions, whether it is a church or a temple or whatever it is.
Interviewer:
You said something about buying the land at market rate.
Interviewee:
Yeah.
Interviewer:
I've met locals who feel that that's not fair because much more profit will be generated on their land. What is your reaction to that?
Interviewee:
I think to put – to make things a little more clear, see, we have what is called a Land Acquisition Act. It's an age-old act, you know. Under the Land Acquisition Act, we can acquire – government can acquire land if it is in public interest. So, when we talk about industries, irrigation projects, infrastructure, etcetera, they're all declared as public interest. Then the individual interest is supposed to be surrendered before the public interest. So, that's so the government gets the right of acquireing the land of individuals. Okay. That was going on. But now, with increasing awareness of compensating adequately, the policy frame of today is that we should let the people decide things, right. So, earlier it was a district collector who would fix the rate based on certain parameters. Today the R&R policy enables the people to negotiate with the investor to fix appropriate rates. We will not just go by what are called benchmark values. Benchmark values may not be reflecting the true market rates. Once we notify a property as a land to be acquired by public interest, then the freedom is given to the landowners or the property owner to negotiate with the potential purchaser, to negotiate the price. So, okay, so therefore, through this process of negotiation and consent, the landowner gets better price than what he was getting earlier.
But to negotiate properly they need education…so there is a weakness there. And now, the level of awareness of society, which is not appropriate, it will take time to address. Now, we cannot change it overnight, but at least it's the government responsibilities to enable that. But we hope that there will be NGOs, there will be Samaritans in the society who will help the society also to do these things. But more important is that the proponents of the industries are certainly told to be more liberal.
The industries have to respect the policies we have talked about. And therefore, we are now talking to them about the industry participating in training, in setting up technical institutes and then giving affected locals liberal financial packages. Our R&R policy also talks about giving affected locals preferential shares so they can have shares in these things. But as you rightly pointed out, it depends upon the financial knowledge of these people as how they are offered the shares. So, they might not have come up with that status yet, but that policy framework at least is there.
Okay. So, still, of course, a lot of improvement will be needed and it will be done, but at least a major step forward has been addressed.
Interviewer:
It's one thing to have policies. It's difficult to implement them. How would you assess their implementation today?
Interviewee:
Yeah. See, the implementation has to be enabled through appropriate instruments.
So, we have institutions for that purpose. We have set up an instrument at the district level where the interest of these people is taken care of. So, we have the local representative, the people's representative, the member of parliament, the member of the legislative assembly, okay. Then we've got the grassroots institution representatives. These are our three tiers of decentralized democracy. So, the representative is a piece that is also represented. Then we have gone beyond elected representatives and have NGOs working in that local area be the members of the committee. Then we also have representatives of self-help groups. You know, like the self-help group which has been instrumental in creating awareness around the womenfolk. A large number of self-help groups of women have been formed. That is a group that is for financial activity and other kinds of social activity. So, those representatives are also there. So, imagine today there is a scope for a simple, uneducated woman from a village who is affected to be sitting on the board with the member of parliament. So, there is, as I said, advocacy, and there is a representative of the affected families also there. We're not leaving it just in the hands of representatives. So, this committee at the district level, is what’s called the RTDAC. The full form is rehabilitation and territory and development advisory committee. It looks out for rehabilitation and with territory development. So, that means there is an institution that has been set up for this purpose. NGOs are there. The people themselves are there. Then the proponent industry prepares its master plan for resettlement and rehabilitation, which is to be approved by this committee.
Interviewer:
How do you think the dialogue between all the different actors can be improved?
Interviewee:
Education .Then there has to be also change in the mindset of the project proponents that all of it is not just for profit generation but there is a sense of social responsibility. So that also has to happen.
Interviewer:
Speaking of social corporate responsibility, what is your opinion of the UN Global Compact? The UN can be very controversial in certain countries. So, I'm wondering if you want to say anything about that.
Interviewee:
What context would you…
Interviewer:
The UN Global Compact focuses on ethical business, more specifically human rights, the environment, labor rights and anti-corruption.
Interviewee:
India is basically a very egalitarian country. It is a country that has got its own constitution. It is accepted into the United Nations Human Rights Commission. It is accepted into all the international treaties on environment and ecology and human rights. Okay? And its own constitution is a very progressive one, which aims at improving the dignity of human life in the country. So, therefore, these treaties etc, which will address issues of equality, address issues of human rights, are all inherent in India, and we accept them. So, we have very stringent equality standards, environmental standards, which are also being monitored by the Supreme Court, not just by governmental executives. We cannot take away the human rights. Therefore, India should not have any problem in meeting the global standards. It rather wants to meet the global standards. If it is not meeting at certain levels, in certain sectors it is because things are changing. Because there is poverty that could be child labor, but then there is a policy framework, there are welfare schemes, government is clear and society is very clear that we should do away with this child labor. It's very clear that we must maintain minimum global equality standard because we would like to have a clean environment. So, India should not have any problem in these things, and we'd rather be trying to meet the international standards. That is the basic.
Interviewer:
Well, a follow-up question on this. I know you have an environmental mission given all the industrial activity that is going on in Orissa, and you have a beautiful state with many natural resources. It can be a difficult thing to keep the environment clean when you're also trying to do fast industrial development. Can you tell me a little bit about the commission and what ways you think the protection of the environment could improve?
Interviewee:
Yeah. See, one thing is about the number of industries and the nature of technology, there is always supervision on that. For example, the state level committee that clears projects for industries is looking at putting a ban on certain plants that we have enough of.
There are certain areas where there has been a concentration of industries. Now, we are studying the carrying capacity of these areas in terms of emissions, in terms of water support, in terms of other environmental fallouts. We are very conscious of what are the number of industries that can come up in a given area, what nature of industries can come up there. And then we have a state pollution control board, which is continuously monitoring the levels of pollutants. The industries have to get clearance from this pollution control before they can go in. So, there are regulatory mechanisms to ensure the global standards are met in terms of environment friendliness and monitoring goes on thereafter.
Then we do not divert forests just like that. If forest land is going to be utilized for industry, then that has to be compensated by setting up land. So, there are very strict laws under the forest conservation act of 1990 and the environment act of 1996, which are very stringent, and then there is a state pollution control board that monitor these things. Then water is concerned also. The water distribution or the allocation between – among various sectors is also decided based on the priorities. Whenever an irrigation project is constructed we will talk about the priorities of using water. Investment agriculture becomes last. So, therefore, only after we meet these basic needs can we talk about the various sort of industry.
Then, of course, we always advise the industries to use the proper technology that will not include pollution, and they must upgrade their technology continuously.
Interviewer:
You just said advise them. Do you encourage them, or do they have to do it?
Interviewee:
For example, when we clear the project initially we always ask them what kind of technology they're using. So, when we clear the project, we have had a look at that. Secondly, when it is implemented, it has had clearance from the state pollution control board, so always we look at the technology being used there.
[End of Audio]
Sunday, April 26, 2009
Saturday, April 25, 2009
India Field Work--Part II/ICI Report/Visit with different sectors
Development Projects, Human Displacement, and the UN Global Compact: A Visit with different sectors of Indian Society.
August 2008 interviews with officials and IGOs: Key moments.
By Marie Mainil (mmainil)
*Bhubaneshwar, Orissa, meetings with NGOs and Ashok Dalwai, head of Ministry of Mining:
Orissa is one of India’s poorest states, and it is trying to boost its economy through its mining industry.
NGOs:
The environment is being cheated, and that of course, affects the livelihoods of locals.
Ashok Dalwai:
“There are certain areas where there has been a concentration of industries. Now, we are studying the carrying capacity of these areas in terms of emissions, in terms of water support, in terms of other environmental fallouts. We are very conscious…what are the number of industries that can come up in a given area, what nature of industries can come up there. And then we have a state pollution control board, which is continuously monitoring the levels of pollutants. The industry has to get clearance from this pollution control before it can go in. So, there are regulatory mechanisms to ensure the global standards are met in terms of environment friendliness and monitoring goes on thereafter. Okay? Then we do not divert forests just like that. If forest land is going to be utilized for industry, then that has to be compensated by setting up land to compensate for the loss.
So, there are very strict laws under the forest conservation act of 1990 and the environment act of 1996, okay, which are very stringent, and then there is a state pollution control board that monitors these things. Then water is concerned also. The water distribution or the allocation between—among various sectors is also decided based on the priorities. Whenever an irrigation project is constructed it will talk about the priorities of using water. Investment agriculture becomes last. So, therefore, only after we meet these basic needs can we talk about the various sorts of industry.
Then, of course, we always advise them [the industries] to use the proper technology that will not include pollution, and they must upgrade their technology continuously.”
Me: You just said “advise” them. Do you encourage them, or do they have to do it?
Ashok Dalwai:
“For example, when we clear the project initially we always ask them what kind of technology they’re using. So, when we clear the project, we have had a look at that. Secondly, when it is implemented, it has had clearance from the state pollution control board, so always we look at the technology being used there.”
At this point, it seems appropriate to bring the following report:
Country Environmental Analysis: Strengthening Institutions for sustainable growth
The World Bank, 2007
Here is a taste of the report:
“With its high population density, vulnerable ecology, extreme climate, and a significant number of people heavily dependent on natural resources, India’s environmental challenges are diverse and wide-ranging. Yet, while the country’s environmental regulations are rigorous, its environmental institutions and regulatory regime need to be significantly upgraded in order to sustain rapid economic growth and meet the surging public demand for a cleaner environment. Regulations have to be backed up by stricter compliance and greater cooperation between government authorities, civil society groups and industry. A mix of incentives, devolving more powers to local governments, and rewarding “good behavior” will also be required.”
For more of Ashok Dalwai’s interview, see post “Ashok Dalwai Interview” on this blog (April 2009).
* Planning Commission, Delhi:
A communication/outreach campaign is lacking with regards to Resettlement and Rehabilitation policy.
The planning commission also recognizes the importance of civil society when it comes to alerting them of issues in need of being addressed.
* At the UN Global Compact India network:
Water issues (the need of locals vs. powering industries, and environmental standards) is a taboo topic.
* At the UN Global Compact Headquarters in NYC:
When it comes to development projects and human displacement, the UN Global Compact, as of now, partners with the International Organization for Migration (IOM).
While IOM does a great job at contributing to the health needs of migrant workers and rescuing trafficked children, for example, it does not work on issues of resettlement and rehabilitation, land grab, and other issues of development projects and human displacement discussed in this post and the previous (India Field Work—Part I). Yet, there is a willingness among locals, and civil society actors I met to have access to an international mechanism such as the Global Compact.
My impression from discussions with staff at the UN Global Compact in NYC is that they do what they can given that the Global Compact initiative operates on a voluntary basis with regards to businesses involved. Meanwhile, I will argue that they also make incomplete decisions while choosing their partners. Given the prominence of development projects and human displacement issues, my sense is that it ought to be addressed by an initiative such as the Global Compact.
* At the World Bank, Delhi Office:
According to interviews with locals, NGOs, and staff at the World Bank in Delhi (located right across from the wonderful India International Center were I was staying), the image of the World Bank among locals has been improved in the last few years as a result of grassroots focused methods. In an effort to promote public awareness of the UN Global Compact, staff at the UN Global Compact in NYC told me they encourage businesses involved in the Global Compact Initiative to be inclusive of locals and civil society.
When I visited the World Bank in Delhi, I asked about their collaboration with the UN Global Compact. I was told: “There is no real cooperation, the Global Compact, that’s the UN.” Well, it seems to me that the Global Compact and its local networks might very well have something to learn from the World Bank…It is also my sense that both international bodies have progress to make when it comes to Resettlement and Rehabilitation policy.
* A Final Word for this post:
Nobody I interviewed during my field trip in India was against development.
The question is, of course, how to bring a somewhat fair development about.
August 2008 interviews with officials and IGOs: Key moments.
By Marie Mainil (mmainil)
*Bhubaneshwar, Orissa, meetings with NGOs and Ashok Dalwai, head of Ministry of Mining:
Orissa is one of India’s poorest states, and it is trying to boost its economy through its mining industry.
NGOs:
The environment is being cheated, and that of course, affects the livelihoods of locals.
Ashok Dalwai:
“There are certain areas where there has been a concentration of industries. Now, we are studying the carrying capacity of these areas in terms of emissions, in terms of water support, in terms of other environmental fallouts. We are very conscious…what are the number of industries that can come up in a given area, what nature of industries can come up there. And then we have a state pollution control board, which is continuously monitoring the levels of pollutants. The industry has to get clearance from this pollution control before it can go in. So, there are regulatory mechanisms to ensure the global standards are met in terms of environment friendliness and monitoring goes on thereafter. Okay? Then we do not divert forests just like that. If forest land is going to be utilized for industry, then that has to be compensated by setting up land to compensate for the loss.
So, there are very strict laws under the forest conservation act of 1990 and the environment act of 1996, okay, which are very stringent, and then there is a state pollution control board that monitors these things. Then water is concerned also. The water distribution or the allocation between—among various sectors is also decided based on the priorities. Whenever an irrigation project is constructed it will talk about the priorities of using water. Investment agriculture becomes last. So, therefore, only after we meet these basic needs can we talk about the various sorts of industry.
Then, of course, we always advise them [the industries] to use the proper technology that will not include pollution, and they must upgrade their technology continuously.”
Me: You just said “advise” them. Do you encourage them, or do they have to do it?
Ashok Dalwai:
“For example, when we clear the project initially we always ask them what kind of technology they’re using. So, when we clear the project, we have had a look at that. Secondly, when it is implemented, it has had clearance from the state pollution control board, so always we look at the technology being used there.”
At this point, it seems appropriate to bring the following report:
Country Environmental Analysis: Strengthening Institutions for sustainable growth
The World Bank, 2007
Here is a taste of the report:
“With its high population density, vulnerable ecology, extreme climate, and a significant number of people heavily dependent on natural resources, India’s environmental challenges are diverse and wide-ranging. Yet, while the country’s environmental regulations are rigorous, its environmental institutions and regulatory regime need to be significantly upgraded in order to sustain rapid economic growth and meet the surging public demand for a cleaner environment. Regulations have to be backed up by stricter compliance and greater cooperation between government authorities, civil society groups and industry. A mix of incentives, devolving more powers to local governments, and rewarding “good behavior” will also be required.”
For more of Ashok Dalwai’s interview, see post “Ashok Dalwai Interview” on this blog (April 2009).
* Planning Commission, Delhi:
A communication/outreach campaign is lacking with regards to Resettlement and Rehabilitation policy.
The planning commission also recognizes the importance of civil society when it comes to alerting them of issues in need of being addressed.
* At the UN Global Compact India network:
Water issues (the need of locals vs. powering industries, and environmental standards) is a taboo topic.
* At the UN Global Compact Headquarters in NYC:
When it comes to development projects and human displacement, the UN Global Compact, as of now, partners with the International Organization for Migration (IOM).
While IOM does a great job at contributing to the health needs of migrant workers and rescuing trafficked children, for example, it does not work on issues of resettlement and rehabilitation, land grab, and other issues of development projects and human displacement discussed in this post and the previous (India Field Work—Part I). Yet, there is a willingness among locals, and civil society actors I met to have access to an international mechanism such as the Global Compact.
My impression from discussions with staff at the UN Global Compact in NYC is that they do what they can given that the Global Compact initiative operates on a voluntary basis with regards to businesses involved. Meanwhile, I will argue that they also make incomplete decisions while choosing their partners. Given the prominence of development projects and human displacement issues, my sense is that it ought to be addressed by an initiative such as the Global Compact.
* At the World Bank, Delhi Office:
According to interviews with locals, NGOs, and staff at the World Bank in Delhi (located right across from the wonderful India International Center were I was staying), the image of the World Bank among locals has been improved in the last few years as a result of grassroots focused methods. In an effort to promote public awareness of the UN Global Compact, staff at the UN Global Compact in NYC told me they encourage businesses involved in the Global Compact Initiative to be inclusive of locals and civil society.
When I visited the World Bank in Delhi, I asked about their collaboration with the UN Global Compact. I was told: “There is no real cooperation, the Global Compact, that’s the UN.” Well, it seems to me that the Global Compact and its local networks might very well have something to learn from the World Bank…It is also my sense that both international bodies have progress to make when it comes to Resettlement and Rehabilitation policy.
* A Final Word for this post:
Nobody I interviewed during my field trip in India was against development.
The question is, of course, how to bring a somewhat fair development about.
Sunday, April 19, 2009
India Field Work--Part I/ICI Report/Visit with different sectors
Development Projects, Human Displacement, and the UN Global Compact: A visit with different sectors of Indian Society.
By Marie Mainil (mmainil)
Part I
September 24, 2008
“We need a new understanding of business ethics and governance, with more compassion and less uncritical faith in the magic of markets.”
Today, as upheaval on Wall Street steered anger in the U.N. annual meeting of the General Assembly, Ban Ki-moon, known for his discrete diplomatic style, let out these forceful words that brought me back to my recent trip to India, August 16-30, 2008.
Intro
With a grant from the India China Institute at the New School in NYC, and the generous support of the Stanley Foundation Rising Powers project, I embarked on a sort of interview it all field trip, partly designed as professional development. The topic: Development induced displacement, with a United Nations Global Compact twist to it. Not always sticking to a proposed itinerary in part because of security issues, I traveled the skies and roads—survived the roads, see, it’s not only that India drives on the left side of the road, both directions actually too often drive on both sides of the road, in the midst of vehicles of all sizes and shapes, yes, including elephants but also speedy modes of transportation—of India through Mumbai, Pune, Lavassa City, Pen, Kochi, Ernakulum, Trivandrum, Delhi, and Bhubaneshwar. I met with NGOs, tribals, farmers, villagers, officials, academics, and businessmen. Whenever I had access to a TV, I would hear about Singur and how India grapples with how to convert its farmland into factories.
On August 22nd, I reported to my superiors through what seemed (at the time at least) the life-saver blackberry the foundation had recently hooked me on:
“In terms of findings, the trends that appear now are 1. Land grab for development purposes is a huge problem in India and beyond in the context of rising powers. (Even in cities themselves! See documentary Road to Shangai via Mumbai, available at the India China Institute (ICI) in NYC.) Special Economic Zones (See SEZ NCAS documentary, available at ICI) where often foreign investment is involved, is a prominent example. Locals are not made partners in these endeavors and they rebel—some of them on terrorist lists. Hence the need for global rules such as the Global Compact if we mean sustainable development when we say development. If governments are going to pressure businesses, they better set up a good example themselves. Often they are both involved in the same projects. Not a piece of cake. But this seems so important in many regards, including in terms of multilateralism we promote at the foundation, that if I had my say I would suggest a Global Compact special advisor at the UN, who should also take on specific campaigns, and land grab is definitely up there as an issue. Locals agree. 2. Water Conflict is another huge issue. The needs of locals vs. powering industries. 3. In these contexts, it is my sense that in today’s world multilateralism cannot only mean horizontal top level multilateralism among countries, but also needs to mean multilateralism across different sectors of society at both national and international levels. Here again locals agree. Let’s see what discussions with officials will bring to the table. Lastly, I am, as I write, in a quite amazing state of India: Kerala. Communist state, definitely capitalist as far as the economy goes. Democratic. Often described as most balanced development in India and I see that. You just don’t see some of the misery you see elsewhere. Christians, Muslims, and Hindus also seem to cohabitate and collaborate peacefully here. I am about to meet with academics at the Center for Development Studies in Trivandrum to try to find out what Kerala’s secret is. More later…also thanks to all of you who helped in one way or another with the preparation of the trip, I am using all your recommendations and they are very helpful during this fascinating yet difficult trip. M”
Pen, Maharastra
It is in a basement office that I met with a committee of farmers from the village of Pen in Marahastra. They were eager to tell me about the controversial SEZ (Special Economic Zone) situation they find themselves in:
“No agitation is allowed”
“An SEZ on our farmland would be administered like a foreign territory.”
Special Economic Zones (SEZs) are enclaves whose tax breaks and relaxed regulatory requirements are intended to attract foreign investment, spur the creation of world-class infrastructure, and create jobs. India’s recent adoption of the SEZ concept in 2005-2006 seems to have been inspired by the success of China’s SEZs such as Shenzhen or Dongguan. [i] If so, tells us political scientist Prof. Rob Jenkins, “it still remains a mystery why India’s SEZ policy is so strikingly different from the Chinese one.” It does seem that in China the emphasis was on large sites (as the theory behind SEZs favor larger sites) whereas Indian SEZs can be as small as 10 hectares. The farmers’ anger and wonders was certainly along the same lines as Prof. Jenkins’ observation:
“We have the right to our land”
“What will an SEZ do for us?”
“This SEZ policy is breaking the nation, divesting many people of their property.”
“Our land is our livelihood. We don’t live in luxury but have abundance.”
“We will fight for this to the bitter end, we are ready to sacrifice our lives for the livelihood of our children.”
Pen is close to Mumbai, which lays the foundation for much profit to be made if these farmers’ land is transformed into real estate. The practice of land grab has been an issue in India (and beyond). Land has been acquired for development purposes, several times under suspicious conditions such as middle men. The end result is often costing the poor, creating distrust between farmers, i.e., and public or private development projects. Corruption is thus part of the problem. But so is the Indian state’s record at Resettlement and Rehabilitation. For a reaction to the 2007 Indian National Rehabilitation and Resettlement Policy by the Asian Centre for Human Rights, click here.
I can’t think of better words than Prof. Jenkins’ to conclude this vignette:
“It is an open question whether SEZs will evolve into islands of placid modernity amidst a sea of chaotic dysfunction, in which case they will symbolize the malaise that has beset India’s democratic experiment, or whether SEZs can generate new and responsive modes of governance that the rest of India will selectively emulate to make the quality of its democracy as impressive as its inclusiveness.”
Lavasa City, Maharastra
Google Lavasa City and you end up at http://www.lavasa.com/
If you visit their corporate office in Pune, you will receive a book titled “Life in Full. Lavasa.” Here is an excerpt from the book:
“The vision behind Lavasa is to promote maximum living, and celebrate life in full. A unique setting to Live, Work, Learn and Play in harmony with the highest environmental standards. At 2000-3000 ft. above sea level, Lavasa offers a vibrant, self-contained world encircling 25,000 acres of lakes and hills with an extensive Master Plan covering half that area. With expanses of open greenery and an abundance of material and spiritual choices, Lavasa is ideal for living at one’s own comfortable pace, while working in a pollution-free environment.”
When I visited the Lavasa corporate office, I asked whether they had a social corporate responsibility program. They do. They built a hospital and run education and family programs for locals. But there is another side to the social aspect of the story, and Lavasa is far from being a unique case in this sense. Lavasa City is located in the Western Ghats, and covers a territory traditionally home to a tribal community/adivasi. Lavasa social corporate responsibility program also includes a resettlement and rehabilitation program for tribals displaced as a result of the new city constructions. The day prior visiting the Lavasa office, I went to the field with an NGO, NCAS, and visited with tribals affected by the Lavasa constructions.
A tribal woman told me about her losses. While the Indian government has made efforts to legally allocate tribal land to its tribal communities[ii], her husband was victim of a middle man alcohol related scheme that made him sell his land for a small amount, de facto leaving her/them destitute of a way to sustain themselves and their way of life. The middle man sold their land to the Lavasa project. She insisted she wasn’t the only one in her community in this type of situation. Members of her community have relocated in difficult conditions more than once, staying around the land that once belonged to them.
As “On the Margins of Profit, Rights Risk in the Global Economy,” a 2008 report from Human Rights Watch, comments:
“Business activity around the world has a profound effect on people’ lives and livelihoods, but international debates about business conduct frequently neglect to fully consider the many ways that businesses can advance or impede the enjoyment of human rights. Existing corporate social responsibility initiatives, many of which have emerged in response to specific controversies, typically cover only a limited set of rights and apply selectively to individual companies or industries or particular country contexts such as conflict areas. There are no widely agreed overarching standards for all businesses, but instead many different standards that address select human rights, select companies or industries, or select countries situations. The result is a messy and inconsistent patchwork of voluntary pledges that have limited application, generally do not fully align with international human rights norms, and in any case are frequently disregarded in practice.” For the full report, click here.
Some of the report general recommendations seem very applicable to development induced displacement in India and beyond:
*In assessing the impact of business activity on human rights, it is important to focus as much on corporate ties with third parties that commit abuse as on cases in which businesses themselves directly cause harm.
*Economic interests and other factors can lead governments to neglect victims of business-related abuses. If business-related abuses are to be curbed, greater attention needs to be paid to governmental obligations in the face of abuses perpetrated or facilitated by private actors.
*Individuals whose rights are affected by businesses often are unable to obtain meaningful redress; in too many cases, they face retaliation for even trying. This finding reinforces the need to promote access to justice for victims of business-related abuses and the importance of further examinations of the reasons states are not providing appropriate remedies and reparations.
*Many companies have not ascribed to business standards addressing relevant human rights and, even when codes of conduct or commitments to social responsibility exist, they often are not adequately implemented. Additional standards and compliance mechanisms are needed.
This was also the impression of locals I met in Kerala…
A note about Tata: Tata, Indian business giant, is a philanthropy pioneer who offers many impressive philanthropic programs. Yet it is Tata that found himself in the middle of the Singur controversy.
This example also shows, in my opinion, the need for overarching human rights standards for business instead of the present "messy and inconsistent patchwork of voluntary pledges that have limited application."
Kerala…
I arrived in Kerala the day after one of their Bandh. Two contacts involved in the water preservation movement picked me up at the Kochi airport, and here we were on our way to Vana Samrakshana Samithi (VSS), a forest protection area (i.e, at Athirapilly waterfalls area) promoted by government with civil society. As previously noted, the state of Kerala features development that is more balanced than anywhere else in India. Yet it is certainly not free of development related imbalances, and such is the case of water management and distribution.
On the way to the Athirapilly waterfalls and VSS, my hosts were gracious at answering my questions about Kerala. Kerala is 38, 000 km2, and has a self-sufficient energy policy largely based on water power. Kerala features 40 small rivers and a lot of dams. Water conflicts exist in Kerala as a result of poor planning. Kerala has almost exhausted its river power as the state is attempting to satisfy industries’ demand for energy. Something needs to be done to protect Kerala’s ecosystem or it will lose its natural power benefits. I asked about other possible sources of energy. My hosts acknowledged environment friendly possibilities (such as solar), but warned that the damn building business is a profitable one.
My hosts also told me about a coca-cola plant that was recently built in Kerala, with state authorization of course, but without consultation of the local panchyats by neither the state or coca-cola. The plant withdrew so much water, at the detriment of locals (including farmers), that it was closed after 2 years on Supreme Court order. The detrimental consequences had begun shortly after the plant had started running. Compensation for the damages endured did not follow the closing of the plant as official policy does not cover those who are indirectly affected by development projects.
At Athirapilly falls area, I met with locals and tribals (i.e, Kadars) at risk of being displaced (or further displaced in the case of tribals) from their ways of life by a state dam project proposed in the name of eminent domain. The law of eminent domain can be justified when appropriate, although what is appropriate and what is not is often up for debate. Having said that, there are cases where it is really difficult to understand what does justify the invocation of the principle of eminent domain, and this proposed dam seems to be such a case.
The Kerala State Electricity Board (KSEB) proposes to build a 23m high dam across the Chalakudy river at Vazhachal, 5.5 km upstream of Athirappily. 80% of Athirappily water would be diverted through tunnel to reach the main power house (2X80MW), 2km below Athirappilly. The implementation of the project is being resisted by the Chalakudyriver Protection Forum and Athirapilly Action Council for the following reasons:
“The project would practically issue a death-warrant on the water falls and the eco-friendly local business around it, the river, the rare riparian forest, the rich flore and fauna (including elephants) and the people downstream (including scheduled [protected] tribes).”
“The construction of the dam would dislocate two colonies of KADARS, a primitive tribal group almost endemic to this river basin; only 1500 of them remain in the world; the two colonies together host around 300—ie 20%”
“The 163 MW project would only have an efficiency of about 12% and hence would be a burden to the proponents of the project themselves.”
When asked what the KSEB should do instead, the Athirappily Council members I met that afternoon provided the following answers:
“Increase the efficiency of the existing units.”
“Minimize Transmission and Distribution loss that works out to 22% during normal hours and 40% during peak hours at present”
“Switch over to CFL/LED bulbs and in three years completely do away with ordinary bulbs.”
“Encourage energy-efficient technologies and machineries in all sectors.”
“Avoid wastage of electricity.”
Sounds reasonable.
Side yet important note: Kochi airport fares better in terms of public-private partnership.
Some roots
The idea for this field work project in India first came to me a couple years ago as I was studying South East Asia… “The story of the Narmada Valley is the story of modern India,” says Indian writer and activist Arundhati Roy in her video documentary dam/age. There is, in fact, striking resonance between the India described by Pratap Bhanu Metha in his The Burden of Democracy and, for example, India’s Sardar Sarovar Project (SSP), one of the thirty constituent dams of the Narmada Valley Dam Project. This resonance speaks to the theme of prosperity and inequality as it points out that while the sphere of politics has created opportunities for people to participate in Indian society, persistent social inequalities and a crisis of accountability shadows India’s democracy and prosperity. The SSP is the second largest, in terms of area submerged and population displaced, of the thirty dams planned in the Narmada Valley. It is a project that has met with much resistance from social activists and lower casts, consequently displaced, populations.
In a 2005 draft paper posted on the “Political Research Online” branch of the American Political Science Association, Peter Penz, Jay Drydyk, and Pablo Bose articulate norms for development relating to displacement. They offer a review of previously articulated and employed norms, with some update. These first step findings of theirs can be summarize in the following table, entitled Specific responsibilities in the case of direct displacement.
CONCERS
LIMITS—when development should not proceed
Responsible Design
(a) Design ignores safety or social or environmental impacts. (b) Planning excludes stakeholders. (c) Unnecessary displacement likely.
Equity
(a) Unmitigated long-term losses in basic capabilities regarding: (i) basic needs, (ii) morbidity/mortality, (iii) occupational freedom, opportunity, and security, (iv) education, (v) community life. (b) Oustees risk impoverishment if rehabilitation fails, while development will not bring net reductions in poverty or social inequalities.
Comparative and Democratic Participation
(a) Public acceptance and consent from stakeholders not sought or obtained by fraud. (b) No effective mechanisms for negotiation/arbitration. (c) Stakeholders deprived of democratic procedures. (d) Oustees lack legal recourse.
Indigenous Peoples
(a) Prior informed consent not obtained. (b) Unmitigated losses to traditional lands, to self-determination, or to prospects for cultural survival likely.
Human Rights
Implementation (a) perpetuates or worsens lack of security, lack of democratic decision-making, or other human rights failings, or (b) compounds conflict induced displacement.
Environmental
Extensive unmitigated harm likely to (a) biodiversity, (b) ecosystem health, or (c) livelihood capacity
Cultural Sites
Unnecessary and unmitigated harm likely to cultural, historic, or religious sites of unique value to the population
Transparency and Compliance
No reliable mechanisms for (a) freedom of information, (b) auditing, (c) independent social and environmental reviews, or (d) effective legal recourse.
A distinction must be drawn between best-practice standards and minimum requirements. The above table only covers minimum requirements, and in the sole context of direct displacement. To learn more about possible extensions of this chart, see draft paper.
For more information on water conflicts in India, click here.
August 29, 2008
Mumbai
“Dear Mike and Keith, I thought I would email you at least a few lines on this second week in India before I make my way to the airport and come back home. At the end of the day this week was about how to improve the UN Global Compact and why. One of the whys is that it has potential to be an instrument of understanding on development in the context of the multilateralism I described in a previous email (August 22nd). As we know from UNND, this is no small matter. But it's far from being there yet, esp. in terms of development induced displacement. In other words, in many opinions, the UN needs to seriously boost the effort. Also, in the process of these two weeks, the complexity of India as a rising power concerned with human development—through the lens of this topic of development induced displacement—was teased out to a fair extent and will be of interest, I think, to a TSF/rising power audience. I come back with details to back up my claims." See India Field Work--Part II...
Photo Essay
http://my.slideroll.com/galleries/members/mmainil/gallery/development-projects-and-human-displacement-india-field-work/?g=wtqk334k
Footnotes
[i] For a good read on China’s SEZs, see Factory Girls by Leslie T. Chang. http://www.randomhouse.com/spiegelandgrau/catalog/display.pperl?isbn=9780385520171
[ii] A recent such effort is the Scheduled Tribes Bill: http://www.indiatogether.org/2006/apr/law-forest.htm#hilite
By Marie Mainil (mmainil)
Part I
September 24, 2008
“We need a new understanding of business ethics and governance, with more compassion and less uncritical faith in the magic of markets.”
Today, as upheaval on Wall Street steered anger in the U.N. annual meeting of the General Assembly, Ban Ki-moon, known for his discrete diplomatic style, let out these forceful words that brought me back to my recent trip to India, August 16-30, 2008.
Intro
With a grant from the India China Institute at the New School in NYC, and the generous support of the Stanley Foundation Rising Powers project, I embarked on a sort of interview it all field trip, partly designed as professional development. The topic: Development induced displacement, with a United Nations Global Compact twist to it. Not always sticking to a proposed itinerary in part because of security issues, I traveled the skies and roads—survived the roads, see, it’s not only that India drives on the left side of the road, both directions actually too often drive on both sides of the road, in the midst of vehicles of all sizes and shapes, yes, including elephants but also speedy modes of transportation—of India through Mumbai, Pune, Lavassa City, Pen, Kochi, Ernakulum, Trivandrum, Delhi, and Bhubaneshwar. I met with NGOs, tribals, farmers, villagers, officials, academics, and businessmen. Whenever I had access to a TV, I would hear about Singur and how India grapples with how to convert its farmland into factories.
On August 22nd, I reported to my superiors through what seemed (at the time at least) the life-saver blackberry the foundation had recently hooked me on:
“In terms of findings, the trends that appear now are 1. Land grab for development purposes is a huge problem in India and beyond in the context of rising powers. (Even in cities themselves! See documentary Road to Shangai via Mumbai, available at the India China Institute (ICI) in NYC.) Special Economic Zones (See SEZ NCAS documentary, available at ICI) where often foreign investment is involved, is a prominent example. Locals are not made partners in these endeavors and they rebel—some of them on terrorist lists. Hence the need for global rules such as the Global Compact if we mean sustainable development when we say development. If governments are going to pressure businesses, they better set up a good example themselves. Often they are both involved in the same projects. Not a piece of cake. But this seems so important in many regards, including in terms of multilateralism we promote at the foundation, that if I had my say I would suggest a Global Compact special advisor at the UN, who should also take on specific campaigns, and land grab is definitely up there as an issue. Locals agree. 2. Water Conflict is another huge issue. The needs of locals vs. powering industries. 3. In these contexts, it is my sense that in today’s world multilateralism cannot only mean horizontal top level multilateralism among countries, but also needs to mean multilateralism across different sectors of society at both national and international levels. Here again locals agree. Let’s see what discussions with officials will bring to the table. Lastly, I am, as I write, in a quite amazing state of India: Kerala. Communist state, definitely capitalist as far as the economy goes. Democratic. Often described as most balanced development in India and I see that. You just don’t see some of the misery you see elsewhere. Christians, Muslims, and Hindus also seem to cohabitate and collaborate peacefully here. I am about to meet with academics at the Center for Development Studies in Trivandrum to try to find out what Kerala’s secret is. More later…also thanks to all of you who helped in one way or another with the preparation of the trip, I am using all your recommendations and they are very helpful during this fascinating yet difficult trip. M”
Pen, Maharastra
It is in a basement office that I met with a committee of farmers from the village of Pen in Marahastra. They were eager to tell me about the controversial SEZ (Special Economic Zone) situation they find themselves in:
“No agitation is allowed”
“An SEZ on our farmland would be administered like a foreign territory.”
Special Economic Zones (SEZs) are enclaves whose tax breaks and relaxed regulatory requirements are intended to attract foreign investment, spur the creation of world-class infrastructure, and create jobs. India’s recent adoption of the SEZ concept in 2005-2006 seems to have been inspired by the success of China’s SEZs such as Shenzhen or Dongguan. [i] If so, tells us political scientist Prof. Rob Jenkins, “it still remains a mystery why India’s SEZ policy is so strikingly different from the Chinese one.” It does seem that in China the emphasis was on large sites (as the theory behind SEZs favor larger sites) whereas Indian SEZs can be as small as 10 hectares. The farmers’ anger and wonders was certainly along the same lines as Prof. Jenkins’ observation:
“We have the right to our land”
“What will an SEZ do for us?”
“This SEZ policy is breaking the nation, divesting many people of their property.”
“Our land is our livelihood. We don’t live in luxury but have abundance.”
“We will fight for this to the bitter end, we are ready to sacrifice our lives for the livelihood of our children.”
Pen is close to Mumbai, which lays the foundation for much profit to be made if these farmers’ land is transformed into real estate. The practice of land grab has been an issue in India (and beyond). Land has been acquired for development purposes, several times under suspicious conditions such as middle men. The end result is often costing the poor, creating distrust between farmers, i.e., and public or private development projects. Corruption is thus part of the problem. But so is the Indian state’s record at Resettlement and Rehabilitation. For a reaction to the 2007 Indian National Rehabilitation and Resettlement Policy by the Asian Centre for Human Rights, click here.
I can’t think of better words than Prof. Jenkins’ to conclude this vignette:
“It is an open question whether SEZs will evolve into islands of placid modernity amidst a sea of chaotic dysfunction, in which case they will symbolize the malaise that has beset India’s democratic experiment, or whether SEZs can generate new and responsive modes of governance that the rest of India will selectively emulate to make the quality of its democracy as impressive as its inclusiveness.”
Lavasa City, Maharastra
Google Lavasa City and you end up at http://www.lavasa.com/
If you visit their corporate office in Pune, you will receive a book titled “Life in Full. Lavasa.” Here is an excerpt from the book:
“The vision behind Lavasa is to promote maximum living, and celebrate life in full. A unique setting to Live, Work, Learn and Play in harmony with the highest environmental standards. At 2000-3000 ft. above sea level, Lavasa offers a vibrant, self-contained world encircling 25,000 acres of lakes and hills with an extensive Master Plan covering half that area. With expanses of open greenery and an abundance of material and spiritual choices, Lavasa is ideal for living at one’s own comfortable pace, while working in a pollution-free environment.”
When I visited the Lavasa corporate office, I asked whether they had a social corporate responsibility program. They do. They built a hospital and run education and family programs for locals. But there is another side to the social aspect of the story, and Lavasa is far from being a unique case in this sense. Lavasa City is located in the Western Ghats, and covers a territory traditionally home to a tribal community/adivasi. Lavasa social corporate responsibility program also includes a resettlement and rehabilitation program for tribals displaced as a result of the new city constructions. The day prior visiting the Lavasa office, I went to the field with an NGO, NCAS, and visited with tribals affected by the Lavasa constructions.
A tribal woman told me about her losses. While the Indian government has made efforts to legally allocate tribal land to its tribal communities[ii], her husband was victim of a middle man alcohol related scheme that made him sell his land for a small amount, de facto leaving her/them destitute of a way to sustain themselves and their way of life. The middle man sold their land to the Lavasa project. She insisted she wasn’t the only one in her community in this type of situation. Members of her community have relocated in difficult conditions more than once, staying around the land that once belonged to them.
As “On the Margins of Profit, Rights Risk in the Global Economy,” a 2008 report from Human Rights Watch, comments:
“Business activity around the world has a profound effect on people’ lives and livelihoods, but international debates about business conduct frequently neglect to fully consider the many ways that businesses can advance or impede the enjoyment of human rights. Existing corporate social responsibility initiatives, many of which have emerged in response to specific controversies, typically cover only a limited set of rights and apply selectively to individual companies or industries or particular country contexts such as conflict areas. There are no widely agreed overarching standards for all businesses, but instead many different standards that address select human rights, select companies or industries, or select countries situations. The result is a messy and inconsistent patchwork of voluntary pledges that have limited application, generally do not fully align with international human rights norms, and in any case are frequently disregarded in practice.” For the full report, click here.
Some of the report general recommendations seem very applicable to development induced displacement in India and beyond:
*In assessing the impact of business activity on human rights, it is important to focus as much on corporate ties with third parties that commit abuse as on cases in which businesses themselves directly cause harm.
*Economic interests and other factors can lead governments to neglect victims of business-related abuses. If business-related abuses are to be curbed, greater attention needs to be paid to governmental obligations in the face of abuses perpetrated or facilitated by private actors.
*Individuals whose rights are affected by businesses often are unable to obtain meaningful redress; in too many cases, they face retaliation for even trying. This finding reinforces the need to promote access to justice for victims of business-related abuses and the importance of further examinations of the reasons states are not providing appropriate remedies and reparations.
*Many companies have not ascribed to business standards addressing relevant human rights and, even when codes of conduct or commitments to social responsibility exist, they often are not adequately implemented. Additional standards and compliance mechanisms are needed.
This was also the impression of locals I met in Kerala…
A note about Tata: Tata, Indian business giant, is a philanthropy pioneer who offers many impressive philanthropic programs. Yet it is Tata that found himself in the middle of the Singur controversy.
This example also shows, in my opinion, the need for overarching human rights standards for business instead of the present "messy and inconsistent patchwork of voluntary pledges that have limited application."
Kerala…
I arrived in Kerala the day after one of their Bandh. Two contacts involved in the water preservation movement picked me up at the Kochi airport, and here we were on our way to Vana Samrakshana Samithi (VSS), a forest protection area (i.e, at Athirapilly waterfalls area) promoted by government with civil society. As previously noted, the state of Kerala features development that is more balanced than anywhere else in India. Yet it is certainly not free of development related imbalances, and such is the case of water management and distribution.
On the way to the Athirapilly waterfalls and VSS, my hosts were gracious at answering my questions about Kerala. Kerala is 38, 000 km2, and has a self-sufficient energy policy largely based on water power. Kerala features 40 small rivers and a lot of dams. Water conflicts exist in Kerala as a result of poor planning. Kerala has almost exhausted its river power as the state is attempting to satisfy industries’ demand for energy. Something needs to be done to protect Kerala’s ecosystem or it will lose its natural power benefits. I asked about other possible sources of energy. My hosts acknowledged environment friendly possibilities (such as solar), but warned that the damn building business is a profitable one.
My hosts also told me about a coca-cola plant that was recently built in Kerala, with state authorization of course, but without consultation of the local panchyats by neither the state or coca-cola. The plant withdrew so much water, at the detriment of locals (including farmers), that it was closed after 2 years on Supreme Court order. The detrimental consequences had begun shortly after the plant had started running. Compensation for the damages endured did not follow the closing of the plant as official policy does not cover those who are indirectly affected by development projects.
At Athirapilly falls area, I met with locals and tribals (i.e, Kadars) at risk of being displaced (or further displaced in the case of tribals) from their ways of life by a state dam project proposed in the name of eminent domain. The law of eminent domain can be justified when appropriate, although what is appropriate and what is not is often up for debate. Having said that, there are cases where it is really difficult to understand what does justify the invocation of the principle of eminent domain, and this proposed dam seems to be such a case.
The Kerala State Electricity Board (KSEB) proposes to build a 23m high dam across the Chalakudy river at Vazhachal, 5.5 km upstream of Athirappily. 80% of Athirappily water would be diverted through tunnel to reach the main power house (2X80MW), 2km below Athirappilly. The implementation of the project is being resisted by the Chalakudyriver Protection Forum and Athirapilly Action Council for the following reasons:
“The project would practically issue a death-warrant on the water falls and the eco-friendly local business around it, the river, the rare riparian forest, the rich flore and fauna (including elephants) and the people downstream (including scheduled [protected] tribes).”
“The construction of the dam would dislocate two colonies of KADARS, a primitive tribal group almost endemic to this river basin; only 1500 of them remain in the world; the two colonies together host around 300—ie 20%”
“The 163 MW project would only have an efficiency of about 12% and hence would be a burden to the proponents of the project themselves.”
When asked what the KSEB should do instead, the Athirappily Council members I met that afternoon provided the following answers:
“Increase the efficiency of the existing units.”
“Minimize Transmission and Distribution loss that works out to 22% during normal hours and 40% during peak hours at present”
“Switch over to CFL/LED bulbs and in three years completely do away with ordinary bulbs.”
“Encourage energy-efficient technologies and machineries in all sectors.”
“Avoid wastage of electricity.”
Sounds reasonable.
Side yet important note: Kochi airport fares better in terms of public-private partnership.
Some roots
The idea for this field work project in India first came to me a couple years ago as I was studying South East Asia… “The story of the Narmada Valley is the story of modern India,” says Indian writer and activist Arundhati Roy in her video documentary dam/age. There is, in fact, striking resonance between the India described by Pratap Bhanu Metha in his The Burden of Democracy and, for example, India’s Sardar Sarovar Project (SSP), one of the thirty constituent dams of the Narmada Valley Dam Project. This resonance speaks to the theme of prosperity and inequality as it points out that while the sphere of politics has created opportunities for people to participate in Indian society, persistent social inequalities and a crisis of accountability shadows India’s democracy and prosperity. The SSP is the second largest, in terms of area submerged and population displaced, of the thirty dams planned in the Narmada Valley. It is a project that has met with much resistance from social activists and lower casts, consequently displaced, populations.
In a 2005 draft paper posted on the “Political Research Online” branch of the American Political Science Association, Peter Penz, Jay Drydyk, and Pablo Bose articulate norms for development relating to displacement. They offer a review of previously articulated and employed norms, with some update. These first step findings of theirs can be summarize in the following table, entitled Specific responsibilities in the case of direct displacement.
CONCERS
LIMITS—when development should not proceed
Responsible Design
(a) Design ignores safety or social or environmental impacts. (b) Planning excludes stakeholders. (c) Unnecessary displacement likely.
Equity
(a) Unmitigated long-term losses in basic capabilities regarding: (i) basic needs, (ii) morbidity/mortality, (iii) occupational freedom, opportunity, and security, (iv) education, (v) community life. (b) Oustees risk impoverishment if rehabilitation fails, while development will not bring net reductions in poverty or social inequalities.
Comparative and Democratic Participation
(a) Public acceptance and consent from stakeholders not sought or obtained by fraud. (b) No effective mechanisms for negotiation/arbitration. (c) Stakeholders deprived of democratic procedures. (d) Oustees lack legal recourse.
Indigenous Peoples
(a) Prior informed consent not obtained. (b) Unmitigated losses to traditional lands, to self-determination, or to prospects for cultural survival likely.
Human Rights
Implementation (a) perpetuates or worsens lack of security, lack of democratic decision-making, or other human rights failings, or (b) compounds conflict induced displacement.
Environmental
Extensive unmitigated harm likely to (a) biodiversity, (b) ecosystem health, or (c) livelihood capacity
Cultural Sites
Unnecessary and unmitigated harm likely to cultural, historic, or religious sites of unique value to the population
Transparency and Compliance
No reliable mechanisms for (a) freedom of information, (b) auditing, (c) independent social and environmental reviews, or (d) effective legal recourse.
A distinction must be drawn between best-practice standards and minimum requirements. The above table only covers minimum requirements, and in the sole context of direct displacement. To learn more about possible extensions of this chart, see draft paper.
For more information on water conflicts in India, click here.
August 29, 2008
Mumbai
“Dear Mike and Keith, I thought I would email you at least a few lines on this second week in India before I make my way to the airport and come back home. At the end of the day this week was about how to improve the UN Global Compact and why. One of the whys is that it has potential to be an instrument of understanding on development in the context of the multilateralism I described in a previous email (August 22nd). As we know from UNND, this is no small matter. But it's far from being there yet, esp. in terms of development induced displacement. In other words, in many opinions, the UN needs to seriously boost the effort. Also, in the process of these two weeks, the complexity of India as a rising power concerned with human development—through the lens of this topic of development induced displacement—was teased out to a fair extent and will be of interest, I think, to a TSF/rising power audience. I come back with details to back up my claims." See India Field Work--Part II...
Photo Essay
http://my.slideroll.com/galleries/members/mmainil/gallery/development-projects-and-human-displacement-india-field-work/?g=wtqk334k
Footnotes
[i] For a good read on China’s SEZs, see Factory Girls by Leslie T. Chang. http://www.randomhouse.com/spiegelandgrau/catalog/display.pperl?isbn=9780385520171
[ii] A recent such effort is the Scheduled Tribes Bill: http://www.indiatogether.org/2006/apr/law-forest.htm#hilite
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