---------- Forwarded message ----------
From: sinlung indigenous peoples human rights organisation <[EMAIL PROTECTED]
>
Date: 31 Mar 2008 11:41
Subject: [ASIAN-HRDN:150] SIPHRO STAND ON TIPAIMUKH DAM
To: Babu Sundara <[EMAIL PROTECTED]>,
[EMAIL PROTECTED], [EMAIL PROTECTED]

*SIPHRO STAND ON TIPAIMUKH DAM*



*Concerned with the certain impacts the Tipaimukh Hydro Electric Project
would have on the indigenous Hmar people and others who will be affected by
the proposed Mega Dam, Sinlung Indigenous People Human Rights Organisation
(SIPHRO) made its stand clear on the issue of Tipaimukh Dam after an
intimate analysis of the indigenous people at stake whose land and resources
would be placed at the altar of the Dam. SIPHRO made its stand clear as it
felt the need to communicate to governments, private sector, civil society,
the affected people and to the diverse activists of Dam. SIPHRO immensely
felt the need to address the serious issue of the proposed project as it is
essential in any attempt to reach an adequate analysis of the basic systemic
changes needed to achieve equitable and sustainable development and to give
a pointer towards challenging the forces that would lead to the
marginalization of indigenous people from their ancestral land through the
imposition of unjust technologies like the proposed mega-dam in Tipaimukh.*



1.             Dams, today, stand to represent the symptom of the larger
failure of the unjust and destructive dominant development model. Globally
the failure of large dams to provide their claimed benefits and poor
performance needs to be recognized and accepted. There is no ground for
optimism on the feasibility of improving the poor and inhumane performance
of dams as well as mitigating their impacts. A major question will continue
to be the humane and just treatment of Hmar indigenous peoples of Tipaimukh
and others if the dam is constructed. The rosy compensation and relief and
rehabilitation packages and measures will never account for the loss that
the indigenous peoples could not even imagine today. Moreover, they do not
even have the idea to imagine the size of the proposed project and the
impact that will be inevitable. The project, therefore, is an immature model
where the indigenous people are left in the lurch.



2.            The Government of India's policy and experience on Relief,
Rehabilitation and Resettlement (RRR) is marred with failure, which,
therefore, cannot be accepted in any manner. This policy has been employed
as a tool to push the indigenous people out of their own land. The RRR and
the promises attached to it cannot be the ground for providing the same,
when it has failed on all fronts.



3.            There is no equity, transparency, accountability,
participatory decision-making, consent of the indigenous Hmar people on the
proposed Tipaimukh project. This will go a long way to hindered human
development, which, though, is not the objective of the proposed dam.



4.            North Eastern Electric Power Corporation Limited (NEEPCO) and
the Government of Manipur ought to know that the biggest stakeholders in the
case of the proposed project are the indigenous Hmar people. As such, they
cannot be left out in anything that concerns their land, rivers, forest,
resources, and their future. They should be practically involved in any
process of decision-making with equal status to other stakeholders, if there
is any. The biggest stakeholder, who, today, constitutes the marginalized,
poor, and vulnerable group, should not be neglected in anything that
concerns them, their land, rivers, forest, culture and resources. The State
actors, dam builders and other non-state actors should incorporate the
rights of the same people into any of their plans that involved their land,
forest and rivers. In doing so, they should consider the stakeholder rights,
land rights and the broader human rights.



5.            SIPHRO is convinced that the proposed Tipaimukh project is
being pushed to settle powerful vested interests, which is represented by
the State as well as profit-making Multi National Companies (MNCs).
Understanding the under layered interest of these actors negates the need to
negotiate in the pursuit to emphasise on certain priorities and primacies.
The secure existence of the indigenous Hmar people and others, alive with
their identity, culture, traditions, land, forest, rivers and other social,
cultural and environmental parameters ought to have a priority weightage
than the technical and financial aspects in any decision-making process.



6.            The larger context of national and global political and
economic trends that usually affect decisions in the water and energy sector
shall not be employed to trample the inalienable human rights of the
indigenous people in whose land the project is proposed.



7.            No undue legitimacy should be granted to corporations,
financial agencies, and other actors inside the land, forest and rivers of
the indigenous Hmar people. The simplicity, ignorance and innocence of the
indigenous people should not be exploited at any cost.



8.           Tipaimukh Mega-Dam project should be centered on the interests
of the indigenous people, who are the traditional owner and dweller of the
land, rivers and natural resources.



9.            Besides the need for a pre, prior and informed consent on the
prospect of a destructive structure that will alienate the indigenous people
from their ancestral land, there should also be a mass education and
awareness campaign at the grassroots level in Tipaimukh in the interest of
enlightening the people about the effects of the dam. This should be done by
employing comparative and case studies of the experience of the dammed
people, land, and rivers of the country and other countries as well. A pre,
prior and informed consent without educating the people at the grassroots
level would be a gross injustice to their existence as people and a negation
of their citizenship rights. The ignorance, innocence, poverty and
systematic deprivation of the people and their land should not be exploited
with monetary and materialistic promises to lure them into accepting a
detrimental mega project, which the Tipaimukh people could not imagine of
the size and the inevitable impact the dam would have.



10.        SIPHRO questions the logic and rationality behind conducting
public hearing in Vairengte (Mizoram) and other places outside Tipaimukh
when the dam is proposed at Tipaimukh (Manipur). The ongoing exercise of
"Public Hearing" is a vain attempt as it deliberately misses out the people
who will be affected by the mega-dam. The Hmar indigenous people of
Tipaimukh have not been involved, in any significant way, in formal
discussions or consultations related to the proposed mega-dam that is
projected in their land.



11.         The principles of common, but differentiated responsibilities,
equity, social justice and sustainable development should remain the key
principles underpinning the entire negotiations, policies and programs on
the project. The human rights based approach to development and the
ecosystem approach should guide the design and implementation of any
structure that is projected in Tipaimukh.



12.        The promotion of large-scale technologies or large scale
hydropower technologies should be discouraged in Tipaimukh. SIPHRO strongly
upholds that any plans to build Large Hydro Dams should take into
consideration the recommendations of the World Commission on Dams (WCD).
Indigenous peoples in different parts of the world have already disappeared
due to sea-water rise and erosion and have also become environmental
refugees due to big dams. Displacement and any forms of exclusion of the
indigenous peoples from their land, forest, rivers, resources and their
rights upon it, should be avoided at all costs. Further, SIPHRO stand to
safeguard the indigenous people from any forces that may result in
disempowering and division of the same people. The indigenous people of
Tipaimukh should not be allowed to experience the same plights in their
ancestral land.



13.        The United Nations Declaration on the Rights of Indigenous
Peoples should serve as the key framework in the formulation of plans for
development and should be considered in all processes related to the
multi-purpose project proposed in Tipaimukh.



14.        SIPHRO strongly felt the need to reform existing laws of land
tenure system, which discriminate the collective rights of indigenous people
in their land.



15.         SIPHRO felt the urgent need to provide education, policy
support, technical assistance and funds to the indigenous people in
Tipaimukh to undertake their own mitigation measures in the areas of
building small-scale energy systems, biodiversity conservation, managing
streams and rivers, improving livelihood, etc. They should gain benefits
from the environmental services derived from their land and resources.
Processes and mechanisms for the valuation of these environmental services,
and methods that allow them to get adequate benefits should be developed
jointly with the indigenous people who are the traditional dwellers of the
land. Besides, there are many other options and alternatives to explore in
the quest of developing Tipaimukh. Big Dam is not the solution.



16.        Hmar indigenous people share an intricate relationship with their
lands, environnment, territories and resources. This relationship is the
very basis of their economic, social and cultural systems, and their
identities as a people. By virtue of these distinct characteristics, the
proposed mega-dam would affect them in a particularly adverse manner. The
proposed project introduced a threatened status for the indigenous people
whose future will be shocked if the project is initiated.



17.         Rather than having to tolerate unauthorised intrusions upon
their ancestral lands, indigenous people of Tipaimukh will be compelled to
assert their rights to give, withdraw and withhold prior and informed
consent, if there is any.



18.        SIPHRO is convinced that NEEPCO has no clear internal safeguard
policies. Despite that, it is doggedly engaged in financing and building a
project that will have significant negative environmental, cultural,
political and livelihood impacts. The impact of the project will be most
felt by the indigenous Hmar people, their culture, language, identity,
belief system and demography that has its ancestral roots in Tipaimukh. The
proposed mega project would submerge productive farmland, forest and
riverine habitat; affecting the entire people and their way of life that
will leave the indigenous people more impoverished, marginalized, exploited,
exempted and negated than before. Besides, it will also dewater hundreds of
kilometres of river downstream from the dams. Moreover, NEEPCO has no
obligation to adhere to the strategies for poverty alleviation and
socio-economic development of the people who will be affected.



19.        NEEPCO failed to make public to the indigenous people of
Tipaimukh the "demonstrable acceptance" of the proposed project. It also did
not make any participatory reviews of the proposed project, despite the
numerous "public hearing" that it has conducted outside Tipaimukh. Moreover,
NEEPCO did not make public of its assessment on such issues as dam safety,
and possible decommissioning.



20.       The Government of Manipur and NEEPCO should immediately stop
marketing and mitigating the Tipaimukh multipurpose project as a model dam
project and panacea to Tipaimukhs' development woes. It is certain that the
project, instead of alleviating poverty, will have severe impacts on the
lives and livelihoods of the indigenous people. Besides, in a State like
Manipur, known for its notoriety and corruption, financial mismanagement and
lack of transparency and political will, there is little evidence to support
the promises. How can a constituency that has been neglected and deprived
since the birth of the country and statehood be expected to develop by a
dam, which is known for its potential destructive character. Moreover the
political climate in Manipur works against successes for such a plan. The
experience of the Hmar indigenous people with the Government of Manipur is
one marred with untold marginalization and deprivation. Therefore the
present situation of Tipaimukh is more than enough to speak for any promises
made with the proposed project. When the Government of Manipur immensely
failed to exhibit any commitment to addressing the serious plights of the
Hmar indigenous people in Tipaimukh in the face of gross human rights
violations, absence of public distribution system and governance, absence of
infrastructure, etc., it is beyond the expectation of the Hmar indigenous
people to expect the same government or NEEPCO to make a commitment to
address the project's broader social, economic and environmental objectives.



21.        SIPHRO firmly opines that the one-sided project which is proposed
in Tipaimukh requires a collaborative study by using the WCD Report and
focusing on the interest and rights of the indigenous people. There is an
urgent need to revisit, whether or not the proposed project that will result
in building a mega dam is needed in the light of the WCD recommendation and
the challenges of the indigenous people. If a joint study clearly and
ambiguously illustrates that the dam is needed, SIPHRO would be compelled to
look for the best option available for the indigenous people, their land and
resources and support it. Otherwise, it will always stand to address the
numerous shortcomings in the interest of the indigenous people, their
ancestral land and inalienable rights.



22.       In conclusion, the proposed project is immature. The process for
choosing it ignored both the indigenous people and the recommendations of
the WCD. SIPHRO is convinced that there are better ways towards development
and helping the poor compartments get water and electricity. It urged the
State actors as well as non-state actors to identify them.





*Sincerely,**
*

* *

*(LALREMLIEN NEITHAM)*

Secretary

*Dated:* March 29, 2008




-- 
Bobby Kunhu

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