RESOLUTION AGAINST THE PUBLIC HEARING CONDUCTION BY MANIPUR POLUTION CONTROL BOARD
The gathering of Hmar Student Association(HSA), GHQ, Zomi Students’ Federation, GHQ, Sinlung Indigenous Peoples Human Rights Organisation (SIPHRO), Zomi Human Rights Foundation (ZHRF), Zeliangrong Student Union, and Intellectuals on the Fifth Day of August, Two Thousand and Twelve Anno Domino at the office of Hmar Students Association, GHQ, Rengkai, Lamka, Manipur have a detail deliberation on the Oil Exploration without free, prior and informed consent by Jubilant Oil and Natural Gas Pvt Ltd
AND unanimously CONCLUDED that,
the discreet agreements for Oil Exploration by M/s Jubilant Oil and Natural Resources Private Limited between Ministry of Petroleum & Natural Resources, Government of India were incomprehensible;
The gathering condemns the State Government for given a permission to use an area of 4000 square kilometers which includes the Tipaimukh Project area for the exploration work without any consultation of the Hill Areas Committee (HAC).
It is condemn both the Governments and Jubilant Oil and Gas Private Ltd for undermining the Manipur Hills Regulation Act, 1947, Indian Constitution Article 371 (C ) which protects, promote the existing traditional tribal Chieftainship institution and tribal right over land.
AND therefore unanimously DECIDED to object, in toto,
the Public Hearing organized by Manipur Control Pollution Board to be held at Parbung Village on 8th August, 2012, where the people were not informed or have no knowledge about the pros and cons of Oil exploration and extraction;
AND
and as the said Oil exploration would affect the cultures, traditional livelihood, socio-political life of the Indigenous people and the flora and fauna of the region;
the august gathering unanimously RESOLVED that,
(i) the Government provide a Constitutional Protection and safeguard to Tribal land, culture, customs, values and traditional institutions such as Chieftainship.
(ii) the Government should protect and promote the United Nations on the Rights to
Development which state that “the right to development is an inalienable human rights by
virtue of which every human person and all peoples are entitled to participate in, contribute
to, and enjoy economic, social, cultural and political development, in which all human
rights and fundamental freedoms can be fully realized.
(iii) the Government should protect the International Labor Organization 107 Article 11 which read “the right of ownership, collective or individual, of the members of the populations concerned over the lands which these populations traditionally occupy shall be recognized'' and extend to ratifying of ILO 169.
(iv) The States should promote and defend the rights guaranteed by the Universal Declaration
on Human Rights (UDHR),Vienna Conference Declaration, 1993 and United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP).
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OBJECTION PARBUNG PUBLIC HEARING MEMORANDUM SUBMITTED TO MANIPUR POLLUTION CONTROL BOARD
To,
The Member Secretary,
Manipur Pollution Control Board
Imphal, Manipur
Camp: Parbung
Subject: Objection regarding the Parbung Public Hearing.
Sir,
I, the undersigned on behalf of the Foundation have the right to object the proposed Parbung Public
Hearing which is to be held on 8th August, 2012 in the interest of the Indigenous Tribal Peoples on the following the grounds:
That, the discreet agreements signed for Oil Exploration by M/s Jubilant Oil and Gas Pvt Ltd between Ministry of Petroleum & Natural Resources, Government of India were incomprehensible. Why are the locals not just of the villages concerned, but of the hilly peoples in general, not fully intimated regarding the agreement between the government and the private company.
That, the discreet agreements of both the parties was signed without a free, prior, and informed consent of the Indigenous People who according to the Manipur Hills Regulation Act of 1947 were the true and rightful owner of the Land and without any consultation the Hill Areas Committee, Manipur (HAC), a Constitutional Body under Indian Constitution 371 (C ) to be consulted with any affairs related with the Hills of Manipur. Furthermore, the grassroot level representatives of the People, the Autonomous District Council of Churachandpur was neither taken into consideration nor consulted. The tacit consent of the Autonomous District Council, for this matter is a pre-requisite and a sine qua non when matters related to the hills in Outer Manipur, which are unsurveyed hill land.
That, Environmental Impact Assessment for the scientific exploration was conducted for six months i.e., November 2011 to February, 2012, during the Manipur General Election, where everyone is busy in exercising their Right to Vote. It was conducted without the participation of the people concern. It is pertinent to note that relying on the basis of the EIA, the project would have no impact during the spring and monsoon seasons, when the rainfalls are heavy in the region. Why is there no environmental impact assessment conducted during the spring and monsoon season? What logic of justice do they imagine we will buy into, when the EIA was conducted in service of the Jubilant Oil and Gas Company rather than in service of the people? What precludes the people from calling their own experts to conduct the EIA, paid from state funds, and experts who have no tie, connection or interest with the Jubilant Oil and Gas Ltd.
Whatsoever? In other words, why is the EIA not conducted by an impartial, independent body? Why does the EIA presuppose an erroneous view of animal habitation by equating it with human habitation, when in fact the habitats of humans and animals are diametrically different? Why does it not take into account the fact that most animals are migratory species without any fixed habitat, changing settlements depending on the available of food, security and shelter and therefore, seldom subsisting in one place? Why does the report claim environmental challenges can properly be mitigated against – without however properly stating the mechanisms by which such mitigation measures will be carried out ? What will be the consequences to damage in the waste water treatment, if that damage occurs in rainy season where the rainwater can carry off the wastes and distribute them elsewhere, thus causing environmental damage? What “specific mitigation measures” are the company proposing for restoration of soil fertility – and whether such measures actually are provably working, and if working elsewhere, whether they are workable in the present politico-administrative, environmental and social reality of the region. Whether the environmental impacts have been adequately explained to the locals, and whether they truly understand the tradeoffs involved?
That, the licensing by the Government of India and the Government of Manipur and then the ongoing process of surveying for exploration and extraction conducted by the M/s Jubilant Oil & Gas Pvt Ltd in the Hills of Outer Manipur, particularly in Churachandpur District is against the principle of Free Prior Informed Consent propounded by the various International Human Rights Laws. Article 1 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 1(i)of the International Labour Organisation Convention 107 have been violated by the discreet acts of drawing a licensing agreements and the overt act of surveying for exploration of oil into the land belonging to the Indigenous People. The rights of the Indigenous People to participate in decision making and development as laid down in the United Nations Declaration on the Right of the Indigenous People have been trampled upon, encroached into and violated. The Rights of Indigenous People to their land and culture, tradition and practices must also be respected when a decision that affects their being are in issues. The Impact Assessment is more concern on the environment rather than the socio-economic and human rights impact.
That the aforementioned concerns of the affected people have not been address, can only be explained as being due to the lackadaisical attitude of the companies concerned, and of the government itself, towards the welfare of the people whose lives will be affected; and that the companies, in their uninhibited quest for profits and wealth-generation for themselves, have not the least concern for the well-being of the villagers. We cannot but conclude that the Environmental Impact Report considers the people to be expendable, useful only insofar as they contribute to fulfilling their vested interest – first, by consoling them with small promises, second, by buying their silent consent on the basis of those promises, and third, by them providing the unskilled manpower they need to successfully conduct their operations without incurring too much costs on the companies.
We are therefore forced to conclude that the opportunity costs of allowing exploration in the said regions is far too high – the probable destruction, long-term and short-term, and the socio-cultural fall-out, which in all likelihood will occur, is far too great to be exchanged for a few bread, coins and indentured labor.
Every tribal is thereby urged to oppose, with all their might, power and nerve, any oil exploration of any kind, at least in the near future; to resist and keep resisting till such time we are educated and self-aware of our rights – till all companies far and near who have interests in profiting from exploitation of our land and resources, are prepared to respect these human and tribal rights.
Yours truly,
SUANMOI GUITE
Secretary General,
Zomi Human Rights Foundation
Date : 7th August, 2012
Lamka
Reference No. : 3/ZHRF/Memo//12
Copy to: 1. Relevant file
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