Asserive Acion and Mobilizaion

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 1972. This would displace tens of thousands of people, mostly indigenous communities, including those that had earlier been displaced by the Kaptai Hydroelectric Dam 1960 and rehabilitated for government-run agro-forestry projects of the Jum Control Division of the Forest Department. Facilitated by the local NGO, Taungya, many of the community leaders gathered in Rangamati in the early 1990s to deal with the issue from a common platform. They in- cluded the headmen and communities of the Betbunia-Kashkhali areas and the Chakma Chief, who petitioned the Prime Minister and concerned forest officials, plus the com- munity leaders of the Rajasthali area, who even went to the High Court to protect their rights. The case is still pending. The meeting resulted in the formation of the Commit- tee for the Protection of Forest and Land Rights in the CHT, which was later re-named as the Movement for Protection of Forest and Land Rights in the CHT. Since its inception, the Movement has been raising awareness about the issue among CHT communities. They have mounted peaceful resistance programmes and campaigns, and even held direct dialogues with Forest Department and senior government officials and leaders. Although the possession of some of these lands have been taken over, and its in- habitants evicted, in most cases the Forest Department has been unable to take over possession. It is widely believed that unity among the concerned communities has suc- ceeded in preventing takeovers, even though the formal gazette notifications have not been removed. Case study 2. Jharkhand Jungle Bachao Andolan Jharkhand Save the Forest Movement Over the past decades, communities all over India have started to protect whatever forests remain to them, and to regenerate denuded forests. In 1996, a report was pub- lished, saying: An estimated 12,000 to 15,000 villages, primarily in eastern India, have mobilized to protect one to two million hectares of regenerating forest. The evolution of this approach to resource management draws on both ancient traditions and emerg- ing strategies. Poffenberger et al. 1996: 2 In Jharkhand, the Jungal Katai Andolan was launched as early as 1978, as a pro- test movement against the devastation of forests in the Kolhan-Singhbhum area, mostly inhabited by the Hos. The forest rights movement remained particularly strong in re- gions of Ranchi and West Singhbhum districts that were inhabited by the Munda and the Ho, and protests continued in a sporadic manner until the emergence in 2000 of the Jharkhand Jungle Bachao Andolan JJBA, the Jharkhand Save the Forest Movement. The JJBA emerged out of an initiative to launch a campaign for the restoration of the forest rights of the Adivasi in Jhakhand. The forest rights campaign is run as a project by the Bindrai Institute for Research Study and Action BIRSA with support from the In- ternational Work Group for Indigenous Affairs IWGIA. Under the still ongoing project, existing Forest Protection Committees have been strengthened, and the formation of new Forest Protection Committees has been promoted. Communities have launched the JJBA as a grassroots movement for the restoration of indigenous peoples’ forest rights, 96 Module-4 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP providing themselves with a common platform for experience-sharing, coordination and cooperation. Over the past eight years, JJBA has witnessed an enormous expansion. It now has about 5,000 registered members in 45 blocks in 12 of 22 districts of the state. An indica- tor of the scale of mobilization achieved by JJBA is the number of people attending ral- lies in the state capital, Ranchi. In 2000, around 7,000 people gathered for the first rally, and in 2006, around 20,000. While the protection of their forests is the concern around which the work of the JJBA revolves, the indigenous peoples of Jharkhand have also become conscious of the importance of forest conservation. They have started to act and make demands, to con- front and challenge forest officials, contractors and the timber mafia, and they have filed a case at the High Court of Jharkhand to restore the Mundari Khunkati villages’ rights over their communal forests. The Adivasi communities gath- ered under the banner of JJBA have understood that they can protect their forests in the long run only if their rights over their forests are rec- ognized. Re-establishing control gives them the confidence that they will be able to reap the fruits of their ef- forts, and thus the incentive to forego immediate returns in favor of long- term protection. Thus, the determi- nation of indigenous communities in Jharkhand to protect and regenerate their forests is inseparably linked to asserting their customary rights over them. Given the non-cooperative attitude which the Forest Department has so far shown, this simply means: keeping the Forest Depart- ment out of their forests. It may also imply confrontation with the timber mafia who, of- ten in direct collusion with the Forest Department, continue to illegally fell timber. And it may even mean that they have to do away with their own leaders, if these have become corrupted by contractors and Forest Department officials.

V. CHALLENGES

A. Three Levels Of Challenges

1. Needs, capacities and pro- posed strategies for promoting compliance with UNDRIP provi- sions on the rights of indigenous peoples to land, territory and re- sources in their particular country; 2. The implementation of the said strategies; and 97 Module-4 Rallye and public meeing of the Jharkhand Jangal Bachao An- dolan JJBA – Jharkhand Save the Forest Movement in Ran- chi, the capital of Jharkhand. Photo by Chris Erni This inal secion should be a paricipatory process of envisioning and ideniicaion for the paricular context of the paricipants. Discuss with the paricipants the three levels of chal- lenges see below. Split up the paricipants into workshop groups, and have them do poster presentaions aterwards, in plenary. Suggested Method RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 3. The monitoring of this implementation.

B. SOME GUIDANCE FOR THE TRAINERS

1. Needs, capacities, strategies

Needs, capacities and strategies will, of course, vary between communities, indigenous peo- ples and countries.

a. Challenges regarding needs:

How well do the communities and their leaders know the national laws related to the right to land, territory and resources? Is there a need to provide more and better information? This means information material that is culturally appropriate and easily accessible popular book- lets, videos etc. If people know their rights, how well are these rights recognized, protected in the form of, e.g., title deeds or other official documents? Do they know and have access to the government agencies in charge of issuing these documents? If their rights are violated, i.e. their land, territories or resources are encroached upon or alienated, do they know how to respond? What are the ways to respond? Do they need help? Do they know who can help legal aid groups, advocacy and support or- ganizations, lawyers, Human Rights Commissions etc.?

b. Challenges regarding capacities

In order to address the needs identified above, communities and their leaders need specific knowledge and skills. Are your communities and leaders able to address the needs identified above? What are their strengths, what are their weaknesses? What is needed to increase their capacities? What kind of capacity building training, ex- change, exposure do they need? Who can provide these?

c. Challenges regarding strategies

If laws protecting the rights of indigenous peoples to land, territories and resources are in place and considered appropriate, the communities need to develop a strategy for ensuring that the law is properly implemented this will be covered below. Trainers should know the basic laws and policies of the country related to the right to land, territory and resources. Note to trainers 98 Module-4