PESA:
ENGENDERING GOOD GOVERNANCE & ACCOUNTABILITY: EFFORTS
TOWARDS ENTITLEMENTS & JUSTICE FOR TRIBAL COMMUNITIES
The Panchayat Extension to The Schedule Areas (PESA) Act, 1996 is one of the more progressive legislations for tribal regions, providing for self-governance and recognizing the traditional rights of tribal communities over their natural resources. Recognising the importance of the fifth Schedule areas in 8 states, the Act has provided for powers of social audit, and prevention of land alienation to the Gram Sabha. The provisions of this Act are far reaching in their implications, yet there are several problems with putting the provisions of the Act in place. Even as tribal communities remain oblivious to the enabling powers and provisions of this Act, State Governments have become quite uncomfortable with the mere existence of this Act, and have been trying to reverse the provisions therein; realizing perhaps that proper implementation of the Act would considerably erode the power-base of the bureaucracy and politicians. The Government of Orissa amended 'The Orissa Gram Panchayats Act, 1996' on 22 December 1997, which is now called 'The Orissa Gram Panchayats (Amendment) Act, 1997' in its efforts to ratify the PESA. However, this has been done with much dilution of the powers of the Gram Sabha, and with fairly sweeping powers provided to the administration at the district level in various matters.
On the other hand, provisions under the Act have been quite disregarded by State Government. As has been observed by several forums organized by the Government itself, the main objective of PESA was to enable tribal society to assume control over their livelihoods, conserve and manage natural resources and protect their traditional rights. All States have enacted legislation as provided for in the Central Act. Notwithstanding the legislation, it appears in the implementation it has been diluted at the cost of tribals. Critical issues such as access to natural resources, especially the definition and rights over minor forest products, remain unresolved and in general the intentions of the PESA have not been realized in any serious measure in any of the States with large tribal populations.
The Provisions for Gram Sabha and Pali Sabha in the 73rd Amendment and the PESA Act are unique in institutionalising a direct interface between the elected representatives and the electorate. This is the basis for participatory democracy, which has been enshrined in the constitution. But, despite the legislations, participatory democracy is far from becoming a reality, except perhaps in a state like Kerala.
In the tribal regions, however, there is a glimmer of hope for participatory democracy, as tribal communities have a tradition of equality and democratic decision-making. Agragamee has been able to show in no uncertain terms that given the opportunity, and the information, participatory democracy can be well on the way to becoming a reality in the 5th Schedule Panchayats. Where village committees have organized, where tribal women have joined in the process, the participatory democracy has taken shape in the form of people demanding accountability of the elected representatives and Government functionaries, in terms of villages challenging decisions that have gone against Gram Sabha and Palli Sabha resolutions, as also asserting their right to determine the course of development in their village, as per the provisions in the PESA.
This is an essential learning, which needs to be shared with tribal communities from other fifth schedule areas as well, so that the people's voice could be strengthened, and they could learn once again to take their own decisions, and make their own destiny.
PESA Central act and State act: A comparative analysis:
The comparative analysis of the PESA State Act and the PESA Central Act yields the fact that the PESA Act has been much diluted in the process of ratification by the state, and the much of the powers of the Gram Sabha have been given to the district administration, or to the Zilla Parishad. However, it was pointed out, that there are Provisions in the Central Act, which clearly state that nothing in the State Act can be inconsistent with certain powers provided to Gram Sabhas in Scheduled areas which enable them to take decisions over their own resources, and protect their identity, and allow them to restore alienated tribal land to its lawful owner. Thus, if a provision in the State Act goes against the Central Act, it would be the latter that prevails.
Panchayat Level programmes:
In collaboration with 40 NGOs, grassroots programmes were organised to bring about an increased understanding on the PESA Act, and make decentralised governance and participatory democracy a reality in the selected tribal regions. The participation of NGOs involved at the grassroots with a similar commitment to people's empowerment, ensured good participation of village committee leaders, elected representatives, as also local resource persons who had knowledge and experience on the subject.
The methodology adopted for the programmes were as follows:
Lecture cum discussion on Panchayati Raj, especially focussed on PESA: The participants were asked to tell their expectation in the Capacity Building programme and accordingly the concerned subject/issue were discussed to enhance their knowledge-base on that specific area. Lecture cum discussion process helped participant to acquire knowledge on various provisions, laws and programmes.
Experience sharing: Through this process, PRI members shared how their concerned Gram Panchayats are working and discussed the current status of the PESA Act. Apart from this, the process helped the participants to speak out free and frankly regarding various issues and problems pertaining to the working of PRI system which further helps to set future programmes. It also helped in compiling field data and fact to include in the training materials and reports.
Open Discussions: were held to illicit different information, know issues and problems, efficiency and effectiveness of different actors within the structure and build the capacity of the participants to analyse various dimension of PESA Act. It also helped to develop a culture of questioning among the PRI members.
Group Exercise: was employed to develop their perspectives and know their depth of awareness, inculcate their collective effort to workout strategic plan, community initiatives etc.
Effort was made during these capacity building programmes to encourage participants to share issues concerning PESA, as much as to inform them of the provisions under the PESA. What emerged was a rich canvas of experiences from practitioners, representatives, community members, as well as officials, which helped the participants analyse and understand the implications of decentralisation in its entirety. Given below is a sample of the issues and situations discussed, which lead to an increased understanding not just on the part of the trainees, but on the part of the trainers as well.
In conclusion, it can be said, that the programme has undertaken and also achieved considerably more than what was mentioned in the project proposal:
- The outreach in the districts has been five times what was projected in the initial proposal,
- The involvement of voluntary organisations has been beyond expectations, and the emerging network on the PESA holds out much promise of being a network that will carry on beyond the programme, and continue to make an effort towards making the PESA Act a reality in the tribal regions;
- Amongst women, there has been an increased realisation, more than just awareness of their powers in the Gram Sabha, and there is an eagerness amongst them to attend such forums. Pre-conceived notions in many places that it is only the men, or only the 'members' who can attend have been removed;
- In general, too there has been a realisation amongst participants that the people who vote also have powers in a Panchayat and take part directly in decision making;
- The conception of the Sarpanch, the BDO, the Secretary being the be-all and end all in the Panchayat Samiti and the Block, has been quite dispelled;
- Local Government officials as also elected PR Representatives are being asked questions, and called to account. There is a pressure on them to be transparent;
- Gram Sabhas in tribal regions are seeking to be more pro-active in the protection of the natural resources within their Panchayat;
- The mobilisation through the network meetings, and the capacity building programmes, has brought up a common consensus on a range of issues, including people's participation, tribal rights over natural resources, right to information, accountability of Panchayat functionaries, and government officials, etc. which promise well for the future of the network.
- The extensive outreach in four districts has been well coordinated, so that there has been much information gathered and there has been an involvement of all the organisations in the different phases of the programme.
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TRAINING ON PARTICIPATORY INTEGRATED WATERSHED MANAGEMENT
A training program on Participatory Integrated watershed Management was organized by Agragamee with the participation of all the watershed managers, Project partners of GAA watershed project, the staff of the watershed coordination office (WSCO), and technical experts of Agragamee from 21st July to 26th July 2004. Mr. Subrot Singdeo and Mr. Prasanna Nayak of "Madhyam Foundation", Nayapalli, Bhubaneswar, Orissa were the Resource persons for the above mentioned training.
The training Program was mainly a Managerial training which aimed at to improve the managerial efficiency of the watershed managers, project partners along with experts of WSCO especially in project management. The core focus area training was Effective Project Management by increasing the managerial quality of the staff and partners.
This had covered the topics like planning, organizing, implementation, coordination, stake holders analysis and capacity building, monitoring and evaluation along with Log frame analysis on watershed management and off farm / Non-farm sector enterprise development in the watershed project.
Several important topics like ABC (attitude, Behavior, communication) responsive and sensitive analysis, Empowerment analysis, Framing of Expectation, planning with the information and planning for the information, strategic management on non-farm sector, MIS, Efficiency Development model, group management, stake holders mapping and stages of participation, gender equity were covered in the training through management games, Group exercises, and presentations in participatory approach.
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FOOD SOVEREIGNTY AND STARVATION DEATHS- PUBLIC HEARING
The face of poverty and hunger is the same all over the world.
Though the hungry are in need of help, committees do little to relieve their hunger. Though the homeless are in need of shelter, commissions are unable to provide them with a roof over their heads. Though the ill require medical attention, investigative bodies try vainly to discover the cause of their illness.
But ultimately, these people remain hungry, homeless and ill.
In an effort to address the issue of food sovereignty and the occurrence of starvation deaths, the Martin Luther King Centre for Democracy and Human Rights along with the Institute for Motivating Self Employment (IMSE), a day-long public hearing on the subject of 'Starvation death and Food Sovereignty: Asserting our rights to Land and Food.' The hearing was organized as a reception for the People's Caravan 2004, which also included participants from Malaysia, Sri Lanka, and Bangladesh, passing through 16 countries all over the world.
During the course of the programme, the issues brought to the fore dealt with food security issues in Orissa and other related issues pertaining to the entire Southeast Asian region.
Participants spoke on topics like how loans perpetuate poverty, disaster and food insecurity, the role of the panchayat, NHRC's perspective on the right to food, and the problems faced by the Kalahandi Bolangir and Koraput (KBK) regions of Orissa.
According to the Indian constitution, the citizens are guaranteed the right to life (Artcile 21), the right to adequate means of livelihood as provided by the state (Article 37) and the assurance of receiving a higher level of nutrition as provided by the state (Article 47). These rights are theoretically entitled to every citizen of India. The right to lead a rewarding life- not a right to mere existence. The right to earn one's own livelihood through work- not begging for employment.
The right to nutritious food- not to survive on mango kernels and tamarind seeds as many are forced to in districts around Orissa.
Food sovereignty, as discussed during the meeting, refers not only to the availability of food, but also the relevance that the food bears to the specific culture to which it is made available. Pushing alien foods to those who need nutrition does not count as food sovereignty. Food must be culture specific and organic, providing the necessary nutrients to those who consume it.
The paradox in India concerning food sovereignty and starvation is not that there is a dearth of food grains in the country, but the fact that while millions go hungry, tones of food grains lie in various stages of rot in go-downs all over the country. It is the PDS that is to blame for the faulty distribution of grains, making it inaccessible to those who are most in need.
Another issue that must be taken into account is that starvation deaths in the country are not considered as a major concern. The public is numbed into believing that the poor die of a lack of medical facilities or chronic ailments. What goes unnoticed is that starvation is not the mere deprivation of food, though the definition makes us think so. The chronic deprivation of essential nutrients must also count as a form of starvation- one that is persistent through the country and in many others across the globe. This, in reality, is the root cause of starvation deaths.
Recognising that the Right to Food is linked to the Right to Land, Right to Water and the right to Forests, it becomes necessary to empower people to claim these rights.
Instead, the rural poor and the impoverished in India are mere tools of the progress of others.
Concluding the hearing, Prof. Debi Prasanna Patnaik, presented the declaration as discussed by the panelists. He stated that the poor must be allowed to plan for the poor, the tribals must be given the rights to minor forest produce, mining rights are to go to the displaced, the privatization of resources must not be allowed and the minimum support price of food grains should be ensured by the government.
It is only when food is made accessible to the poor that they may be able to raise their level of nutrition and thereby improve their quality of life. Food and water must be treated as resources, which sustain societies instead of mere marketable commodities.
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CONSULTATION ON DRAFT RIGHT TO INFORMATION ACT, 2004
The Regional Resource Centre, Bhubaneswar, organised a consultation on the recent, Right to Information Act approved by the National Advisory Council.
Primarily an act for the freedom of accessing information, which was restricted to public authorities, the act aims to empower citizens by handing over the right to obtain information. In the interest of promoting openness, transparency and accountability in administration, the Right to Information Act proves a powerful tool in the hands of the ordinary civilian.
Perhaps this power has been recently recognised, which is why the Act has undergone certain 'amendments'. The amendments, however, translate to bringing more loopholes to an already flawed act. The 2004 Act seems to be masquerading as a people's act, when in reality, it is not so. The consultation in Bhubaneswar, the first of its kind in the country, revealed a number of rectifications that need to be introduced to the bill before it is passed as law.
Though it is heartening to know that the National Campaign for the People's Right to Information proposed an amendment to the Freedom of Information Act, 2002 received the approval of the NAC, the latest draft should not be taken as fool-proof. It is imperative that we, as concerned citizens, scan the document in order for it to reveal itself as a result-oriented act, instead of a token showpiece established by India's populist legislature.
With this in mind, the consultation was attended by a number of NGOs, activists and media representatives who discussed the critical omissions and commissions in the NAC-approved Draft RTI Act, 2004.
Featured below are some of the amendments suggested by the gathering.
Statement of objects and reasons to be added to the draft Act
As is customary to any Act, there is appended a statement of objects and reasons which puts forth precisely the justification for its very enactment. The objects of the act also serves to dispel any ambiguity in the interpretation of words and expressions used in the provisions of the act. The FOI Act, 2002 contained such a statement, giving a brief history of the multilevel consultative process that ushered in the need for legislating citizens' right to information in the first place. It also addressed the need for a democratic State to reform its outdated legal-administrative framework, including the rules governing civil service and office procedure, so as to ensure an open, transparent, accountable and responsive system of governance at every level.
Section 2 (g): Definition of Public Authority to be widened to include MPs/MLAs and political parties in its purview.
The NCPRI's draft compared to the former FOI Act, 2002 has no doubt given a wider definition of public authority by including a mention of Panchayati Raj Institutions and community bodies like district councils as notified under the 5th and 6th Schedules of the Constitution for their accountability to disclose information. But the said draft conspicuously omits a very important category of public authorities from its purview.
MLAs and MPs are not only the lawmakers of the country but also the trustees of huge sums of public money called LAD funds. However, there is no legal or administrative mechanism in the existing system for a citizen to exercise his right to information from the people's representatives- either regarding how they conduct themselves in the matter of public policy or regarding how they plan to use the LAD funds allotted to them. Without holding them accountable for the disclosure of information, we can't possibly compel grassroots bodies like PRIs or district and village councils to go by the obligations for disclosure under the proposed draft RTI Act 2004.
The sole contention for this is the fact that political parties and leaders should firstly be modelled on transparent lines. Under the circumstances, leaving the political parties from the purview of definitions of public authorities shall render the entire legislation toothless.
Section 6: The PIO's obligation for issuing an acknowledgement receipt to be included.
The draft RTI Act 2004 does not contain any provision for obligatory issue of a receipt by the Public Information Officer, acknowledging the citizen's letter of request for information. An acknowledgement receipt is akin to an FIR, the first instrument in the hands of the citizen to build up and defend his case before public authorities. Without incorporating the provision of an acknowledgement letter of request, the right to information would remain a non-starter for citizens seeking information from officers who are adept at removing and manipulating letters received from citizens.
Section 7 (1) and (3): No two fees to be demanded from the citizens.
From a reading of the draft, it becomes clear that the ACT requires citizens to pay two kinds of fees at the time of application for any sort of information. The first subsection speaks of a 'fee' to be paid as prescribed while the third subsection speaks of a 'further fee'. What this 'further fee' may be is left to the imagination. The entire section, moreover, was found to be so complicated and clumsily worded that there arise several ambiguities- not only about the fees to be paid, but also about the actual time period within which the requested information is to be delivered to the applicant. Similarly, the FOI Act 2002 speaks ambiguously about two kinds of fees- namely a fee and a further fee. Such a proposal for a dual fee regime as mooted in the draft rules was vehemently opposed by the advocates of RTI from all over the country in their response submitted to the Ministry.
Section 12 (4) and (5): Gross incongruities for Penalties to be removed.
The above quoted provision of the draft RTI Act leaves much to be desired as far as the disclosure of information is concerned. Most of the official acts and manual are severely biased against the revelation of information by public servants to the citizens. In state acts as well, the corresponding rules are invariably prohibitive of disclosure of official information to the public. There are often provisions for the penalisation of officials on grounds of unauthorised disclosure of information to the public, as found in the Orissa Government Servants' Conduct Rules 1959. Elsewhere in the government's establishment, disciplinary action is being taken against public servants on the grounds of 'unauthorised communication of information.' Existing service rules exhibit a preference for maintaining secrecy.
With the above recommendations in mind, it becomes necessary to inform the very targets of this proposed legislation the consequences of enforcing a flawed act such as the Draft RTI Act 2004. If the above concerns, among many others, were addressed before it is tabled in Parliament, it would render the proposed Act a far more effective tool in the hands of the citizens. It is the peoples' right to information- their permit to realise their justified right to information in the face of an overwhelming State machinery, long accustomed to the cult of secrecy.
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PUBLIC HEARING ON DRINKING WATER PROBLEMS IN WESTERN ORISSA
Organised by Agragamee's Action Research and Advocacy Unit (AARU), and supported by Oxfam, the hearing was held in Sambalpur, Orissa.
AARU works on the advocacy campaigns of different water-related issues as well as the pro-poor water policy of the state government.
Mr. Achyut Das, in his inaugural speech addressed the aims of the public hearing, pointing out that this was a successful way of addressing the problems of the people. This is a relatively new technique of putting pressure on the government regarding basic public rights and issues. Public hearings can be likened to a people's court, where complaints can be put across without hesitation.
The main concerns regarding water issues in Orissa are water pollution, privatisation, drinking water problems, decrease in the water table and the threat of dams.
People's problems were the focus of this meeting and a range of complaints and issues were brought to the fore as the meeting progressed.
One of the stories that emerged was of Teliberena, a village in the Dogra panchayat, consisting of 17 families where the drinking water problem permeates through all others. The water table in this area has fallen steeply. The residents of this village have to walk 2 km if they want to bathe or fetch drinking water, with neither the Gram Panchayat nor the government taking the responsibility of providing water to this region. A resident of Kadbahal, a village in this region, said that the village ponds were auctioned by the Gram Panchayats, preventing the people from using the kata (traditional reservoir of Western Orissa) for irrigating their land. Further, the katas are never maintained, resulting in encroachment.
Mr. Jayaram Barik, in his special report on the Ib dam project, showed how the government policy in unlawful and alienates the people from their basic human rights. The people of the Ib valley are opposed to the construction of the dam. They have been opposing the government rule through their Palli Sabha meetings, in the presence of the sarpanch, ward members, sub-collectors and the executive engineer. Despite their obvious and open disapproval, the government remains stubborn in its efforts to construct the dam. Mr Barik went on to explain that the proposed project is not beneficial to the state either in the long run or the short run. The area in question, with its roads, homes, buildings and agricultural area, the dam will submerge most of the area surrounding the river. An estimated 5,615 will be displaced as a result. Then come the issues of rehabilitation, repercussions, ecological and hygienic problems which follow the construction of any big dam.
Illustrating an example of government inefficiency and vacant promises, a resident of the Rengali Dam project accused to government of neglecting the 360 villages that were submerged in the construction of the dam. In the rehabilitation areas provided to the people, there is a dearth of drinking water and basic health and sanitation facilities. The only estimate by which we can measure the profitability of constructing a dam is to determine the quantity of irrigated land as a consequence of the dam. If the amount of irrigated land is 5-6 times more than the submerged area, the dam could then be viewed as effective.
While dams are a major concern, water pollution created apprehension of the residents of Danipalli. In this village there is only one source of water- the bandh which the people are forced to use for drinking, bathing and washing clothes. The nala that the dhobis use is polluted from the effluents of the nearby hospital and the drains of the railway colony which empty out into their water. Water pollution seemed to be a common complaint of many- as they revealed their only sources of water were being rendered unfit for human consumption. Syphilis, stomach problems and fever were common problems in these parts. Radhakhol, Pandakamal and Kachinda villages are presently facing water shortages and contamination. These areas are opposing the deep bore wells being dug by the government on the grounds that they do not have money to pay for the electricity, besides the drastically falling water levels will leave them thirsty as soon as it drops below a certain point. The villagers also resented the sale of bottled water in these areas- they simply cannot afford it.
Mr. Mukta Kantha Pradhan of Manar Kalyan Pratisthan, one of the organising partners, presented a report on Mahanadi water pollution. He read out a report from Dharithri, a daily newspaper, dated the year 2000. The river is polluted at every point from Jharsuguda to Paradeep. According to the State Pollution Board, the water grade falls to 'D' which is unfit for human consumption. The only probable solution to combat this would be to recycle the water used by industries so as to minimise river pollution and toxic dumping.
Grading water from different rivers and at different sources is also of vital importance. Mr. DP Nayak quoted some examples of big rivers in Orissa being graded differently throughout the years. Out of the 6 categories of water, he revealed that the Mahanadi possessed Grade C water in 1994.
Ib was categorised as A as long as 50 years ago, but now the water is Grade D- unfit for supporting marine life. The Mahanadi has not been recategorised since 1998, chances are the water could have deteriorated to Grade E.
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REGIONAL CONSULTATION ON WATER POLICIES, WATER RIGHTS AND GOVERNANCE OF WATER AS A NATURAL RESOURCE & ITS MANAGEMENT
The consultation workshop was conducted with an objective to draw out a response and opinions on different issues related to water, namely the governance and management of water resources. Against the backdrop of the privatisation of water resources by both the central and state governments, the National water policy-2002 has come in to effect.
This is in sharp contrast to the previous water policies where the main focus was on effective utilisation of water resources for diverse needs of the water policy in 2002 and the entry of private parties including the multi-nationals has raised the eyebrows of common people and the consumers alike. On the controversy in the water Policy-2002, there have been some fundamental modifications made in its approaches to the management of water resources, which makes the objectives of such a policy questionable.
In order to clear the path for these companies entering in to the water business, the government has reduced the status of water as a natural resource to national property and has asserted its ownership over water as it has over iron and coal. Against this backdrop if privatisation is followed, the Govt. of India will hand over the ownership of this natural resource to the private companies as has been done in the case of other public sector bodies.
Neither the centre nor the state Govt. has given any reason as to what went wrong with the previous water policies and why the new policy favouring the privatisation comes as imperative despite repeated public protests. While the privatisation of water resources will tremendously benefit the water business houses, it has had disastrous consequences for the people of Orissa.
Similarly, water pollution continues to increase far above the tolerable limit because of the rapid industrialisation and the release of increasing chemical wastes in to the rivers. As a result, the common people fall victim to the processes. Rapid urbanisation is also another factor seriously contributing to both the water scarcity and pollution of water.
As a result the common people in the state are increasingly being deprived of the needs and requirements of water uses. The state water policy should precisely focus on these aspects and make suitable amendments and come out with a comprehensive water policy to fulfil the peoples' expectations and the need of the environment. The state govt. has recently produced a policy to implement privatisation of water resources, attracting the participation of private parties to take over the existing rivers, lakes and others.
This has necessitated a campaign to help the people raise their voices against such a move, encouraging them to assert their rights to water and to force the state govt. to adopt a pro-poor water policy instead of the privatisation policy.
As part of this campaign, a regional consultation meeting was held in Koraput. The consultation meeting was held with the support of PRAGATI, a Koraput-based NGO.
The participants included local NGOs, social activists and tribal leaders, DR. Purna Chandra Mohapatra of COTEDS chair the meeting and MR. Ghasi Ram Behera as the Chief Speaker apprised the audience on the various aspects of the state govt's policy on water, its consequences on the public and need for a peoples participation in the management and governance of water resources from the needs and requirements of the people point of view.
Dr. Mohapatra focused on the scarcity of drinking water in Koraput District- the ultimate victim of the problem being the poor and illiterate tribals. The govt. policy to introduce for the purpose has hit their community the hardest. Besides forcing them to abandon their dug wells, mechanized wells cannot be utilised for cultivating vegetables or other agricultural needs. When the factor of maintaining the tube well arises, the tribals virtually live at mercy of the govt. department and the whims of its employees to do the job.
He said, "Most of the tube wells have been rendered useless due to the above reasons. In several places, the water from the tube-wells contains an excess amount of iron or other mineral, which renders the tube-wells water undrinkable and unsafe for health. In this way the rapid installation of tube-wells at different places of the area deprived the tribal people of their access to age-old dug wells, which was, vary much helpful for the various needs of the tribals. The dug-wells were sustainable instead and should have been installed in large numbers through out the districts. Thought and technical construction should have been provided to help in conserve water more easily even in times of drought. These should have been done by consulting the villagers on their requirements. The negligence caused much damage to the traditional access to the drinking water. Thus they have lost the sources of drinking water from the tube wells as well as dug wells."
Similarly he also pointed out that the wisdom of the tribals to conserve rain water has been deliberately ignored by the scientist and the state govt., and instead the modern method of water conservation through large and medium dams are not sustainable but are destructive to the environment, lives and livelihoods of the local people. He firmly criticized the supply of pipe water to every house of a village saying that such a system would collapsed with in no time reducing the under ground water levels and leaving the villagers to repent for not having access to the sustainable sources of drinking water. The project of providing piped drinking water is not sustainable and economical.
He cited the example of Mahatma Gandhi's home at Porebandar in Gujurat where the rainwater has been conserved in a big under ground tank. Similarly the installation of the water harvesting structures (WHS) and the earthen run-up dam (ERD) in every village could have become a reality. The subsequent implementation of state govt. water and agricultural policies did not focus on this problem. As a result the social development suffered a great setback. The agricultural economy of the farmers was ruined because the poor farmers did not have access to sustainable irrigation means. The large dams, on the other hand, produced a different economy in which sustainable irrigation was not possible.
However where it comes to govt. water policy, we must raise our voice and demand for a pro-poor water policy, which will be based on needs and requirements of the people and not of business houses and the industries. The privatisation of water resources, participation of private parties or companies in the governance and management of water resources to be fought with all our might. It is our duty to make our opposition to the present state govt. water policy heard.
The State Water Policy could be charted as follows:
General Concept According to draft State Water Policy 2003
Water is a gift of nature and hence it is a natural resources of every body Water is a national resource and hence is a national property owned by the govt.
As a natural resource it is the local community/ groups who owns the water The ownership is lies with the govt.
In governance and management of water resources the needs and requirements for the local community & biodiversity should decide the water uses. Private parties participation should be encouraged.
Water is every body's business. Water resources can be exploited by the private parties commercially.
Water resources shouldn't be privatised because water is every body's right There's no harm in so doing.
Mr. Behera pointed out the shortcomings of the previous water policy and the improper implementation of the govt. schemes by corrupt officials and contractors.
Has any body ever been felt guilty of misappropriation or corruption- any engineer or contractor? Has there been any joint enquire committee instituted to access the works and implementations done in the state? Does the state water actually reflect the poor people and farmers' needs? The poor and farmers should demand a reply from the state govt. They should ask the state govt. to let them know whether the latest water policy squarely represents the water rights of the poor people in terms of governance and management of water resources in the state.
It certainly does not!
At the end of his speech Mr. Behera revealed, "If a river is sold to a private party under the privatisation policy, no villager will be allowed to use that water without prior permission of that company, no fishing will be permitted, no buffalo can drink its water nor anybody can cross the river for any purpose. 36 km of the Siwan River in Chattisgarh has been sold to a private company, and the company authority has issued notice publicly at various places warning the above for the sake of public information."
Technical session:
In the technical session the participant were asked to reply the questionnaire on a group basis and present their responses before everybody. The questionnaire as follows:
1. Whether they accept the latest draft state water policy which legalizes the privatization of water resources ?
2. What should be the criteria for the governance and management of water resources and according to you in the state?
3. What will you do to make the people in your area aware about their water rights?
4. How you will organize the campaign against the draft state water policy 2003?
5. What according to you are the ideal methods of water conservation?
Group Responses:
1. All the groups were unanimous in their responses. Response that under no circumstances would they accept the 2003 draft state water policy. All of them said they opposed the water policy out rightly.
2. There was diverse suggestion from the different groups. However all groups emphasized that the water needs and requirements of the poor people be made the sole criteria for the governance and management of water resources.
3. Through debate organizing meeting at the village level involving the school children in drawing competition, rally et involving the womenfolk said all the groups.
4. Peaceful means was the reply of all the 5 groups. One group said by sending hundreds of mail in post card from each village opposing the Draft water policy 2003 and asking the state govt. to adopt a pro poor water policy. Another group said they would send a memorandum with the signatures of the Gram Sabha from across the state to the state govt., The Governor, The prime Minister, The President opposing the said water policy. They would also ask their local political leaders / MLAs / MPs to put pressure on the govt. for a pro poor water policy and stop privatization once and for all
5. The group comprising the local tribal women said the traditional method of water conservation is most sustainable and should be made mandatory in every village. Similarly WHSs and ERD s should be installed in the high land and the foothill of every village.
In the meeting, it was concluded that:
1. A mass campaign across the state is a pre requisite to ask the govt to adopt a pro poor water policy.
2. It was imperative to involve the womenfolk in the various campaigns at all levels.
3. Roof top rainwater harvesting should be made mandatory.
4. Rainwater conservation through traditional microstructure should be implemented in every village, which helps sustain various water needs of the villagers.
5. Any privatisation of water resources is anti-people and unacceptable.
6. The Govt. must accept the verdict of Gram Sabha while adopting any kind of policies for the people of the state.
If the above were implemented effectively, it would help put forward a people oriented water policy asking the govt. to accept it for the larger interest of the people of Orissa.
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AGRAGAMEE IN THE NEWS
The tiny village of Ranjaguda is situated in Orissa's backward Rayagada district. Surrounded by hills, it possesses little land for cultivation. Its 6,000 residents depend on the monsoons to grow their single crop of rice every year. They spend the rest of the time foraging in the forests for berries and other forest produce. Or else they migrate from the village in search of employment for which they are paid as little as Rs 2 per day.
Says Achyut Das, director of the Kashipur-based NGO Agragamee: "Successive drought and reports of starvation deaths in the six blocks of Kashipur district, in 2001, sent alarm bells ringing in our organisation. The situation is most alarming between the months of June and September when villagers survive on mango kernels and tamarind seeds
The villagers have no safety net whatsoever. Institutional safety nets such as the PDS (public distribution system) and ICDS have all collapsed."
What surprised Das and his colleagues was the fact that while starvation deaths occurred in some villages, there were no deaths in the neighbouring villages. "Our investigations showed that villages that succeeded in setting up grain banks did not face a single starvation death," he points out.
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www.infochangeindia.org/AgricultureIstory.jsp?section_idv=10&storyofchangev=AgricultureIstory.jsp
As people's groups, NGOs, and mass movements, we are deeply concerned and anguished at the way governments over the last few years have severely undermined the importance of environmental issues in decision-making. In particular, the role of the Ministry of Environment and Forests (MoEF) seems increasingly to be that of a clearing agency for unsustainable and destructive economic and commercial activities. To make matters worse, the MoEF appears to be systematically undermining the participation of citizens in its decision-making process, and has become more and more closed in its functioning. Lack of transparency not only reduces public participation, it is also a way to avoid serious scientific scrutiny. These trends seem to have become worse in the last few years, such that the layperson is left wondering: is the mandate of the MoEF to help industries and 'developers' bypass environmental regulations, rather than safeguard the country's environment?
Read the full article:
http://www.infochangeindia.org/analysis43.jsp
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