Rights of Dalits and Tribals

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    ZHONG HUANG

    ROBERTO NARVAEZ

    ASEP NANDA PARAMAYANALILY WEN

    FLORENCE SHAKAFUSWA

    Rights Of Dalits and Tribals

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    IntroductionJustice for Odisha Project (JFOP) consists threenon profit and non governmental organizations,was established in 2001 funded by DignityInternational to address basic human rights,

    advocate for legal reform and protect, promote andsafeguard the rights of discriminated communitiesin India.

    A new 4-years project of JFOP will begin fromJanuary 2012 to December 2015

    The project has linkages with caste communitiesand has facilitated the formation of a movement fordisplaced persons. The network members belongto the Schedule Cast, Schedule tribes and Other

    Backward Class communities.

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    Statement of the Problems

    In 1957, over 22,000 families in the Odisha state of Indiawere displaced by government action. These communitiesincluded the Schedule Cast (SC), Schedule Tribe (ST), andOther Backward Class. This was an act of discriminationthat occurred as a result of the building of a dam on the

    Hirakund river. Communities in this area lost theirlivelihoods as fertile soil was submerged, villages wiped outand homes destroyed.

    There has been a struggle to pressurise the government to

    compensate 9954 families who were displaced but this hasnot yielded the desired outcome. None of the farmers gotalternative land nor have they been compensated for theirloss. Instead, the displaced families experienced multipledisplacement as their resettlement areas were also

    grabbed from them for the purposes of developmentprojects such as the building of the IB thermal power plant

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    As a result of multiple displacement, the affected communitieshave lost their livelihoods. Women and children have also been

    affected. Gender based violence and human trafficking hasincreased. Farmers, fishermen and women have migrated tourban areas in search of labour work. This has disrupted theirway of life.

    To ameliorate the situation, the Grassroots organisation forPromotional Endeavour (GOPE) mounted a campaign whoseaim was to seek compensation and rehabilitation of displacedcommunities. They already helped some resettled people getemployment and adequate reparation. It, however, is far less

    than enough while regarding to the huge displaced populationwithout proper compensation and facing the multipledisplacement.

    Most importantly, there is the problem of environmentaldegradation through the discharge of industrial waste into the

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    HUMAN RIGHTS ISSUE

    1. Livelihoods (daily mage labour) migration forworking

    2. Poor social services (sanitary & facilities)

    3.Culture (way of life, history) common, propery,resources

    4. Compensation & rehabilitation (move)

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    Human Rights relationatewith:

    UNInstrument

    s

    Indian Domestic

    Law and ThePolicies

    LAND & LIVELIHOOD RIGHTSENVIRONMENTFOODWATER

    HEALTHEDUCATIONWORK & WORKINGCONDITIONSSOCIAL SECURITY

    Right to DevelopmentAgainst the PovertyParticipation

    UDHRICESCRCEDAWCRC

    CERDGC ICESCR*ILOConvention169

    * Declarationon the RighttoDevelopment

    Constitution:Fundamental rights Directive Principlesof State Policy

    The LandAcquisition Act1894

    World Bank Policy

    National Policy ofResettlement andRehabilitation (NRR)(1998)

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    Outcome

    Access to health and adequate living conditions for thepopulation ensured.

    OutputSufficient and sustainable livelihoods for Odisharesettled people.

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    GOAL

    Achieve better quiality of life for Odisha State trough empowerment and a sustainableenvoronment.

    Objective 1

    Ensure access to health and basic sanitation by empowering people and communityparticipation.

    Objective 2

    To ensure access to food and water using participatory methodlogies aimed atconserving natural resources, their rational use and development of sustainableproductive activities.

    Objective 3

    To ensure access legal services for purpose of reparation.

    Objective 4

    To promote gender equiality and childrens rights by empowering the commuunity toprevent gender violence.

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    Objective 1Ensure access to health and basic sanitation by empowering people andcommunity participation.

    Activities Indicators Means of

    verificationMobilise the stakeholders in the communityfor a local to local dialogue.

    Over 75% of Odishacommunity attendthe local to localdialogue

    List of participants ofthe local dialogue.Meeting report &media releaseDatabase &documentaryApproved report bystackeholders.

    Carry out a local to local dialogue thatprovides information on state of health andsanitation to use this information forprogramming.

    Over 75% of Odishacommunity attendthe local to localdialogue

    Facilitate participatory expediture tracking. A Monthly report on

    PETs approved bystakeholders

    RISCK & ASSUMPTIONBacklash from local state or goverment & community leaders.Lack of Participation by stackeholders.

    Political will.No freedom to information.

    Obj i 2

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    Objective 2To ensure access to food and water using participatory methodlogies aimed atconserving natural resources, their rational use and development of sustainableproductive activities.Tool: Capacity Building.

    Activities Indicators MOV

    Training in sustainability of naturalresources for production.

    75% of people able tomanage natural resourcesin environmental friendlyway.

    List of participants.Reports.Agrements inplace.

    Radio programrecording.Contract with radiostation forproduction ofprogrammes.

    Environmentalimpactassessmentreport.

    Facilitate learning spaces forenvironmental and climatemanagement.

    Over 75% pass exam fortrainingan implement whatthey learn on environmentalmanagement.

    Dialogue with government toimplement fishery, forestry,agriculture and health departments inpublic institutions.

    Linkages with govermentdepartments establishedmaintained.

    Produce 12 serie media program onenvironmental management

    13 series program aired onlocal radio station.

    RISCK & ASSUMPTION

    Non participation of government department.Lack of interest to conserve the environment.

    Obj ti 3

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    Objective 3To ensure access legal services for purpose of reparation.Tools: Paralegal processes

    Activities Indicators MOV

    Train paralegals team. 4 of the cases handled byparalegals

    Case reports.Press release bymedia.Certificate ofgraduation asparalegals.Teport for monthlymeetings betweenparalegal andlawyers.4 of the cases

    judged in favour ofclients.

    Establish a drop-in centre. 4 of cases successfully takento court and receivereparation.

    Handling pro bonotest cases Drop in Centre established.Centre receive and proccesscases of grievance in HR.

    Networking with lawyers Monthly meetings for

    paralegal reviews bylawyers.

    RISCK & ASSUMPTIONCases take along.Lack of human resource & finance.Poor participation.Cases not reported due to gout pressure and porr media interest.

    Obj ti 4

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    Objective 4To promote gender equality and childrens rights by empowering the commuunityto prevent gender violence.Tools: Campaign.

    Activities Indicators Mains of verification

    Gender mainstreaming training. 70% of populationsensitized ingender equalitywith a familyrelationship

    change.

    Feed bacl from mediaprogrammes. Phone ins,letters and emails.Report of decrease ofviolence cases reported.

    Report of participation ofwomen in communityprograms.Snapshort of people wholisten to media program andread gender coloum.

    20 people trainned ingender mainstreaming.

    Produce media programs and mediapublications on gender issues tosensibilizate gender equality tonewspaper and radio programs.

    Gender equalitymanstreemed incomunnicatyprograms

    Celebrate International WomensDay promoving the activism.

    30% of vilencecases decrease.

    RISCK & ASSUMPTIONResistance for campaign because of culture & religion.

    Counter progrms by interest (conservists) stakeholders.

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    BUDGET Objective 1

    Objective 2

    Objective 3

    Objective 4

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    RESULTS

    Empowerment

    Development

    EnvironmentAccess to local government services

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