Friday 11 February 2011

Illegal demolition of Ganesh Krupa Society, Golibar, Mumbai

This is the second video in a series documenting Golibar's fight for their homes. The first can be viewed at -
http://www.youtube.com/watch?v=3jxA_w...

Residents of Ganesh Krupa society in Golibar, Khar East have been fighting to save their homes from builders Shivalik Ventures and corrupt government officials who want to illegally take over their land for redevelopment under SRA (Slum Redevelopment Auhtority) scheme.

On January 20th, MHADA officials and hundreds of police officers came to demolish their houses citing a court order. What they ignored was that the court had also directed the builder to provide habitable transit camps, registered agreements, and rehabilitation within 500m of their current homes. None of these conditions have been met.

On the contrary, Shivalik Ventures has encroached on Air Force land to construct rehabilitation housing for the residents. The Air Force has taken the builder to court on this matter.

The builder also forged signatures of the residents on a consent letter. The police only filed an FIR after the High Court directed them to do so. They have also failed to submit on time, findings of an enquiry into the matter. As a result the residents have filed a petition for contempt of court.

http://www.youtube.com/watch?v=JncYN5yOS18

Contradictions of ‘development’ in contemporary India

http://www.opendemocracy.net/openindia/swapna-banerjee-guha/contradictions-of-%E2%80%98development%E2%80%99-in-contemporary-india?utm_source=feedblitz&utm_medium=FeedBlitzEmail&utm_content=201210&utm_campaign=Nightly_'2011-02-11+05:30:00'
Is India moving on a path towards segregating society, enclaving economic space in a way that essentially excludes the majority from the development orbit?
About the author
Swapna Banerjee-Guha is Professor of Development Studies in the School of Social Sciences, Tata Institute of Social Sciences,Mumbai. Most recently she publishedAccumulation by Dispossession: Transformative Cities in the New Global Order(Sage Publications, 2010).

Is India moving on a path towards segregating society, enclaving economic space in a way that essentially excludes the majority from the development orbit? A large number of Indians from various cross-sections are currently enraged about this crucial question. While official outlets make frantic efforts to project this tendency as a contradiction between modernity and backwardness and label anyone questioning the validity of the above development model as ‘anti-development’ or ‘unlawful’, innumerable lived experiences go on reflecting heightening inequalities and the increasing expendability of the poor.

Take the case of the resource-rich tribal heartland of Jharkhand, Orissa, Chattisgarh and Madhya Pradesh located in central and eastern India. Mining areas in these states are enthusiastically being leased out to global corporations leaving the poor tribal community homeless; common lands and waste lands in several states that have been traditionally providing livelihood and survival means to the poor are being taken over to make Special Economic Zones; rich coastal areas with enormous bio-diversity are being handed over to corporations like Dow Chemicals for making chemical hubs; natural resources like rivers are being privatised for industrial and commercial purposes, like the Sheonath river in Chattisgarh. Examples abound. This ‘development’ process that rests heavily on displacement, dispossession and destruction of the environment is creating an irreversible production structure in favour of the rich that is actively supported by all major international financial institutions like the World Bank, International Monetary Fund, Asian Development Bank and the like and facilitated by the neoliberal Indian state.

Jharia coalfield in Jharkhand. Demotix / Poul Madsen. All rights reserved.

Specific areas in India – large and small, rural and urban - are being identified as global economic regions to carry out modern hi-tech corporatised activities. Essentially global, these new economic spaces (location choices are made by investing corporations) are carved out from existing agricultural areas, forest lands, mining areas, fishing zones, peripheries of metropolitan regions, villages, even slums and dilapidated areas inside cities. In the process of converting these spaces into newer ones, large numbers of farmers, agricultural labourers, fishermen, in short a huge section of economically active but poor people are being displaced and dispossessed leading to fierce resistance struggles, inviting in response, state atrocities and violence.

The phenomenon has become pan-Indian: whether in Raigad in Maharashtra, Singur and Nandigram in West Bengal, in Jagatsinghapur-Kalinganagar in Orissa or Ghaziabad in Uttar Pradesh, the patterns are comparable. The official argument says that as the State is not financially capable of providing ‘world class infrastructure’ in a short time, it is necessary to invite private capital to provide it initially in chosen pockets that will boost economic growth in the surrounding regions. While private capital undertakes this task, it becomes obligatory on the part of the State to offer them concessions and subsidies, in exchange. Land acquisition for such global spaces is undertaken by invoking a Colonial Act of 1894 that says that the State is the ultimate owner of land and can take over any tract for ‘public purposes’ by paying reasonable (sic) compensation. Enclave development, once a mainstay of the colonial state, has made a glorious come back in contemporary Indian economic policy.

The vociferous state

This newer form of capitalist development depends on global finance and technology and a supportive neoliberal hegemonic discourse. It goes beyond the previous practice of disaggregation and production relocation in areas with lower social reproduction costs to an altogether newer design of total appropriation of space for a novel exploitation process. Set to mutate all existing social relations, it further modifies the non-Fordist labour process, transforms relations between the dominant and the dominated and alienates space-economies from their respective social realities to construct an economic system conforming to its description in pure theory. The common collective interest and the public good start getting negotiated away by ideological, political and economic power-plays that privilege individual accumulation, subordinating the common people and their rights in a way that is even used to underpin justifications for state violence.

Jharia coalfield in Jharkhand. Demotix / Poul Madsen. All rights reserved.

Resting on a contradictory framework of inclusion (of the few) and exclusion (of the many) it materialises a multiscalar, uneven development involving integration of selective regions and sections of societies in a globalised market framework. A destructive ensemble of obsoletism and reconstruction diffuses across the old spaces, displacing the existing use values and altering the discursive as well as the material geography of such spaces, creating a solid, material background for intense conflicts. A typical neoliberal construction of space, place and scale is taking place in India that is reconstructing a new geography of centrality and marginality, making the issues of production and capitalisation of space extremely crucial. The resultant landscapes of conflict invite resistance and contestation from below by those whose livelihoods get jeopardised and who are systematically marginalised by the state apparatus in diverse ways that expose their vulnerability in the current order.

To identify the causal factors, one needs to look at the direction of India’s current economic momentum. There has been a far-reaching shift in her economic policy, facilitating ingress of global capital in all economic sectors, downsizing labour, outsourcing economic activities, and promoting an aggressive urbanism based on gentrification and privatisation. Based on exploitation of the product of labour, pillage of nature and expropriation of social property, such policies have a close connection with international financial institutions, the global corporate sector, and quite significantly, the major capitalist countries. The State, backtracking from its previous role of a provider takes a neoliberal stance, becoming a vociferous facilitator of private capital pitching heavily on a ‘politically neutral’ practice of developmental governmentality. While the country’s growth roars ahead at an annual 8 per cent, growth in regular employment in recent years is found to have exceeded not even 1 per cent. Quite logically India accounts for the largest number of homeless, illiterate and ill-fed people in the world.

Jharia coalfield in Jharkhand. Demotix / Poul Madsen. All rights reserved.

Amidst the euphoria of creating a free market, in practice the contemporary policies are resulting in a dramatic intensification of a coercive disciplinary form of state intervention to impose a market rule that subjugates the majority and protects the ‘strong’. This is taking place on an aggressively contested institutional landscape in which newly emerging ‘economic spaces’ stand in conflict with inherited regulatory arrangements, providing a political arena through which subsequent struggles over accumulation by dispossession and its associated contradictions are getting articulated and fought out at various scales questioning the prevailing development path of the country, assuming a national character, often supported by pan-Indian coalitions of regional resistance groups, broadly/basically left oriented but not belonging to mainstream left parties. The resultant negotiating strategy of the neoliberal state creating multi-level contradictory spaces of conciliation, coercion and atrocity is significant in exposing the porosity of the state apparatus.

One needs to emphasise that the contextual embeddedness of the current exclusionist economic policy in India, produced at national, regional and local scales, are not only getting defined by the nexus of policy regimes, disciplinary political authorities and their regulatory practices, but also by resistance struggles, consolidated grassroots movements and mobilisation of progressive forces that are challenging the state sponsored corporatised development paradigm. Peripatetic global capital in collision with state power may exhibit its authority in controlling spaces and territories for some time, but the ongoing struggles clearly point at an emerging discourse in search of an alternate paradigm, based on a democratically oriented sustainable development practice.

For references and full development of issues see:

Banerjee-Guha, Swapna (1997). Spatial Dynamics of International Capital, Orient Longman, Hyderabad.

Banerjee-Guha, Swapna (2002). 'Critical Geographical Praxis: Globalisation and Socio-Spatial Disorder', Economic and Political Weekly, Vol.37 (44 & 45), pp. 4503-09, Mumbai.

Banerjee-Guha, Swapna (2008): ‘Space Relations of Capital and Significance of New Economic Enclaves: SEZs in India’, Economic and Political Weekly, Vol. 43(47), pp. 51-60, Mumbai

Banerjee-Guha, Swapna (2009): ‘Contradictions of Enclave Development in Contemporary Times: Special Economic Zones in India’ Human Geography, Vol. 2(1), pp 1-12, Massachusetts

Bhaduri, A (2008): 'Predatory Growth', Economic and Political Weekly, Vol.43(16), pp.10-13, Mumbai.

Bourdieu, P (1998): 'The Essence of Neoliberalism', Le Monde Diplomatique, December 1998.

Brenner, N and N. Theodore (2002): ’Cities and Geographies of ‘Actually Existing Neoliberalism’, Antipode, Vol. 34, pp 349-379

Conway, D and N Heynen (2006): 'The Ascendancy of Neoliberalism and Emergence of Contemporary Globalisation' in Denis Conway and Nik Heynen, (eds.)., Globalisation's Contradictions, Routledge, U.K.

Cox, H (1999): 'The Market as God: Living in the New Dispensation',Atlantic Monthly, March, pp.18-23.

Gill, S (1995): ‘Globalisation, Market Civilisation and Disciplinary Neoliberalism’, Millennium, Vol. 24, pp 399-423.

Harvey, D (2005): A Brief History of Neoliberalism, Oxford University Press, New York

Sanyal, Kalyan (2007): Rethinking Capitalist Development: Primitive Accumulation, Governmentality and Post-Colonial Capitalism, Routledge, New Delhi.

Friday 4 February 2011

The Potential of the Forest Rights Act

http://sanhati.com/excerpted/3197/

By Sirisha Naidu, Sanhati

Introduction

Neoliberalism in India, rather than consisting of a wholesale withdrawal of the state, has seen its rollback in some spheres and an expansion in others. In the last few decades the state has withdrawn from providing basic goods and services, but has taken a much more active role in promoting new avenues of profitable investment (e.g., those associated with free market environmentalism, facilitating the process of commodification of goods and services that were previously outside the ambit of the capitalist market, and facilitating the privatization of state property). The Indian state has therefore played an active role in original accumulation, which involves the dispossession and expropriation of land from marginalized people in rural and urban areas, as well as ensuring that adequate resources (e.g., natural resources) are available to satisfy the ever-increasing demands of capital. It is in this context that the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), hailed as a “historic” legislation was passed.

Shankar Gopalakrishnan identifies the opponents of the Act as the forest bureaucracy and the English media, and is particularly critical of the latter’s neoliberal outlook, its attack on the FRA, and its favourable view of state control “as a proxy for policies that favour private capital” (Gopalakrishnan, 2010a). However, he recognizes that certain aspects of the FRA might be beneficial to capital. Indeed, neoliberalism is not a single, undifferentiated process divorced from capitalism; rather its diverse and interlinked practices may reflect a “heightened, evolved and more destructive form of capitalism” (Heynen and Robbins, 2005). In this essay, I offer some exploratory observations about these neoliberal aspirations of the Act.

Reform and Revolution?

The compulsion to design and pass the Act might be located in the demands of a political constituency. It might also be located in the recognition of the growing threat of left-wing insurgency (Gopalakrishnan, 2010b). Samuel Huntington (1968) aptly noted that

If the countryside supports the government, the system is secure against revolution and the government has some hope of making itself secure against revolution. If the countryside is in opposition, both system and government are in danger of overthrow. (pp 292).

The Act however, goes beyond addressing the immediate issue of survival and security for forest dwellers that might be needed to pacify those marginalized and even persecuted by “development”. As Gopalakrishnan notes, it is also “an entry point into a deeper, wider politics of struggle over resources” (Gopalakrishnan, 2010a). For this reason, the representatives of the state (especially the Forest Department) have worked to restrict the scope of the FRA to tenurial security and subvert the provisions of community rights and the rights against arbitrary displacement [1].

As the recent controversy surrounding the sanction of Rs. 25 crore per “naxal-affected” district for so-called development purposes [2] indicates, the Indian state has little or no real interest in changing the terms of its engagement with forest dwellers, nor veering from the path of “development” itself. Control of these monies is to be given to a committee comprising the Collector, Superintendent of Police and District Forest Officer. To the extent that the FRA might stabilize political power and prevent revolutions, the Act might be considered desirable from the point of view of the state but beyond that even the interpretation restricted to implementing private property rights has seen limited success. Oddly, the economic and political context under which the FRA is being implemented is reminiscent of land reform carried out by the US in East Asia where large-scale land reform was accompanied by military suppression of radical forces, and involved no political marginalization of the landed class (see Moyo and Yeros, 2005).

The Environmental Fix

To the extent that neoliberals express an interest in the FRA, their focus has been on institutionalizing a particular property regime in forests (Gopalakrishnan, 2010a). The neoliberal property regimes include policies like titling, land surveys and mapping, establishing state land registries, creating new landholding legislation and removing restrictions on land leasing (Sethi, 2006). The policy goals are tenure security, creation of land markets, and improved creditworthiness, and fulfilling the needs of the agrarian export sector.

With the agroforestry expected to develop 25.36 million hectares of land in the next two decades from current utilization of 7.45 million hectares (NRCAF, 2007 cited in Dhyani, et al., 2009), the focus on property regimes could be beneficial. The bourgeoning agro-forestry sector has received a fillip with World Bank sponsored bio-carbon projects in Haryana and Himachal Pradesh under the Clean Development Mechanism (DTE, 2008), World Bank proposed plantation projects in Orissa and Andhra Pradesh, and recent developments on REDD Plus discussions at the United Nations Climate Change Conference in Cancun in 2010. Understandably, there is a legitimate fear that the newly titled lands could be used for agricultural or forestry related commercial projects. Agro-forestry may not be consistent with livelihood objectives of forest dwellers, but it also may not adequately satisfy the demands for democratization. Experiences with forestry schemes since the 1980s in their many avatars have been criticized for being hierarchical, exclusionary and undemocratic despite adopting buzzwords such as community, participation and decentralization (Sarin et al., 2003). Typically the state (represented by the Forest Department), donors and conservation and development agencies decide the management plan and forest dwellers participate as cheap wage labor and provide free monitoring.

The promotion of property rights in the forest sector will also provide incentives to engage in conservation and management to support the anticipated high growth carbon market. The World Bank’s State and Trends of the Carbon Market 2010 reported that the value of the global carbon market stood at $144 billion in 2009 [3]. While carbon finance dropped in 2009 as a response to the global economic crisis, At the Forest Carbon Partnership Facility’s third Participants Assembly meeting that took place in Washington DC in September 2010, donor counties committed $100 million in new pledges [4] to support REDD Plus initiatives. Incidentally, it is seen as the only silver lining in global negotiations over the successor to the Kyoto Protocol that is set to expire in 2012. According to Mr. Jairam Ramesh, Minister of Environment and Forests indications, India will participate in the bounties of the REDD Plus initiatives.

The commodification (even if incomplete) of forest goods and services re-engineers social and cultural notions of forests and nature to fit within the market rubric. Livelihoods can be conditioned through the market with the monetizing of forestland and forest resources and creating what Karl Polanyi termed as “fictional commodities”. This opens up the possibilities for the creation of a new capitalist class in the rural areas, dominated as they are by agrarian interests. The promotion of agroforestry on the one hand provides raw materials, and on the other hand provides fodder to sustain financial instruments in carbon and other forms of environmental trading. As Castree (2007) suggests about free market environmentalism and Sagari Ramdas (2009) demonstrates in her study on FRA implementation, there is sufficient reason to doubt the “ecofriendly motivations” of such instruments. Instead they may be viewed as environmental fixes to the problem of sustained economic growth (Castree, 2008; also see Naidu and Manolakos, 2010).

Self Provisioning, Social Reproduction and Enclosures

Under previous stages of capitalism, original accumulation freed up resources for efficient exploitation by capitalist production but was able to accommodate or absorb the consequent reliance of the population on wage labour, and produce rising wages and better economic conditions for workers. However, one may not expect past histories of capitalist industrialization to replicate themselves in a different milieu. Not only is the current form of capitalist development unable to maintain earlier levels of labour absorption, increasing labour flexibilisation and a decline in social provisioning (e.g., the rollback of the public distribution system) within a neoliberal economic regime serves to accentuate the fact that the system is increasingly unable or unwilling to accommodate the costs of social reproduction (see NCEUS, 2009).

Under conditions of insecure and oppressive wage employment, there is an increasing compulsion to engage in self provisioning by production of use values from land and other natural resources, and relying on the rural social net (Moyo and Yeros, 2005). The FRA partially fulfills this need. However, historically, self-provisioning has been beneficial to capitalist production as is acknowledged by writers in the 17th-19th century. Michael Perelman provides ample examples of writers who believed that workers should have some access to land so that they are not wholly reliant on wage labour but not sufficient to afford them independence from wage employment (Perelman, 2007). This sentiment is reflected in the following proposal in an 1800 issue of the Commercial and Agricultural Magazine

. . . a quarter acre of garden-ground will go a great way toward rendering the peasant independent of any assistance. However, in this beneficent intention moderation must be observed, or we may chance to transform the labourer into a petty farmer; from the most beneficial to the most useless of industry. When a labourer becomes possessed of more land than he and his family can cultivate in the evenings . . . the farmer can no longer depend on him for constant work, and the hay-making and harvest . . . must suffer to a degree which . . . would sometimes prove a national inconvenience. [5]

Perelman surmises that individual property rights in land served as an inducement to more readily accept enclosures of the commons and so that agricultural employers could “profit from a cheaper labour force”. The latter follows from the subsidy that household production, care work as well as petty commodity production provides to proletarianised and semi-proletarianised wage labour. While livelihoods analysis scholars positively refer to the condition in which workers are forced to maintain a dual or multiple income strategy as livelihood diversification, it points to the insecurity associated with and inadequacy of wage labour employment. Secure access to land will allow workers to spend their “free” time and investment in providing for themselves outside of the market, thereby leaving workers to produce a higher surplus value in wage labour (Moyo and Yeros, 2005). Further, the existence of land as a fallback, however inadequate, also means that labour can always be pushed back to the land when no longer needed (Breman, 2000: 241). FRA implementation with its high rejection of claims and provision of titles to land much below that filed in claims is again consistent with this thesis though it is unclear whether this is a well-thought out strategy or merely points to the reluctance of the Forest Department to give up territorial control over forest land.

Further de jure rights also bring livelihoods and management practices hitherto unmonitored or uncontrolled within the ambit of state control (Poffenberger 1999 in Aguilar 2005). For instance, claiming forest rights necessarily disciplines the previously undisciplined population engaged in podu (slash and burn agriculture in Andhra Pradesh) into practicing settled agriculture. This represents a change in lifestyles conditioned by the FRA (Ramdas, 2009). While on the one hand, the market and the state can now control livelihood and related practices of forest dwellers, the settling of rights with its narrow interpretation of access and proprietorship, opens up vast amount of resources at the disposal of the state to engage in promoting capitalist interests and nation building (Springate-Baginski and Blaikie, 2007). This may be pursued without the need for even weak assurances that forest dwellers would partake in the resultant prosperity.

The potential implications of the FRA in enclosing the commons are not lost on its supposed beneficiaries as this quote from an interview by Sagari Ramdas (2009) with a Savara woman from Srikakulam district, AP suggests

I don’t know whether I was (more) free before the act or after the act. Earlier I was a “thief” in the eyes of the law, but learnt to survive. Now I am “legal” and have legally lost my land as the government took all and gave me nothing. We have “legally” been granted “two acres” of community land, whereas all this is ours (pointing to the hills beyond). We reject these titles. We reject these plantations. We will continue to struggle.

Concluding Thoughts

Heynen and Robbins (2005) list four aspects dominant to capital’s neoliberal agenda:

… governance, the institutional political compromises through which capitalist societies are negotiated; privatization, where natural resources … are turned over to firms and individuals; enclosure, the capture of common resources and the exclusion of the communities to which they are linked; and valuation, the process through which invaluable and complex ecosystems are reduced to commodities through pricing.

All four aspects of this agenda are embodied in India’s forest policies and are being imposed on the FRA. This essay discusses ways in which neoliberal capital might benefit from a neoliberal interpretation of the FRA, it must be noted that it also has to contend with a forest bureaucracy unwilling to fully implement even the most neoliberal friendly aspect of tenure security. Apart from neo-Malthusian narratives of the destruction of forests by poor forest dwellers, this might be explained using the notion of territorial logic (Harvey, 2003) that is reluctant to give up power over the forest sector as well as the fact that not all factions of capital will benefit from FRA implementation, one example is that of the Vedanta project in Orissa.

As a land reform program, the FRA is limited. Even on paper there is no intention to address the growing economic differentiation, no acknowledgement of landless forest dwellers, nor is the titling process accompanied by planned investment in agriculture (Das, 2010) or cheap sources of credit (Lerche, 2011). Its transformatory potential thus does not emerge merely from the change in property rights (to the extent that even this occurs). Rather its potential is vested in the space that it allows for a change in the discourse on forest rights with its inclusion of provisions for community rights and against arbitrary displacements, the political space that it allows for challenging existing hegemonies, and for building broader mobilizations (Gopalakrishnan, 2010a) - these are issues not tackled in this essay. The challenge that forest dwellers and their allies thus face is not only to secure the implementation of the FRA but also challenge its neoliberal interpretation.

Endnotes:

[1] See the Campaign for Survival and Dignity website http://www.forestrightsact.com/component/content/46?task=view , http://pib.nic.in/release/release.asp?relid=69078

[2] http://www.indianexpress.com/news/snubbed-plan-panel-tells-pm-funds-to-officials-in-naxal-areas-very-bad-idea/736318/0

[3] http://go.worldbank.org/D2V9XWYHM0

[4]http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/ENVIRONMENT/EXTCARBONFINANCE/0,,contentMDK:22751912~pagePK:64168445~piPK:64168309~theSitePK:4125853,00.html

[5] Cited in Thompson, E.P. (1963).The Making of the English Working Class (New York: Vintage), pp. 219- 20. In Perelman (2007).

References:

Aguilar, F.V. (2005). Rural land struggles in Asia: Overview of selected contexts. In S. Moyo & P. Yeros. Reclaiming the Land: The Resurgence of Rural Movements in Africa, Asia and Latin America. New York: Zed Books.

Springate-Baginski, O. & Blaikie, P. (2007). Annexation, struggle and response: forest, people and power in India and Nepal. In O. Springate-Baginski & P. Blaikie (eds). Forests, People and Power: The Political Ecology of Reform in South Asia. London: Earthscan.

Breman, J. (2000). Labour and landlessness in South and South-east Asia. In D. Bryceson et al. (Ed.). Disappearing Peasantries? London: ITDG Publishing.

Castree, N. (2008). Neoliberalising nature: the logics of deregulation and reregulation. Environment and Planning A. 40: 131-152.

Das, Debarshi (2010). Some aspects of agricultural investment In India: Part I. Sanhati, October 28, 2010. http://sanhati.com/excerpted/2905/

Dhyani, S.K., Kareemulla, K., Ajit, & Handa, A.K. (2009). Agroforestry potential and scope for development across agro-climatic zones in India. Indian Journal of Forestry 32(2): 181-190.

Gopalakrishnan, S. (2010a). Rights Legislations and the Indian State: Understanding The Nature and Meaning of the Forest Rights Act. Briefing prepared for mass organizations. Distributed by SRUTI.

Gopalakrishnan, S. (2010b). Forest Areas, Political Economy and the “Left-Progressive Line” on Operation Green Hunt. Radical Notes. 30th May 2010.

Harvey, D. (2003). A New Imperialism. New York: Oxford University Press.

Heynen, N., & Robbins, P. (2005). The neoliberalization of nature: governance, privatization, enclosure and valuation. Capitalism Nature Socialism 16(1): 5-8.

Huntington, S. P. (1968). Political Order in Changing Societies. New Haven, Conn: Yale University Press.

Lerche, J. (2011). Agrarian crisis and agrarian questions in India. Journal of Agrarian Change, 11(1): 104-118.

Moyo, S., & Yeros, P. (2005). Reclaiming the Land: The Resurgence of Rural Movements in Africa, Asia and Latin America. New York: Zed Books.

Naidu, S.C., & Manolakos, P.T. Primary accumulation, capitalist nature and sustainable development. Economic and Political Weekly, 45(29): 39-45.

National Commission for Enterprises in the Unorganised Sector (2009): The Challenge of Employment in India: An Informal Economy Perspective, Ministry of Small Scale Industries, Government of India, New Delhi.

Perelman, Michael (2007). Primitive accumulation from feudalism to neoliberalism. Capitalism Nature Socialism, 18(2): 44-61.

Ramdas, S. (2009). Women, forestspaces and the law: Transgressing the boundaries. Economic and Political Weekly, 44(44): 65-73

Sarin, M., Singh, N.M., Sundar, N., & Bhogal, M. (2003). Devolution as a threat to democratic decision-making in forestry? Findings from three states in India. In by D.Edmunds and E. Wollenberg (Eds.). Local Forest Management: The Impacts of Devolution Policies. London, Earthscan Publications.

Sethi, Manpreet (2006). Land reforms in India: issues and challenges. In P. Rosset, R. Patel, & M. Courville (Eds). Promised Land: Competing Visions of Agrarian Reform. Oakland, Calif.: Food first Books.

I thank Panayiotis Manolakos for his comments.

A Dangerous first


The biggest casualty in giving the go-ahead to the single biggest FDI project – Posco – has been the Forest Rights Act.

Till date, the triumvirate of tigerwallahs, industry lobbies and forest bureaucracy were the only ones seen opposed to it. But Congress backed it, using it when the occasion arose in the Vedanta-Niyamgiri case to give Rahul Gandhi the pro-tribal makeover. Jairam Ramesh evoked the provisions of the act, besides other regulations, to shut down Vedanta's aluminium plant in Orissa. The Congress scion flew into the Biju Janta Dal citadel to claim the mantel of "the protector of tribals" and their voice in Delhi.

But with Posco, the UPA government has shown that beyond the political mileage it may get out of the legislation, it can also jettison forest rights out of the way when required.

The act has simple but powerful provisions intended to change the way forestlands are alienated from tribals and those who have traditionally used them. Forestlands are to be handed back to their traditional users – tribals – but also others who have used it for three generations or more. The lands cannot be taken away before their rights are ascertained and then bought by the state government. Crucial to this is the mechanism by which it occurs. The village council is given quasi-judicial powers in the process and in many ways it becomes the key authority – a first in Indian history.

To ensure that the Union environment and forests ministry's forest clearance process was in alignment with these new regulations, Ramesh passed a critical order in August 2009. The ministry would not give a forest clearance – handing the land to project developers – until the state government provided proof that the village council agreed with the takeover of its forests and that all rights had been settled in the area.

Orissa's administration, but not the affected village councils, claimed that it had verified and found that no one had rights in the forestland demarcated for Posco. After violence at the site and complaints from protesters, the Centre sent a committee to review the case.

The Orissa government had done little to identify people who had rights in the forests being handed over, said the four-member committee. In fact they had done much to deny rights to these claimants, said three of the four members.

The environment ministry's statutory Forest Advisory Committee too found that the Orissa government had not provided the requisite evidence under the August 2009 order to show it had met the provisions of the Act. Orissa had instead questioned the very validity of the order.

All three recommended that Posco be denied the forest clearance till the state government adheres to the regulations.

Ramesh disregarded the opinion of his appointed experts.

He instead asked Orissa to give an assurance that no one could claim rights over the forestland. Orissa had already given such an assurance a year ago. But, there is no such provision in the Forest Rights Act for an overriding assurance from the state. The village council is the only body that could have given the nod for diversion of forestland.

One may conjecture that the UPA found a greater economic trade-off in allowing the project that intends to export high-grade iron ore from the country besides producing steel. But the damage caused in pushing it through will reflect on all future cases of forest clearances – and there are hundreds in the pipeline.

Every project developer can now ask for similar favours from the government. The forest bureaucracy and industry was against the August 2009 order of the environment ministry. Now it has been dumped without being revoked. The states may never need to give evidence that they acted legally. They can get away with an assurance, even if it flies in the face of proof.

Aside: it is worthwhile to note that not many self-claimed defenders of forests – the wildlife lobbies – have stood up to oppose this either.

Tuesday 1 February 2011

Letter from PSSS to Jairam Ramesh, August 2010

http://kafila.org/2011/02/01/a-green-signal-for-the-rape-of-justice-and-the-people-posco-pratirodh-sangram-samiti/

The following is the statement issued by the POSCO PRATIRODH SANGRAM SAMITIon the latest decision of the Environment Ministry on POSCO. The image below from an earlier round of land acquisition attempt is a telling illustration of how the ‘free market’ functions. Received via Shankar Gopalakrishnan.

Courtesy The Hindu

Land being acquired for POSCO. Image courtesy The Hindu

Jairam Ramesh and the UPA government have shown their true colours with their decision today on the POSCO project. Ignoring the reports of its own advisory bodies and enquiry committees, violating its own orders and the laws of the land, this Ministry has shown that the naked face of corporate greed – it is not the “rule of law”, the “aam aadmi”, “inclusive growth” or any of these other lies – that rules this country. The decision today can be summarised in one sentence:”Repeat your lies, give us promises that we all know are false, and then loot at will.”

We repeat: we will not give up our lands, our forests and our homes to this company. It is not the meaningless orders of a mercenary government that will decide this project’s fate, but the tears and blood of our people. Through the road of peaceful demonstrations and people’s resistance we have fought this project, in the face of torture, jail, firings and killings. If this project comes it will come over our dead bodies.
We note the following about today’s decision:

The Orissa government has been asked to give an “assurance” that the affected people of the area are not forest dwellers under the Forest Rights Act, after which the “final forest clearance” will be granted. The Orissa government has already lied on this count on numerous occasions. Indeed, the majority report of the POSCO Enquiry Committee said “The Committee finds that the government’s own records such as census reports and voters list confirm that there are both other traditional forest dwellers (OTFD) and forest dwelling Scheduled Tribes in the project area and the statement of the District Collector of Jagatsinghpur to the contrary is false” (para II.1, Conclusions and Recommendations). Even the dissenting member agreed that the Act had not been implemented. The same finding had been reached by the subcommittee of the Saxena Committee earlier. After the Ministry’s own enquiry committees have found the Orissa government guilty of lying, what is the meaning of saying the project can proceed if the liars repeat their lies?

This Ministry has earlier made a song and dance of respect for people’s views and environmental laws. Under the Forest Rights Act, the consent of the gram sabhas of the area is an essential requirement, and this was confirmed by the Ministry’s own order. Three different committees – the Saxena Committee, the POSCO Enquiry Committee and the Ministry’s own Forest Advisory Committee – all therefore said the clearance should be withdrawn. The Minister today claims that the project can go ahead if he and the Orissa government decide they want it to. So much for the law and for people’s rights.

On the environment clearance, we recall again the words of the majority Enquiry Committee, which said “Potentially very serious impacts…have not even been assessed, leave alone planned for…The cavalier and reckless attitude of the concerned authorities to such potentially disastrous impacts is horrendous and shocks the collective conscience of the Committee….There appears to be a predominant belief that conditionalities in the EIA/ CRZ clearances are a substitute for comprehensive evaluation and assessment of the environmental impact by the authorities. Imposing vague conditionalities seems to be a way out for the various agencies from taking hard decisions on crucial issues.” Again, it is not us who said this – it is the Ministry’s own Committee! And yet this is exactly what the Minister has chosen to do.

Independent reports and studies by reputed academics have confirmed what we have always said – this project will be of no benefit to anyone except POSCO’s profit margins. But yet we find this being called a project of “strategic importance.” To whom?

Today the veil stands ripped open; the government stands exposed before the nation, a mercenary willing to put its regulations, officials and security forces at the disposal of the highest bidder. Let the UPA and the Central government answer: where is the rule of law today, in the name of which you crush struggles across the country? Where is your much vaunted love for the people and for the environment? What do you stand for if not for corporate greed?

Prashant Paikray
Spokesperson, PPSS
09437571547

Posco clearance: Govt to wait & watch on mining, MoU issues Read more: Posco clearance: Govt to wait & watch on mining, MoU issues - The Times of Ind


BHUBANESWAR: Enthused over the Centre's nod to Posco's mega steel plant, the Orissa government on Monday said it would soon resume land acquisition work at the project site, but preferred a wait-and-watch approach on issues like mining and MoU renewal delaying fruition of India s biggest foreign direct investment.

"We welcome the decision and thank Union environment and forests minister Jairam Ramesh for granting approval, although the process got delayed," steel and mines minister Raghunath Mohanty said. "Posco project is important not only for Orissa but for the country as it will provide employment and spur economic activities. We will begin the land acquisition process as soon as possible," he added.

The state government was forced to halt land acquisition for the 12 billion USD project in August following a central government s stop-work order on grounds of violation of Forest Rights Act (FRA), 2006.

Ramesh announced environment clearance for the South Korean company's proposed steel and captive port projects near Paradeep in Jagatsinghpur district, but sought Orissa government's assurance that those claiming dependence on or cultivating land in the project area cannot be categorized as "other traditional forest dwellers" under FRA before it can give final nod for diversion of 1253 hectares of forest land for Posco project.

Posco's bid to access the Khandadhar iron ore reserves in Sunergarh district, around 600 km from the proposed 12 million tonne per annum-capacity steel facility site, is also pending before the Supreme Court.

Possibly keeping these in mind, CM Naveen Patnaik reacted to the development with caution. "It is good news," said Naveen, hours after Ramesh declared his decision in Delhi. "We will take appropriate action," Naveen replied to queries from journalists on when the state government would renew its memorandum of understanding with the company. The state government on June 22, 2005, signed with Posco a MoU valid for five years.

Senior government officers said Ramesh gave the green signal as he did not have "much option", but sounded caution about the Posco project becoming a reality. "A positive step has been taken. But there are a few other issues, most importantly mining, which need to resolved before the project can materialize," a senior government officer said.

Paradeep MLA and minister Damodar Rout attributed the controversy over forest law violations to "wrongful recording of forest land" and said people who cultivated betel vines on government land will be adequately compensated. The administration has identified 1877 people growing betel vines for their livelihood on 304 acres of government land. It had paid compensation to 96 of the farmers and retrieved around 11 acres of land.

Posco welcomed Ramesh's decision and said it appreciated the concerns of stakeholders on sustainability of environment and livelihood of affected people. "We are committed to take sustainable green initiatives and effective measures for conserving the land and marine environment of the area. We are also committed to create sustainable livelihood opportunities for the project affected people by implementing the R&R (rehabilitation and resettlement) package sincerely," it said, adding, "We will continue to work for welfare of the local community and plough back part of our earnings for CSR (corporate social responsibility) after operations commence."


Read more: Posco clearance: Govt to wait & watch on mining, MoU issues - The Times of India http://timesofindia.indiatimes.com/city/bhubaneswar/Posco-clearance-Govt-to-wait-watch-on-mining-MoU-issues/articleshow/7400073.cms#ixzz1Ci4lGcUV

Letter from PSSS to Jairam Ramesh, August 2010

http://kafila.org/2010/08/19/posco-pratirodh-sangram-samiti-to-jairam-ramesh/

This is a press release issued in August 2010 by PPSS, pointing out the illegalities being committed by the Orissa government and the Central Ministry of Environment and Forests in connection with the POSCO project.

POSCO PRATIRODH SANGRAM SAMITI

Dhinkia, Nuagaon, Gadkujang; Jagatsinghpur District, Orissa

11.08.2010

To:

Shri Jairam Ramesh

Minister of Environment and Forests

Paryavaran Bhavan

New Delhi

Sub: Regarding POSCO project – need for withdrawal of illegal final clearance; new Meena Gupta Committee clearly aimed at delaying matters

Dear Sir,

We are the people’s organisation spearheading the struggle against the illegal and unjust POSCO project in Orissa. We are writing to you in the context of the ongoing illegalities being committed by the Orissa government and the Central Ministry of Environment and Forests in connection with this project. We also condemn the decision of the Ministry to constitute yet another Committee to “look into the matter” instead of remedying its own illegal decision to grant final forest clearance to the project on December 29, 2009.

We wish to bring the following to your attention. While we welcome the stop work order of the Ministry dated August 6, 2010, we condemn the Ministry’s failure to withdraw the illegal clearance granted on December 29, 2009 to the project.

We, political leaders and now your Ministry’s own Committee to Study the Forest Rights Act (the NC Saxena Committee) have all pointed out that:

1. We are indeed Other Traditional Forest Dwellers and eligible for rights under the Forest Rights Act, 2006. It may be noted that the palli sabhas of Dhinkia, Nuagaon and Govindpur have also asserted this fact and it is therefore now simply illegal for any other authority to deny it without going through the process under the Forest Rights Act.

2. As we are other traditional forest dwellers, our consent is required for the

diversion of any forest land (this is also stated in your own Ministry’s circular of August 3, 2009). The palli sabhas of Nuagaon, Dhinkia and Govindpur have denied consent to any diversion on February 4, 5 and 6 of this year, which has also been admitted by your Ministry in its latest “stop work” order.

3. The process under the Forest Rights Act has not been completed in the area. No rights have been recognised and no claims processed. This has also been admitted by the Ministry and by the Orissa government itself, which has said in writing to you that it has not processed any claims.

In short, every single condition required with respect to the Forest Rights Act for a legal forest clearance has not been met; but the clearance was granted anyway on December 29, 2009.

Moreover, now that the palli sabhas have denied their consent, all other issues become irrelevant, and the clearance is invalid in any case. If the Ministry intends to comply with the law, it has no choice but to withdraw the clearance and reject the project’s application.

Yet instead of doing this, we now find the Ministry has constituted yet another Committee to “investigate” the status of “implementation of the Forest Rights Act” as well as “relief and rehabilitation” (vide its order dated 28.07.2010). It is clear that this new Committee is nothing but a delaying tactic intended to muddy the waters. What exactly is this Committee going to

do?

Please consider:

· The Committee cannot investigate whether or not we are eligible under the Act; we have already produced documentary proof of the same which has been accepted by the NC Saxena committee. In any case, at the most this can only be challenged by anyone through the process under the Forest Rights Act; the District Collector’s lies about the lack of eligible persons have no legal standing and should have been rejected in the first place. How many more Committees do you need to “investigate” this matter? What are they going to “investigate”?

· Although we are eligible under the Forest Rights Act, the Orissa government itself admits that it has not processed any claims. It is therefore clear that the Act has not been implemented. What exactly is there for the Committee to “ascertain”?

· The fact that the palli sabhas of Dhinkia, Nuagaon and Govindpur have denied consent for the project in February 2010 is known and accepted. This requires no “investigation” except looking at the concerned panchayat registers. The clearance is therefore invalid. How then is any further investigation relevant?

· The key question before the government is why the Ministry issued a clearance on December 29, 2009, in violation of the law and its own orders and despite having none of the required documents. This can only be answered by the Ministry, not by any inquiry in our area.

· There is a direct conflict of interest in the composition of the Committee, in that the Chairperson was herself the Secretary of Environment and Forests when the project was granted environmental clearance. As such she is being asked to review a project which she has already taken a decision in favour of.

We may also note that on June 22 the MoU with POSCO for this project lapsed. In light of this the entire basis for the forest clearance becomes infructuous as there is no longer any project in existence. If a new MoU is signed, the existing clearance is in any case invalid as it relates to the earlier proposal.

In sum, there is no purpose in the Committee “investigating and ascertaining” any matters with respect to the Forest Rights Act. It also cannot look into any questions of “relief and rehabilitation” because no rehabilitation has been done yet. It cannot even consider the general wisdom of the clearance because there is no longer any clarity on what the project is.

We therefore reject this irrelevant Committee as an obvious attempt to delay and confuse matters. No doubt some elements will try to use it to muddy the waters and come up with bureaucratic excuses for continuing to violate the law. We call upon you to cancel this committee, withdraw the illegal forest clearance and finally reject the application by POSCO India for diversion of forest land in Jagatsinghpur. This is the minimum that is required by law.

We will continue our peaceful and democratic agitation for our rights.

Sincerely,

Abhay Sahoo

Chairperson

POSCO Pratirodh Sangram Samiti

Contact:
Prashant Paikray,
Spokesperson,
POSCO Pratirodh Sangram Samiti
09437571547