After Tipaimukh Dam Comes Hydrocarbon (Oil!)

Joseph Joute *

Nungba Protest against Oil Exploration at a Public Hearing on August 17, 2012 :: Pix - Daneil Chabungbam

"Development is not about factories, dams and roads. Development is about people. The goal is material, cultural and spiritual fulfilment for the people. The human factor is of supreme value in development," - Rajiv Gandhi

Looking at the above saying by the late Prime Minister Mr Rajiv Gandhi, it is very difficult to say that the Indian government and the Manipur state government in particular is truly concern for the development of the state! Does the government of Manipur think first for the welfare of the people - the real factor of development - to the development of dams, roads and factories in the state? I think not.

After almost 4 years of an agreement signed by the Manipur state government and the Jubilant Oil and Natural Gas Pvt Ltd for drilling of Hydrocarbons in the hills of Manipur, the real owner and the people of the land came to know about the news that their lands will be explore for oil or hydrocarbons!

Article 8, Claus 1 and 2 (b) of the United Nations Declaration on the Rights of Indigenous People (UNDRIP) stated that;
1. Indigenous people and individual have the rights not to be subjected to forced assimilation or destruction of their culture.
2. State shall provide effective mechanisms for prevention of, and redress for;
b) Any action which has the aim or affect of dispossessing them of their lands, territories or resources.

In the light of such rights envisaged by the UN under the DRIPs, it is doubtful to say that the Manipur government or the Indian government at that, is respectful of the UN Declaration. Why? Because, judging by the way the state government and the Union Government act way back from 2003, it is hard to accept that the government respects the Rights of the indigenous people.

It was in 2003 and 2009 that the Manipur government is understood to have called a global tender for the exploration of Hydrocarbons or oil in the state, that too, by enacting promotional road shows in London, Perth, Houston, Calgary, etc! This is when the Netherlands based Jubilant Energy (Jubilant Oil and Natural Gas Pvt Ltd) bag the tender.

If such a global tender was issued in that year, why then the government, Department of Pollution Control (Board) issued a public hearing notification for the hill district only in 2012? One is bound to raised the question whether the government of Manipur was aware of the UNDRIP or never is.

The real concern of the state government towards the hill indigenous people is also questionable. The UN Declaration clearly state in its Preamble or forwarding about its "CONCERN that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interest;"

"Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derives from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources."

And also affirmed to "Recognizing also the urgent needs to respect and promote the right of indigenous peoples affirmed in treaties, agreements and other constructive agreement with the State,"
In view of the rights envisaged by the UNDRIP, and responsibilities given to the State, it is doubtful that the State is really concern and following the UN directives in letter and spirit.

The Real Thing: It is no more a secret that the Jubilant Energy has secured the drilling rights (Tender) to install or dig 30 Oil wells in Manipur. Thirteen in Tamenglong district, 17 in Churachandpur district and 10 wells in Jiribam district, according to official sources.

It may also be mentioned that Manipur has a 5 trillion cubic feet oil worth of billions of dollars! It is no wonder that the JOGC or Jubilant Energy has set 8 million budgets for the drilling works. It may also be mentioned that, in just within the 13 wells in Tamenglong district, if oil is found and suck out in a 13 elephant-size pipe-lines, it will last 30 years to drained out all the oil contents!

In the light of such a huge resources, it is no wonder that the government of India agreed to the New Exploration Licensing Policy after its eight round of talks with the Jubilant Energy and that the government of Manipur granted and signed the Production Sharing Contract for the Manipur Oil Block 1, codenamed AA-ONN-2009/1, and the Petroleum Exploration License (PEL) on the 23rd September, 2010.

Prior to this, the PSC for Manipur Oil Block II, codenamed AA-ONN-2009/2, was already signed on 19th July, 2010 and the PEL was granted on 20th September, 2010! The Deeds relating to the PELs were signed on 15th November, 2010 and the Production Sharing Contract becomes effective from that date!

The total area of land granted for exploration is about 4, 000 Sq Kms and for the 380 to 1.43 trillion cubic feet of oil Jubilant Energy is taking 100% participating interest! However, there is a contradicting report that the total oil potential of Oil in Manipur is about 5 trillion cubic feet, just from the Abin, Kharkhuplien, Taithu, Sialman, Leimata and Oinamlong (2 oil blocks) alone!

This means that the total oil potential in Manipur could be much higher than expected!

Upon all these resources and glamour, it is a sad thing that there is no transparency in regards to taking the Informed Consent and Prior Permission of the indigenous peoples before going into such a big deal with a Multi National Company for exploration of resources (Hydrocarbon) of the indigenous peoples, who own the lands, territories and the resources.

Rather than taking their informed consent and prior permission - according to the UNDRIP - the people were duped to signed a No Objection Certificate (NOC) to the Alphageo Company to conduct a Seismic Surveys in the three districts. The people were also misinformed that roads, hospitals, and development infrastructures will be provided to them in exchange for the oil drilling activities.

And the infamous Pubic Hearing of the districts was held on in August, 2012. One is really compelled to ask, whether these Public Hearings were just a justification for the government and the Company for the records?! Will the outcomes of those Public Hearing mean anything useful for the people of the land or for implementing the UNDRIP in its true spirit, for the people, by the people and of the people? No wonder that the A Naga people out rightly stall the Public Hearing.

The Million Dollar Question is; is it rights to hold the Public Hearings after all deeds agreements or contracts have been signed?

Quoting the late respectable Prime Minister of India - who has envisioned India in the 21st Century - Rajiv Gandhi; "Development is not about factories, dams and roads. Development is about people...cultural and spiritual fulfilment of the people. The HUMAN FACTOR is of Supreme value in Development."

Are we listening to our late Prime Minister? Do we make any attempt to follow in his footsteps? Is the government of India listening and the government of Manipur concern about the saying? Or do we think that Rajiv-jee was wrong?

What will happen if the people were not develop or treated humanely though there might be lots of factories, dams, roads and institutions? Will the indigenous peoples be able to make alternative arrangement for livelihood and survival once their land is being possessed by the company? Will the indemnities provided to the villagers by the Company suffice for their future survivals or rehabilitations?

Even taking for granted that the people will be rehabilitated properly and sufficiently, how long will the environment damages caused will take to recuperate and be restored to their original status? Though there are waste management measures well in place - in letter - it is doubtful that the environment will be restore to its original stature even in 10-20 years.

Or Maybe: In spite of all the boons and banes of the Oil Exploration expedition and the blunders of the government and the indigenous people themselves, it may after all may be God Gift to the indigenous people or the state of Manipur!

Unlike the Middle East, which is a desert upon a Black Gold which God give them for survival and to be a blessing to the world; the hills of Manipur is abound with rich bio-resources and wildlife. And, now with the possible discovery of Oil (Black Gold) underneath it, can we call it a boon or blessing?

Even if it is a boon or blessings, we should be very careful in how it is being explored and utilise. The rights of the people should be given first priority but in view of the nature of expediting things at how it is, one is compelled to ask and guess if the intention of the government is a real concern for the development of the state and its people!

It might well be wise to introspects and not rush to conclusions but rather treat carefully so that the interests of all is respected, assured and protected - the UNDRIP in particular.

Jai Hind and Amen!