Submission of CRA, Manipur on Wetland (Conservation and Management) Rules 2016

6 June 2016

To
The Secretary
Ministry of Environment, Forest and Climate Change,
Indira Paryavaran Bhavan
Jorbagh Road, New Delhi-110003
Emails: [email protected], [email protected], [email protected]

Subject: Submission of CRA, Manipur on Wetland (Conservation and Management) Rules 2016

Sir,

The Centre for research and Advocacy, Manipur (CRAM) would like to take this privilege to make this submission in response to the call for inputs to the Wetland (Conservation and Management) Rules 2016 under the Environment (Protection) Act, 1986, as a framework for the conservation and management of wetlands.

The CRA, Manipur, after a careful perusal of the draft would like to outline the following points of observation, concerns and recommendations.

1. That, the draft Wetland Conservation and Management Rules, 2016 (WCMR, 2016) is primarily lacking in its failure to include specific provisions to ensure the fundamental recognition of the customary and traditional rights of fishing communities, small scale farmers and other wetlands dependent community over their wetlands that nurtured their livelihood and survival. Wetlands, such as Loktak and Lamphelpat provides a major source of livelihood including a variety of fish, vegetables, water for agriculture and also other source of income for local communities. In the absence of an alternative source of livelihood, the survival of these communities is at serious risk. The provisions outlined in the UN Declaration on the Rights of Indigenous Peoples, 2007 to recognize communities’ rights over their land, wetlands and resources are undermined.

2. That, the WCMR, 2016 contains no scope for rightful participation of the fishing and farming community including those communities dependent on Loktak wetlands, and other grass roots stake holders in decisions impacting wetlands and their survival dependence. There is no mechanism to ensure respect of Resolution no VIII of Ramsar COP VII at Costa Rica in 1999, which resolved to promote community participation in wetlands management. India is a signatory of Ramsar Convention on Wetland, 1971 which sets up guidelines for establishing and strengthening of local communities and participation of indigenous communities. It also calls for the inclusion of the indigenous peoples in National Ramsar Committee and cooperation between contracting parties, technical experts and indigenous people. However, the local communities’ participation in decision making of any matter that concern wetlands like the Loktak wetlands etc and their livelihood has not been recognized.

3. The WCMR, 2016 has also failed to ensure the recognition of the right to free, prior and informed consent of fishing communities and other indigenous communities living and depending on wetlands, in all development processes affecting wetlands and their survival. The consultation with as well as the consent of the communities is crucial since the survival of fishing and farming communities and also the existence of wetlands depends on the traditional knowledge and practices that sustain the health of the wetland. The wetland serves as a major source of variety of fishes and seasonal vegetables to major population in the state. It also helps keep a healthy environment by draining out the river water that flows into it, and keeps them clean. Any wetlands conservation and management that attempts without the rightful involvement and participation of communities living in wetlands and other wetlands dependents and affected community would be worthless and futile.

4. The exclusion of the crucial aspect of conducting environmental and other necessary impact assessment before carrying out any development process that affect the health of wetlands is a serious and unfortunate matter. The absence impact assessment in the development process planned over wetlands will lead to erroneous formulation and prioritization, as well as misinformation on development processes and projects, which will subsequently infringes on the survival rights of communities on the wetlands. The absence of impact assessment also connotes the ignorance and indifference of the policy makers on the inalienable relationship between the communities and the wetlands physically and spiritually. The 105 MW Loktak Multipurpose Hydroelectric Project, Manipur (1984) and its Ithai barrage is a prima facie example as to how an absence of an detailed impact assessment by project proponent has led to unresolved contestations and controversial rehabilitation and resettlement.

5. The WCMR, 2016 has no provision to stop controversial mega projects like Hydroelectric Projects, such as the 105 MW Loktak Multipurpose Project in Manipur, which has led to widespread scale of impacts on local communities. The Government of Manipur is unleashing merciless eviction of local communities from Lamphelpat wetlands and introduction of unsustainable projects.

6. Concepts like ecosystem service, sustainable development, and wise use principle are introduced exclusively in the WCMR, 2016, which will only facilitate corporatization and privatization of wetlands and displacement. The introduction of these concepts, alien to the cultures and way of life of communities in wetlands, will led to more contestation and multifaceted conflict with communities and State. The reference to sustainable development is also misplaced in the new rules, as provisions of WCMR, 2016 and implementation will only led to unsustainable development due to lack of appraisal of impacts and failure to consult and integrate the traditional knowledge and customary rights of indigenous communities.

7. That, the said rules have no specific section to check the abuse of power by the Authorities constituted so far, including the State Wetland Authorities; Also, there is no section that can deal with stakeholders/or agents who have vested interests and who already have damage the wetlands. There is no legal mechanism or specific procedure to address any grievances of people who live in and are dependent on wetlands during the operation of the WCMR, 2016.

8. The WCMR, 2016 has no clear mechanism and provision to ensure accountability of the corporate bodies, the State and those vested interest groups for unleashing all forms of violations on the rights of communities depending on the wetlands: The Government of India and Government of Manipur are equally responsible for the destruction of wetlands and there’s no adequate mechanism to check the violations and to hold the States and relevant stakeholder’s accountable for their violations. In absence of such, the rules can defeat genuine concerns of conservation of wetlands.

The Centre for Research and Advocacy, based on our aforementioned observations would like to recommend the following for your kind perusal and action to:

a) Recognize Indigenous peoples explicit rights over wetlands, land and resources in the new Wetlands Conservation and Management Rules, 2016.
b) Ensure the right to free, prior and informed consent of all local communities living in and around wetlands are taken before introduction of any development processes.
c) Conduct detailed and holistic impact assessments of all development process planned over and affecting wetlands.
d) Withdraw problematic concepts like ecosystem services, sustainable development that are defined exclusively without community’s participation
e) To ensure a clear mechanism to hold corporate bodies, States and all those involved in unleashing violation of community rights in wetlands

The CRA, Manipur would affirm that for any failure to consider our demands positively, would resolve to reject the Wetland Rules 2016, as it stands today.

(Sanaton Laishram)
President
Centre For Research And Advocacy, Manipur (CRAM)
Sega Road Hodam Leirak, Imphal, Manipur - 795001, India
E-add: cra(DOT)manipur(AT)gmail(DOT)com
Website: www.cramanipur.org