Nadigram violence kills 14

http://www.ndtv.com/topstories/showtopstory.asp?sl…


Nandigram violence kills 14<br />  - News India
Monideepa Banerjie, Bano Haralu, Sourav Sanyal
Wednesday, March 14, 2007 (Nandigram):

On Wednesday, once again violence erupted in Nandigram and at least 14 people have died and 30 injured in clashes between police and protesters.
The trouble started when a large police force tried to break the Nandigram blockade. However, they were confronted by a 5000-strong mob which began hurling bricks on them.
The police resorted with teargas and a mild lathicharge and then rubber bullets. But when the villagers started shooting with pipe guns, the police opened fire.
The police have recovered large caches of arms and ammunition from the villages that they marched into. They have been unable to enter these villages for two months.
“We used loudhalers and mikes to announce that we are only entering the area to restore peace and law and order and not any other motive. But the mob did not just listen,” said AN Vohra, DG, West Bengal Police.
Bandh called
Mamata Banerjee, of course, is not buying the police version of events. She has called a 12-hour bandh on Friday to protest what she calls a government-sponsored blood-bath.
“There has been a mass killing, there has been a massacre. This is state sponsored blood war. The chief minister must resign, he must resign,” said Mamata Banerjee, Trinamool Leader.
The Congress has backed the bandh call and even echoed her demand for President’s Rule in the state.
In fact, even the ruling Left Front is taken aback by the scale of the violence, and the CPI-M’s partners, including the RSP and Forward Bloc have demanded an emergency meeting which has now been scheduled for 6 pm (IST) on Thursday.
The March 16 bandh has forced the government to reschedule the state board’s higher secondary exams due to begin on Friday.
Friday’s exam will now be held on April 18 and the higher secondary exams will commence on March 19.
Meanwhile, the chief minister Buddhadeb Bhattacharya has said that he will update the State Assembly on the Nandigram violence on Thursday.

Farmers wont buy Relience SEZ deal

http://economictimes.indiatimes.com/News/PoliticsN…

GIRISH KUBER

TIMES NEWS NETWORK[ WEDNESDAY, MARCH 14, 2007 02:37:37 AM]

PEN: The Mukesh Ambani-led Reliance group’s relief and rehabilitation package for those affected by the Maha Mumbai SEZ near Mumbai doesn’t seem to have evoked much response. According to government sources, land transactions have not shown any significant pick-up since the announcement of the package. The company also admits that it has acquired just around 200 acres.
Compare this with the total land requirement of 35,000 acres (13,000 hectares), of which 10,000 acres would come as part of the Cidco-promoted Navi Mumbai SEZ. The rest, 25,000 acres, are being acquired for the Maha Mumbai SEZ. To speed up land procurement, the company had announced a relief and rehabilitation package on February 19. The package offers three options. First, the company will allocate 12.5% of the original land holding as developed land to the legal landholder. The second option is a one-time payment of Rs 10 lakh per acre of land. The third option is a payment of Rs 5,000 a month for the lifetime. The package also offers employment to a member of the family, to be nominated by the landowner.
As late as Monday the Reliance arm, Mumbai Integrated SEZ, claimed that farmers have welcomed the package and are queuing up to offer their land. However, after visiting a dozen villages (of the 45 villages identified for the twin SEZs)), ET learnt that the ground reality was quite different. “We will not surrender even an inch of our land,” said Suvarna Sakharam Patil, Sarpanch of Sarade village.
She is upset over two reasons. One, the company was eyeing her prime farm land. Second, the price Reliance paying is a pittance. When pointed out that RIL is offering as much as Rs 10 lakh per acre, she shot back: “What’s the big deal? Cidco was offering Rs 5 crore for the same piece of land. RIL offer is nothing compared to that.” Septuagenarian Balkrishna Tukaram Mhatre of Koroli village, raised another point. “Why should we give our land so that someone can trade it? RIL will resell our land at a premium. We will not let this happen,” he said.
He ridiculed the company’s employment offer. “They are promising job to only one in the family. As of now, my whole family, including all the sons, their wives and kids, are making a living out of the land. We earn enough to feed all. What will happen to the family if only one is assured a job, that too with a salary of Rs 5,000 a month,” he asked.
Mr Mhatre also came down heavily on Maharashtra government’s, what he calls, “dubious role” in the whole affair. “Why should the state have a soft corner for one company? The Maharashtra government should walk out of this. We will deal directly with the company.”
Tukaram Gharat from Dhakati Jui village also wants the government to keep out of the affair. “The government says our land is non-cultivable. If that is the case the region should have faced a serious agrarian crisis like Vidarbha where thousands of farmers have committed suicides. Where is the crisis in our region? On the contrary, we are sitting on one of the most fertile stretches of land in the state. We will not let this land slip out of our hand,” he said.
When contacted, state government officials refused to go on record on the tricky issue. However, an official from the state revenue department said on conditions of anonymity that no significant land transaction has been recorded by the department after the announcement of the relief and rehabilitation package. The revenue department is the central depository of all land records in the state.
The RIL spokesperson, however, disagreed. “The response to our package has been encouraging,” he said. According to him, the company has acquired nearly 200 acres of land since February 19, the day it announced the package. “The March 11 Zilla Parishad and Panchayat Samiti elections somewhat slowed down the process. We expect things to speed up after March 15,” he said.

2 million in Gujarat displaced due to development projects: study

http://cities.expressindia.com/fullstory.php?newsi…

FIGURE THIS: Vadodara-based Centre for Culture and Development lists displacements in Gujarat right from 1947 to 2004

Ayesha Khan

Vadodara, March 12: EVEN as a national debate rages on the rehabilitation package for Special Economic Zones (SEZs), a study by the Vadodara-based Centre for Culture and Development (CCD), is a stark reminder of the toll taken by displacements due to development projects. The study details all displacements in Gujarat from 1947 to 2004, including the ever-debatable Sardar Sarovar Project (SSP), and says around 2 million people, a neat five percent of state’s population, were displaced as 32 lakh hectares of land was used up for development projects in all these years.

The study, also carried out in Orissa, Goa, Andhra Pradesh, West Bengal and Kerala, took two years to be completed in Gujarat. Lancy Lobo, sociologist and CCD director, said that the study becomes all the more necessary, as the country is still debating a National Rehabilitation Policy that has yet to see the light of day. Also, experts feel that with SSP hogging the limelight in Gujarat, equal focus is needed on the impact of other development projects, for industries, mines, sanctuaries, or even roads and transport systems, which have induced displacement.

The report, which was prepared after studying the state gazetteer, revenue records, using the Right to Information (RTI) Act and also carrying out field studies across the state to survey the condition of those displaced, will now be released.

According to the report, the land acquisition in Gujarat has been divided into four phases; first from 1947 till 1960, secondly during 1961-1980 where the focus was agriculture, industrial development and urbanisation, the ’80s decades witnessed agriculture bearing the brunt of development works, and from 1992-2004, the focus was again on agriculture through SSP, and industry through SEZs. And of the total land acquired, 61 per cent has been used for big and medium dams, 23 per cent for transport and communications, six per cent for industries, four per cent for urban development and a miniscule 2 per cent for human resources.

Interestingly, the study reports that it is after 1990 that the state witnessed a larger transition of cultivable lands for non-agricultural uses. The highest increase in land compensation in South Gujarat, along the national highway, was recorded during this period. But the per capita receipt in the region has declined, suggesting a greater displacement of the people in the wake of the industrialisation of the districts, i.e. Navsari and Valsad, affecting the tribals the most. At the same time, the highest compensation was recorded in Jamnagar for land acquired by the state government on behalf of industrial giants Reliance Industries Limited and Essar Limited. Land values also rose in other districts of Saurashtra and Kutch, like Bhavnagar and Rajkot, due to the quick development of the industries along the coasts and the State highway.

The quantum of acquisition has remained higher in backward districts, mostly due to cheap and easy availability of land. “This has resulted in trends such as the government acquiring more than 35 per cent of the geographical area in Narmada and Bharuch districts,” observed the report. “People have been neglected in the name of development and national interest. It is not just the economic cost, but social and cultural deprivation, which has to be addressed,” said Lobo.

Maximum displacements are from Central Gujarat
NEARLY 2.5 million persons in Gujarat, i.e., five percent of the total population of the state are affected or displaced. Sixty per cent of this figure is due to water-related projects, 23 per cent due to transport and communication systems; and 7 per cent is due to industries. Forty per cent of the 18,700 villages of Gujarat are affected, some partially and others totally.

About 4,32,636 families in Gujarat have been displaced so far due to various development projects. And the regional share of displaced families comes to 20.23 per cent in North Gujarat, 38:42 % in Central Gujarat, 32:30 % in South Gujarat and 10:5 % in Saurashtra and Kutch.

Source: Centre for Culture and Development, Vadodara

Resoulutions passed in 35th National Convention of Bharat Krishak Samaj

http://raagbhairav.blogspot.com/2007/03/resolution…
The 35th National Convention of Bharat Krishak Samaj was held at Erode (Tamilnadu) from 17th to 18th February, 2007. The following resolutions have been passed:
Minimum Support Price

The minimum support prices (MSPs) of different crops estimated by the Commission for Agricultural Costs & Prices (CACP) and subsequently endorsed by the government are low and not remunerative. There is a need for up-gradation of the methods for estimation of real cost of production and arriving at the real remunerative prices. The process should be transparent and open to farmers.
Scrap SEZs, promote AEZs

Government should scrap all Special Economic Zones set-up on farmlands acquired from farmers against a mere compensation. SEZs should not be promoted; as such policy tends to usurp fertile farmlands leading to food security problems. Rather Government should promote and encourage Agri Export Zones (AEZs), which is aimed at integrated rural development.
Seed Bill-2004

If the government wants to re-introduce the “Seed Bill-2004”, it should incorporate the all recommendations of the Parliamentary Standing Committee on Agriculture, because seed is the basic need for food security which should not be surrendered to corporates & MNCs at any cost. Further there is no need for any new act for regulating the seed sector. The Plant Varieties Protection & Farmers Rights (PVP&FR) Act is sufficient to regulate the seed sector and should be the only law in the country. The PVP&FR Act should be further amended to provide greater protection to farmers’ rights. The PVP&FR Act is already TRIPS consistent and there is no need for a patent regime on micro-organisms, genes and other life forms.
Agricultural Credit

Rate of interest on all agricultural credit should be brought down to 4% and made uniformally applicable in every State. The loans to farmers should be waved off subsequent on crop failure.
Impact of WTO

Unfortunately Indian agriculture has been dragged into the ambit of the WTO and we have given market access for some agro produces at a time when the developed counties have distorted global prices by their huge support to their farm sector. In this situation Indian farmers cannot compete with the farmers in the developed world. Both EU and US have protected their markets through high tariff barriers and non-tariff barriers. The US through its recent Farm Bill 2007 has increased direct payments to farmers by 10% over the previous years. It has increased direct payments by $ 5.5 billion.
Unethical manipulations and distortions by developed countries in Agreement on Agriculture (A.O.A) and unequal globalisation have negatively impacted Indian agriculture. Government should work out strategy to rectify the inequalities and try to restore the legitimate demands of India pertaining to phasing out of all types of subsidies and support by developed countries, reduction of import tariff, rationalisation of trade imbalances, enhanced market access for India.
Special Product & Special Safeguard Mechanism

As the developed countries have not fulfilled their commitments in the agreement on agriculture for reducing their subsidies and support to the farm sector, India should not open up its markets. For Indian farmers every crop is a Special Product and not a matter for negotiation. If the government wants to save agriculture from any consequent disaster, it should fight for recognition of every crop as Special Product at the WTO and seek for effective application of special safeguard mechanism. If this is not possible then India should ask for restoration of the right to impose quantitative restrictions (QRs) on imports.

Technology Mission on Oil Seeds & Pulses

The Technology Mission on Oil Seeds & Pulses should be revived and reactivated on war-footing because Oil Seeds & Pulses are the vital pillars of National Economy.

Immediate Ban on all GM Crops

Worldwide there are reports of farmers being put to heavy losses on account of cultivation of GM crops. There is a conspiracy being hatched against farmers in the name of increasing production for food security by forcibly introducing genetically modified (GM) crops. India should learn lessons from the failure of GM crops across the world. Recently the US court has called for a review of the approvals of GM crops in that country.
The failure of Bt Cotton, financially crippling thousands of Cotton growers, impelling a large number of them unable to repay the debt to commit suicides by the farming community is a National shame. The Government should put immediate ban on commercial cultivation and trials of all GM crops in the country, because GM crops will cause health & environmental hazards and destruction of bio-diversity.
Marketing of Agro-produce

The free entry of corporates and multinationals in agriculture marketing has raised new problems. They purchase produce from farmers slightly higher than the MSP to capture the market and dismantle the government’s procurement system. Subsequently they hoard the stock, manipulate the market prices and sell at high prices. This is the major cause for the present rise in prices of essential commodities. The manipulations in the futures market is another cause for price rise. Thus the present rise in prices benefits only traders and corporates. Government should immediately ban futures trading on agriculture commodities and restrict direct entry of corporates and multinationals in agricultural marketing.
Imports of Agro-produce

With a view to contain rising prices, the government is encouraging import of agro produces. This measure will be detrimental to farmers’ interest in the long run and destroy country’s food security. Imports of agro commodities should not be encouraged when they are available in plenty in the country.
Food Standard & Safety Act

With a view to destroy the traditional food habits and culture and to encourage the processed junk food of the MNCs and discourage consumption of fresh food, the Food Standard & Safety Act has been brought in. This Act should be immediately repealed.
Subsidy

The government does not give any direct subsidy to farmers. Whatever minimum subsidy the government intends to give for agriculture should be given directly to farmers.

Irrigation facilities

The Government should plan the policies to recharge the level of ground water. The irrigation projects and schemes to be made on priorities and the funds allotted to state Govt’s should not be diverted to other heads. Irrigation projects and linking of rivers should not be done at a cost to the ecology. The projects displaced persons should be compensated in full.
Because the water is the lifeline of agriculture, therefore, it should be saved. The farmers should use the sprinkler and drip irrigation system for irrigation to save the water. The Government should give 50% subsidy on it directly to farmers. The Government should also ensure availability of electricity for agricultural purposes at concessional rates. Exempt Agro Machines, Tools, Equipments etc., from Excise & Vat.
Utility items like tractor, agricultural equipments & machinaries, drip and sprinkler irrigation installations, fertilizers, seeds and agro-chemicals should be kept out from the ambit of excise and vat. Also, the subsidy on them should be enhanced and given directly to the farmers.

Export of Organic Foods

There is an increasing demand and unlimited scope for t
he export of organic food across the world and Indian farmers are missing this opportunity. The Government should bear the cost of certification of organic produces, which is presently high, and beyond the reach of farmers. The National Horticultural Board & APEDA should bear this responsibility immediately. The Government should also give adequate level of subsidies for cultivation of organic produce and for encouraging their exports.

Testing Laboratories

Well equipped soil, fertilizer, agro-chemicals and seeds Testing Laboratories should be established in every District Headquarter of the Country for the benefit of the farmers.
Promotion of Agro based Industrial Units
Sustenance is just not possible from ever increasing fragmentation of family farms. The Government therefore, should come-up with need based and area specific comprehensive blue print on agro based small and cottage industrial units in the villages and provide adequate incentive and financial assistance to the enterprising public of the rural belt.

Agricultural Insurance

Agri-insurance schemes must be made very responsive and its scope should be enlarged and widened to cover all sorts of calamities and the losses inflicted on the farmers should be adequately compensated. The assessment of losses should be done at village level as a unit in consultation with local farmers. Crop insurance programme should cover all crops in all areas of the country.

Employment Generation in Rural Belt

To generate employment opportunities in the rural belt, the Government should provide ready financial and infrastructural assistance to the farmers for dairy farming, animal husbandry, fisheries, poultry and bee keeping etc.

Agricultural Research

The cost of production has increased phenomenally due to the introduction of capital-intensive unsustainable agriculture. The use of costly chemicals has not only degraded the soil health and factor productivity.
Requisites of Indian agriculture and needs of the peasantry must be given top priority in the formulation of R/D policies. The Government should refrain from thrusting alien technologies on the farming community. Agri scientists should study traditional farming system and upgrade them, if necessary for implementation in farmers field. All farm policies and researches should be done in consultation with local farmers of the area.
Farmers’ representation

We demand that the Central and the State Governments should co-opt farmer leaders in all decision making bodies related to agriculture so as to make the policies more realistic, effective and action-oriented.
US-India Knowledge Initiative Agreement on Agriculture

Indo-US Knowledge Initiative Agreement on Agriculture should be immediately scraped as this treaty is designed to surrender country’s food security and research to US Government and US based multinationals.

Package to pluck SEZ land thorns

http://www.telegraphindia.com/1070308/asp/frontpag…

New Delhi, March 7: A proposal has been mooted to confine special
economic zones (SEZs) to wasteland.
However, in states where acquisition of farmland is unavoidable, SEZs
should be allowed on the condition that wasteland would be upgraded
into cultivable land to ensure “food security”.
The proposals are part of a blueprint drawn up by the rural
development ministry, which has been asked by the Prime Minister to
work on a rehabilitation package for land acquisition for SEZs.
In a written submission to Murli Manohar Joshi, the chairman of the
parliamentary standing committee on industry, the ministry said: “SEZs
should be established preferably on wasteland… where use of
agricultural land cannot be avoided, single-crop land in rainfed areas
may be considered. In completely unavoidable circumstances, multi-crop
land may be used for strategic requirements.”
But it has added a rider that if farmland is taken over, there “should
be compensatory development of wasteland for the sake of food
security”. This, sources said, will form part of the rehabilitation
package that the ministry will submit to the cabinet soon.
The ministry’s submission, sources said, is believed to form “the core
principles on which it has drawn up its report”.
If the cabinet accepts the suggestions, investors who have proposed
SEZs in Bengal will be among the beneficiaries. According to state
government data, only 0.5 per cent of land in Bengal is fallow – which
makes the use of farmland, including multi-crop land, for SEZs
unavoidable.
The fate of at least eight proposals for SEZs, including two from the
Salim Group, is hanging in the balance now as the Centre has slammed
the brakes, pending the rural development ministry’s rehabilitation
report.
In the note to the standing committee, which is preparing an
independent report on SEZs for Parliament, the ministry stressed that
there should be a state-wise balance in distributing SEZs to avoid
regional disparities.
The suggestion is seen as an indictment of the manner in which SEZ
proposals have been approved till now. States like Gujarat and Andhra
Pradesh have 19 and 45 formal approvals, respectively, covering some
10,682 hectares and 9,460 hectares. But the Northeast does not have a
single clearance.
The ministry has suggested the creation of “a list of activities that
may not be allowed on SEZs, e.g., setting up of golf courses or other
such facilities with large land requirements”.
An official said the government felt that allied activities could
include communication facilities, airports and employees’ quarters
“but not malls and housing estates for non-workers and stadia.

Protest march against sucides by farmers, SEZs

Madhur Tankha

Activists demand creation of a Zero Hunger Act

NEW DELHI: Members of Youth for Justice, Kisan Log Abhiyan and MCKS Food
for Hungry Foundation jointly staged a march at Jantar Mantar here on
Sunday protesting against the continuing farmers’ suicides.

Wearing masks, the protesters holding banners like “The Constitution
Guarantees Me Right to Life Yet Death Haunts Me All The Time” shouted
slogans against the United Progressive Alliance Government’s policies
that were leading to lack of livelihood for farmers across the country.
They called for a Zero Hunger Act.

Claiming that the Haryana Government had sent notices to farmers of
Rewari to hand over their agricultural land for Special Economic Zones,
Kisan Lok Abhiyan State president Dinesh Joshi said: “We don’t mind
giving barren land, but parting with fertile agricultural land for big
multi-national companies is quite unreasonable.”

Stating that he had received a notice from the State Government to
vacate his agricultural land, Lal Singh Yadav of Haryana said he grows
“bajra” and mustard in his 10 acre agricultural land but will now be
left with no option but to hand over his ancestral land to the
administration. “At least farmers should have the right to decide
whether they want to sell their land nor not. And the price paid to us
by the administration is pittance.”

Sharing their concerns, a number of Delhi University students under the
Youth for Justice banner marched with the farmers. Stating that they
interacted with farmers of Vidarbha, Youth for Justice representative
Kapil Mishra said the youth and the farmers had come on a common
platform to awaken the Government so that it comes out with a
farmer-friendly budget.

Demanding separate packages and waving off loans for farmers in all the
affected districts, Mr. Mishra said organic farming should be encouraged.

“Since 1997, over 25,000 farmers across the country have taken their own
lives. The worst affected places are Warangal, Amravati, Vidarbha,
Karimnagar and Nizamabad. Even though we are boasting of 8 per cent
economic growth, the grim fact is that our farmers are committing
suicide. This means our policy-makers need to change their approach
towards running the economy,” said Mr. Mishra.

Besides travelling to Vidarbha next week in March for a first hand
experience with the situation prevailing in the rural areas, Youth for
Justice members will visit Capital’s Connaught Place and Ansal Plaza
every Sunday to distribute pamphlets to make Generation X aware of the
farmers’ plight.

http://www.hindu.com/2007/02/26/stories/2007022620640300.htm

NHRC issues notice to centre on land acquisition act

http://www.hindu.com/thehindu/holnus/2182007022612…

New Delhi, Feb. 26 (PTI): The National Human Rights Commission (NHRC) has issued notice to the Centre on a petition seeking amendment in the “out-dated” Land Acquisition Act 1894, which it alleged was being used “arbitrarily” against farmers to grab their land.

The petitioner P Pullarao, an economist from Andhra Pradesh, moved the Commission alleging that in the past three years many acres of land has been acquired under the Act, displacing over 10 million farmers across the country in the name of development.

“No explaination is being given by the state governments or officials. The land is taken away using the Act. Farmers are thrown away from their villages without ensuring them any proper rehabilitation,” he said.

Pointing out “flaws” in the current land acquisition procedure, he said, “the District Collector issues a notification of land acquisition. It is then followed by revenue officials giving notice of vacation from the property.”

While drawing the attention of the Commission to the various provisions under Special Economic Zones (SEZs) which does not allow any public hearing on the issue of land acquisitions, Pullarao said it amounts to human rights violation.

Terming the Section 3 (2) of Chapter II titled “Establishment of SEZ” as a “bully” act on the part of the government, Pullarao has sought intervention of the NHRC in the matter.

The section states that “any person who intends to set up a SEZ may after identifying the area make a proposal to the state government concerned for the purpose of setting up the SEZ”.

In Andhra Pradesh, alleged Pullarao, the officials had been grabbing the land by forcing the farmers to voluntarily accept the compensation whatever decided by them.

Seeking suspension of the land acquisition Act, the petitioner has urged the NHRC to direct the Ministry of Rural Development to amend it in a “sensitive manner.”

Taking cognisance of the complaint, the Commision has also issued notice to Andhra Pradesh to submit the factual report in the matter within six weeks.

The rights of displaced people

http://mycitizennews.blogspot.com/2007/02/rights-o…

Dr Sandeep Pandey

The Government of Andhra Pradesh has acquired 340 acres of village common lands, 70 acres of temple lands from the Endowments Department and 500 acres from the local Gram Panchayat – China Mambattu of the Tada Mandal in Nellore District to set up a Special Economic Zone here. Some private industrialists have purchased another 100 acres of agricultural lands in the vicinity. 400 acres of the SEZ have being given to Apache to set up a shoe factory.
Three hamlets of the panchayat, N.M. Kandrika, China Mambattu and Peda Mambattu are being affected by this SEZ. There are weavers, shepards, barbers, washer men and women and Yanadi tribals living in these villages. The most vulnerable among these are the Yanadis because they do not have any land ownership making them ineligible to receive any kind of compensation in lieu of the displacement caused by the SEZ. The question of such communities and their livelihoods which are non farm based and dependent on natural resources and Community Property Resources is the most crucial one here.
Bandi Polamma, a member of the Yanadi community says that because of the land being sold they are losing their daily wages. The water bodies too are either being taken over by the company or are being polluted as a result of which fishing is becoming increasingly difficult as a livelihood option. Apache is setting up a fence which is making it difficult to access the forest which was a source for firewood. The tribals used to earn a part of their income by selling firewood. Hence the life and livelihood of this community is getting seriously affected due to the setting up of the shoe company here.
The local community facing displacement was promised jobs, education for their children, etc. However, it turns out that all promises were false. The displaced people have been left to fend to for themselves. Only two women have got sweeper’s job in the Apache shoe factory! The people feel let down and are in a public hearing organized in Nellore on 31st January, 2007 by Andhra Pradesh Vyavasaya Vruthidarula Union and Andhra Pradesh Matsyakarula Union they have expressed their intention to wage a struggle for their basic rights. Earlier a public hearing organized by the Government on 6th January turned out to be a sham as no people were allowed inside the hearing.
The people are demanding that every family displaced by the SEZ must be provided 2 acres of agricultural land with irrigation facility within the Panchayat limits, a housing site with low cost house built by the government, fishing nets worth Rs. 3000, one bicycle and a compensation of Rs. 10,000 per annum for the next 25 years.
At the same public hearing people from the Midderevu village of Muthukur Mandal of the same district also presented their woes. 1329.43 acres of land in three Panchayats, Krishnapatnam, Muthukur and Thamminapatnam is being acquired by the Government to set up Krishnapatnam Greenfield Port and Krishnapatnam Ultra Mega Power Project.
Midderevu village is next to Kandaleru creek and Bay of Bengal. Land along seashore is used for parking of boats, nets, catamarans, etc. People use common lands for grazing and firewood collection. They have also planted casurina in ten acres along the seashore. The village was hit by Tsunami and was only beginning to recover from the economic shock. In violation of the CRZ regulations, the villagers are being asked to cut the casurina plantation now. They are being asked to resettle at a distance of 7 km from the seashore and the local district collector has promised jobs for every youth.
180 families living in the village, including 20 Yanadi, mostly depend on fishing for livelihood. They are completely baffled by the idea of doing fishing from a distance of 7 kms. The fish move in groups and the colour of the sea is to be watched on a regular basis to determine when to begin the fishing operations. Parking of boats and gear would become a problem. In addition they would have to buy wood and fodder, imposing extra burden on their income. The people of Midderevu also face the dilemma of how to repay the Rs. 38 lakhs loan they had collectively borrowed from fish merchants in the post-Tsunami phase on the condition of supplying their catch.
People of Midderevu would not get any compensation because they do not own any agricultural land. Their traditional occupation has been fishing. But the existing legal framework doesn’t recognize fisher people’s right over the sea, for payment of compensation.
The people of Midderevu are determined in their resolve not to be displaced before the promises being made to them are fulfilled. They want that each family being displaced be given 2.5 acres of agricultural land, house constructed for them with a cost of Rs. 1 lakh, a compensation of Rs. 5 lakhs for forgoing fishing (rights) on the sea and adequate compensation for all plantations in the households and along the sea. Collectively they want repayment of Rs. 38 lakhs loan by the government on their behalf to the fish merchants, construction of fishing harbour for safe parking of boats and gear and provision of basic infrastructure like roads, drinking water, electricity, schools and community hall, etc, at the resettlement and rehabilitation site.
The demands being made by the people of China Mambattu and Midderevu are quite legitimate considering that most of the families may be forced to completely alter their lifestyles and livelihood options. The respective compensation package being demanded in the two cases will at least ensure that the families will have a one generation cushion to rehabilitate and resettle themselves. But since the authorities are not known to be very sympathetic to the people facing displacement in such cases, it is unlikely that the demand will be met easily. However, as increasingly more and more communities are awakening to their traditional rights under threat from modern development projects, in particular, and their human rights, in general, they are throwing up more resistance all over the country. The Government will ignore these democratic resistances and demands at its own peril.
Dr Sandeep Pandey

(Dr Sandeep Pandey is recepient of Dr Ramon Magsaysay Award for the year 2002, and is a reputed social activist leading National Alliance of People’s Movements (NAPM) and People’s Union for Human Rights (PUHR). He had co-founded Asha in 1991 in Berkeley California, after which he returned back to teach at India’s premier engineering institute (IIT Kanpur). He is presently actively engaged in strengthening people’s movements across the country, and can be reached at: ashaashram@yahoo.com)

Orissa: ThrottledDissent, Overstepped Laws, Displaced People

Orissa: Throttled Dissent, Overstepped Laws, Displaced People

Saswat Pattanayak

Here is a classic case of manufactured consent.
News is agog that India will have its Harvard University in next two years. Even Forbes Magazine testifies to that. The corporate media hails a proposed university in India to be the greatest hope of reified vision where huge mass of people will be educated for betterment of India’s economy; and, its poor state Orissa’s. It is being hailed as the institute that’s receiving the single largest donation ever worldwide: $1 billion, and yes its going to be the university with largest real estate holdings ever. So welcome to capitalism that apparently does good, through capitalists that claim to be philanthropists of great cause.
Are there any protests against the university? Hardly any. Who would protest establishment of a first world standard university in a third world standard country? Instead, there is huge celebration of this proposal, of a one billion dollar charity. It’s a poor peoples’ world, and free money counts. The donor, Anil Agarwal is being hailed as a messiah of sort whose generosity is redefining cannons of capitalism. ‘Let them eat cake’ is after all being replaced by ‘Let us serve them’!

The esteemed Chronicle of Higher Education has been publishing features to highlight Vedanta, and last week, it has advertised the vacancy positions, including that of a Provost and Chief Academic Officer. US-based Ayers/Saint/Gross Architects have been hired to design the Harvard clone. 8,000-acres of land are being earmarked for this gigantic project (Harvard has only 4,938 acres). In other words, the largest ever education project in the world is underway already.
Why?
The Corporate Charity for Profits Syndrome:
Last week, a LA Times investigation excavated how the richest man in the world Bill Gates evades taxes through his philanthropies. In fact, worse, his Gates Foundation invests 95% of its worth on industries that defeat the purpose of its 5% charity causes.
How much does Anil Agarwal, the 245th richest person in the world emulate the club chair? Totally. It appears, he fails to escape the capitalistic dictums: the crude greed in sophisticated pill. Proponent of the later stage of feudalism, landgrabbing capitalists have been targeting Africa and Asia for their wealth accumulation. And ironically, they have been employing causes such as AIDS and education as excuses to divert the public attention from the real issues: exploitation of resources, harassment of indigenous peoples, and murders of activists.
Behind the euphoria that outlines a $1-billion charity of Agarwal for the proposed university, lies the three years of vehement protests of thousands of indigenous/tribal people who are being inhumanly displaced a little distant away for a much larger corporate project that shall hamper the ecology and destroy livelihoods of local poor for the profits of the same bunch of profit mongers living in Britain.
The man who has promised to donate for university to educate people also happen to be the one who has been investing in nearby landmines to displace people and stake private ownership over public resources through suspect means. Only that, the dreams of furthering his landmining business would not advance if attempts are not made to eliminate the long prevailing popular resentments. And for that, the corporate house has taken shelter in some upper class intelligentsia that profits directly from a world-class educational institute in bargain. And this group of abettors comprises some high-profile educators inside India and outside of it, who have been impressing upon the media agencies to glorify this business house that funds their future abode.
The nexus between profiteering capitalists and kingpin professors also has complete consent from some political bigwigs and media business houses. All of them stand to benefit from a university that’s advertised as catering to upper class, upper caste youths of India who have had a remarkable private school education already, considering that the Vedanta University is to be based on “need-blind admissions”. So yes, in the most backward of states in India, only students with so-called ‘merit’ (implying most filtered students from urban school education) will benefit.
The Casualties of University:
I recently spoke with some activists participating in protests movements in Orissa against the Sterlite business expansions. The resentments are taking place at both the urban hotspots like Puri (near which the university is proposed) as well as in rural heartlands of Lanjigarh, Kalahandi (where the alumina project is underway).
Activists told me that at the university site, at least 20,000 people are affected by the project, whereas nearly a thousand are getting evicted. And yet, the business house is conducting press meets to send falsified numbers that the media are readily savoring. As per Ajit Kumar Samal, vice-president of the project, rehab packages are assured for all those going to be displaced. “The willing and educated persons of about 80 families, likely to be displaced, would be imparted capacity building training to absorb them in the project. We are ready to provide compensation amount as soon as the Government appoints a committee to fix the quantum” (The Pioneer, January 6, 2007). So, the number estimated by the Vedanta University stands at 80, from whom chosen few will be given compensation only after bureaucratic clearance. Of course, when it comes to affected people, the industries face bureaucratic hassles as well.
Adding more to the irony is the fact that with such billion-dollar promise quotes, the industry/government has succeeded in diverting the center of focus from Lanjigarh land scams to Puri as education site.

Smooth Operation:

For a business baron who, according to Forbes Magazine, “built his London-listed Vedanta Resources by acquiring state-owned mining and metal assets in India where main operations are located,” it was imperative that the protests of environmentalists and other activists be dismissed as routine hindrances in “developmental” path whereas the mass looting of home country resources for individual profit accumulation is planned out. Its as though, the onus on protecting the mother nature lies only with some professional environmentalists who need to be chided for receiving money from non-governmental organizations, whereas the greedy corporate houses’ demands be hailed all the while, for their skillful trampling down of peoples’ aspirations to hold onto their forest lands for their meager livelihood!
Vedanta Resources has already completed its 1.4 million tonne alumina project in Orissa’s Kalahandi district despite resistance. But the protest movements against its further plans to take siege of Niryamgiri Hill is continuing without much support of media or political outfits. Following the West Bengal model, even the state’s official communist parties have not reacted much apart from scantily registering protests against governmental repression. Only the Marxist-Leninist front of the left wing have come out to support the peoples’ causes. Lanjigarh at the first stage has already witnessed the $874 million project, but is unwilling to part with more of its sacred hills.
What’s shocking in the entire process is that in spite of mammoth popular opposition to the mining projects in Orissa, Agarwal’s Sterlite has managed to sign an agreement with the state Government under Naveen Patnaik to set up both the alumina refinery in Kalahandi as well as aluminum smelter and power plant in Jharsuguda. Subsequently it reached agreement with the Orissa Mining Corporation to jointly operate the Niyamgiri bauxite mines. The refinery is almost completed and the importing of bauxite through Vizag port has already started.
Not just that the majority people have no say in a plutocracy such as India, where the rich landgrabbers still rule the destiny of its poor, the private corporate houses also flout the laws of the lands to go to such extremes as displacing people and terming them as encroachers on their own lands. Not just the fact that such lands are illegal to be sold to non-tribals, but also the fact that Supreme Court appointed environment-empowered-committee has strongly disapproved of the project location, has not dissuaded the state government from its unholy alliance with the foreign firm.
Apart from its obvious anti-people repercussions leading to displacement of tribal groups, Lanjigarh has attracted ire of the Supreme Court of India and subsequently many environmentalists. As a result, Ministry of Environment & Forest has also recently issued directives to the Wildlife Institute of India to undertake studies related to the impacts of mining on biodiversity including wildlife and its habitat in the proposed Bauxite Mining area at Lanjigarh, Kalahandi as per the recommendations of the Forest Advisory Committee.
The findings, among other things suggested the following:

A) Bauxite from the Niyamgiri plateaus is proposed to be extracted through open cast operations. Various kinds environmental degradations and impacts are associated with this kind of mining. These are : geomorphologic changes, landscape changes, loss of forests; land degradation; loss of flora and fauna; loss of habitat; geo-hydrological and drainage changes; land vibration, shocks, blasting and noise; air quality reduction, water quality reduction; disruption of socio-economic dependencies and public health hazards etc.
B) Bauxite mining at Niyamgiri will bring several changes due to blasting and disturbances to the forested habitat over a period of 25 years. The mining plan proposes to have 3 working shifts of 8 h3rs each per day and 6 days per week. Working of the mine during night shifts would induce disturbances due to illumination of the Niyamgiri plateau area and pose disturbance to wildlife species more specifically the nocturnal animal. The illumination may restrict movement and habitat use and reduce occupancy and utilization by several species. This situation eventually will reduce elephant movements across Niyamgiri massif to Karlapath and Kotagarh Wildlife Sanctuaries and ultimately effect the population structure and there by its genetic diversity. Exodus of human population to mining site will enhance conflict with wildlife so to their losses in long run. Bauxite mining in Niyamgiri plateau will destroy a specialized kind of wildlife habitat, dominated by grasslands and sparse tree communities. These kinds of sites are breeding habitat of many herbivores such as barking deer and four horned antelopes.

The manufactured euphoria over the richest proposed university in the world is as illusive as the concept itself. A business house employing power tactics, first tries to set up an ecologically disastrous mining project to exploit Orissa’s indigenous areas for private gains. Facing stiff opposition from people and environmentalists alike, it struggles to gain a foothold for almost three years. And finally, wins the corridors of powers as predicted, with a side dish, a dream university: one that has allured the intelligentsia and educated section of the state, to create a normalization that can facilitate corporate hegemony over a land’s soul—its peoples.

Empowered Group of Ministers (EGoM) for SEZs

Dear friends

As we all know the Empowered Group of Ministers (EGoM) for SEZs have in this month put a hold on SEZ approvals and are now considering reviewing/ammending the SEZ Act 2005. This is an opportunity for all people’s groups, NGOs, civil society members to come together and in one voice demand that this monsterous policy and law be scrapped immediately. Attached here is a Draft Memorandum to the Chairperson of the EGoM – SEZs demanding that

·        the SEZ Act 2005 be repealed to ensure industrial and economic development which is fair and democratic

·        the approved and notified SEZs be cancelled and land acquisitions already made be annulled

·        an immediate dialogue or consultation be initiated with people’s groups, communities and Panchayat representatives to seek opinion on strengthening the development of local economies

Annexed with the memorandum is a detailed critique of Special Economic Zones that we have prepared. We have tried to cover all the major issues in this but if any one wants to add or comment please go ahead and send us your suggestions so that the changes can be made.

WE APPEAL TO ALL CONCERNED INDIVIDUALS AND GROUPS TO PLEASE SIGN ON AND ENDORSE THIS MEMORANDUM. WE HOPE TO SEND THIS LETTER BY THE 5TH OF FEBRUARY SO WE REQUEST THAT ALL SIGNATURES/ENDORSEMENTS BE SENT BEFORE THAT to manshi.asher@gmail.com or campaign@ncasindia.org

In Solidarity

Manshi and Rifat

To 1st February 2007

Shri Pranab Mukherjee

The Chairperson

Empowered Group of Ministers –SEZs

Union of India

Dear Shri Mukherjee

We, the undersigned, would like to acknowledge that the Group of Ministers’ SEZs has taken a positive step by bringing to halt the approvals of Special Economic Zone projects and considering the need to review the Special Economic Zone Policy and Act 2005. This decision was the need of the hour in response to the wide scale opposition and rising discontentment among communities across India for forced acquisition of their resources and also among the civil society and people’s groups in general for not opening the issue of SEZs for dialogue or discussion.

We, as members of the civil society, have consistently been raising several concerns in the matter of establishment of SEZs. The key issues that have been raised by us include

1. Large scale forced acquisition of land and promotion of real estate businesses

2. Loss of local agriculture, fisheries based and other traditional livelihoods

3. Lack of equal and non-exploitative employment opportunities for local communities in SEZs

4. Increasing burden on natural resources like land, water, forests and environmental destruction

5. Revenue losses and lack of real economic development of the country and people

6. Breakdown of governance systems especially of the local self governments with the creation of foreign enclaves

7. No effort by the government to initiate or open public consultation on the matter

The detailed presentation on some of these issues is enclosed in the annexure. The above mentioned issues were raised at meetings with the Union Minister of Commerce, the Special Secretary MoC, Minister of State (MoC) in September 2006 by a delegation of civil society members. The following demands were put forth by the delegation

· Immediate stopping of land acquisition for SEZ projects

· Halting of approvals for SEZs by the BOA

· Immediate dialogue with people’s groups and panchayat representatives on the matter

· Repealment of the SEZ Act 2005

The Special Secretary, Mr. G.K.Pillai and Minister of State (MoC), Mr. Jairam Ramesh had acknowledged the concerns raised and had made the following prosmises

· That consultations with NGOs and people’s groups would be organized by the government to understand the concerns of the people’s

· That a separate meeting of Chief Secretaries of States’ with Peoples’ groups would be organised

However, both these promises have been unfulfilled and the demands put forth have been completely overlooked by the Ministry of Commerce. Moreover, the BoA of the MoC went ahead with clearing more than 100 odd SEZ proposals in the months that followed.

We once again reiterate that the SEZ Act 2005 is anti democratic and unconstitutional as it completely violates the right to life and livelihood of people, who are being forcefully displaced for the implementation of these projects. The Act promotes large scale privatization and monopolization of resources into the hands of a few private developers at huge costs to the state exchequer as well as the economy and environment of this country.

We once again firmly demand that

· the SEZ Act 2005 be repealed to ensure industrial and economic development which is fair and democratic

· the approved and notified SEZs be cancelled and land acquisitions already made be annulled

· an immediate dialogue or consultation be initiated with people’s groups, communities and Panchayat representatives to seek opinion on strengthening the development of local economies

We hope that being representatives of the people, you stand united with us for a just and democratic society that ensures equitable development for all.

Thank you,

Cc

1. Shri Murli Manohar Joshi, Chairperson, Parliamentary Standing Committee on Commerce

2. Shri GK Pillai, Special Secretary, Ministry of Commerce

3. Shri Jairam Ramesh, Minister of State, Ministry of Commerce

4. Sonia Gandhi, All India Congress Party President

ANNEXURE – Key Issues raised in arguments against Special Economic Zones

Issue of Land and Displacement of livelihoods

In countries like India the issue of large scale acquisition of farm land leading to dispossessed farmers and loss of farm based livelihoods across the country side has been dominant in creation of SEZs. In India, as of now the total amount of land for the 400 projects (both formally and in-principle approved) comes up to 1,25,000 hectares according to a news report The government however, claims that most of this land is available with the State Industrial Development Corporations which is indeed untrue. Farmer’s protests against acquisition of their lands in Haryana, Maharashtra, Punjab, Tamil Nadu. Orissa and Gujurat are evidence enough to prove that.

The fact is that before the opposition started the government was completely unprepared to deal with the issue of land acquisition and the subsequent fallouts on farmers.

  • The Central SEZ Act 2005, for instance, is silent on land acquisition for SEZs. Further, land is a state subject and State governments are being expected to take the lead in establishing SEZs and, in characteristic fashion, the policy on land acquisition and potential displacement has been left unattended.
  • The SEZ rules do mention that the land can be acquired by the developer only after BoA approval. However, in Haryana and Maharshtra we have seen that the state government and developers have started acquisition before receiving a nod from the MoC.
  • Further , while there is a lower limit to the amount of land that can be acquired for an SEZ, there is no upper limit. Chapt2 Sec4 of the central act infact says that the central government after notifying the SEZ, if it considers appropriate, can subsequently notify, any additional area under the SEZ.
  • What is also ironic is the government’s position that state should stay out of the land acquisition process and that it should be between the two parties (Private party and the land owner) in case of private land. This is rather unfortunate considering that the state is supposed to protect interests of the marginalsied sections of the society rather than let the big sharks free to eat the small fish. Unless we move with the assumptio
    ns that farmers and rural communities in India are no longer marginalized this is a bit hard to understand
  • Another statement that “wastelands and single crop lands” can be acquired for SEZs is also adhoc and irrelevant. Any one who has an understanding of the rural areas would know that land use in India is not confined to cultivation but also extends to collective use for day-to-day survival. Fuel, fodder, other non-timber forest produce requirements are met from land, which could be categorised as ‘common property resource’ or charagah, gaucher, padit bhoomi in local languages but is referred to as “wasteland” by the government. Another critical issue is that in many states these “waste” lands are also either already under cultivation where the farmers are yet to get legal titles. In Raigarh district, where Reliance is planning to build a massive SEZ, almost 12,000 hectares of what are known as Dali Lands have been under cultivation by the tribals for decades now. Most families though are still awaiting regularization of these lands since they fall under the category of Forest land. Similar is the case for Orissa. For example, in Jagatsinghpur district the area where the Multinational Pohang Steel Company is planning its Special Economic Zone, almost 300 families are yet to be allotted legal titles. In the absence of pattas or titles, the villagers have virtually no bargaining power and get displaced without adequate or any compensation. Rehabilitation in such cases is not even considered by the government.

Also, considering the size of many of the special economic zones – they would be spread over an area of hundreds of hectares. It would be rather difficult to find contiguous “wastelands” spread over large areas, especially in many of the states like Tamil Nadu, Haryana, UP and Maharashtra, where these zones are coming up. So it would be virtually impossible to locate them “only on wastelands”. In its myopic view of the problem of “Land” in SEZ projects the Ministry has failed completely in considering these complexities and dynamics which will have serious consequences for rural communities and the last of the common property resources in our country.

  • The principle of “eminent domain” which is the basis of our colonial Land Acquisition Act (1894) is being clearly misused and even given priority over the principles in the 73 rd and 74th amendment of the constitution , which give primacy to gramsabhas as autonomous decision making entities.
  • Now, in a rush to facilitate the setting up of these zones the Government is also pushing a National Rehabilitation Policy based on a 2006 draft circulated by the Ministry of Rural Development. This draft has been extensively critised by people’s groups for being sketchy and inadequate. Further, this draft completely overlooks the earlier draft prepared in 2005 by the National Advisory Council (NAC) of the UPA in extensive consultation with people’s groups. The 2006 draft does not draw from the principles of the 2005 draft version but infact ignores them. Inspite of detailed people’s opposition to the new draft the government is pushing for its passage.
    In a scenario where new mega-projects like Special Economic Zones are coming up at a fast pace within the legislative framework of the SEZ Act 2005, such a Rehabilitation policy in combination with the colonial Land acquisition act would do little to address the issues that arise out of development induced displacement.
Labour Exploitation Issues

It is a well known fact that all over the world trade and export zones have reported instances of labour exploitation as a characteristic feature. India is not very different.

  • Prior to the SEZ Act 2005, and the introduction of the SEZ policy, theoretically, all labour and factory legislation were fully applicable in the EPZs. However, even in the EPZs, trade unions were practically absent and rare despite attempts of trade unions to organise. The key reason being the restriction to entry into the EPZs, which is limited to the employees who are transported directly to and from the factory door. Workers have also reported fear of victimisation by management if they become part of union activities. In the Noida EPZ, workers have been sacked for demanding that labour laws should be implemented.
  • The government had restricted the right to strike in two of India’s export processing zones (EPZs) – the Santacruz Electronics Export Processing Zone (SEEPZ) near Bombay and the Kandla Free Trade Zone – by giving them “Public Utility” status under the Industrial Disputes Act. This makes strikes illegal unless they are preceded by specified reconciliation procedures involving the Labour Commissioners’ Office
  • In the current SEZ regime, the labour laws have been significantly watered down. Chapter 2 Clause 5(g) of the SEZ rules hands over the power to the Development Commissioner to declare the SEZ as a “Public Utility Service”. Clause 5(f) delaegates powers to the Development Commissioner to handle workmen-employer relations. Functions of the labour commissioner are also handed over to the Development Commissioner.
  • As in other parts of the world in Indian EPZs it is the women who constitute the bulk of the work force in the EPZs, employed in establishments such as ready-made garments and electronics-based and software industries In an All India Convention of EPZ/ SEZ workers organized by CITU in 2002 it was discussed that women workers are exploited in these zones, Women are made to work in night shifts without providing proper conveyance to their residences. They are not given maternity leave. On the other hand, women found to be pregnant are removed from service. Crèches are not provided. Young and unmarried women are only preferred. The use of toilets is controlled by issuing tokens. Sexual harassment is very common.
  • In the Santacruz Electronics Export Processing Zone (SEEPZ) near Bombay, ninety per cent of the workers are women who are generally young and too frightened to form unions. Working conditions are bad and overtime is compulsory. The same is the case in the Cochin SEZ. The Contract Labour (Regulation & Abolition) Act 1970 specifically prohibits employing contract workers in activities which are “permanent and perpetual” in nature. We have example of many SEZ/EPZs where almost all the activities conducted by the units in are permanent and perpetual in nature and yet the practice of employing contract workers goes unabated

In the time to come the issue of labour is going to emerge as a major concern in these zones.

Environmental Issues in SEZs

While it would be very premature to talk about the environmental impacts of the large number of SEZ projects that are coming up, we have the Chinese example to imagine the extent of the environmental losses involved. India is already going through a crisis in terms of water scarcity as well as loss of forests and biodiversity. The point is that in the current framework for economic development costs of loss of forest and other common lands; large scale exploitation of water resources; coastal lands and lines; pollution – air and water; generation of e-waste etc; are not even being computed.

The environmental governance mechanisms have only seen weakening since the past five years. We have the following points to consider

  • It was way back in 2001 that the 1994 Environment Impact Assessment notification an amendment was made in 2001 that exempted SEZs from Public hearings, which was a critical part of the Environment Clearance procedure
  • The EIA notification 1994 was amended in a major way and a new notification was introduced in 2006 in order to issue fast track clearances for all projects
  • Schedule 1of the EIA notification, 2006 issued by the Ministry of Environment and Forests, under item 7c covers industrial estates/parks/c
    omplexes/areas, export processing zones (EPZs), Special Economic Zones (SEZs), Biotech Parks, Leather Complexes. The above categories continue to be exempted from the requirement of a public consultation even in the new notification
  • The EIA Notification, 2006 divides industries, projects and activities into Category A and Category B where projects under Category A have to be cleared by the Central Government, and Projects under Category B are to be cleared by the State Government.
  • Under Category A slated for Central Clearance ” if at least one industry in the proposed industrial estate (SEZ) falls under Category A, the entire industrial area shall be treated as Category A irrespective of area”, and “industrial estates with area greater than 500 ha. and housing at least one Category B industry” will be considered Category A and will require Central clearance. 
  • Under Category B, with “industrial estates housing at least one Category B industry and area < 500 ha” ; and “industrial estates of area > 500 ha and not housing any industry belonging to Category A or B”, require an EIA report to be cleared at the State Level. 
  • An industrial estate that is less than 500 ha and does not house an industry of either Category A or B is exempt from Environmental Clearance. 
  • While it seems fairly clear that units operating within SEZs largely require an Environmental Clearance at either the Central or State Level, on the basis of an E.I.A, but without a public consultation, a broad-based, sweeping “Special Condition” undermines even this basic requirement.  The condition states-

If any zone with homogeneous type of industries (under sections of chemical and petrochemical/bulk drug industries), or those Industrial estates with pre –defined set of activities (not necessarily homogeneous), obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance , so long as the Terms and Conditions for the industrial estate/complex are complied with

  • Construction projects are out of the purview of the EIA notification 2006

The SEZ Act and rules also leave the following ambiguities

  • No mention is made of regulatory mechanisms for Multi-product, single product zones, tourism zones as well as clearance for entire SEZ clearance vs. clearance for units
  • Guidelines for notification of SEZs are silent on environmental and ecological concerns
  • Single window clearances and roles of the approval committee are over arching. It is the development commissioner and later the SEZ Authority that would
  • The single window clearance feature makes the Approval committee at the state level under the DC responsible for approval of all SEZ units and even compliance to conditions of approval if any are to be monitored by the AC
  • There is no mention of the role of the Pollution Control Board
  • There is mention of Coastal Regulation related provisions in the sez rules and act. CRZ Notifications make space for SEZ’s with almost no conditions and regulation

These issues become even graver with provisions like the one restricting entry into the SEZs , which will be open to authorised persons only. This would obviously make it difficult for independent researchers to enter the area to carry out any environmental impact assessments or studies.

Issues of Governance and sovereignty of self governments

The most antidemocratic aspects of the SEZ Act which hit out at the sovereignty of governance systems

· Special Economic Zones have been given the status of industrial townships as per provisions of clause (1) of Article 243Q of the Indian Constitution and defined in Section 3.2 of SEZ Act, 2005. The State Government will declare the SEZs as Industrial Township Areas to function as self-governing, autonomous municipal bodies. Once an SEZ is declared as an Industrial Township Area, it will cease to be under the jurisdiction of any other local body like- Municipal Corporation and gram panchayat. Moreover, the SEZ Developer and Units would also be exempted from taxes levied by the local bodies because of its self-contained local body.

This clearly undermines the constitutional status given to Urban local Governance and Panchayats under 74 th and 73rd amendment. The present need is to improve financial powers given to the Panchayats to enable them to invest in physical and social infrastructure as a means of promoting growth and equity. And unregulated excessive industrial exploitation of land, water and other natural resources would only worsen the life of rural poor when Panchayats do not have any control of decision and taxing SEZs.

  • The status of “deemed foreign territory” to SEZs will snatch the sovereignty of locals from their lands, and natural resources which is the backbone of local economy and sustenance and also their fundamental right to movement as Indian citizens will be violated.
  • What is really going to challenge the governance system is the creation and concentration of power in the hands of the Development Commissioner at the state level and the Board of approvals in the Centre.
  • Further, the SEZ Act provides that grievances related to the SEZ can only be filed with courts designated by the state governments which will only be for trials related to civil and other matters of Special Economic Zones. No other courts can try a case unless it goes through the designated court first.
  • Building of a physical boundary around the SEZ and restricting entry to authorsied persons’ only means that it would be difficult for any individual or civil society groups and independent agencies to enter the area without prior approval of the Development Commissioner.
  • Creating foreign territories as SEZs within the national boundary will challenge the sovereignty of the country and undermine the constitutional right to freedom and liberty. This will enhance the internal conflicts led by economic and infrastructural disparity.

The act is completely silent as to the mechanisms for accountability of these (SEZ authority/ Approvals’ Authority) bodies to the people of the country.

Countering the Economic Logic

There are several questions that have been raised by economists and intellectuals challenging the arguments being offered in favour of SEZs as “engines of economic growth”. Some of these are

  1. Revenue losses from tax exemptions

According to an internal assessment of the Union Finance Ministry in 2005, the government had to forgo about Rs. 90,000 crore in direct and indirect taxes over a period of four years on account of the SEZs.

The 1998 Comptroller and Auditor-General Report on EPZs, stated that “customs duty amounting to Rs.7, 500 crore was forgone for achieving net foreign exchange earnings of Rs. 4,700 crore and the government does not seem to have made any cost benefit analysis.”.

The RBI has estimated that till 2010 the country exchequer would lose 1,60,000 on account of the tax subsidies to SEZ projects. The other concern is of SEZs turning into real estate businesses considering that 65% of the area within a zone can be a non industrial set-up.

  1. Domination of IT and Software projects

In the developing countries, the optimism generated by the boom in IT services allows the government to ignore the fact that growth of employment in the commodity producing sectors has not merely decelerated sharply but is increasingly less responsive to increases in output – the jobless growth syndrome. The optimism that IT services generate is only because this is the only segment where employment is increasing significantly. But that growth may be inadequate for most of the population except the middle class minority.

In Bangalore and Pune, both cities that have witnessed IT driven growth in the
past five years, issues of widening class disparities within the city leading to several social problems have emerged. Between July 2005 and 06, the Consumer Price Index escalated by about 8% in Pune, and 7% in Bangalore. This is further driving the real estate market – and cities like Pune have seen a whopping ascent in property prices as well as new construction. The ultimate load is on the city infrastructure – problems that both these aspiring to be metro-cities are facing. The states where these cities are located also are the toppers in the list of approved SEZ projects.

  1. Poor export performance of EPZs

There has been a comparison between SEZs and EPZs and the prediction of performance of SEZs in export production based on the EPZ experience in India

Lets take a look at some figures that will throw a light on the performance of EPZs

  • EPZs contributed to 4% of the exports in the country (2002)
  • As per an MoC report the exports from the Special Economic Zones during 2004-05 were of the order of US$ 4 billion, representing an annual growth of over 36%. During April-December, 2005, the exports from the SEZs stood at about US$ 3.5 billion.
  • During the five year period ending 1996-97 the foreign exchange outgo on imports made by the units and the customs duty forgone amounted to Rs.16461.58 crore against which exports of only Rs.13563.87 crore were reported.
  • An appraisal of the seven EPZs was undertaken during August 1996 to July 1997. Out of 2333 units granted letters of Approval, 513 units were functional as on 31 March 1997.
  • The Ministry of Commerce stated that 1351 projects/LOAs had been cancelled or lapsed on account of non-implementation indicating 58 per cent mortality in the units approved.

While the zoning concept remains the same as far as EPzs and SEZs are concerned, there are certain differences here –

  • 100% Export oriented units were essential in the EPZ policy and the conditions to get concessions and taxes were more difficult
  • The SEZ policy relaxes the conditions by allowing sale of products to domestic market by the Units in SEZ

The doubt that is being raised is that if SEZs are not able to attract EoUs then would they become hubs for domestic market production, which inturn would affect domestic producers in non SEZ areas (or domestic tariff areas)

Under all circumstances, in SEZ, the main beneficiaries would not be the units but the developers who would be getting land at cheap rates from the state along with huge concessions on infrastructure, maintenance and tax breaks. Even if they fail in attracting EOUs, their success will depend upon the set of activities (entertainment and township) that they can carry out for generating profits in the non industrial area of the SEZ.

  1. Regional Imbalances

The state wise break up of the number of projects below shows the dominance of SEZ projects in Maharashtra, Karnataka, Tamil Nadu, Gujarat and Andhra Pradesh. As in the case of China many of these zones are to be located in coastal areas. They also seem to be clustering around urban and already developed areas due to easy access to infrastructural facilities for transport and communication. The question that is being raised is of creation and further accentuation of already existing regional imbalances. Further, there is a concern about concentration of these zones in areas that are already over burdened and running short as far as supply of water and power are concerned.

The question that is being repeatedly raised is that are these zones relevant in the current economic context of India?

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Living Farms ( a project of DRCSC, Kolkata )
77 ,B , Brhameswar Patna
Tankapani Road
PO-Baragada Brit Colony
Bhubaneswar -751018
Orissa
Phone- 9938582616
www.drcsc.org

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Dr. G. V. Ramanjaneyulu
Executive Director
Centre for Sustainable Agriculture
12-13-445, Street no.1
Tarnaka, Secunderabad-500 017, India
ph.91(40)27017735, 27014302
www.csa-india.org, www.indiagminfo.org, gvramanjaneyulu@gmail.com