To
The Chairperson,
Forest Advisory Committee (FAC)
Ministry of Environment, Forests and Climate Change (MoEFCC), New Delhi.
October 16, 2022
Subject: Diversion of forest land for Dibang Multipurpose project (DMP) – Impact on forest land and rights of affected local communities needs to be freshly ascertained in light of submission of Government of Arunachal Pradesh.
Dear Chairperson and members of the FAC,
We write to you on behalf of local communities impacted by the proposed Dibang Multipurpose project (DMP), especially in terms of the impact on our rights over forest land directly and indirectly impacted by the project.
It has come to our notice at the last minute that the FAC will be discussing the Dibang Multipurpose project in its meeting to be held on October 17th. Although the time does not allow us to make a detailed submission, which we will do in due course, here is a brief submission given the urgency of the matter.
From the agenda note it is clear that the diversion of forest land for DMP was recommended by the FAC in September 2014 with the condition that a certain area of the Dibang river basin covering both Lower Dibang Valley and Dibang Valley districts is declared a national park for future preservation of ecological diversity in the river basin. This condition assumes significance, as it appears from the records that the diversion of forest land was earlier rejected twice by the FAC (including with the reduced forest land). Subsequent to this a communication was sent by MoEFCC to Government of Arunachal Pradesh dated August 28th 2014 stating that “the committee has recommended for rejection of the proposal on the ground that the proposed area is very rich in bio- diversity, sensitive ecosystem being at the edge of hills and floodplains and having large number of endemic and endangered flora and fauna etc. Furthermore, such project is most likely to have considerable downstream impact including on the Dibru-Saikhowa NP in Assam which is yet to be studied.” (Annexure 1)
Despite this categorical decision of the FAC and MoEFCC to reject the forest diversion for DMP, it was revived in September 2014 based on a communication from Ministry of Power. It was subsequently discussed in the meeting of the FAC in September 2014 and recommended for diversion on certain conditions, including that of the national park.
As per the brief agenda note for the current meeting of the FAC, the Government of Arunachal Pradesh has communicated to the MoEFCC eight years after the condition was put by the FAC that (quoting as exactly stated in agenda note):
“The State Government informed that the legal status of the land in question is unclassed Forest/community Forests whose the local people are enjoying customary rights since time immemorial and therefore not will to part away with their land by declaration of National Park.”
While we are indeed happy with the concern of the state government for our rights, we are surprised that that state government has not sought consent from Gram Sabhas whose rights over forest land are affected due to the DMP and the conditions imposed on it over the last eight years. While some Gram Sabha consultations may have perhaps been held for the land being directly acquired for certain project components, no Gram Sabha consent has been sought from Gram Sabhas whose forest lands and rights will be impacted by ‘compensatory and ameliorative measures’ (including the National Park condition) as well as forest land and rights affected by the operation of the project (e.g. riverine tracts and associated ecosystems in downstream-affected areas, which legally constitute forest land, where exercise of rights by local people will be majorly affected due to a number of reasons. For example, due to drastic flow fluctuations due to power generation patterns – referred to as ‘peaking’ operations –which will not just affect biodiversity and resource use patterns of local communities but will also be a likely reason for disasters including washing away of wildlife and people.
Diversion of forest land requires prior consent under the Forest Rights Act (FRA) and in the case of the DMP forest diversion proposal compliance was mandatory with the circular dated 3.8.2009. The MoEF circular dated 3.8.2009 (Annexure 2) regarding compliance with the Forest Rights Act during the forest diversion process under FCA, 1980 is unambiguous in stating that Gram Sabha consent is also required for "compensatory and ameliorative measures" associated with the forest diversion.
The FAC in its mandate is also supposed to look at both direct and indirect impacts on forest land due to a diversion proposal. This is precisely why it had initially raised concerns regarding the downstream impacts in both Arunachal Pradesh and Assam on forests and biodiversity. However, the state government has not carried out the process of Gram Sabha consent for forest land and rights directly impacted due to project operation in the downstream areas. Nor for the “compensatory and ameliorative measures” being carried out in forest land including Catchment Area Treatment, Compensatory Afforestation, as well as the proposal for the declaration of the national park (as a compensatory measure).
Such consent was mandatory before the project was granted forest clearance. The current communication of the state government eight years after the FAC imposed the condition, that people will not be willing to part with their lands for the national park, is actually a larger admission on its part: that it has not carried out the legally mandatory consent of Gram Sabhas for compensatory and ameliorative measures.
Hence, it is critical that the government of Arunachal Pradesh, the FAC and MoEFCC examine the forest diversion proposal for DMP afresh for its direct and indirect impact on forest land and rights of affected people in the upstream and the downstream. We will also be bringing this to the notice of the Ministry of Tribal Affairs.
If the FAC takes a short-cut and merely dilutes the national park condition imposed on the project (without looking at the proposal afresh from all dimensions), it will be committing grave injustice on both the biodiversity and people of the Dibang valley, in the process also compromising the long-term ecological security of the region.
Thanking you.
Sincerely,
(Names have been withheld to protect the privacy of the authors)
Copy to President of Adi Ba:né Kébang, Shri Abul Pertin Tayeng
Copy to Adi Ba:né Kébang, Lower Dibang Valley unit, Arunachal Pradesh
