The Union Cabinet is all set to bring clarity and finalise procedures for forestry clearance of projects that involve large-scale displacement of tribal population. Lack of well-defined procedures for forestry clearances under the new Forest Rights Act (FRA) has resulted in project files flying between the environment and tribal affairs ministries with neither willing to take a final call on the matter.

“We have received several files from the environment ministry asking us to examine the issue of compliance with FRA. This is a dark area for us as such clearances by us is not guided under any existing regulation. We hope that the Cabinet would clarify the matter so that projects worth several billion dollars do not get stuck for want of forestry clearances,” said an official of the tribal affairs ministry asking not to be named.

“We are internally examining the issue and would consider moving a note to the Cabinet to bring more clarity on the issue,” the official added.

Industries that need to use forest land for their projects have to get forest diversion clearance from the environment ministry under the Forest Conservation Act. The ministry has recently issued a circular that makes compliance under FRA mandatory before a project's proposal on forest diversion clearance is considered.

As compliance with FRA largely involves getting consent and settling the rights of tribals, environment ministry wants tribal affairs ministry to take the lead on the issue. The tribal affairs ministry, however, has been refusing such requests saying it neither has the necessary machinery nor is it guided by clearly laid down guidelines to issue such clearances.

While the environment ministry has refused forest clearance for alumina mining at Niyamgiri hills by Vendanta citing that rights of tribals had not been settled as per FRA and that the state had given false evidence to claim otherwise, it wants tribal affairs ministry to verify the claims again and certify that the rights of tribals are not compromised. Similarly, in the case of Posco's steel project in Orissa, the environment ministry wants tribal affairs ministry to play an active role and give its certification.

“We cannot give this certification on our own at present. The files are just being returned to environment ministry to take further action based on the report of state-level committee on forests and its own forest advisory committee,” said the official of the tribal affairs ministry.

The ministry is likely to approach the Cabinet with the plea to provide it with necessary manpower if it indeed has to certify projects for compliance to FRA. Alternately, it is likely to suggest that advise given by the state-level forest committee be considered final on matters pertaining to FRA. “We are represented in various committees that access rights of the displaced in any industrial project. Government will have to give final authority to someone if it is serious about putting clearances on the fast track and ensuring that the rights of tribals are not seriously compromised,” said the official.

Proper coordination between tribal affairs and environment ministries is important as most of the projects in the metal and mining sectors involve acquisition of land in tribal areas.

In addition to new changes, the tribal affairs ministry is also framing a Bill that would guarantee land ownership rights for tribals. It is likely to increase the liability of the acquirer to resettle and rehabilitate tribal families, which is going to impact mining, paper and metal-based industries. Land acquisition in tribal areas will be guided by the principle of land-for-land, market value of land, concept of net present value (NPV) of assets and social impact assessment. Besides, the land acquirer would have to ensure lifelong livelihood for the entire tribal community of the area in terms of providing jobs in industrial units or by imparting training to them for their employability.