Medha Patkar Charter

Medha Patkar, Convener, Narmada Bachao Andolan

1. Every large project must be subjected to a holistic appraisal. The people likely to be affected must be allowed to examine all aspects of the project, including the “public purpose”, and also the possibilities of achieving the same objectives through non-displacing or less displacing alternatives. Such “social appraisals” must be made legally binding.

2. The project-affected people (PAP), other concerned citizens and peoples’ organisations should have the legal right to challenge the claim of “public purpose” behind any acquisition, and such challengers should be given access to all relevant information and documents about the project.

3. The prior informed consent of the community should be taken before any project resulting in displacement or loss of livelihoods is approved. Forced displacement of people should be permitted only in the “rarest of rare” cases.

4. It must be ensured that the number of people displaced is the minimum required, and that no less-displacing or non-displacing alternatives are available.

5. The principle of “land for land” must be followed scrupulously in all R&R plans—that is, all land losers must be given the option of accepting alternative land as compensation.

6. While determining compensation, the replacement value of land at market rates must invariably be considered.

7. Apart from compensation for lost property and assets, the land acquiring authorities must also provide compensation for lost livelihoods and lost opportunities. Communities must be adequately compensated for common amenities and assets lost because of the project.

8. All those affected by any of the works or activities related to the project must be treated as PAP. This policy should be applicable to all individuals, families and communities that are either physically displaced from their homes or whose livelihoods or access to natural and common resources are adversely affected.

9. The process of selecting rehabilitation sites and lands must involve the PAPs and their consentmust be mandatory for the final selection.

10. The time frame for the displacement process should be sensitively determined and people must be given enough time to adjust to their new locations and lifestyles. It should be mandatory to allot land to PAP at least two years before they are displaced so that they can get used to cultivating this land even while they continue to live in their original homes.

11. There should be no physical displacement unless full compensation has been disbursed, the complete R&R package fully implemented, and the rehabilitation site completed in all respects, at least one year before the displacement is planned.

12. Wherever the people are not willing to shift, it must be assumed that the fault is either in the package being offered, the progress of implementation or in the approach to the displaced communities. This must be recognised as a failure of the rehabilitation process.

13. As far as possible, the displaced communities should be kept together.

14. At least 10 per cent of the project cost should be spent on R&R, not including compensation.

15. Allotment of shares in the project should be made according to the recommendations of the Bhuria Committee Report, which states that 50 per cent of shares of mining and other industries should go to the community, 10 per cent to the people who are directly affected and 10 per cent to workers.

—As told to Kapil Bajaj