The United Nations Committee on the Elimination of Racial Discrimination (CERD) has expressed serious concern over information suggesting a significant risk of displacement and forced evictions facing tribal and forest-dwelling Indigenous Peoples in India. The Committee received this information under its early warning and urgent action procedure.
The letter was sent on 12 May, addressed to Arindam Bagchi, Ambassador and Permanent Representative of India to the United Nations Office, Geneva.
According to the details provided to the Committee, the National Tiger Conservation Authority (NTCA) issued an order on June 19, 2024, which reportedly requested Chief Wildlife Wardens to prioritize the displacement of tribal and forest-dwelling Indigenous Peoples in 18 states. These states are listed as Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Mizoram, Odisha, Rajasthan, Tamil Nadu, Telangana, Uttar Pradesh, Uttarakhand, and West Bengal.
The information indicates that, as a result of this order, nearly 85,000 families, or approximately 450,000 persons, belonging to these communities are potentially subjected to displacement and forced evictions from 54 tiger reserves across the specified 18 states.
The Committee has been informed that this order allegedly violates safeguards and standards within India’s domestic legal framework, specifically contravening Section 38V(5) of the Wildlife Protection Act of 1972 and Section 4(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006. The reported violations are said to stem from an incomplete process to recognize and determine the rights and acquisition of land for these communities, a claimed lack of evidence that their activities cause irreversible damage threatening tigers or their habitat, an alleged absence of confirmation that other reasonable options for co-existence are unavailable, and a reported lack of available resettlement or alternative packages for the affected Indigenous communities.
The CERD is particularly concerned that these allegations, if verified, would infringe rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The Committee highlighted specific concerns, including the reported lack of effective and meaningful consultation with the tribal and forest-dwelling Indigenous Peoples to obtain their free, prior and informed consent. Furthermore, concerns were raised about information indicating a lack of an impact assessment study related to the order and its potential effects.
The Committee is also worried about the reported risk of displacement and forced eviction resulting from the order’s implementation and the claimed lack of adequate alternative housing and compensation provided for the lands, territories, and resources traditionally owned or used by these communities.
The Committee noted a previous communication from other UN human rights mandate-holders to the Indian government regarding concerns about the situation of tribal and forest-dwelling Indigenous Peoples. It also recalled its own prior concluding observations concerning India and its General Recommendation No. 23 (1997) on the rights of indigenous peoples.
In light of these serious allegations and concerns, the Committee, acting under Article 9(1) of the Convention and Article 65 of its Rules of Procedure, has formally requested the Government of India to provide information on the reported allegations. The request specifically seeks details on the situation of the tribal and forest-dwelling Indigenous Peoples concerning the NTCA order and the associated risk of displacement and forced evictions. The Committee has requested this information by August 1, 2025.
The communication, addressed to India’s Ambassador and Permanent Representative to the UN Office in Geneva, concludes by stating the Committee’s wish to continue to engage in a constructive dialogue with the Government of India to ensure the effective implementation of the ICERD.
