Recognition of Community Forest Resources in Andhra PradeshGood start – Poor follow-up

Presentation by SAKTI inState level consultation on CFR

Date: 22 & 23 August 2012 Hyderabadwww.sakti.in

EAST GODAVARI

SAKTI was engaged by ITDA, Rampachodavaram to train the social villagers to prepare traditional customary boundary maps with community uses.

Pamphlet produced by ITDA Rampachodavaram.

For the reasons best known to the officials, these maps were not submitted before the SDLC.

Government of Andhra PradeshSocial Welfare (LTR.1) Department

G.O.Ms.No.102 Dated: 06-06-2008

13. ii. (b) Social Mobiliser shall assist the FRC for preparation of Resource Map depicting individual & community forest resources on a chart with proper index and references and present it to the FRC. A Model Resource Map has to be supplied by the respective SDLC/ MPDO to each FRC/ Social Mobiliser for their guidance.

Order to prepare model resource map

The local terms for community uses in the pamphlet issued by ITDA, Rampachodavaram are printed in title deeds.

Name of the Reserve Forests

Name of the block

Particulars of concessions

Kandi kuppaI. Right of navigation over the under mentioned creeks are allowed as previously

1. From Kandikuppa to Pandi Over the creek called Masarupadu Kalva.

2. Pandi to Neelarevu over Vaddichilapa

3. Pandi to Pora over Pandi Godavari

4. Kandikuppa to Pora over Pedderumkalva

5. Kandikuppa to Molletimoga Kalarevu kalava

6. Pora to Molletigoma over Bidaru kalava.

7. Pora to sea-shore over cheekati kalava.

8. Gangitippa to Pandi over Nidikalva.

II. Right on behalf of the inhabitants Molletimoga and Kothapalem hamlets of Guttindeevi to the use of water of springwells at the Karuvaka beach for domestic purposes is allowed with access by footpath from Molletimoga to sea-shore 2 yards wide for men only length being 7 furlogns.

List of Rights and concessions admitted in Reserve Forests and blocks of Kakinada Division. KAKINADA RANGE

In the Forest reserve notifications, the community uses such as fishing, ways etc., are allowed as concessions. These concessions can be converted as rights under RoFR. But both the Tribal Welfare, Forest departments did not exchange this information.

VISAKHA DISTRICT

ORRC an NGO engaged SAKTI to train THIMSA, a tribal volunteers network to prepare traditional boundary maps in 27 panchayats having 217 habitations.

The District Collector instructed The Project Officer, ITDA, Paderu to follow up this exercise.

ITDA did not take initiative till date.

Rc. No. 324/08 F5 Dt. 20-03-2010 Collector’s OfficeVisakhapatnam

From ToJ. Syamala Rao, I.A.S., The Project OfficerDistrict Collector, I.T.D.A.Visakhapatnam. PADERU

Sub: RoFR Act 2006 – implementation of RoFR Act 2006 – Visakhapatnam District – Paderu Division – representation for Rights on Community lands for communal purpose under RoFR Act – communicated – Reg.

Ref: 1. D.O. Letter No.2731/2007 to dated 25-6-2009 of the Chief Conservator of Forests, Forest Department, A.P., Hyderabad.2. Representation Lr dt.3-3-2010 of Sri K. Krishnarao Co-ordinator Dhimsa Right Forum, Sundruputtu, Paderu.

I invite attention to the references cited.

In the reference 2nd cited Sri K. Krishnarao, Co-ordinator, Dhimsa Adhivasi Right Forum Sundruputtu, Paderu has represented on behalf of villagers in respect of Mandals. Paderu Division with a request to provide community certificates communal purpose under RoFR Act. A copy of the same is herewith enclosed.

I therefore request you to take necessary action as per the Guidelines communicated by the Ministry of Tribal Affairs, Government of India New Delhi with regard to community certificates under intimation to this Office urgently.

Encls: As mentioned above

Yours faithfullySd/- D V Reddy For CollectorVisakhapatnam

Gazetted Superintendent (F)

Copy to the concerned Tahsildars Paderu DivisionCopy to the Co-ordinator Dhimsa Adhivasi Right Forum, Sundruputtu, Paderu.

CTW instructions to Project Officersto prepare traditional boundary maps

Government of Andhra Pradesh - Tribal Welfare DepartmentFrom ToSmt. A Santhi Kumari. I.A.S., The Project Officers ofCommissioner of Tribal Welfare, Seethampeta, Parvathipuram, Paderu,DSS Bhavan, Masab Tank, Hyderabad. R.C.Varam, K.R.Puram, Bhadrachalam,

Eturunagaram, Utnoor and Srisailam.

Rc.No.1615/TRI/RoFR/2010 dated,08.12.2010Sir,

Sub:- TWD – TCR and TI – Hyderabad – Implementation of RoFR Act, 2006 – Preparation of Traditional and Customary Boundaries

resource map of Community Rights in all ITDAs – Reg.Ref:- This office letter even no. dated, 16.09.2010 addressed to Dr.P.Siva Rama Krishna, Director ‘Sakti’, RC Varam, East

Godavari district.

Kind attention is invited to the reference cited, wherein Dr.P.Siva RamaKrishna, Director ‘Sakti’, RC Varam, East Godavari district was requested to prepare the district wise (ITDAs) Traditional and Customary Boundary map (Resource map) in consultation with the elders of the habitats and traditional usages such as religious places, burial grounds, village council sites along with places of MFP, water resources, bio diversity etc. and also Primitive Tribal Groups tenures for conferring rights under RoFR Act, 2006.

In this connection Dr.P.Siva RamaKrishna, Director ‘Sakti’, is visiting ITDAs as per schedule given below.

Sl.No. ITDA Dates of visit1. Seethampeta 13th & 14th December, 2010.2. Parvathipuram 15th & 16th December, 2010.3. Paderu 17th, 18th & 19th December, 2010.4. RC Varam 20th & 21st December, 2010.5. K.R. Puram 22nd & 23rd December, 2010.6. Bhadrachalam 27th & 28th December, 2010.7. Eturunagaram 29th & 30th December, 2010.8. Srisailam 31st December, 2010 & 1st January, 2011.9. Utnoor 3rd & 4th January, 2011.

In view of the above, I request you to kindly provide necessary logistic support like accommodation and transportation to complete the proposed task in time.

Yours faithfully,

Sd/-(O.S.V.D.Prasad)

For Commissioner of Tribal WelfareCopy to:Dr. P.Siva RamaKrishna, Director, ‘Sakti’, R.C.Varam, East Godavari district for necessary action.

NALLAMALA FOREST

ITDA (Chenchus) engaged SAKTI to train in preparing the customary boundary maps

V. NAGI REDDY, I.A.S.,Secretary to Government (TW)Social Welfare DepartmentA.P. SecretariatHyderabad - 500 022.Ph: (O): 23452023, (R): 23356099; Fax: 040-23450611e-mail : secy_twd@ap.gov.in website: www.aptribes.gov.in

D.O.Ir.No.100/STWP/2007, Dated: 3-10-2007.

Dear,Sub: - Mahaboobnagar District Balmur Mandal, Chillakal Village - Formation of Co-op Societies of Chenchu

Tribals - Regarding.***

Please find enclosed a representation given by Smt. Balmuri Lingamma, Sarpanch, Lakshmipally Gram Panchayat stating that the Chenchu tribes of her village are depending on fishing in Rusulcheruvu which is in their village. It appears that Forest Department is obstructing their livelihood by preventing them from fishing in the tanks. The existing instructions permit granting of fishing rights to Cooperative society of Scheduled Tribes. However recently enacted ST and other traditional forest dwellers (Recognition of forest right) Act, 2006 allows traditional rights of tribes.

I request you to get a Cooperative Society registered for Chenchu tribals and accord the fishing rights in Rusulcheruvu as requested.

With regards, Your sincerely, Sd/-(V. NAGI

REDDY)ToSmt, V.Usha Rani, IAS.,Collector & Dist. Magistrate,Mahaboobnagar Dist.(we)

Copy to:Prl. CCF., Hyderabad with a request to issue necessary directions to the concerned DFO.Commissioner, Fisheries, Hyderabad to issue necessary directions to AD(F), Mahaboobnagar P.O., ITDA(PTD-Chenchu) Srisailam.The Petitioner(V.NAGI REDDY)

Please see for details in the Water rights …. http://sakti.in/forest_rights.htmDates and Events on Chenchus getting the fishing rights over the Rasool Tank.

Pamphlet produced by ITDA, Chenchus

This pamphlet in detail gave the documentary evidences of chenchu rights in Nallamala forest since 1860.( for details see forest rights(recognition) .. http://sakti.in/forest_rights.htm)

Model traditional boundary map. It is not possible to measure community uses with GPS but some measurements were given in this map which the forest department did not accept.

No.Name of the

GudemDweling sites allowed Shrines allowed Garden or field allowed

1 Gairluty Chenchu gudem

Bairluty 2000 yards square, in the vicinity of forest bunglow.

2 Srisailam gudem

1. Atikeswaram 200 yards square2. Yelagalaguntapenta 200x100 yards3. Marripenta 200x100 yards4. Chundi, north of sikharam 100x50 yards

1. Bayanna in Ippapenta stream 60x30 yards2. Poturaju at Morricheruvu 50x20 yards

Garden at Panasadra 50x50 yards, and containing 100 Mango trees and @ plantation gardens at Mulamaddirevu, measuring 50x5 yards and containing 20 plants in tree exclusive of any right to the land itself and exclusive of the right to plant fresh trees.

b) Dry crop filed1. At Atikeswaram estimated at 3 acres2. At Chundipenta estimated at 5 acres3. At Yelagalagunta penta estimated at 5 acres4. At Yerrabandapenta estimated at 2 acres5. At Marripenta estimated at 5 acresExclusive of any right to the land itself.

Existing rights of way and concessions to people in N.S.T.R. in Nandikotkur Reserve Forest

Rights and concessions to people allowed by forest department in Nagarjunasagar, Tiger Reserve, Srisailam.

The Madras Government in 1932 allotted 6000 acres of land for the cultivation of Chenchu in forest enclosures. The lands were surveyed in 1989. The Tribal Welfare Dept paid Rs. 1 Lakh to fix the boundaries. The Collector Mahaboobnagar proposed to convert Appapur as revenue village. But the SDLCs of Kurnool, Markapur, Nagar Kurnool did not take this information into account.

The Madras Government in 1932 allotted 6000 acres of land for the cultivation of Chenchu in forest enclosures. The lands were surveyed in 1989. The Tribal Welfare Dept paid Rs. 1 Lakh to fix the boundaries. But the SDLC’s of Kurnool, Markapur, Nagar Kurnool did not take this information into account.

Jurisdiction of revenue villages – Mahabubnagar District, Nagar kurnool division – Lingal and Amrabad Mandals declaration of notified hamlets (Chenchu pentas) as separate revenue villages - Proposal submitted by Collector Mahabubnagar District.

Minutes of the meeting of State Level Monitoring Committee under the Chairmanship of Chief Secretary to Government on “Prevention of Starvation Deaths among Chenchus” Dt:17-09-1996.

“Survey of Forest Enclosures:

CS Instructed that the Forest Department should immediately take up programme for fixing the boundaries of the Forest enclosures under the cultivation of Chenchus Prior to 1980 to enable the Revenue Department to issue pattas. The cost of fixing of boundaries of the enclosures ( Rs. 1 lakh) will be reimbursed by the TW department.

Action: Prl. Chief Conservator of Forest; Commissioner, Tribal welfare"

Conversion of Forest Villages into Revenue Villages

Observations

Instructions

Statistics

Suggestions

MoEF/ MoTA Committee on Forest Rights ActImplementation of Forest Rights Act in ANDHRA PRADESHReport of field visit, 27-31 July 2010

“Observations and Analysis

1. Deviation in Constitution of FRCs

2. Claims in Bauxite mining lease areas not accepted

3. Discrepancy between the area claimed and the title deed

4. Confusion over the area covered under VSS

5. Lack of awareness about Community Forest Rights

6. Settlement of displaced persons

7. Serious lacuna in the implementation process

8. Absence of Tribal Welfare department at field level”

GOVERNMENT OF ANDHRAPRADESHSOCIAL WELFARE (LTR) DEPARTMENT

Memo.No. 355/LTR-1/2008 Date:13-01-2011

Sub: TWD – TCR & TI, Hyderabad. Implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – Continuation of process – instructions – issue.

Constitution of Forest Rights Committees: In all left over habitations, where the Recognition of Forest Rights work was not taken up so far, Forest Rights Committees may be constituted at the habitation level or for a group of habitations, if individual habitations are too small (<25 households). In already covered villages, where RoFR process has to be continued further to cover the left over claims, same Forest Rights Committees may continue or new Forest Rights Committees may be constituted, if each Forest Rights Committees is having too many habitations.

Community Rights:

As regards Community claims, illustrative list of Community claims which has been prepared after extensive discussions with various local tribal leaders is enclosed at Annexure-II.

Project Officers of ITDA; and District Tribal Welfare Officers of Non ITDA districts are requested to issue pattadar pass books on community rights. A revised format for issue of Community right pass book is enclosed at Annexure-III A. Vidhya Sagar, Principal Secretary to Government ( TW)

The Memo allowed to convene habitation wise FRCs where ever necessary. Provided illustrative list of community uses tribe/ district wise . But authorities in the districts did not bother to implement these instructions .

Government of Andhra PradeshTribal Welfare Department

Progress of Implementation of RoFR Act, 2006 as on 31.05.2012 - At a glance

S. No Activity Claims in No. Extent in acres.

1 Community /VSS Claims received 6714 1016307

2 Community / VSS Claims Surveyed 6714 1016307

3 Balance Community / VSS Claims to be surveyed 0 0

4 Community / VSS Claims rejected 3554 32482

5 Net Community / VSS Claims after rejection 3160 983825

6 Community / VSS Claims approved DLC 2137 979262

7 Community / VSS title deeds distributed 2106 979207

8 Community / VSS title deeds to be distributed 31 55

9 Community / VSS Claims pending at various levels 1023 4563

“Confusion over the area covered under VSS” and Community Rights pointed out by sub committee of MOEF, MOTA on A.P. was not taken into account. The tribal welfare department did not change the reporting pattern. Still clubbing VSS and Community Rights areas.

Government of Andhrapradesh Tribal Welfare Department

Progress of Implementation of RoFR Act, 2006 as on 31.05.2012- At a glance

S.No Activity Claims in No. Extent in acres

1 individuals Claims Received 323765 950351

2 Individual Claims Surveyed 323748 950285

3 Balance Individual Claims to be Surveyed

17 66

4 Individual Claims rejected 149826 452148

5 Net Individual Claims after rejection 173922 498137

6 Individual Claims approved in DLC 172556 490984

7 individual Title deeds distributed 165691 472016

8 Individual Title deeds to be dsistributed

6865 18968

9 Indidvidual Claims pending at various levels

1383 7213

50% of individual claims are rejected. According to the draft rules these claims should be remanded.

The TW did not correct the discrepancies following the recommandations of Sub committee “Discrepancy between the area claimed and the title deed”

URGENT NEED FOR IMPROVEMENT IN GATHERING THE INFORMATION FOR COMPILING STATISTICS

In the statistics please provide…

Number of habitations with forest interface, Number of FRCs

The area under community uses and VSS should be separated.

In some revenue divisions for example Markapur in Prakasam District both the community uses and some of the areas under developmental programs such as electric line, roads etc were clubbed in community rights.

Under community rights 7 categories (Religious places, Burial grounds, Village council sites, MFP, Water sources, Bio-diversity, PTG tenures, historical places, footpaths and cart tracks etc.,) of community uses should be recognized. Area covered under these seven categories should be given separately.

Draft of certain rules to amend (Recognition of Forest Rights) Rules. 3. “2A. Identification of hamlets of settlements and process of their consolidation – The State Government shall ensure that, - (a). every Panchayat, within its boundaries, prepares a list of group of hamlets or habitations, unrecorded or unsurveyed settlements or forest villages or taungya villages, and forest fringe villages formally not part of any Revenue or Forest village record and have this list passed by convening Gram Sabha of each such habitation, hamlets or habitations included as villages for the purpose of the Act through a resolution in the Panchayat:

8. “(C) meet at least once in three months to monitor the process of recognition, verification and vesting of forest rights, consider and address the field level problems, and furnish a quarterly report to the Central Government on their assessment regarding the status of claims, the compliance with the steps required under the Act, details of claims approved, reasons for rejection, if any and the status of pending claims and shall ensure compilation of the above information and place the same on the website of The Central Government on Forest Rights Act”;

MINISTRY OF TRIBAL AFFAIRSNOTIFICATION

New Delhi, the 19th July, 2012.

Habitaion wise FRC’s, quarterly meeting of the committees

“12 B. Process of Recognition of Community Rights. – The District Level Committee shall, - (a) in view of the differential vulnerability of particularly Vulnerable Tribal

Groups amongst the forest dwellers, ensure that all(b) particularly Vulnerable Tribal Groups receive habitat rights, in

consultation with the concerned traditional institutions of (c) Particularly Vulnerable Tribal Groups and their claims for habitat rights

are filed before the concerned Gram sabhas, (d)whenever necessary by recognizing floating nature of their gram

Sabhas.

Special care in recording the Community rights of particularly Vulnerable tribes

Form CCLAIM FORM FOR RIGHTS TO COMMUNITY FOREST RESOURCE

[See Section 3(1)(i) for the Act and Rule 11(1) and (4A)]1. Village / Gram Sabha:2. Gram Panchayat :3. Tehsil / Taluka:4. District:5. Name(s) o the Members of the gram sabha [ Attach as separate sheet, with status of Scheduled Tribes / Other Traditional Forest Dwellers indicated next to each member]. Presence of few Scheduled Tribes / other Traditional Forest Dwellers is sufficient to make the claim. We, the undersigned residents of this Gram Sabha hereby resolve that the are detailed below and in the attached map companies our Community Forest Resource over which we are claiming recognition of our rights.

[ Attach a map of the community forest resource, showing location, landmarks within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities to which the community had traditional access and which they have been traditionally protecting and conserving for sustainable use. Please note that this need not correspond to official boundaries]

6. Khasra / Compartment No.(s), if any and if known:

7. Bording villages:

i. ii. iii. ( This may also include information regarding sharing of resources and responsibilities with any other villages)8. List of Evidence in Support (please See Rule – 13) Signature / Thumb impression of the Claimant(s):

Annexure –IVTITLE TO COMMUNITY FOREST RESOURCES

(See rule 8(i)]

1. Village / Gram sabha:2. Gram Panchayat:3. Tehsil / Taluka4. District5. Scheduled Tribe / Other Traditional Forest Dweller: Scheduled Tribes community / Other traditional Forest

Dwellers community / Both 6. Description and nature of right, which community has been traditionally protecting or conserving7. Description of boundaries including customary boundary, by prominent landmarks, and by Khasa /

compartment No:

With the said area, this community has the right to protect, regenerate or conserve or manage, and this ( to be named) community forest resources which they have been traditionally protecting and conserving for sustainable used as per section 3(1)(i) of the Act. We, the undersigned, here by, for and on behalf of the Government affix our signatures to confirm the community forest resources ( to be named and specified in extent, quantum, area whichever is applicable) as mentioned in the title to the above mentioned gram sabha/ community (ies).

(Divisional Forest Officer/ (District Tribal Welfare Officer)Deputy Conservator of Forest)

District Collector / Deputy Commissioner)

12. In the said rules, after Annexure –III the following Annexure shall be inserted, Namely:-

Comments on draft Rules on ROFOR 2012

Some of the provisions and clarifications in the draft rules were incorporated in the memo (No 355/LTR-1/2008, DTD; 13/1/2011) by Pl. Secretary (T.W) For example; a. FRC for habitation .b. Illustrated list of community uses.

Some important provisions in the draft

I. Draft Rules 2. (II)”Disposal of MFP- Appropriate means of Transport”. Instead of head loads this is better. But transport by vehicles from the habitations by private people may lead to many mischief's

II. The Draft (4) clarifies on membership in the FRC in the Habitation level. 2(a)III. The Committees should meet once in three months. 8 (1) ( C ) IV. Instead of rejecting the claims remand to the committees – 10 (3) V. 12 (b) in the draft rules. Special Emphasis on P.V.T.s  The Form C and Annexure IV prescribe to attach maps with land marks. This Mapping exercise, though initiated in A.P, need to be standardised.

The memo of the Principle secretary Tribal Welfare allows to form habitation

wise forest rights committees and provides a format and content for the

community rights

The Act itself instructs committees at all levels to take special interest of

particularly vulnerable of Tribes

Then the draft is only a reemphasis of original positions

The awareness and action at grass root level is the need of the hour

which neither the Govt not the Civil Society is interested in. According to the

above memo of principle secretary, a skeleton staff are working on contract

basis in the districts to implement this programme.

It should be noted that implementation of Act is below average even in the

home district (Vizianagaram) of the Minister of Tribal Affairs. He shold take

the lead in implementing the programme.

What is new about these new guidelines

Thank You