The New Nation - Internet Edition

Jiten Yumnam

Multipurpose Hydroelectric Project were held in March, one at Tipaimukh dam site, Churachandpur District on 31 March 2008 and another at Keimai village, Tamenglong District, Manipur on 26th March 2008, both organized by the Manipur Pollution Control Board. The public hearing at Keimai village registered extraordinary support from the Assam Rifles and the Border Security Forces camps nearby and slaughtering of pigs for handpicked participants by project proponents in both hearings. The first public hearing on Tipaimukh dam project at Darlawn Community Hall, Darlawn, Mizoram on 2 December 2004 was severely criticized for its lack of transparency of the project proponent, North Eastern Electric Power Corporation (NEEPCO) and failure to provide vital documents, including Detailed Project Report, Environment Impact Assessment etc.

The Tipaimukh Multipurpose Hydroelectric Project, to be constructed 500 Metres downstream from the confluence of Barak and Tuivai rivers, in South-western corner of Manipur over Barak river, with firm generation capacity of 401.25MW, has been one of the most controversial mega developmental projects in Manipur. While the project proponents, the Government of India and Manipur and NEEPCO hailed the project as bearing immense potentials and economic benefits, several issues remained unresolved, primarily the insensitive attitude of the Government and the project proponents to the legitimate concerns of the project affected villagers in the upstream and downstream portion of the Barak River.

The second and third public hearings for proposed Tipaimukh dam at Churachandpur and Tamenglong District headquarters on 17th November and 22 November 2006 respectively had flouted all democratic norms and marred with lack of transparency, undermined accountability and failure to listen to survival and livelihood impact of the dam and the organizers of two hearings were criticized for reliance on heavy military deployment. The rejection of these public hearings at Churachandpur and Tamenglong District headquarters and complaints thereafter has led to rescheduling of further hearings at Keimai village and at Tipaimukh dam site on March 2008. Interestingly, the public hearing at Keimai could not be organized as the affected villagers from Tamenglong district rejected the hearing itself opining that public hearings are a fraud process with negligible space to accommodate the aspiration of affected peoples and that the people of Tamenglong are not prepared to sacrifice their land and resources for a project designed by outsiders. The nuances of the public hearing at Tipaimukh dam site on 31 March 2008 is best revealed as the NEEPCO engineers and officials had already commenced drilling and other construction activities even before necessary clearances are obtained, as admitted by NEEPCO's complaint filed to the Government of Manipur on 29 April 2008. And this may be the reason why several civil societies based in Tipaimukh area and in Tamenglong rejected the hearings, some resistance groups resisting to the extent of destroying the construction equipments on 27 April 2008. These hearings were held despite peoples' call for revocation of the Memorandum of Understanding on Tipaimukh Dam signed between NEEPCO and the Governor in Council during Presidents Rule in Manipur in 2001, endorsed further in 2003.

An overall assessment of the five public hearings from 2004 till April 2008 indicates that affected peoples of Manipur and Mizoram have all rejected the construction of Tipaimukh dam project and that the project proponents pursued the project vigorously with little care for the rights of the affected peoples. Consequently, the affected peoples are unanimous and consolidating their stances to protect their land and resources and to defend their sources of survival. The reasons for objections are varied and worth exploration. While the affected peoples along the Mizoram side complains of lack of transparency, non provision of vital information for basis of decision making, the Zeliangrong peoples of Tamenglong district complains of failure of project proponents to take their Free, Prior and Informed Consent (FPIC) with due necessary provision of all information on the project. Till date, the affected peoples in Mizoram, Manipur, Assam and even in Bangladesh are still denied the Detailed Project Report (DPR). The primacy accorded to power generation and for flood control in Barak Valley in Assam, benefits for project planners from Assam and New Delhi while sidelining the irreparable implications to the intrinsic survival dependence of affected peoples over their land and resources in Manipur and Mizoram has been another factor of objection. The irresponsible conduct and lack of accountability of project authorities in previous mega projects, as for instance, the National Hydroelectric Power Corporation (NHPC) with the economic, social and environmental devastation caused by its Loktak Multipurpose Hydroelectric Project has also been cited as another reason. Persisting policy vacuum in Manipur, absence of people friendly policies on sustainable development, on environmental protection, on accountability, on rehabilitation and resettlement further compounded the objections. The manipulation of project proponents in public hearings is crystal clear. The project authorities' stage managed back door affirmative representations of 13 villagers at Tamenglong public hearing on 22 November 2006 as against the stance of the people of Tamenglong District against the project. The secretive meetings and the denial of participation of affected villagers while entertaining handpicked villagers in the two hearings also constitutes an attempt to drive a wedge among the people of Manipur towards creating disunity, misunderstanding and conflict ultimately.

Indeed, the fallacy of public hearings is best proved in Manipur in the case of construction of Capitol complex. Despite objections in the public hearing organized for Capitol Complex by residents of Lei Ingkhol, Thangmeiband and Chingmeirong in February 2005, the construction commenced soon after. The very participation of affected peoples notwithstanding their opinions has being interpreted as meaningful consultation with peoples and employed as premise to commence project implementation. Public hearings held under the Environmental Impact Assessment notification of 1994 is limited only to environmental impacts and the scope for addressing the multidimensional impact of mega, unsustainable projects is curtailed, hence, objections to public hearings in South Asia.

A serious challenge with the initiation of developmental projects in Manipur is the failure of the state and project authorities to recognize the inherent rights of the indigenous peoples over their land and resources and their mandatory right to be consulted and approval taken for any initiatives affecting their land, rivers, wetlands and other resources. The project proponents failed to recognize that the livelihood and survival, in both physical and spiritual terms, of the indigenous peoples of Manipur revolves around the sustainable use and dependence on their natural resources and that any extinguishment of such interrelationship only led to impoverishment and perennial hardships to peoples. This non recognition coupled with serious dearth and absence of developmental vision and people friendly policies on sustainable use and management of natural resources and norms of accountability in the state has already led to widespread displacement, devastation of ecosystems, as in the case of Mapithel Dam construction and Loktak Multipurpose Hydroelectric Power Project. And the problems multiples when the project affected peoples are again denied of redressal mechanisms and processes to seek justice as for instance, the National Hydroelectric Power Cooperation (NHPC) remains irresponsible till today for the devastations, displacement and loss of livelihood caused by its Loktak Multipurpose Project. It is in these reality of policy dearth on sustainable development and peoples participation, amidst state's failure to resolve developmental related challenges (Loktak Project, Mapithel Dam as for instance) and serious lack of accountability of the project authorities and state government for projects gone awry, that efforts to introduce Tipaimukh Dam project has been conceived and introduced in the State.

Much has been written and publicized on the multitude of impacts of Tipaimukh Dam. The Government and the project authority, NEEPCO has still failed to address the impending challenges and multifaceted impacts posed by the construction of the proposed Tipaimukh dam. Some of the most important challenges includes impacts of displacement, submergence of livelihood sources, mostly in Tamenglong District, where people cultivates mostly in river banks along the Barak rivers and its tributaries.

A large number of people, mostly Zeliangrong and Hmar tribes, will be displaced permanently and deprived of the livelihood. Official figures state that 1,461 Hmar families will be directly displaced due to the project, but the number of villages to be affected is yet to be independently verified (the 1984 report said 31 villages, in 1998 the official number fell to 15 and the 2000 report of NEEPCO records only 8 villages). The dam will submerge areas of about 311 sq. km covering 90 villages with 1,310 families, including 27,242 hectares of forest and cultivable land and posing serious threat to the rich biodiversity, flora and fauna of the region. The forested hills most in Tamenglong and Churachandpur Districts are the habitat of rare and endangered species of reptiles and mammals, including pythons, gibbons, leopards and deer. The region is rich in orchids, medicinal and herbal plants. Submergence of Barak Water Falls and Zeilat lakes, both sacred to the Zeliangrong peoples is serious concerns too. Social impact due to demographic changes due to migration of workers from other regions has not been addressed. Militarization of Dam affected areas both to protect the dam and also to control affected villagers and subsequent civil rights violations, especially in armed conflict prone region will only escalate conflict and rights violations targeting innocent civilians, women, youths and children mostly.

The site selected for Tipaimukh project is one of the most active in the entire world, recording at least two major earthquakes of 8+ in the Reichter Scale during the past 50 years. The proposed Tipaimukh HEP is envisaged for construction in one of the most geologically unstable area as the proposed Tipaimukh dam axis falls on a 'fault line' potentially active and possible epicenter for major earthquakes. Several earthquakes over magnitude 5-7 on recorded within a radius of 6 km to 100 km of Tipaimukh in the past 150 years and the epicentre of the last earthquake in 1957, with a magnitude of 8 lies at approximately 80 km from the dam site in an east-northeast direction. The historic Old Cachar Road, popularly known as Tongjei Maril and traditional waterways along the Barak will be disconnected from the state capital and the upper Barak forever. The people use the river extensively for transportation as road connectivity is poor, carrying bamboo and ginger through the Tuivai river to Barak and then all the way to Lakhimpur in Lower Assam. A 20 km. stretch of the existing New Cachar Road (NH-53), including two major bridges over the Barak and Makru rivers will be submerged.

The way to construction of Tipaimukh Dam has been numerous instances of violations of human rights, environmental and sustainable developmental standards even before the commencement of the dam construction.

The affected peoples both in the upstream and downstream of the Barak River has long called upon the Government and the project authorities for a fair decision making on Tipaimukh Dam construction based on human rights and sustainable development standards. Despite numerous representations and meetings with concerned authorities reiterating these call and respect of their inherent rights over their land and resources and to consider the enormous scale of possible impact of the project, the project authorities insist on proceeding with dam construction, already with many visible violations on record.

The Memorandum of Understanding between the Government of Manipur and the project authority was signed on 9 January 2003 even as the affected peoples both in the upstream and downstream of Barak River called for a wide consultation on Tipaimukh Dam based on provision of project information. This undemocratic move from the project authorities and the Government is further consolidated when the Assam Rifles, a paramilitary unit of the Indian Army, operating in Manipur for counter Insurgency operations, came out publicly to provide security for the Dam.

In violations of India's own environmental rules and human rights developmental standards and despite peoples objections, the power Minister of India, Sushil Kumar Shinde laid the foundation stone for Tipaimukh Dam on 15 December 2006. The Prime Minister of India, Dr. Manmohan, remain scot free from prosecution for violating India's own developmental standards and environmental laws by laying the foundation stone for Capitol Complex at Kairang Khong, Chingmeirong on 20 November 2004 and of course recently again in Dibang Multipurpose Hydroelectric Project in 2008. Again, NEEPCO, disregarding peoples demands, had called for International bid from International construction companies for construction of Tipaimukh Dam on 30 November 2005. The Prime Minister and the Power Minister of India should be punished for violating India's own laws and for disregarding the call of the people of Manipur to respect their inherent fundamental rights over their land and resources.

The recent destruction of drilling machines of NEEPCO exposes bare that NEEPCO had already commenced construction work even before due adherence to all existing human rights and developmental standards, including guidelines of the World Commission on Dams for construction of dams. Drilling process of NEEPCO, in short, commencement of construction work at Tipaimukh without the agreement and consent of the people is a complete violation and disrespect to the affected peoples.

It seems there's a tacit understanding between NEEPCO and the concerned authorities in New Delhi and perhaps with army high rankings that all necessary clearances will be granted anytime and that all constructions need be pursued at the earnest. And as such, NEEPCO seems to be too keen to take up the project and even without consulting the people as it opts for a unanimous decision for military deployment for its security.

The unfortunate part, as reported by local dailies in Manipur on 30 April 2008 is that NEEPCO seems to opt for the latter while disregarding the voices of the people and if wishes of the people of Manipur no longer becomes the central reason for taking up the project, the question of the rationality and purpose of the project arises. For whom is the project planned, who actually planed and decide for Tipaimukh project? Increasingly, the hard and raw truth reveals bare as time goes by.

These violations persists amidst consistent and long standing call of civil societies, human rights bodies and affected villagers both in the upstream and downstream portion of the Barak River. The Government and failed to respond to representations against the Tipaimukh High Dam. The submissions by various civil society groups, human rights organizations, village authorities etc on 19 March 2003 to North Eastern Electric Power Corporation (NEEPCO), objecting the construction of Tipaimukh HEP in response to call for submission under Section 29 of the Electricity (Supply) Act remains unresponsive. On 11 July 2005, the Aizawl-based Centre for Environment Protection (CEP) has strongly demanded of the Mizoram government and NEEPCO for the withdrawal of their petition for diversion of forest land for non-forest purposes from the Ministry of Environment & Forest to pave way for implementation of the controversial Tipaimukh Hydro-electricity (multi-purpose) project. Concerns expressed by affected villagers in the downstream portion of Barak River, mostly in Bangladesh, remained unheard. On March 9, 2005, the National Committee for Resisting India's River Aggression, Dhaka, Bangladesh, launched a protest march towards Jakiganj in Sylhet from Dhaka to protest against the construction of a dam at Tipaimukh on the river Barak, the water source of Surma, Kushiara and Meghna rivers. An International Tipaimukh Conference at Dhaka in December 2005 also strongly objected the construction of Tipaimukh High Dam, seriously viewing the absence of consultation and participatory impact assessment in both the upstream and the downstream portion of Barak River.

Is Tipaimukh Project conceived and planned to respond to the actual power needs of Manipur. How much power is actually required in the next ten, twenty or even fifty years for the State and how much can be generated from diversified sources? Is Dams the only source of power? Is the State listening to the increasing success stories of power generation from non renewable sources? Why is it that Manipur suffers such a power shortage despite Loktak Project and others generating in excess of what the state needs at present? How long will the State insist on military deployment to introduce forcefully another mega developmental initiatives? Why are increasing numbers of people in Manipur resisting what the state has planned for development, as in the cases of NIT Expansion at Kyamgei Loukol, Lamphelpat, Manipur University Expansion at Phumlou Konjin Loukol, Canchipur, Airport Expansion at Malom Tulihal, the Mapithel Dam project, Tipaimukh Dam project etc? Did the State Government conduct introspection into what has gone wrong with the developmental planning? How long can the State exclude the common people in developmental decision making process to ensure benefits to the poorest of the poor and not just people in power in Imphal, New Delhi, Guwahati and what not in Calcutta? Are the messages from the people for sustainable development and for defining alternatives, to defend our wetlands, agricultural land, forest, rivers for our future generation captured? What attempts has been made to answers these questions with the people of Manipur?

Its important for all of us to be sensitive that there's always an answer with the people, the people cannot be just subjects and mere objects for oppression and suppression and developmental process cannot began and end with detachment from them. Any form of such detachment will delegitimize that process and that's exactly whats happening with many of the developmental initiatives in Manipur. People are increasing sidelined, marginalized and targeted, often with brute use of force and application of rigid state apparatus while extinguishing all space for justice. In a heavily militarized society like Manipur, this will only lead to rigidification of the practices of impunity and conscription of civilian space.

It will be interesting to know who will benefit most from the Tipaimukh project and who will lose the most? Here it will be important to know if any holistic and multifaceted impact assessment of the Tipaimukh project on the livelihood, indigenous economy, biodiversity, culture, traditions, health, and social with the affected peoples has ever been conducted. The answer is simply no. Times are a changing. The Govt and NEEPCO should neither encourage nor apply National Hydroelectric Power Corporation's (NHPC) operation style of Loktak Project without even paying single pense of compensation and rehabilitation to more than 10,000 affected villagers in Bishenpur and Thoubal district of Manipur.

Because, the cost of submergence of more than 50,000 hectares of cultivable land, due to displacement and due to lack of accountability of NHPC is enormous, only deepening Manipur's financial and environment crisis and worsening dependency on outsiders. The original conception of Tipaimukh dam project is to control flood in Barak Valley in Assam and nothing to do with Manipur. No one knows accurately how much power will Manipur get as percentage of free power keeps changing 11% to 8% to 5% from the firm generation of 400 MW, hardly 25 MW and it remain uncertain if the people of Churachandpur and Tamenglong will get any power from this meager free allowance for their big sacrifice of their land and resources.

As affected peoples call for democratic decision making while rejecting the Tipaimukh dam project, the Govt and NEEPCO authorities are left to prove their adherence to principles and practice of democracy. NEEPCO, Govt of India and Manipur confronts now with daunting challenges concerning strategies to commence construction of the Tipaimukh Dam. Should it wait for the affected people to agree with the dam or concede to their demands, which may take any length of time, or to bulldoze all universally acknowledge human rights based developmental standards and to rely on the military for full proof security as military are in abundance in armed conflict regions like Manipur in the pretext of combating insurgents? The reliance in the Indian military to commence construction of Tipaimukh project will only prove that democratic principles and practices are jargons and irrelevant when it comes to development for people. Indian democracy itself will be a farce and at serious risk for its legitimacy.

Then opinions will prevail that Indian State has also proved its colonial character of expropriation, extraction of resources from indigenous peoples land for unscrupulous profits, while impoverishing and brutalizing the affected peoples. NHPC's Loktak Project has already provided a strong testimony of such character.

A unanimous message that the people will defend their land and resources, will decide their own ways of development in accordance with their wishes and aspirations and to reject all forms of development imposed coercively on them had prevailed in all the five public hearings on proposed Tipaimukh Dam held from 2004 till April 2008. Such resolve holds as the policies guiding such introduction of mega developmental initiatives are not framed by them, neither were they consulted nor their relationship over their land and resources are recognized and the project authorities, unfortunately, are still unprepared to respect their inherent rights and unwilling to address possible implications, of loss of their land, of their culture, of their way of life and the irreparable destructions to their forest, loss of biodiversity, flora - fauna, the impact of migrations of non - locals and social impact, impact of militarization. Rather, as testified by media, they will insist on militarization and military deployment and not on democratic process to push through Tipaimukh Dam construction.

The United Nations Declaration on the Rights of Indigenous Peoples, 2007 and the International Labor Organization, Convention 169 stipulates that indigenous and tribal peoples shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and emphasized that they shall participate in the formulation, implementation and evaluation of plans and programmes for development that may affect them directly and adherence to such international standards is crucial.

The introduction of Tipaimukh High Dam is still premature as the proposed project has not been introduced to the people for wider consultation and consent in accordance to their traditional way of decision making process and also in consideration of existing regional and international human rights and developmental standards, including the framework for decision making for Dams, charted out by the World Commission on Dams. The foundation stone laid by the Power Minister of India in 2006 is a disrespect and insensitivity to the democratic call of the people of Manipur and others to be affected by the Tipaimukh High Dam in Mizoram, Assam, Bangladesh and as such the irresponsible Minister must be prosecuted.

A holistic thorough assessment of the possible impact of the Tipaimukh Multipurpose Hydroelectric Project with the participation of the affected people both in Manipur, Assam and further down in Bangladesh should precede any decision on Tipaimukh Dam and that the project should not commence without the free prior and informed consent of all affected peoples in upstream and downstream portion of Barak River.

The assessment should include impact of the project on the social, cultural, health, environment, economy aspect. The project authorities and the Government must first revoke its Memorandum of Understanding on Tipaimukh project and to initiate a comprehensive process to allow a just decision making process. The decision making framework recommended by the World Commission on Dams, respecting rights of people, ensuring their participation, option assessment should guide the decision making process of Tipaimukh Dam.

There should be a moratorium on the further construction of dams in Manipur till the long pending issues associated with previous dams in Manipur, such as the Mapithel Dam, Loktak Multipurpose Hydroelectric Project are fully resolved in accordance with the wishes and aspirations of the affected peoples and the people of Manipur and people friendly human rights based developmental standards are in place.