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Diplomarbeit Diplomarbeit Titel der Diplomarbeit “First you push them in, then you throw them out”: The Land Rights Struggle of the Adivasi Peoples in India with Special Reference to South India Indigenous Strategies and the (Inter)national Law Context Verfasserin Claudia Caterina Aufschnaiter Angestrebter akademischer Grad Magistra der Philosophie (Mag. phil.) Wien, im Dezember 2007 Studienkennzahl lt. Studienblatt: A307 Studienrichtung lt. Studienblatt: Kultur- und Sozialanthropologie Matrikelnummer: 0203706 Betreuerin: Univ.-Doz. Dr. Traude Pillai-Vetschera © Copyright by Claudia Caterina Aufschnaiter, 2007 To my father and the Adivasi peoples of India Acknowledgements In the academic field I would like to express my thanks to Univ. Doz. Dr. Traude Pillai- Vetschera for her supportive thesis supervision, her insightful suggestions and advice and her unrelenting practical support of my research. Furthermore, my thanks go to the Research Services and International Relations Office of the University of Vienna for the KWA (Brief Scientific Stays Abroad) Research Grant, which enabled me to conduct the main literature research for this thesis at the School of Oriental and African Studies (SOAS) in London. Equally, I would like to thank the University of Vienna for the Förderungsstipendium, which made the fieldwork for this thesis in February/March 2007 in South India possible. I am also indebted to all those readers, lecturers and professors at the University of Vienna and elsewhere, and all those organisations who have written references for me in the past for various applica- tions in connection with this thesis. In the personal realm I would like to thank my family, Alois Aufschnaiter, Valerie Aufschnaiter, Isabella Aufschnaiter, Nora Flett, Diana Karpinski, Richard Flett, Alfred Soder, Paula Buchberger, Leni Aufschnaiter, Anni Soder, and their families; my part- ner, Jürgen Wagner, and his family, Erna, Rupert and Tanja Wagner; and all my friends, in particular Norma Kirchler and Caroline Schebesta, for their continuous sup- port and their belief in me and my ambitious project – without them this thesis would not have become reality. Finally, I would like to dedicate this work to the Adivasi peoples of India, especially the many struggling Adivasi communities in South India, and all those people fighting for the respect of Adivasi land rights and ultimately human rights. My stays with Adivasi peoples and NGOs in Tamil Nadu, Karnataka, Kerala and Mumbai, and their courage, resistance, resilience, strength and hope I encountered there, even in the face of in- credible atrocities and adverse discrimination, have left a profound mark on me. A warm thank you to all of you for welcoming me in your villages and houses, for sharing your insights, successes, problems and worries with me, and in doing so, for putting so much trust in me: to the Paniyan, Adiyan, Kattunaickan, Mullu Kuruman, Urali Kuruman and Kurichian peoples of Wayanad District, Kerala; to the Betta Kuruba, Jenu Kuruba, Paniya, Solaga, Yerava and Malai Kudiya peoples of Nagarhole National Park, Karna- taka; to the Irular, Sholiga, Paniyar, Mullu Kurumba, Betta Kurumba, Pulaiyar and Pali- yar peoples of Thalavadi, Gudalur, Bodi and Palani Hills, Tamil Nadu; to the Pardhi iii peoples of Mumbai, Maharashtra and to all the Adivasi peoples I have omitted in this list. My thanks also go to the organisations Neethi Vedi, Kerala (Fr Stephen Mathew, Mr Vipin Mathew, Mr K. Kesavan, Mr V.T. Kumar, Ms K. Ammini, Mr C.V. Sasikumar, Sr Sheela); TUDI, Kerala (Dr. George Thenadikulam); CORD, Karnataka (Mr Roy David, Mrs Shammi David, Mr J.P. Raju, Ms K.K. Jaji, Mr N. Velliangiri, Mr N.K. Gopal- krishna, Mr P.C. Vasanth, Mr Sukumar, Ms Muthurani); AMS(ACCORD), Tamil Nadu (Mr Manoharan, Mr Stan Thekaekara); TAMS, Tamil Nadu (Mr Raman, Ms Nanjamal, Mrs Rajamma, Mrs Madevi, Mr Mahadevan), TRED, Tamil Nadu (Fr S. Tony), SIDT, Tamil Nadu (Mr M. Xavier, Sr Flora Joseph, Mr Raman, Mr R. Kalmuthu, Ms Shanti, Mrs Ayyammal) and MAGRES, Tamil Nadu (Mr Antony Raj and Mrs Rose Raj). Lastly, my thanks go to Mr C.R. Bijoy for his insights; to Sr Rosamma George for her re- sourceful help in Mumbai and for sharing her research ideas with me; to Mr S.M.A. Viennie for his exceptionally committed support of my research project and his brilliant translation work and to his family, Mrs Chitra Viennie, Miss Poontharannie and Miss Yuvana, for their generous hospitality. iv Table of Contents Acknowledgements........................................................................................................ iii Table of Contents............................................................................................................v List of Figures ...............................................................................................................viii List of Tables...................................................................................................................x List of Abbreviations....................................................................................................... xi Table of Treaties, Instruments and Cases ................................................................... xiv 1. Introduction: The Adivasis of India – “first you push them in, then you throw them out”...........................................................................................................................1 Thesis Overview...................................................................................................5 Terminology..........................................................................................................9 2. Methodological Considerations..............................................................................13 2.1. Constructing the Field(s) ...............................................................................13 2.2. Research Approach.......................................................................................14 2.3. Research Design...........................................................................................17 2.3.1. Case Studies .........................................................................................17 2.4. Methods for Gathering Data ..........................................................................19 2.4.1. Critical Literature Research ...................................................................19 2.4.2. Fieldwork Methods ................................................................................19 In-depth (Ethnographic) Interviews: Semi-Structured and Informal/Unstructured Interviews ...........................................................................................................20 Focus Group Interviews .....................................................................................21 Visual Ethnography ............................................................................................22 2.5. Analysing Data and Writing up Research......................................................23 2.6. Conclusion: Methodological Experiences......................................................25 PART I THE INTERNATIONAL CONTEXT ..................................................................27 3. Indigenous Peoples’ Land Rights in International Law and the International Human Rights Regime .......................................................................................................27 3.1. Indigenous Peoples Becoming Subjects of International Law.......................27 3.2. The Human Rights Approach: Protecting Indigenous Peoples’ Land Rights 30 3.3. Adivasis as Indigenous Peoples....................................................................32 3.4. Key International Human Rights Instruments Regarding Indigenous Peoples’ Land Rights and Their Applicability to India ..................................................36 v 3.4.1. Ratification Status of Principal International Human Rights Treaties in India .......................................................................................................36 3.4.2. International Covenant on Civil and Political Rights, 1966 ....................37 3.4.3. International Covenant on Economic, Social and Cultural Rights, 196639 3.4.4. International Convention on the Elimination of All Forms of Racial Discrimination, 1966 ..............................................................................40 3.4.5. Convention on the Elimination of All Forms of Discrimination against Women, 1979.........................................................................................42 3.4.6. Convention on the Rights of the Child, 1989 .........................................43 3.4.7. ILO Convention No. 107, 1957 ..............................................................44 3.4.8. ILO Convention No. 169, 1989 ..............................................................47 3.4.9. World Bank Operational Policies and Bank Procedures 4.10, 2005 .....49 3.4.10. UN Draft Declaration on the Rights of Indigenous Peoples, 1994, and UN Declaration on the Rights of Indigenous Peoples, 2007..................50 3.5. Conclusion.....................................................................................................54 PART II THE NATIONAL CONTEXT ............................................................................55 4. Adivasis and Minority Protection within the National Framework ..........................55 4.1. Protective Legislation: Positive Discrimination of “Scheduled Tribes” in Theory
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