| 01. |
We are children of Mother Earth. Today, we, the participants of the 3rd South Asian Forum for Rivers and Peoples, gathered at Nirjuli in Arunachal Pradesh, India on the traditional homelands of the Nyishi Peoples reaffirm our relationship to Mother Earth and our responsibility to coming generations to sustain Nature for peace, equity and justice. |
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| 02. |
We live in some of the most fragile and vulnerable ecosystems of the world, from the Himalayas to the coastal wetlands of the Indian sub-continent, and our Mother Earth is sacred and should be
honored, protected and loved. This special relationship enables us to conserve our natural heritage and biological diversity for the life of present and future generations. |
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| 03. |
Our lands, rivers and wetlands, and the natural and spiritual resources they contain and
symbolize, are the basis of our existence. It is on these that we establish and celebrate our deep relationship with Mother Earth and affirm our stewardship role to our natural heritage. |
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| 04. |
We believe in the natural right of rivers to flow freely and in the need to respect and guarantee the ancient rights of peoples and rivers; rivers and peoples were born free millions of years ago and their sustainability must be ensured for millions of years to come. |
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| 05. |
We have gathered here at
Nirjuli, to express our deepest concerns and strongest solidarity with the peoples of Arunachal Pradesh because of the unacceptably large numbers hydroelectric dam projects that have been identified to be installed in this tiny ecologically fragile eastern Himalayan State and the rest of the North East region of India. Such a development option, imposed by the government of India upon the indigenous peoples of Arunachal Pradesh and their traditional lands will definitely spell total annihilation of
their peaceful livelihoods, and irreversible destruction of all cultural and social fabrics, histories and traditions. |
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| 06. |
The development paradigm and option that have been pursued in the South Asian region are the major sources of the misery, such as the intensification of flood fury in our rivers, devastating erosion, shrinking of natural wetlands and the creation of artificial wetlands, affecting social, economic and cultural life in the region as we have known it for centuries. Such a paradigm must be seriously reviewed by the peoples, governments and institutions of the region. |
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| On Peoples’ Solidarity, Co-operation and Advocacy |
| 07. |
The South Asian Solidarity for Rivers and Peoples
(SARP), is a peoples’ alliance and we stand for a uncompromising vision on natural water resources, particularly our rivers and wetlands that emerge from rich socio-cultural traditions and a history of managing
natural frontiers and limits within the diverse of ecological confines of the region. |
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| 08. |
The South Asian Solidarity for Rivers and Peoples will stand together as a democratic, well-informed regional peoples’ alliance to work always in the best interest of the peoples of South Asia struggling for their rights over their natural heritage, especially
rivers, wetlands and water. In this endeavor, we shall ensure a representative voice of the women’s struggles and
organizations of our region. |
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| 09. |
SARP commits itself to act as a well-informed network that will continue to provide an analytical framework and strategic action plan to counter internal contradiction and
external challenges arising from the injudicious, inequitable and unsustainable
exploitation of our rivers, wetlands and water resources in South Asia. |
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| 10. |
SARP will be guided by the charter provided through the principles and objectives of
the Sagarmatha Declaration, the Kathmandu Statement, the Nirjuli Consensus and all subsequent declarations from future SARP Forums. |
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| 11. |
We reaffirm the Sagarmatha Declaration and Programme of Action adopted in the first South Asia Regional Forum in December 2002 in Kathmandu, and the Kathmandu Statement on the Interlinking of Rivers Project and recommendations of the second Forum in 2003. |
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| 12. |
We also draw inspirations and strategies from all other local, national and
regional-level initiatives and meetings on water, rivers and wetlands in the region
organized by peoples' movements and networks and outcomes in the past. |
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| 13. |
We are committed to pro-actively seek alliances and cooperation, and extend
substantive and meaningful solidarity, with all national and international campaigns
and movements across the regions of the world, such as the Americas, Europe, Africa
and Eastern and South East Asia, wherever rivers, wetlands and peoples are
threatened by private, corporate and financial institutional
interests. |
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| 14. |
SARP will use every forum, avenue and opportunity nationally, regionally and
internationally to advocate for our struggles and objectives. |
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| On Water |
| 15. |
Water is a basic human right and not a commodity for profit or commercial ventures. It is a common natural heritage, a common property right, particularly of the
indigenous peoples and communities. Any violation of this fundamental right and truth is a serious crime
against humanity as well as nature. |
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| 16. |
Privatization of water and rivers is totally unacceptable because it can only benefit the corporate and other exploitative vested interests, including multinational corporations, corrupt politicians and bureaucrats at the cost of the rights and interests of the public and local communities. |
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| On Himalayan Policy |
| 17. |
There is an urgent need to adopt policies and laws to address the needs and aspirations of the Himalayan region and the people. A clear Himalayan perspective is required in light of rapid
industrialization, unregulated tourism and global warming. Management of natural resources must assume paramount importance and development model in accordance with environmental conservation and economic livelihoods. |
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| On Rivers and River-Linking Projects |
| 18. |
In order to save rivers, peoples and governments of South Asia must refrain from
activities that threaten the very existence of these life sources and irreparably damage their biodiversity; including encroachments, pollution of rivers and watercourses. |
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| 19. |
Despite the last few decades of peoples' struggles against destructive large dams, there is currently a renewed thrust to build more by the international corporate lobbies and interests in collaboration with our governments and ruling establishments. The International Monetary Fund, World Bank and Asian Development Bank led international financial institutions have now confidence that the global and regional security and governance environment is conducive for their profiteering and destructive investment strategies and plans. This renewed aggressive interest requires our effective counter-thrust by the peoples' movements. |
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| 20. |
The gigantic Indian river-linking project is a catastrophic proposal which will certainly have massive and irreversible negative consequences on human, social, cultural and ecological habitats. There has not even been a meaningful and informed debate on the pros and cons of the river-linking or other river diversion projects in the region. However, peoples’ movements and unbiased experts across the region have spoken our clearly against the project. |
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| 21. |
We demand for the immediate and total cancellation of India's unilateral inter-linking of rivers project and of the 13th December, 2002 Resolution of Government of India for Interlinking of Rivers. This is demanded in the light of the revelation in the Indian Parliament that the report of the National Commission for Water Resource
Development deems peninsular component unnecessary and Himalayan component as not feasible because of adverse
environment impact. |
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| 22. |
In the context of this demand, we resolve to submit a memorandum to the Standing Committee on Water Resources of the Parliament of India, currently under the Chairmanship of Shri R. Sambasiva
Rao, MP, which is presently examining in detail and preparing a priority report to Parliament on the project “Interlinking of Rivers”. |
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| 23. |
We demand complete transparency while in principle, based on our experience, we oppose the large dams and mega-river-linking projects. Our resurgent movements springing from our past and present living experiences with large dams clearly conclude that large dams can rarely be “good” dams. We assert that large dam projects can only be built in the absence of better, ecologically sustainable and non-destructive viable alternatives in full compliance with the criteria and guidelines of the World Commission on Dams and other national and international legal, human rights and environmental framework, and obligations. |
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| On Wetlands and Floods |
| 24. |
Wetlands are one the most precious source for the survival of human habitats and wildlife of the world, many of them fed and sustained by annual flooding of our rivers. They must be allowed to survive undisturbed. Systematic encroachment, full or partial fragmentation, lack of adequate protection through conservation-related policies, laws or institutions can play havoc with this ancient natural heritage. Collective participation of indigenous and local peoples in the nourishment and long-term protection of wetlands can be the only logical and rational option in this time of crisis. |
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| 25. |
We are particularly concerned with the continuous destruction of the wetlands,
recognized and unrecognized as the Ramsar sites, and we demand for the full implementation of wise-use and conservation plans evolved with the full and
meaningful consultation and consent of the indigenous concerned peoples and local communities. |
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| 26. |
We shall support wide and strong peoples’ campaigns in the struggle for the conservation of our precious wetlands. |
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| 27. |
An independent and fair study on the phenomenon of flood covering all
aspects connected with and involving peoples working on it and are affecting by it should be done urgently. We are deeply concerned that the findings of the various high-level Task Forces set up by the government of India and concerned States to study flooding of our rivers
and recommend measures to mitigate their impacts are not worthy of their status,
irrational and non-consultative nor are the recommendations acceptable to the peoples. |
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| 28. |
We demand an early warning system on flood that is accessible to all peoples. We shall do our utmost to have such systems installed at the peoples’ level. |
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| 29. |
The rights of ownership of lands and other immovable properties, and fishing rights of flood-affected peoples and communities should be
recognized and respected. Government should stop alienating such flood plains and areas from the affected peoples and communities by such action as auctioning areas to private interests and profiteers Existing legal provisions concerning loss of lands and other immovable properties due to erosion and course changes of rivers should be urgently
reviewed |
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| On Free, Prior and Informed
Consent |
| 30. |
The principle of free, prior and informed consent of the indigenous peoples with regard to all development projects, including extractive industries that affect them and their lands is now a well
recognized one in international law. This principle must equally apply to local (non-indigenous) communities whose livelihood base is threatened by development projects planned in their localities. FPIC should always form the prior basis of any steps planned or taken for projects that are located or will impact on indigenous and local communities’ lands and natural resource base. |
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| 31. |
Projects involving commercial exploitation of natural resources (minerals, hydrocarbon resources, forests, water, and hunting/fishing grounds in indigenous peoples’ territories and local communities’ vicinities (areas where there is specific or broad ‘collective attachment’), FPIC in practice must make it mandatory that the affected peoples and communities be accorded the space to freely make a decision according to their traditional or customary practices after being fully informed of (a) their rights to such resources under statutory and customary law; (b) the scope and nature of such proposed commercial development and the parties involved or interested in such development; and (c) the potential effects of such development on their livelihoods, environments, and use of such resources. |
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| 32. |
Social and Environment Impact Assessments (known generally as
EIAs) which constitute a legal or statutory framework of project environment clearance have
systematically undermined and subverted the basic principles of
FPIC. |
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| 33. |
EIA related legal provisions or statutes in the region have been
systematically undermined or ignored in letter and spirit over the years. The present practice of and current IFIs and corporation-led attempt to “re-engineer” EIAs by state agencies is a direct assault in this direction. |
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| 34. |
We challenge the present assault on our democratic right to participation and decision making; and demand an immediate full and independent review of the Social and Environment Impact Assessment statutes at the national level in order to affirm the
principle of FPIC and strengthen the protection of constitutionally and internationally safe-guarded democratic
rights. |
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| On India’s North East Region |
| 35. |
We recognize the increasing focus of large-scale hydraulic and other infrastructure development projects with huge potential impacts in the North Eastern region of India, particularly in the context of regional economic and geo-political spheres of interest in South and South East Asia, enhanced attention for investment by international financial institutions
(IFIs) and private financial cartels and other arrangements, and India’s new so-called “Look East” policy perspective. |
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| 36. |
We shall work together to ensure that the indigenous peoples and local communities of India’s North East region are protected from exploitation, human rights violations and subjugation of their dignity, pride, culture and honour to exist in their ancestral habitat and further to safeguard the rich heritage, bio-diversity and natural resources from devastation in the name of economic development. |
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| 37. |
We shall support and strengthen peoples’ campaigns, groups and networks in the
struggles of the North East region of India in the above
context. |
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| 38. |
The international financial institutions
(IFIs), donors and corporations today face a crisis of credibility. They have failed to ensure and convince the communities that large dams bring direct benefits to them. They are not transparent and impose severe conditions on the recipient countries making large dams even more expensive and disastrous economically, socially and environmentally. Their information disclosure and other policies are neither adequate nor ineffective. |
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| 39. |
IFIs and such other financing institutions and donors should not finance dam projects without meeting the framework provided by the World Commission on Dams and no projects of any kind should be financed without resolving disputes, particularly in trans-boundary rivers. IFIs should stop the practice of using profit-driven private contractors and other middlemen to implement their
projects. |
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| 40. |
Today, the phenomenon of dam-building is further strengthened by the open support provided by the private banks and public trust funds. National financial institutions and arrangements are a growing phenomenon in the financing of river valley projects, without
any policy or accountability mechanism. |
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| On Riparian Issues |
| 41. |
We oppose the construction of any infrastructure or river diversion projects in international rivers unless there is equal, free and informed consent and consensus among all the co-riparian nations. It has to be based on the principles of equality, fraternity and with respect for mutual interests in word and deed. Direct consultations and seeking
consent of the communities living in these international river basins is an a priori condition. This process of consultation and consensus should equally apply to China as South Asia's upper riparian country. |
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| 42. |
A comprehensive and independent review of impacts of existing water projects should be undertaken, including social and ecological costs and we demand immediate decommissioning of all destructive dams.
On Existing Treaties, Agreements and Conflict Resolutions |
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| 43. |
All the existing treaties and agreements should be reviewed in line with the emerging principles of international law and human rights of the concerned communities and nations. Most of these treaties have led to protracted conflicts and social unrests across boundaries. We demand an Independent South Asia Commission on Water-related Conflicts and
Resolutions to minimise and prevent conflicts, both past, present and future, for the benefits of all concerned in the days and years to come. |
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| 44. |
Towards achieving this goal, we have agreed to set up a South Asia Peoples' Commission on Water-related Conflicts and Resolutions which will start the process through research, analysis, documentation, public hearings and tribunals within the next six months. |
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| On Regional Legal Framework |
| 43. |
To avoid any future conflicts over international watercourses and benefits, we demand an immediate adoption of a South Asia Regional Framework Treaty on Trans-boundary Rivers and Their Management for regional peace and prosperity of all South Asians. |