[Reader-list] Janadesh & corporate land grab

[Anivar Aravind]

An Interesting forward

-------- Original Message --------
Subject: 	corporate land grab
Date: 	Wed, 31 Oct 2007 17:25:22 +0530
From: 	willy <willyindia at gmail.com>
Reply-To: 	willy <insaf at vsnl.com>
Organization: 	INSAF


Talking about love in time of cholera
====================================

The proposed draft of Land Policy while expresses a lot of good
intentions of Nehruvian era where the policy focus was on “self
cultivation” utterly fails in taking into account the developments that
have already taken place during last one and half decade.

The most important point that these good intentions miss is the National
Agriculture Policy 2000, which commits itself to promote (a) lease
markets in land, (b) contract farming, and (c) corporate farming. This
all is approved with the intentions of improving the productivity of
land and making transfer of land easier for the ‘efficient users’ (who
else is more efficient than private Corporations?).

For accomplishment of these goals the essential preconditions are worked
out by World Bank in association with DFID and they are (i)
computerization of land record (between the lines accessible by
internet), (ii) regularization/legalization of all kinds of tenancy, and
(iii) flexibility in protective (existing) measures in land transfers,
(iv) drop restrictions on sale of land to non-agriculturalists and
subdivision which have little economic justification, (v) allow
transferability of land by land reform beneficiaries at least through
lease and explore options for making the gains from such reform
permanent, (vi) review legislation on compulsory land acquisition and,
subject to the prevention of undesirable externalities, allow farmers or
their representatives to negotiate with and if desired transfer land
directly to investors rather than having to go through government and
often receive only very limited compensation.

This well intentioned effort of advocacy also seems to be oblivious to
the fact that after pronouncement of the National Agriculture Policy
2000, several states had gone ahead (as it is part of the State List in
Constitution of India) with providing relaxations in ‘land use
transfers’ and ‘ceiling’ related regulations.

This proposed policy draft is also unmindful of the fact that several
state governments including the government of Madhya Pradesh has already
given affidavit in Supreme Court stating that no land is available that
can be provided for rehabilitation based on land for land. The latest
Rehabilitation and Resettlement policy approved by the cabinet also
mentions about ‘Land for Land’ but suffices it with ‘if possible’ (and
every one knows in present era will be never possible).

The draft is also ignorant about the fact that ‘common land’ had already
disappeared to a substantial extend and whatever little is leftover is
targeted by the corporate sector in the name of plantations for
“Agro-fuels” namely Jatropha in concerted manner.

Selling rosy dreams listed in the draft policy stink of what is called
‘ostrich approach’ which calls for dipping your neck in sand at the time
of storm and feel safe. The wish list expressed in the draft reminds the
title of the famous novel by Gabriel Garcia Marquez called ‘love in
times of cholera’. At time when Government is looking for means to
wriggle out of the business of ‘land acquisition’ and leave the matters
to ‘market forces’ by making ‘land a freely tradable’ commodity the
effort best can be termed as dangerously novice.

It is this context, while the intentions of draft policy sound
plausible, the implications of the draft provide the government the
basis to fiddle with existing laws and procedure to make it smooth for
the corporate takeover of the land and fulfillment of its promise to its
Creditor and Donor like World Bank and DFID.

Statement of Concern -draft (30/10/2007)
========================================

We highly appreciate the efforts by the participants of the JANADESH
2007 yatra for their contribution in bringing the perennial issue of
Land and its equitable distribution back on National agenda.

Some of the demands raised by this mammoth effort have their roots in
the struggle for India’s independence which raised the aspirations of
the peasantry by the promise of ‘land to tiller’ once the country has
done away with the shackles of colonial rule.

The Land laws and the agrarian policies in the initial phase of
Interdependent India were also guided by the urge to promote “self
cultivation” but with the pressure of achieving ‘self sufficiency’ in
food and the advice from international agencies like Ford Foundation the
government of India had embarked upon ‘green revolution’ and began to
slag behind on its commitment to the promise of ‘Land to the tiller’.

The Agriculture Commission set by the Government of India in its
report’s volume XV on land reforms in 1972 (20 years after Ford
Foundation funded pilot programme in 1952) brought out the fact that in
major part of the country which were governed by the Zamidari and
Mahalbari systems till the colonial rule the implementation of land
reforms was utter failure. To insulate the Government from the fallout
such report the process of initiating Land Ceiling Laws was initiated
the same year and all most all the states have come up with the required
law with slight variance.

During the ‘Emergency Era’ the famous 20-point programme also
incorporated agenda of distribution of land to the land less and
deprived communities. There was a rush of competition among the Chief
Ministers and other functionaries in getting photographed distributing
land titles. All of us connected to grassroots in one way the other know
very well that half of the land that was claimed to be distributed never
been able to be ‘possessed’ by the legal claimant. On other this
‘claimed to be distributed land’ was not the acquired ceiling surplus land.

A lot of militant ‘land grab’ movements by the peasant organisations
from verity of ideological shades in various parts of the country were
witnessed during 70s and 80s. But with the beginning of World Bank
backed programme of Integrated Rural Development Programme (IRDP) in
1989 and the fast transforming functioning of parliamentary system in
India (particularly with the demise of opposition as institution) had
taken the steam out of the struggles and slowly but surely the question
of land and its equitable distribution was tendered redundant.

In 1991, when Mr. Manmohan Singh as Finance Minister in Mr. Narsimha
Rao’s Government laid down the agenda of liberalisation, privatisation
and globalisation the foundations were laid to change the fundamentals
of the previous ‘policy framework’ in all sectors of economy including
Land and Agriculture. Gradually the focus of agrarian policy began to
drift from ‘self cultivation’ to smooth transfer the land from the
‘inefficient users’ that is small and marginal farmers to ‘efficient
users’ that is private corporations.

The context of land question and its ‘equitable distribution’ has
transformed completely as the impact of joining WTO and giving a twist
to Indian agriculture towards ‘export orientation’ saying good bye to
the legacy of ‘food self sufficiency’ as hallmark of official policy
framework.

The National Agriculture Policy 2000 loudly and clearly pronounced to
promote (a) lease markets in land, (b) contract farming, and (c)
corporate farming. This all is approved with the intentions of improving
the productivity of land and making transfer of land easier for the
‘efficient users’ (who else is more efficient than private
Corporations?). It has also stated to promote biotechnology and genetic
engineering as the basis to improve productivity of Indian agriculture.

For the accomplishment of these goals the essential preconditions are
worked out by World Bank in association with DFID and they are (i)
computerization of land record (between the lines accessible by
internet), (ii) regularization/legalization of all kinds of tenancy, and
(iii) flexibility in protective (existing) measures in land transfers,
(iv) drop restrictions on sale of land to non-agriculturalists and
subdivision which have little economic justification, (v) allow
transferability of land by land reform beneficiaries at least through
lease and explore options for making the gains from such reform
permanent, (vi) review legislation on compulsory land acquisition and,
subject to the prevention of undesirable externalities, allow farmers or
their representatives to negotiate with and if desired transfer land
directly to investors rather than having to go through government and
often receive only very limited compensation.

After pronouncement of the National Agriculture Policy 2000, several
states had gone ahead (as it is part of the State List in Constitution
of India) with providing relaxations in ‘land use transfers’ and
‘ceiling’ related regulations. The Government further reinforced its
commitment to transfer of land to the private corporations by enacting
Special Economic Zones Act, 2005 which provides lot of concessions to
the developers at the cost public exchequer and violates the
fundamentals of even neo-liberal dictums of ‘equal playing field’ and
‘fair competition. The Government’s efforts of promoting plantation of
Jatropha to meet targets of its own policy of mixing Ethanol with diesel
on common and government lands for feeding “Agro-fuel” refinery set up
by private corporation also create doubts on the credentials of both the
government in general and its present leadership in general.

It is this context that we take the response of the government to the
plausible effort of JANADESH 2007 by announcing setting up of a
Commission under the Chairmanship of the Prime Minister Manmohan Singh
with pinch of salt.

We have serious doubt that the commission of this sort will be capable
of standing against the commitment and enthusiasm of the government in
implementing the obligations of WTO that are adversely affecting the
small and marginal farmers; SEZ Act 2005 and non implementation of
Forest Right Act, 2006 which are essential to pave way for any effective
pro-poor land reforms.

We also do not see much scope of justice to be done for the poor and the
marginalized by a commission comprising of ‘stakeholders’ which includes
colonizers, builders and developers, funded NGOs along with the token
representation of the farmers.

Hence we do not see these promises made by the Government as victory but
see it at most as the beginning of a crucial and decisive phase of long
history and traditions of Land Struggles.

To be endoresed by several activists & intellectuals. If you want to
endorse this pl mail to: Anil Chaudhary at anilpeace at gmail.com or
insaf at vsnl.com

Links to IFI documents:

1. DFID study done by CCDS & Ekta Parishad in PACS programme - "Towards
a people's land policy":
http://www.empowerpoor.org/downloads/people's%20land%20policy.pdf

2. World Bank report- "India - Land policies for growth & poverty
reduction (July 9, 2007)":
http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2007/08/31/000310607_20070831102106/Rendered/PDF/382980INoptmzd.pdf

3. FAO working paper "Land and livelihoods - Making land rights real for
India’s rural poor (May 2004)" - Livelihood Support Programme (LSP)
funded by DFID: ftp://ftp.fao.org/docrep/fao/007/J2602E/J2602E00.pdf