Asian Development Bank Financed Road Project ( Imphal, India ) - Violation of ADB Safeguard Policy (2009)- A Satellite Based Social Audit Evaluation.
* BIRENDRA K JHA
( Birendra K Jha, is a Pan India Practitioner on the "Social Impact Assessment Audit"; "ESG Audit" & "Sustainable Practices". He is a Qualified & Certified Social Auditor from the Institute of Social Auditor of India (ISAI -ICAI). He is also certified professional on the: ESG; Environment Accounting; Environment Law; Carbon Emission Accounting; Carbon Tax ; Sustainable Practices; and Social Risk covering Human Resource & Labor Law. He is based at Delhi-NCR. He may be approached at: birendrajha03@yahoo.com )
The ADB ( Asian Development Bank ) 1995 Forestry Policy is a vision document. The Para B (4) of this policy states that the ADB Bank prior to financing any forestry project, carry out Social Impact Assessment and necessary social design studies in accordance with the standard Bank procedures. Further, Para 2 ( B) of the ADB Forestry policy states that the Bank will not finance any rural infrastructure or other public investment project that contributes significantly, directly or indirectly, to deforestation or to the degradation and depletion of forests. This Policy also states that, the Bank will not support construction of roads in old-growth forests.
An evaluation, conducted with the high resolution satellite images, exhibits the ADB Policy compliance is completely missing at the Imphal Road Project. The road has been constructed in old-growth forests by the ADB financed project. The element of "care" is missing here. Large numbers of green standing trees have been removed here. This is "deforestation", "degradation" and "depletion" of forests, completely banned under the ADB Policy.
Not to mention, environment loss, damages the social benefit of peaceful human mankind living. This has been demonstrated in number of researches. The present social audit report is a partial examination of the ADB financed site in India at Imphal ( Manipur ), through satellite. Most of the Social Auditors are not trained how to use satellite correctly in understanding the Environment and Social problems related with any project. This satellite report evaluation is given in "Before" and "After" evaluation method. The evaluation is the picture itself, which is speaking one.
PL Howard in 2010 demonstrated healthy ecological relationship with social growth as development in human well being. This was attested by M. Padmanabhan and R Thaman in 2011 and 2014. KS Zimmerer along with Haan, AD Jones, Creed- Kanashiro and others again demonstrated in 2019 that good environmental and social dimensions of sustainability, have deep relation with the global food security. PL Howard, in 2010 again demonstrated along with S. Pilgrim and J.N. Pretty that, the social loss on account of erosion or disappearance of human language, has direct relation with the environment loss. The above cited important researches indicted very clearly that environment loss, directly impacts the social development process also.
These great researches are true as environment loss, do increases temperature, which is sufficient cause of threat for the human survival. Hon'ble Supreme Court of India is well aware of this problem on deforestation of forest which is essential for the human survival. In T.N. Godavarman Thirumulkpad Vs Union Of India & Ors in 1996, the Hon'ble Supreme Court has given important order to protect the forest land from deforestation through illegal activities. This is the great significant order so far on the protection and conservation of the forests throughout the country. The Hon'ble Court formed the opinion that the matters required a further in-depth hearing to examine all the aspects relating to the National Forest Policy. However, it considered that certain interim directions were necessary in respect of some aspects, to oversee the enforcement of forest laws across the nation.
The directions of the Hon'ble Supreme Court of India in this important case is for the sustainable use of forests and created its own monitoring and implementation system through regional and state level communities for preserving the nation's forest. The Section 2 of the Forest Conservation Act specifies that no state government or other authority may allow the use of any forest land for any non-forestry purpose without the prior approval from the Central Government.
Under the new interpretation of forest land under Section 2 of the Forest Conservation Act, states could no longer de-reserve protected forests for non-forestry purposes without permission. Any cutting of trees in forest is not permitted except in accordance with the working plan approved by the Central Government. The Hon'ble Court further placed complete ban on the movement of cut trees and timber from the north eastern states of the country either by rail, road or water ways.
A Social Audit has been conducted through modern scientific tool satellite at the ADB financed road project site at Imphal. The ADB Safeguard Policy Statement in 2009 has mandated clearly the protection of environment, which puts strong enclosures on the social protection. Clause 14 of the ADB Safeguard policy, further seeks to avoid, minimize, or mitigate adverse environmental and social impacts, including protecting the rights of those likely to be affected or marginalized by the development process. If this ADB policy on safeguard is read with the Hon'ble Supreme Court of India order, then the ADB financed Imphal Road project has no permission to cut any tree from the forest land without the explicit Central Government permission. And if permission is given, then the trees should must not be cut in careless ways damaging the whole sustainable approach.
The satellite picture enclosed here demonstrate, large scale violation of the Supreme Court Order on the Environment protection. Further, when there is complete blanket ban on the movement of any cut tree by road, rail and water, as per Hon'ble Supreme Court Order, then how cut trees moved out of this site ?
The satellite pictures endorsed here clearly demonstrate that there has been extreme carelessness in cutting trees as seen in Image Number: 3,4,5,6,7,8 and 9. The carelessness allowed cutting of trees blindly, which could have been saved otherwise. This carelessness has no mandate or approval, either in ADB Safeguard policy or in the Law of the Land.
This demonstrates clearly that there has been violation of the Hon'ble Supreme Court of India Order on protecting the forest. This is not only environmental loss but great social loss also. This is just visible tip of the whole iceberg hidden under the sea. The Asian Development Bank, has reason to introspect and come honestly in conducting Third Party Independent Social Audit, where Impact Assessment on Environment and Social side damage can be measured in whole. This shall help the Asian Development Bank to plan its projects in India and outside India in excellent way. The ADB has also the onus to comply with the Hon'ble Supreme Court of India Order. The ADB should ensure that the Hon'ble Supreme Court Order has been complied with honestly.
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