The most important human right of the tribals (Jharkhand’s) was accepted by UN when the General Assembly adopted Resolution 33/40 on Dec. 13, 1978. We quote:
“Reaffirming that the natural resources of all Territories under colonial and racist domination are the heritage of the peoples of those Territories and that the exploitation and depletion of those resources by foreign economic interests, in particular southern Africa, in association with the illegal racist minority regimes constitutes a direct violation of the rights of the peoples and of the principles stated in the Charter and all relevant resolutions of the United Nations ….
Condemning the intensified activities of those foreign economic, financial and other interests which continue to exploit the natural and human resources of the colonial Territories and to accumulate and repatriate huge profits to the detriment of the interests of the inhabitants, particularly in southern Africa, thereby impending the realization by the peoples of the Territories of their legitimate aspirations for self-determination and independence ….
Deeply concerned at the fact that foreign economic, financial and other interests continue to deprive the indigenous populations of other colonial Territories, including those in the Caribbean and Pacific Ocean regions, of their rights over the wealth of their countries, and at the continued loss of ownership of land by the inhabitants of those Territories as a result of the failure of the administering Powers to take effective steps to safeguard such ownership.”
This resolution was adopted with India voting in its favour. This resolution was also adopted by the General Assembly in its resolution 35/28 of 1980 and has been repeated every second year since then. All countries, signatories to these resolutions, are bound to incorporate their contents in their respective Constitutions, as per International Law. Following the spirit of this resolution, the Tribals in India must be given exclusive rights over land and other resources falling within tribal areas.
