Ensuring Rights of Ethnic Minorities in India and Policy Implications for Vietnam
Ensuring Rights of Ethnic Minorities
in India and Policy Implications for Vietnam
Pham Thanh Hang1
1 Ho Chi Minh National Academy of Politics.
Email: [email protected]
Received on 9 September 2019.
Revised on 4 October 2019.
Accepted on 13 October 2019.
Abstract: India is a country with diverse ethnic groups. To ensure special rights and benefits for
ethnic minority groups, the Indian Government has regulations on preferential treatment in terms
of policies, capital provision, education and employment opportunities included in its
Constitution. In addition to providing legal protection to minorities in the Constitution, the
Government also implements national projects to promote socio-economic development in ethnic
minority areas, establishing various agencies to manage issues of the groups. These are useful
recommendations for Vietnam in ensuring the rights of ethnic minorities.
Keywords: India, ethnic minorities, rights, Vietnam.
Subject classification: Ethnology
1. Introduction
However, from the very early stage, Article
342 of the Constitution of India uses the
phrase "Scheduled Tribes" to refer to tribes,
tribal groups or small, sporadic groups [19].
Shortly, the "Scheduled Tribes" here are
ethnic minorities with small quantities
(about 25% of the Indian population),
which are distinctive and unique in
comparison to the majorities. The Indian
Government relies on characteristics of
language, residence, culture and population
to recognise small and sporadic ethnic
groups in society as well as the system of
policies and laws to protect and reserve
special attention for these social groups.
This article analyses the guarantee of the
India is a large country with a time-testing
civilisation and the second biggest population
in the world (only after China). Indian people
is a mix of different races, languages and
cultures. According to the 2011 census,
Indian people consists of two main groups,
Indo-Aryan (72%) and Dravidian (25%); the
remaining 3% of the population are
Mongolians and other ethnic minorities [12].
The Indian Government neither clearly
classifies ethnic groups in the country, nor
recognises the existence of ethnic majorities;
and not clarified is the concept of ethnic
minorities in the Constitution of India, either.
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Vietnam Social Sciences, No. 1 (195) - 2020
rights of ethnic minorities in India and addition to being able to serve in the
policy implications for Vietnam.
Government, tribal people may also enjoy
certain seats in the Parliament’s House of
the People and the Council of States [8].
2. Ensuring the rights of ethnic minorities
in India
It can be seen that the Constitution and
laws of India always bestow ethnic
minorities the right to engage in national
political affairs, ensure the equality of
ethnic minorities and reflect exactly the
principle of national equality. The
facilitation with regard to mechanisms
and policies of the Indian Government in
order for ethnic minorities to enjoy their
political rights and interests not only
creates equal space and a forum for the
development of ethnic minorities, but also
contribute to the effective settlement of
ethnic conflicts in society and protection
of the country’s stability.
The basic contents of the Indian Government
for ensuring the rights of ethnic minority
groups include:
Firstly, to ensure the political rights of
ethnic minority areas. The Indian
Government has approved laws to regulate
and protect the rights of minorities. The
Constitution of India specifies that tribal
people (that is people of ethnic minorities)
have equal rights in politics, religion,
employment, culture and education. To
ensure the rights and interests of ethnic
minorities, the Constitution also sets out
corresponding limits for bringing non-tribal
people into settlement areas of tribe and
buying assets.
Secondly, to promote the economic
development in ethnic minority areas. For
the economic development in ethnic
minority areas, the Indian Government has
granted many privileges to ethnic minorities
in the fields of training, employment,
resource distribution and rural development
promotion. Moreover, these privileges are
ensured by the national legislation.
Economic policies in ethnic minority areas
have thus yielded many achievements.
Article 14 in the Constitution of India
states: “All are equal before the law – the
State shall not deny to any person equality
before law and equal protection of the
laws within the territory of India” [19].
Article 335 of the Constitution specifies:
"Scheduled Tribes" (ethnic minorities) are
entitled to ask for a certain number of
positions in government agencies [19]. The
rate of positions for tribes of ethnic
minorities is based on the ratio of tribal
people to the total population of that tribe.
Moreover, the central government can
directly recruit certain tribal people to hold
certain positions in the central administration
and reserve 7.5% of the quota for tribal
people in the promotion examination. In
Article 16 of the Constitution of India
clearly ensures the right to employment for
ethnic minorities: “No citizen shall, on
grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of
them, be ineligible for, or discriminated
against in respect of, any employment or
office under the State” [19].
However, in some ethnic minority areas
of India such as the northeast, due to a large
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Pham Thanh Hang
number of immigrants, the population of
this area has increased rapidly, even
exceeding the number of indigenous ethnic
minorities. This worsens the burden of job
creation and the allocation of development
resources for Government agencies; as
while causing the outbreak of large-scale
campaigns of boycotting immigrants in
ethnic minority areas of India.
The Indian Government has launched a
"Plan to fight poverty" with the primary
goal of promoting employment opportunities
and increasing the income for ethnic
minorities, thereby helping them to escape
from the poverty. Through a step-by-step
subsidy measure with the principle of
benefiting the poor first, the Indian
Government has allocated 50% of the
subsidies to support ethnic minority areas in
job generation.
Therefore, to address the difficulties in
employment for ethnic minorities, the
Indian Government has applied many
specific measures such as the establishment
of an agency specialised in training,
fostering and testing senior positions for
ethnic minorities. Third- and fourth-class
civil servants of the Government are usually
recruited directly by states, which can also
actively determine the number of civil
servants based on the ratio of ethnic
minorities to their population. Since 1992,
through the implementation of these
measures, the Indian Government has
promoted an increase in the proportion of
people from ethnic minorities participating
in the state civil servant system, thereby
contributing to the improved employment
situation of ethnic minorities [6].
In addition, the Indian Government has
launched two programmes to support ethnic
minorities: “National Rural Employment
Programme” (NREP) and “Training of Rural
Youth for Self-Employment” (TRYSEM).
NREP utilises the development of sustainable
rural infrastructure to boost the Government’s
investment in rural areas and provide
additional employment opportunities to
farmers. As a result, the minimum food
needs for the poor are ensured and the
physiognomy of poor rural areas where
ethnic minorities are residing has achieved
considerable changes. The main beneficiaries
of this programme are women and people
of the scheduled tribes enshrined in the
Constitution of India [2]. TRYSEM mainly
provides small financial support to families
living below the poverty line through
commercial credits and government loans
to help ethnic minorities formulate assets
that can generate incomes. The Indian
Government hopes that through this
approach, poor ethnic minorities can rely on
their abilities to form a large number of
small businesses (mainly small handicrafts)
in rural areas to provide employment
opportunities for the poor, helping them
escape from the poverty. The key method to
In order to enforce rights to employment
for ethnic minorities in accordance with the
law, the Indian Government has also run a
series of programmes to support tribes in
promoting employment opportunities for
ethnic minorities. The implementation of
these programmes provides ethnic minorities,
especially those at the low level, with not
only
employment
opportunities
and
development conditions, but also a large
number of vocational training facilities.
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Vietnam Social Sciences, No. 1 (195) - 2020
implement this programme is to mobilise
In order to solve the problem of
the poor to organise and form self-help redistribution of benefits from exploiting
groups. The programme mainly targets resources in ethnic minority areas as well as
women, ethnic minorities and people with harmonise and alleviate ethnic conflicts caused
disabilities (50% for ethnic minorities, 40% by the process of resource exploitation, the
for women and the remaining 3% for Indian Government has developed special
people with disabilities). In short, ethnic protection principles for resource exploitation
minorities are the ones who benefit the in ethnic minority areas. For example, ethnic
most from the programme [4].
minorities are entitled to autonomy in
exploiting resources in their areas based on
the actual conditions of these areas; no one
shall impose or enforce any requirements on
ethnic minorities in the name of
development; development projects should
meet the needs of ethnic minorities, respect
their land and forest use rights, prevent the
deprivation of ethnic minorities’ right to
control resources in the development process
and actively attract foreign direct
investments for ethnic minority areas to
avoid exhausting the exploitation of
resources in the development process… [1].
The Indian Government has also issued a
policy of rational exploitation of resources
in ethnic minority areas. In order to
improve the production capacity of ethnic
minorities, the Indian Government has
established a Specialised financial fund in
"five-year plans" to promote the exploitation
of resources in their residential areas. The
Government used Rupee (INR) 199.3
million in the “first five year plan”, INR
429.2 million in the second five year plan,
INR 503.3 million in the third five year
plan, INR 750 million in the fourth five
year plan", INR 11.12 billion in the fifth
five year plan, and INR 55.35 billion the
sixth five-year plan [9]. Funding for the
exploitation of resources in ethnic minority
areas has continuously increased in the
subsequent five-year plans.
The Indian Government has also
focused on policies to promote rural
development in ethnic minority areas,
narrowing the gap between rich and poor
people in society. Ethnic minorities in
India make up about 25% of the Indian
population and live mainly in remote rural
areas with really difficult living conditions.
The Indian Government has implemented a
wide range of support programmes to
focus on the rural development in ethnic
minority areas. The central government
and state governments have made great
efforts in the economic development of
ethnic minority areas in states where the
population of ethnic minorities accounts
for at least half of the population of that
state. A tribal area support programme
However, in the exploitation of
resources (water, forest and mines), the
Indian Government has not taken the
environment protection in ethnic minority
areas seriously, causing water, atmosphere
and soil pollution; exhausting forest
resources and harming the interests of
ethnic minorities. This has stirred the
discontent among ethnic minorities and
become a focal point for the concentration
of ethnic conflicts in India.
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Pham Thanh Hang
(TSP) has been established. Based on the India in late 2000. By 2008-2009, the road
proportion of ethnic minorities in the connecting rural areas where about 1,000
tribal area, TSP will be approved by the people were residing had been completed.
state and federal governments to ensure In the northeast, mountainous areas, desert
the efficient and proper use of the TSP’s areas and areas inhabited by ethnic
fund, thereby promoting the socio- minorities, the roads will connect areas
economic development in these areas. where more than 500 people are living [4].
According to the proportion of people in the The implementation of the programme has
tribe, TSP is divided into four categories: greatly improved the living environment
integrated tribal development project and production conditions of rural Indians.
(ITDP); modified area development
approach (MADA); tribal clusters and the
primitive tribal groups.
Thirdly, to apply measures of educational
development to ethnic minority areas. The
Indian Government has strongly developed
the education for ethnic minority areas
through the development of relevant laws
and policies. In order to improve the
universalisation of education and eliminate
unfair treatment towards ethnic minorities,
the Constitution of India prohibits
In the TSP, the most notable project is
the ITDP, which is an integrated
development plan for ethnic minorities. The
project has been implemented since 1979
and was first started in 2,300 communities.
By October 1980, the project had been
developed in all rural communities. The
project has mainly promoted the ability to
create jobs for ethnic minorities by
providing them with soft loans (by a capital
subsidy rate of up to 50%). As of
November 1998, there were 53.8 million
borrowers in total with a loan value of INR
195 billion [10]. This is one of the biggest
discrimination
in
Government-funded
educational institutions. Article 46 of the
Constitution of India affirms “The State shall
promote with special care the educational
and economic interests of the weaker
sections of the people, and, in particular, of
the Scheduled Tribes”.
In ethnic minority areas of India, the
projects that the Indian Government has number of ethnic minorities receiving
undertaken to help tribes of ethnic primary education is quite low with most
minorities. The project targets people living students tending to drop out of school
below the poverty line. The purpose of this before completing the curriculum, resulting
in the failure in achieving the expected rates
at the elementary and higher levels.
project is to provide income streams and
employment opportunities for poor people
in ethnic minority areas.
To solve this problem, the Constitution
In addition, in the rural development of India states that the central government
strategy of ethnic minority areas, it is and the state governments will base on the
proportion of the population of ethnic
necessary to mention the "Rural road
programme" of the Indian Government. minorities to the total population to reserve
This programme, under the central a rate of 7.5% for people of ethnic
minorities in educational institutions run by
government’s responsibility, was started in
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Vietnam Social Sciences, No. 1 (195) - 2020
basic necessities for life and important
household items for ethnic minorities.
the central government and state governments.
Moreover, the central government encourages
and develops the education of ethnic
minorities through laws such as ensuring
the enrollment rate, lowering entry scores,
For vulnerable groups in society, the
Indian Government has also issued a special
social security regime. For example,
setting up scholarships, offering preferential farmers who are old and incapable of
treatment, etc. The Indian Government has working to meet their minimum needs of life
are provided with subsidies; poor homeless
farmers can receive the Government’s
housing subsidies to obtain basic living
conditions; the education for poor children
will be funded by the central government
and the state government; poor ethnic
minorities are beneficiaries of the cheap
food policy [3].
invested a great amount of money on
education for ethnic minorities, as evidenced
by the educational fund in each "five-year
plan" accounting for nearly 50% of the plan’s
total budget [8].
Fourthly, to implement social security
policies for ethnic minority areas. The
Indian Government has approved the legal
system and support projects to improve the
social security level for ethnic minorities. It
has not only abolished slavery in
agriculture, enacted the minimum wage law
to protect the rights of workers and ethnic
minorities through the Constitution, but also
improved the social insurance regime and
protected the interests of state employees
and workers in other professions through
the enactment of other laws such as the Law
on Insurance for State Employees, the Law
on Reserve Fund and other specialised
funds, the Law on Coal Mine Reserve Fund
and Award Plan, Regulations on Pension
Payment, the 1971 Law on Retirement, etc.
These laws all provide specific provisions
on benefits that State employees and
workers of other professions should enjoy.
To address the basic food issue for
ethnic minorities in border areas and
backward tribal areas, especially to
eliminate the situation of children dying
from hunger and malnutrition, the Indian
Government has promoted the project to
provide funding for the establishment of
grain storage facilities, as while ensuring
that every family in ethnic minority areas
has 100kg of grain to be stored. In addition,
India's rural poverty reduction policy has
provided each family in obsolete ethnic
minority areas of the country with USD 150
per year.
The special above-mentioned poverty
reduction
projects
in
India
have
significantly reduced the prevalence of poor
households in India from 44.5% in 1980 to
36.0% in 1990, and only 26.1% in 2000 [5].
In addition to general protective
provisions for ethnic minorities specified in
the law, within the scope of general
distribution, the Indian Government has
also established a system of low-cost shops
and issued purchase cards to ensure basic
living needs for ethnic minorities and the
poor. The low-cost shops mainly provide
3. Policy implications for Vietnam
Vietnam is a multi-ethnic country with the
existence of ethnic, religious and linguistic
80
Pham Thanh Hang
minorities. The country’s Party and State minorities participating in the political
always ensure the practice of human rights system and State affairs through the
in general and the rights of ethnic concretisation of standards based on the
minorities in particular as a measure of specific principle of right and interest
social development and improvement [13].
distribution, which can promote the role
and responsibilities of ethnic minorities in
the country's political affairs.
Firstly, to ensure an appropriate
proportion of ethnic minority representatives
to participate in the State’s political system.
Secondly, to effectively implement
The Constitution of India always sets out education development projects in ethnic
clear regulations to ensure the actual minority areas. The Indian Government
has succeeded in addressing the education
of ethnic minorities through various
measures such as providing financial
support, improving facilities for schools,
implementing a wide range of projects on
education in rural and ethnic minority areas,
founding scholarships and educational
incentives, enhancing the promotion of
education universalisation.
political rights of ethnic minorities (for
example, setting a certain percentage of
employment in government agencies and
priorities in the exams for promotions for
ethnic minority staff).
To ensure the political rights of ethnic
minorities, Article 16 of the 2013
Constitution of Vietnam states “Everyone is
equal before the law. No one will be
discriminated in political, civil, economic,
cultural or social life” [14]. The 2015 Law
on Election of Membership in National
Assembly and People's Councils (Articles 8
and 9) of the State also stipulates the equal
participation of ethnic minorities in the
election of and running for membership in
the National Assembly, People's Councils
at all levels [15], etc. Accordingly, the State
also clearly specifies that the proportion of
people from ethnic minorities running for
the membership in the National Assembly
is at least 18% of the total number of people
on the official list. The proportion of people
from ethnic minorities running for the
membership in people's councils at all
levels is determined in line with the specific
situation of each province.
Regarding the field of education for
ethnic minorities, Article 61 of the 2013
Constitution of Vietnam stipulates “The
State shall prioritise the educational
development in mountainous and island
areas and regions with extremely difficult
socio-economic conditions…” [14]. The
2018 revised Law on Education (Articles 16
and 60) specifies that the State shall
prioritise investments in universalising and
developing education in mountainous and
island areas and regions with extremely
difficult socio-economic conditions.
Although, in the recent years, the State
has made great efforts in developing
policies as well as legislation on the
education for ethnic minorities and initially
achieved certain results, there are still many
limitations. The lessons of India will help
Vietnam to gradually improve the education
in ethnic minority areas, reduce the dropout
However, in the time to come, the State
needs to continue ensuring an increase in
the proportion of deputies from ethnic
81
Vietnam Social Sciences, No. 1 (195) - 2020
rate and improve the graduation rate of particularly for the selection and recruitment
ethnic students. In addition to ensuring the of official servants, it is necessary to specify a
proper implementation of provisions in reasonable percentage for ethnic minorities;
legal documents, the Vietnamese State (2) Establishing vocational training and
needs to promote the implementation of fostering centres for young people from
projects and establish key investment funds ethnic minories in mountainous areas to
for education in order to achieve the short- improve their qualifications and working
term goal of universalising education in skills and enhance their ability to find jobs
ethnic minority areas and the long-term themselves; (3) Continuing to boost the
goal of raising the knowledge level of implementation of two national target
ethnic minorities.
programmes on sustainable poverty reduction
and new-style rural development, in which
special attention should be paid to
vocational training and employment support
for ethnic minorities; (4) Expanding the
labour market and providing employment
opportunities to ethnic minorities through
the business networking programme. The
expansion of the network connecting
vocational training schools for ethnic
minorities and domestic and foreign
enterprises helps the majority of students
(mostly at the elementary and intermediate
levels) to be introduced to work in
enterprises after graduating. This request-
based training model has been initially
Thirdly, to promote employment policies
for ethnic minorities. In Vietnam, although
the State has issued many priority policies
for ethnic minority areas, especially in terms
of labour and employment, post-training
employment still exposes limitations. The
reason is that ethnic minorities mainly reside
in a scattered manner with the low level of
socio-economic development and quality of
(physical
and
non-physical)
human
resources. Moreover, the language barrier
leads to the people’s limited access to
information and they mainly work in
agricultural and forestry sectors which are
affected by natural disasters and harsh
climate. The above-mentioned factors cause
the shortage of jobs, especially among young
implemented
successfully
in
some
mountainous provinces in Vietnam such as
people, to be ever-more serious. In 2018, Ha Giang and Dien Bien; (5) Implementing
there were about 313,000 young people in policies to support the labour export in
rural areas who were jobless or lack of jobs. ethnic minority areas with extremely
Many of them, including those from ethnic difficult conditions. The State focuses on
minorities, have to face difficulties after
graduating from high schools [17].
supporting people from ethnic minorities
with initial funding sources such as training
funds, travel expenses and others to create
additional employment sources for ethnic
minorities in foreign countries.
To overcome the unemployment and
create more job opportunities for people
from ethnic minorities, Vietnam needs to
implement a number of measures such as:
(1) The State clearly stipulating the
employment rate for ethnic minorities and
Fourthly, to complete social security
policies in ethnic minority areas. Article
58 in the 2013 Constitution of Vietnam
82
Pham Thanh Hang
resources for poverty reduction and social
security in ethnic minority areas of Vietnam.
states “the State shall invest in the
development of the protection and care of the
people's health, provide health insurance for
the entire people and exercise a priority
policy of health care for ethnic minorities,
highlanders, islanders and people living in
Fifthly, to promote the socio-economic
development associated with the rational
exploitation of resources in ethnic minority
areas. In order to achieve the goal of rapid
and sustainable development in ethnic
extremely
difficult
socio-economic
conditions” [14]. Article 4 of the 2009 Law minority areas, the State needs to
on Medical Examination and Treatment synchronously implement socio-economic
stipulates the State's policies on medical development investment policies, pay
attention to the exploitation of resources
(land, water and forests) in a rational
manner and the protection of environment
and ensure a harmonious relationship
among economic interests, social interests
and national security.
examination and treatment for ethnic
minorities with the priority over allocating
budgets to meet the people's basic medical
examination and treatment needs. [18].
The State should continue to finalise
policies and laws on social security to
basically solve issues on the development of
ethnic minorities. Policies and legislation on
sustainable social security for ethnic
minorities in Vietnam should first focus on
investing in policies on training and
developing human resources; building
infrastructure (electricity, roads, schools and
stations) in association with the economic
development; providing free medical
examination and treatment; insurance; caring
for the elderly, etc. Notably, for people of
ethnic minorities who have lost their land, it
is necessary to pay attention to supporting
policies on residential and production lands
(including short-term and long-term support
plans) to ensure minimum living needs for
the people. In ethnic minority areas with
extremely difficult conditions, it is necessary
to review policy beneficiaries and develop a
set of evaluation criteria to have special
support levels (in human, financial and
material affairs), thereby helping people
improve their lives. The supporting policies
should pay attention to the mechanism of
advocating private sector and mobilising all
In Vietnam, ethnic minority areas often
have advantages in forest and land resources
for developing agricultural and forestry
production zones. However, because all
resources are limited, we will have to pay a
high cost in case of overexploitation.
Therefore, in the process of exploiting
advantages and strengths of ethnic minority
areas, one shall not overlook the protection,
regeneration and development of forest and
land resources in association with
environmental protection. In this way, ethnic
minorities can rise to enrich themselves based
on the strengths of the area that they are
living in, as while ensuring a sustainable life
and peace of mind to live with the natural
resources, protect the resources and get rich
from them.
4. Conclusion
The appropriate resolution of ethnic issues
is particularly important for the national
83
Vietnam Social Sciences, No. 1 (195) - 2020
security and social stability. India and
Vietnam are both countries with diverse
ethnic groups. Both the countries are faced
with the issue of protecting the national
sovereignty and territorial integrity and
solving national issues in a rational and
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Through
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