A victory for the Dongria Kondh
Vedanta has been stopped. The mining conglomerate has been refused permission to work in Orissa by India’s Ministry of Environment and Forests. A high-level committee was commissioned by the ministry earlier this year to deliver judgment on the country’s most controversy-ridden mining proposal. Vedanta Resources plc and the Orissa Mining Corporation planned to extract bauxite from the top of part of the Niyamgiri mountain range in Orissa. On August 16th the committee, headed by N C Saxena, delivered its conclusions to the Ministry and unequivocally condemned the project.
Business Standard reports that the Saxena panel was commissioned by the Environment Ministry which had set up a four-member team headed by Saxena, member of the National Advisory Council, to probe into the alleged violations of tribal and forest laws. The Saxena report has also accused the company of illegally occupying forest land for its US$1.7 billion mining project. The allegations have been, however, strongly refuted by the Orissa state government, which claimed that the Saxena report has cast aspersions on the state over grant of mining licenses, even though the Supreme Court has already given its ruling on the matter.
“No Ministry can abdicate its responsibility of enforcing the laws passed by Parliament,” said Jairam Ramesh, India’s minister for environment, citing the Attorney General’s opinion that he was free to decide on final clearance despite the Supreme Court ruling. “My Ministry cannot function on the basis of fait accomplis:Since August 2008, a lot of new information has come to light. It is on the basis of this incriminating new evidence that the decision has been taken.”
The Saxena team discovered numerous instances of negligence – to the point of criminality – on the part of local government officials and the state government itself. It highlighted egregious violations of existing legislation to protect Indigenous Peoples rights (specifically as Forest Peoples). Not least, it roundly condemned the manoeuvres and activities of UK-listed Vedanta – both in regard to the mine and the construction of its adjacent alumina refinery.
In its introduction, the Saxena Report on Vedanta and the mining of Nyamgiri stated:
“In the committee’s view the mining of Nyamgiri would:
* Destroy one of the most sacred sites of the Kondh Primitive Tribal Groups
* Destroy more than seven square kilometers of sacred, undisturbed forest land on top of the mountain that has been protected by the Dongaria Kondh for centuries as sacred to Niyam Raja and as essential to preserving the region’s fertility.
* Endanger the self-sufficient forest-based livelihoods of these Primitive Tribal Groups
* Seriously harm the livelihood of hundreds of Dalit families who isndirectly depend upon these lands through their economic relationship with these Primitive Tribe Groups,
* Build roads through the Dongaria Kondh’s territories, making the area easily accessible to poachers of wildlife and timber smugglers threatening the rich biodiversity of the hills”
The Saxena report also noted violations by Vedanta of:
The Forest Conservation Act – (1) The company is in illegal occupation of 26.123 ha of village forest lands enclosed within the factory premises. The claim by the company that they have only followed the state government orders and enclosed the forest lands within their factory premises to protect these lands and that they provide access to the tribal and other villagers to their village forest lands is completely false. This is an act of total contempt for the law on the part of the company and an apalling degree of collusion on the part of the concerned officials. (2) For the construction of a road running parallel to the conveyor corridor, the company has illegally occupied plot number 157(P) measuring 1.0 acre and plot number 133 measuring 0.11 acres of village forest lands. This act is also similar to the above although the land involved is much smaller in extent.
The Environment Protection Act (EPA) – (1) The company M/s Vedanta Alumina Limited has already proceeded with construction activity for its enormous expansion project that would increase its capacity six fold from 1 Mtpa to 6 Mtpa without obtaining environmental clearance as per provisions of EIA Notification, 2006 under the EPA. This amounts to a serious violation of the provisions of the Environment (Protection) Act. This expansion, its extensive scale and advanced nature, is in complete violation of the EPA and is an expression of the contempt with which this company treats the laws of the land.
The welcome decision has come after months of high-pressure lobbying by Vedanta and its industry supporters, which has been countered on the ground by rallies and information campaigns mounted by many activist and citizens’ groups. The struggle of the Dongria Kondh has found support around the world. Yet the upholding of the findings of the Saxena team owes a great deal to the independence of India’s processes of law, which were underscored again on 19 July 2010 when, in another mining case, the Supreme Court temed developmental policies as “blinkered”.
The Supreme Court said that the promised rights and benefits never reached marginalised citizens fuelling extreme discontent and giving birth to naxalism and militancy, which are threatening the sovereignty of the country. Referring to the large-scale displacement of tribals from forest land in the name of mining and development, the Court said non-settlement of their rights and non-provision for timely compensation of their lost land has created the worst kind of hatred among them towards development, possibly giving birth to extremism.
“To millions of Indians, development is a dreadful and hateful word that is aimed at denying them even the source of their sustenance,” a Bench comprising Justices Aftab Alam and B S Chauhan said. “It is cynically said that on the path of `maldevelopment’ almost every step that we take seems to give rise to insurgency and political extremism which along with terrorism are supposed to be the three gravest threats to India’s integrity and sovereignty,” it said. “Why is the state’s perception and vision of development at such great odds with the people it purports to develop? And why are their rights so dispensable? Why do India’s GDP and human development index present such vastly different pictures?”