In solidarity with the people of the sacred Niyamgiri Hills in Orissa, local groups have organized a protest in front of Sterlite office on 9 and 11 September 2008 in Delhi.

The Supreme Court has earlier given approval to the British Vendanta Resouces to mine bauxite in Niyamgiri, to the disappointment and opposition of the tribals, environmentalists and local people.  Handing over forest lands to Vedanta would also be a violation of the Forest Act 2006.

Hotline Asia issued UA040316(5) in March 2004 in support of the people’s struggle against mining companies, urging the government to consider the rehabilitation of tribals as well as re-consider mining agreements with companies whose projects affect the local people and the environment.

Source:
Local source

In contrast to its previous decision, the Supreme Court of India has announced on the eve of the World’s Indigenous Peoples, on 8 August 2008, to allow the British Vedanta Resources to mine bauxite in the sacred hills of Niyamgiri in Orissa.  The decision was made amid the strong opposition of the tribal people who rely on the Hill for livelihood and survival, as well as environmentalists who say open caste mining would wreck the rich biodiversity and disrupt water resources that irrigate the large areas of farmland. 

Both state and central governments backed the mining plan as part of their effort to industrialize and exploit the mineral resources of underdeveloped eastern India.

According to the Campaign for Survival and Dignity (statement available at http://forestrightsact.awardspace.com/updates/update_13.08.08.htm), however, any moves by the government to hand over forest lands to Vedanta will be a criminal offence and a violation of the Forest Rights Act 2006.  Section 4(5) of the Act states that no forest dweller can be removed from their lands until the process of recognition is complete, and their rights such as community rights to traditional habitats and community forest resources must be respected.

One of the communities, the Dongaria Kondh, under the Vedanta area has been classified as "Primitive Tribal Group" and the people have protected and worshipped the Niyamgiri hill for centuries and it forms part of their traditional habitat under section 3(1)(e) of the Forest Act.  Thus, the Campaign argues that the government will demonstrate its hypocrisy and disregard for the law if it hands over any land to the giant corporation.

Hotline Asia has been supporting the struggle in Orissa against local companies, Sterlite Industries India Ltd., and its British counterpart, Vedanta since 2004.  UA040316(5) was issued in March 2004 against repressive acts of Sterlite and to urge the government to follow procedures of rehabilitation of tribals affected by development projects, as well as to cancel agreements with mining  companies whose projects affect the local people and the environment.  The UA also raised awareness on other mining projects in Orissa, their environmental effects, as well as the struggle of the people.

More information about the Forest Rights Act, as well as the Press releases of the Campaign for Survival and Dignity can be found at http://forestrightsact.awardspace.com.


Source:
Campaign for Survival and Dignity
Reuters

The Supreme Court of India denied permission for the British Mining group, Vedanta Aluminia Ltd, to mine bauxite in the ecologically sensitive Niyamgiri hills of Kalahandi and Rayagada districts of Orissa. However, its associate, Sterlite Indutries India Ltd. was allowed to re-approach the court for approval, provided that it could safeguard employment of displaced tribals and protection of the wildlife and environment. The court has also suggested a rehabilitation package to be followed before the project could start, and that the project must be jointly implemented with Orissa Mining Corporation and the Orissa state government.

Vedanta’s controversial aluminum refinery project in Orissa plans to dig open-cast mines in the Niyamgiri hills, a protected land under the Indian Constitution, to feed an alumnina refinery it has already built in Lanjigarh. According to the source, the state and central governments both back the mining plan as part of efforts to industrialize and exploit mineral resources of underdeveloped eastern India. In 2005, a fact-finding committee appointed by the Supreme Court accused Vedanta of constructing its refinery which violated Indian planning and environmental guidelines. When the company sought permission to start mining in the forest for Kalahandi district, it evoked high-level protests from environment groups and wildlife enthusiasts who challenged the plan. Tribal peoples say the mine will destroy the hills they consider as sacred and source of their livelihood.

This current verdict has been greeted with cautious optimism by those opposing the project.

Protests against mining projects in Orissa have been on-going for several years. Hotline Asia issued UA040316(5) in 2004 to express concern on the repressive acts of Sterlite, urging the authorities to follow procedures on rehabilitation of tribals and to cancel agreements with mining companies.

Source:
The Hindu
Business Standard
Telegraph

Since 20 December 2006, a local group Prakrutik Sampad Surakshya Parishad (PSSP), has been holding protest at the proposed plant site of UAIL, a joint mining venture of Hindalco and Alcan of Canada. The protest had stopped the illegal construction on the site.

According to an interim report of the House Committee on Environment to the Orissa Legislative Assembly for the year 2005-2006, the committee expressed great concern that no ¡§land for land¡¨ has been offered to the scheduled tribe displaced by the mining activities.

In 2004, Hotline Asia issued UA040316(5) in March 2004 to express concern about the rehabilitation process and to support the local people's demand for proper procedures of phased rehabilitation of those who have lost their livelihood due to the development projects.

Source:
Prakrutik Sampad Surakshya Parishad (PSSP)

In the morning of 2 January 2006, at least 12 tribals of Kalingnagar were killed in a police firing during their protest opposing the construction of boundary wall of Tata steel plant near Duburi, Kalinga Nagar, Orissa. This case of excessive police violence was reacted nationwide. Reports of protests were received from Jharkhand, Chattisgarh, Andra Predesh, Orrisa and New Delhi on 6 and 7 January 2006.

Despite public resistance in Orissa, another 3 Memorandums of Understanding have been signed in 2005 between the state government and 3 multinational corporations to extract bauxite in Kashipur. The state government has been trying to delist 40,000 Jhodia tribals from their tribal identity, allegedly to allow more tribal land to be taken away without administrative complication.

In response to the repression of tribals forcibly evicted in February 2004 for resisting bauxite mining projects in their village, Hotline Asia issued UA040316(5) to bring attention to the lack of immediate rehabilitation, as well as to cancel the mining agreements which adversely affect the people and the environment in the area.

Source:
Independent Media
Local source

In response to the eviction and destruction of tribals homes and livelihood in Orissa in February 2004, to make way for state-approved mining projects, Hotline Asia issued UA040316(5) in March 2004 to express concern about the rehabilitation process and to support the local people's demand to cancel the government's agreements with the mining companies. It was followed by various developments, including struggles of the people to resist the mining companies and police repressions of their protests.

On 11 November 2005, more than 2,000 tribal protesters marched towards the gate of Vedanta Alumina's Lanjigarh plant in Kalahandi District to urge the company to leave the area. Among them were one of the most primitive tribes of the country, the Dongria Kondhs, present only in the Niyamgiri Hill range; it is the first time for them to join in any public protests. A meeting took place in front of the company gate, with highlights on observations and recommendations of the Central Empowered Committee (CEC) and demands to ouster the company from Kalahandi. This is in response to the company which went ahead with its construction activities even though the CEC has reported against it.

The meeting was successfully held despite some police repression and arrests. It is significant because it has helped in reviving and strengthening their movement, and some important people were reportedly visiting the field area around that time.

Meanwhile, there was news that the Orissa government has handed over all the iron ore mines to private companies, leading to the protests by tribal people and environmental activists.

The Union Cabinet recently unveiled a new steel policy that seeks to shore up the per annum steel production from 30 million tonnes to 100 million tonnes by 2020. In the last two years, the Biju Janata Dal-BJP alliance government signed 43 Memorandum's of Understanding (MoU's) with private companies for the setting up of as many greenfield steel plants. This has led to losses of the tribal people's livelihood and to the environment.

According to the source, the kind of capital-intensive industrialization that is being pursued in Orissa has resulted in the displacement of more than nine million tribal peoples over the past 50 years. Tribal peoples from Kalinganagar in Jajpur district to Kashipur in Rayagada fear that the new industries would lead to the poisoning of their water and air.

In spite of the large-scale displacement of tribal peoples and Dalits, Orissa does not have a comprehensive resettlement and rehabilitation policy. The State Revenue Department has assigned the job to the United Nations Development Programme (UNDP) with financial help from the United Kingdom's Department for International Development (DFID). The UNDP prepared the draft policy after holding detailed consultations with the various stakeholders, and submitted it to the State government in July. However, the industry lobby and a section of bureaucrats are said to be against it.

Source:
Mines of conflict, Prafulla Das, Frontline, Volume 22 - Issue 24, Nov. 05 - 18, 2005
Independent Media

Although there was no news about the proper rehabilitation of tribals and the cancellation of agreement between the State government and mining companies, some reports and findings appear to be in favour of stopping the construction of refinery project at Lanjigarh in Kalahandi District, Orissa, by Vedanta Alumina Limited (VAL).

VAL is the subsidiary of Sterlite Industries (India) Limited (SIIL) with Orissa Mining Corporation Limited (OMC). SIIL was reportedly involved in the forcible eviction of tribal households and bulldozing of a tribal village in February 2004. These villagers have not yet received any compensation or rehabilitation arrangement and, with the help of civil society groups, continue their struggle against the agreement between the State and the mining companies.

A report was recently published by the Central Empowered Committee (CEC) on the Alumina Refinery Plant being set up by VAL at Lanjigarh. According to the report dated 21 September 2005, the environmental clearance for the project was accorded on the condition that the project did not involve any forest land. However, this fact was apparently overlooked as it reportedly involves displacement of 102 families. Not only were the people displaced from their houses, they were beaten up and the cash compensation was not adequate for the tribals who depended on agricultural ends for their subsistence.

The fact finding team who visited the site in December 2004, held detailed discussions with the project authorities, state government officials, and reported that: construction work was started without proper clearance which is a violation of the Ministry of Environment and Forests (MoEF) guidelines; rehabilitation package were not in the interest of sustainable livelihood of the local communities and ignored the interest of the forest conservation; appropriate action should be taken against the company for violating Forest Conservation Act of clearing trees and village forest land. Currently, the approval for the use of forest land for mining project is pending with the MoEF. Serious allegations have been made about the use of force for evacuating the tribals form their land, non-payment of compensation to the tribals who were traditionally using the government land for cultivation, etc. The team concluded that the use of forest land for mining should not be permitted, and that the Honourable Court should consider revoking environmental clearance and direct them to stop further work on the project.

VAL is also facing challenges on the side of their shareholders in United Kingdom (UK). At their annual general meeting (AGM) in August 2005, the chairman faced many questions on the company's operations in Orissa, among the other projects in Zambia and Tamil Nadu. Issues raised included the violation of forestry protection legislation on the refinery construction at Lanjigarh in Orissa, as found by the Supreme Court Committee. At the conclusion, a resident of Orissa confirmed that thousands of people opposed the project and suffer loss of livelihood.

A copy of the report by the CEC is available upon request. Another report on the background of Lanjigarh and the impact of mining on the area is also available upon request. For more information on the different mining projects in Orissa and how the people are affected, please refer to UA040316(5) and related updates.

Source:
Independent Media
local sources

In a recent gathering at village Guguput (where villagers have earlier blocked mining company's vehicles from entering) on 15 June, battalions of police lathi charged and tear gased the villagers. In May, another village faced lathi charge while demanding the cancellation of dam projects which would supply water to the Alumina Company. In a separate incident, Jajpur, Kalinga Nagar tribals were beaten up severely by armed police because they refused to leave their land to a giant Iron company.

Several national level forums like PUCL-Orissa, PUDR-Delhi, APDR-West Bengal, INSAF - a national level anti-communal forum, and Human Rights Forum-Andhra Pradesh (HRF) visited the project areas of UAIL, Vedanta and Hindalco at Kashipur, Lanjigada and Laxmipur in Orissa. The team led by HRF toured 15 villages from 20 May to 2 June and spoke to hundreds of people including representatives of UAIL and Vedanta, in order to study the situation arising from bauxite mining leases and the consequent threat of large-scale displacement and loss of livelihood. The findings suggested that these projects do not benefit the tribals in any way.

It was concluded that:

1. the mining leases given to UAIL, Hindalco and Vedanta Alumina Limited are illegal under the Fifth Schedule to the constitution, stating that transfer of tribal land by any means to a non-tribal is not allowed;
2. the use of police to pressure the people to give up their opposition, as well as to prevent people from speaking at public hearings was strongly objectable;
3. the mining project taking place does not contribute to the development of the area, as the alumnina and other metals processed were aimed at being exported, and the jobs being promised to the affected people were only limited to one member per family, which is reportedly not guaranteed in writing by the company after training;
4. the monetary compensation given is not adequate to cover the extent of loss of livelihood, lands with its produce, as well as the traditional habitat they are accustomed to; instead, the adivasis need alternative lands of the same extent they are losing; and
5. the mines impose pollution on the streams that are used to give irrigation to the adivasi lands nearby and have affected their retention capacity; after 25 years the minerals will be exhausted, and the companies will leave the area with holes in the forests and devastation in the lives of the adivasis.

As such, the HRF is demanding the government of Orissa to cancel the unconsititutional mining leases, stop the use of police force to coerce the people into accepting the projects, and develop policies that are sensitive to the livelihood and mode of life of the adivasis who live in the project affected areas.

On 15 July, the Prakrutik Sampad Surakshya Parishad (PSSP), who is spearheading the struggle against the mining companies, have issued another statement to emphasise the 12-year struggle of the people, and to express their concerns on the effects of the joint venture mining project, such as exhausting of the total bauxite reserves, displacement of tribals and dalits, and loss of land and livelihood. They express the people's sentiments and protesting voices being met by the suppression by the police, beatings, illegal detention and tear gas attacks. They are demanding withdrawal of police and armed forces, release of all PSSP activists and a stop to human rights violation. A copy of their statement is available upon request.

For more information and background on this issue, please refer to UA040316(5) and related updates. In view of the mining projects' adverse effects to the environment and livelihood of the people, Hotline Asia issued the UA to support the people's demand for the government to cancel agreements with mining companies, and for adequate rehabilitation for tribals who have lost their livelihood and ancestral lands due to these projects.

Source:
Prakrutik Sampad Surakshya Parishad (PSSP)

While tribals in different parts of Orissa continue their struggle against mining projects, violent police repressions and the government's inaction on rehabilitation and negotiation with mining companies, many concerned groups continue to show their support.

In Montreal, Canada, the employees of Alcan (Canada) - owning 45% of billion-dollar bauxite extraction and alumina refining project, Utkal Alumina International Ltd (UAIL) - were resisting the company's proposed mining project in Kashipur, Orissa. The workers made a resolution in mid-April to support local Indian opposition to the mining, stating they would "refuse to smelt any alumina shipped to B.C. from Alcan' s eventual operations in Orissa." Meanwhile, Montreal-based support group, Alcan't in India, has planned another demonstration for Alcan's annual meeting on 28 April in Montreal.

On 12 May 2005, in Mumbai, the Kashipur Support Group issued a press statement and organized a long protest in front of Hindalco - the joint partner of Alcan (Canada) for UAIL, distributing leaflets on human rights violations and social and environmental impact of bauxite mining in the area before submitting an open letter to the company, demanding them to immediately withdraw from all mining activities from the tribal areas of Kashipur, Orissa. [A copy of the Press Statement and Open Letter is available upon request.]

On 25 May 2005, the Prakrutika Sampad Surakhya Parishad (PSSP) organized a protest rally against UAIL and the police lathi charge and repression at Kalinga Nagar on 9 May (resulted in the death of 4 people including 2 children, arrest of 26 people, and forcing many to hide in the hills and forests of over 40 degrees C and face more possible deaths). PSSP will continue to appeal to the Chief Minister of Orissa, for a judicial inquiry of the incident and propose to shelve the steel plant and ask for detailed rehabilitation measure for those displaced and stop promoting private industries and mines at the expense of the dalits and tribals.

In a recent press note, activists from Orissa has condemned the attack of the Rayagada police on a filmmaker, while covering a rally of PSSP at Tikri on 25 May. They have also called for "… immediate probe in to the matter by independent human rights groups…"

However, the authorities still did not have any response to the requests for rehabilitation. Local groups are also concerned that while the whole of Orissa is revolting, these were not reported regularly or widely and only one newspaper in Orissa and one national paper was identified to have consistent reports of the state repression. A web site and Orissa Watch web magazine is being planned.

Hotline Asia issued UA040316(5) in March 2004 to bring attention to the repressive acts of mining companies in Orissa and to urge the authorities fulfill their obligation to promote and protect the people's right to rehabilitation and livelihood. For more information about the recent police repression and the people's voice, please refer to the Press Statement and Open Letter of 12 May 2005 (available upon request).

Source:
Independent Media
Kashipur Support Group, Mumbai
Local Sources

The struggle against the mining projects in the forest and tribal lands of Orissa continue. In February and March, there were strong movements of the people through demonstrations, followed by memorandum to the Resident Commissioner of Orissa, the President of India and the Chief Minister. Members of Orissa-based Prakrutik Sampada Surakshya Parishad (PSSP), New Delhi-based youth and human rights activists, writers and intellectuals participated. They demanded immediate and unconditional release of PSSP activists arrested since December 2004, a stop to human rights abuses by state police in Kashipur, prevention of any violation of the 5th Schedule of the Constitution of India and cancellation of all bauxite mining projects, including UAIL in Kashipur that affect people's livelihood and resources.

Petitions were also made to prosecute the Kalahandi district magistrate and the Vedanta Alumina Limited for their alleged violation the 5th Schedule of the Constitution of India (which guaranteed the right of land to adivasis and prohibits transfer of lands to non-tribals for any purpose) and the violation of forest conservation laws by the district administration in acquiring forest clearance.

Outcome of the hearing on 28 February 2005 resulted in cancellation of the environmental clearance and an order to stop all construction work. The hearing also demanded explanation of the pending regularization of pre-1980 forest encroachment (while forest land illegally broken up and encroached by mining companies in the past few years have already been regularized) which exposed a large scale deliberate overlooking of environmental and conservation laws.

In response to the repression of tribals forcibly evicted in February 2004 for resisting bauxite mining projects in their village, Hotline Asia issued UA040316(5) to bring attention to the lack of immediate rehabilitation as well as to cancel the mining agreements which adversely affect the people and the environment in the area.

Source:
Independent media
Local source

The struggle of the indigenous people in Kashipur areas of Orissa is still on-going. On 1 December 2004, 300 tribals and Dalits protested against the Government's forcible establishment of a Police Station at the village of Karol, which is near the proposed alumina plant of Utkal Alumina Industries Ltd (UAIL) at Doraguda. The conflict between police and tribals resulted in 16 injured protestors and the arrest of some.

The situation has been tense since this conflict. Sit-in of protesters was still going on in early January, attempting to block UAIL's construction of roads that lead to the alumina plant.

Due to the negative impact on the environment and the tribals' livelihood, Hotline Asia issued UA040316(5) in April 2004 to urge the state authorities to cancel agreements with mining companies.

Source:
Local source

The tribal struggle continues. On 7 April 2004, tribals attended a rally protesting the forceful eviction which happened on 1 February 2004. Thirteen of them were arrested by the police on the following day, allegedly on invalid charges.

The local group, Prakrutik Sampad Surkshya Parishad (Federation for Protection of Natural Resources or PSSP) encourages the international community to write letters to the authorities as the struggles go on.

Hotline Asia issued UA040316(5) in April to support the tribals' request to cancel mining agreements between the State authorities and the mining companies which give adverse effects to the environment and the livelihood of the local people.

Source:
Prakrutik Sampad Surkshya Parishad