INDIGENOUS PEOPLE S STRUGGLE Against Vedanta ORISSA

INDIGENOUS PEOPLE S STRUGGLE Against Vedanta ORISSA

Our Homeland Niyamgiri mountain constitutes the ancestral domain of the Dongaria, Kutia and Jharania Kondh who are foraging communities and categorized as the primitive tribes under the Constitution of India. They live in about 200 villages, scattered throughout this range. It is situated in the Kalahandi District of Orisa with an altitude of 4284 feet above the sea level. It is the storehouse of rich biodiversity and the source of two major rivers and many rivulets.

Our Spirituality For us Mountains are spiritual entities, at the apex of the Natural Order that sustains us. Niyamgiri represents Konds mythical origins and identity. Mountains give Life to all the surrounding areas, through the streams which start from their sides. The Water which emerges out of these Mountains is pure and rich in Minerals. This accounts for Orissa's outstanding fertility and Forest. Bauxite has a deep connection with abundant plant-life, and Bauxite-rich areas include most of the world s best tropical and sub-tropical Forests.

Symbiotic existence In the Mountain of Niyamgiri IPs have been living with the animals amidst rich vegetation sharing the earth s bounty collectively. They are the protectors of the nature and use nature sustainably. As a result of that the area still boasts to have more than 300 species of plants, trees, etc. including about 50 species of medicinal plants. Six of the species are listed in the IUCN Red Data Book. These forests are yet to be surveyed properly for their floral and faunal wealth. More than 75% of the hill is covered by thick forests with an average density of 0.6.

NIYAMGIRI

National Interest at IP Cost On October 5th 2004, the Orissa Mining Corporation (OMC) entered into an MOU Vedanta for the Lanjigarh and the Karlapat bauxite mines. The One million tonne capacity alumina plant would come up in the next three years. In order to help set up such an alumina complex OMC entered into a Joint Venture Company (JVC) with Vedanta.

Some of the anti-people and anti-state features of the MOU and JVC In case mining lease is not granted by GOO (Govt. of Orissa) in Karlapat. OMC is bound to arrange at least equal amount of Bauxite, i.e. 150 million ton, to JVC from other sources. OMC will be allotted 26% of the issues and paid up equity share. Vedanta will have 74% of issues and paid up equity shares. JVC will have 6 Directors. Out of that 4 will be from Vedanta (including MD and Chairman). OMC directors will be part time ones without any involvement in day-to-day operations. Management control and control over the day-to-day activities of JVC will vest solely with Vedanta. JVC will be sole authority to mine, explore and exploit the mines. OMC will also not be able to sale bauxite to any other person. JVC will mine bauxite deposits exclusively for supplying to the Alumina plant of Vedanta. OMC will be responsible for payment of all taxes, duties and other statutory dues payable to the sate and Central Govt. After refinery Vedanta will have an option to establish another aluminum smelter.

Land Acquisition Without Consent In Lanjhigarh evacuation started from 23rd January 2003. The collector was physically present in all the Village Councils and forcefully obtained the No Objection Certificate. The administration forcibly evicted people from four villages in Lanjhigarh Block. Displaced villagers were taken to a new "colony", 3 km. away, where they are being held under police guard - a kind of concentration camp. In the name of R&R they have provided concrete boxes at the foothills of Niyamagiri. None of them were given any sort of papers proving the ownership of that place. The whole colony is fenced. They are not allowed to go to the forests on Niyamagiri.

Clarion Call of Resistance Mobilization of the IPs began. Large number of people all over the country took their side in solidarity. Protest rallies, demonstrations and court cases were organized. 17 km long human wall was staged to declared their resolve to protect Niyamgiri. Media extended support. People of Administration could not evict six other villages of their list.

State Surrenders to MNCs Despite the strong report against the Vedanta Project of the CEC (Central Empowered Committee - advisory body to India s Supreme) and without getting the forest clearance the Company went ahead with the construction work. It dared to flout all the relevant laws of the land. The state government of Orissa and the Supreme Court of the country stood by its side.

Cont. Mining in Niyamgiri violates two constitutional guarantees. 1. Tribes right to territorial integrity and to decide their own path of development (Vth Schedule of the Indian Constitution) 2. Right to religious practice and belief (Article 25 of the Indian Constitution) the Ministry of Environment and Forests (MoEF) report, on which the judges are basing their judgment: The report misrepresents the extent of forest and biodiversity on top of Niyamgiri and the other bauxite-capped mountains. It says that all the bauxite deposits are located on plateau tops "with practically no vegetation/scanty vegetation on the mineralized zones", which is completely untrue, even according to their own statistics

Vedanta Suppressed Facts, flouts law Report commissioned from JP Morgan instrumental in Vedanta s registration in the London Stock Exchange conveniently avoid mentioning the presence of dense forest and rich wildlife and the habitat of the Dongria Khonds in the Niyamgiri mountain. It cleared forest evicted people and constructed parts of the factory without legal sanctions.

Vedanta in Trouble, Sterlite feasts Vedanta faced a trouble when two affected IPs met the members of its General Body in London. Following the study of their Ethic Council Norway s pension fund sold share worth $13.2 million in Vedanta Resources Plc. Supreme Court of India rejected Vedanta Application. But it asked Sterlite, with 80% share of Vedanta, to go ahead!

The dangers are proved by an appalling accident (3rd May 2006), when the dam burst which held the Vedanta s ash pond for the coal-fired power station which supplies its Chattisgarh refinery at Korba. The first rush of toxic waste is reported to have killed 35 workers and spread over 2 square kilometres.

Struggle Continues