The letter, endorsed by legal luminaries such as Prof Kalpana Kannabiran, Gautam Bhatia, Prashant Bhushan, among others, calls for an immediate halt to the public hearings to clear 1,549 hectares of forest lands lying in areas covered by the V Schedule of the Constitution for violating the right to free, prior and informed consent of the affected communities.

Instead of undertaking due consultations under the PESA and FRA, the letter points out, the State government has followed an approach of repression to secure clearances through coercive means. Since early August, the police and paramilitary forces have conducted midnight raids, illegal detentions and arrests against the people of Kashipur village.
Nine leading activists of the Niyamgiri Surakshya Samiti, including Lada Sikaka, Drenju Sikaka, Lingaraj Azad and poet Lenin Kumar have also been made the subject of an FIR under the stringent Unlawful Activities (Prevention) Act (UAPA) for unlawful and terrorist activities. Goldman Environmental Prize 2017 winner, Prafulla Samantara, was abducted with his face covered and hands tied, and driven from Rayagada to his hometown in August 2023.

In addition, several FIRs have been filed by both the police as well as an official of M/s Mythri Ltd., related to M/s Vedanta Ltd., cumulatively naming about a hundred persons, along with hundreds of other unnamed. As such, kin of those arrested are struggling to secure their bail, while also looming under the threat of further persecution under these open-ended FIRs.

With key leaders in prison or facing further persecution, the State government insists proceeding with the public hearings, without complying with the legal requirements under the V Schedule, Panchayats (Extension to Scheduled Areas) Act (PESA), Forest Rights Act (FRA) and the EIA Notification 2006 on full-disclosure of information regarding the proposed project, the letter says.

The letter calls upon the Governor to release those imprisoned since August 2023 and withdraw all criminal proceedings, including those under the UAPA, to uphold their right to participate in consultations freely.

The letter also calls upon the Governor to ensure that information about the proposed bauxite mine is duly made available in compliance with the law, and to further halt the public hearings until an atmosphere of free and open democratic participation can be ensured.

On 13 September 2023, the Odisha State Pollution Control Board notified the announcement of a Public Hearing on 16 October 2023 towards the approval of proposed bauxite mining in Kashipur tehsil, Rayagada district and Thuamal-Rampur tehsil, Kalahandi districts. This Sijimali Bauxite Project, proposed by M/s Vedanta Limited, extends over an area of 1549 hectares covering eighteen villages, within or in proximity to more than twenty reserve forests and nine water bodies. Both Rayagada and Kalahandi are V Schedule areas with a predominant Scheduled Tribe population, comprising Kondh adivasi, Parajas and Dom dalit communities with a small percentage from other castes and communities.

Pertinantly, this Public Hearing has been notified following a month of intense repression and persecution of the people of Kashipur and other parts of Rayagada district. Starting from early August, when the police disrupted and declared as unlawful the peaceful assembly of more than a hundred persons to protest the entry of M/s Mythri Corporation for mining in their village, until today, people in Rayagada, particularly Kashipur tehsil, are living under an oppressive environment of fear, intimidation and terror. The active presence of police in the village is felt and arrests of persons are ongoing.

The decision of the Odisha government to proceed with the Public Hearings of the proposed bauxite mine in such a tense environment is not only illegal, but is a grave assault on the constitutional rights of the people to their customary homelands under the V Schedule, PESA and Forest Rights Act. Rayagada and Kalahandi district in Odisha are home to pristine dense rainforests with rich biodiversity, all of which stand to be destroyed by mining and extractive projects. On the ground, over the past two decades in Odisha alone, thousands of people have been evicted and displaced from their historic role of stewards of their land and waters. Some of the recent developments which have created the environment of fear and intimidation are:

Local leaders and several other persons illegally detained and arrested: Since the disruption of the 04 August 2023 protest in Kashipur, the police and paramilitary forces have conducted midnight raids in the villages. More than twenty persons were illegally detained and tortured. Most of them were later formally arrested under various provisions of the IPC, Arms Act and CLA. Most shocking among these FIRs are FIR Nos. 93, 96, 97 of 2023 at PS Kashipur which are duplicates of each other, have been filed successively on 08 August 2023, naming eleven persons and hundred other unnamed. Similarly, FIR No.101 dated 12 August 2023, filed by an official of M/s Mythri Ltd., names ninety four persons along with hundred others unnamed. Nine leading activists of the Niyamgiri Suraksha Samiti, including Lada Sikaka, Drenju Sikaka, Lingaraj Azad and poet Lenin Kumar have also been made the subject of an FIR under the stringent Unlawful Activities (Prevention) Act (UAPA) for ulawful and terrorist activities. Goldman Environmental Prize 2017 winner, Prafulla Samantara was abducted with his face covered and hands tied, and driven from Rayagada to his hometown in August 2023. Presently, more than twenty persons have been arrested, and continue to be in prison, with their bail applications having been denied. Those who have not been arrested are struggling for the release of their kin. As per reports, there continues to be heavy police presence in the area, and open-ended FIRs bringing within their fold hundreds of named and unnamed others, has given rise to a grave environment of fear, persecution and terror.

The violation of V Schedule, PESA, FRA: The lands and forests over which the bauxite mine is proposed fall under the V Schedule, subject to the right to self-governance of adivasis over their traditional homelands. In the 1997 decision of Samatha v. State of Andhra Pradesh, the Supreme Court had prohibited the diversion of V Schedule lands in favour of non-adivasis, including public and private corporations. Again in 2013, the Supreme Court in Orissa Mining Corporation v. Ministry of Environment and Forests, had held that the gram sabhas under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), which in the state of Odisha are the palli sabhas, have the ultimate right to make decisions pertaining to the protection and conservation of their community lands and forests. In this case, there have been no prior consultations with the affected gram sabhas who have a right to participate in all decisions affecting their customary forests and homelands. Pertinent to note that the 2013 Supreme Court decision was also related to bauxite mine proposed by M/s Vedanta Ltd. in the same districts, although covering different and smaller areas than the one proposed in the current Sijimali bauxite mine.

Lack of compliance with EIA-mandated Public Hearing process: Under the EIA Notification 2006 [Appendix IV], the full EIA report and not just the executive summary needs to be made publicly available, at public locations such as the urban local bodies/ panchayats/ public libraries etc. It should be in the language local to the affected communities, so that they might comment on it. The full EIA report also has to be uploaded electronically on the websites of the State Pollution Control Board, the District Collectors, the District Industries Office. The District Collectors have to request persons to write in their views and concerns so that all will be taken into consideration. This has not been done. It must be noted that the Letter of Intent for the proposed project was issued only in March 2023. The pace and manner in which the project clearances are proceeding creates the impression that the Public Hearings are being conducted as mere formality in the checklist of the clearance process, without upholding the spirit of participation and transparency.

To conduct hearings in such an atmosphere of fear and intimidation subverts the legal frameworks established for democratic participation. It is deeply concerning that the state government continues to adopt a strategy of coercion and repression, instead of protecting the right to free, prior and informed consent of the affected communities immediately before the notification of the Public Hearings, such that the process is rendered devoid of any meaning and substance.

Thus, as lawyers — Advocates, jurists and legal researchers — we call upon you to uphold the rule of law, and to defer the Public Hearings until the affected communities have a proper opportunity to participate freely, without intimidation, and with full information. We urge you to:

• Immediately order the withdrawal of criminal proceedings against the people of Rayagada and Kalahandi since 04 August 2023, and the release from prison of all those who have been arrested or detained. Adequate compensation to be awarded to all those who have been illegally detained and tortured.
• Immediately order the withdrawal of FIR No.87/2023 under UAPA filed against local leaders associated with the Niyamgiri Suraksha Samiti.
• Defer the Public Hearings until proper consultations are undertaken with the affected palli sabhas under the FRA.
• Immediately arrange for the release of all relevant information on the proposed project, including the full EIA report, to the public in local languages in all required sites.
• Ensure that affected communities have sufficient time to properly inform themselves of the impact of the proposed project on their lives, livelihoods and biodiversity before any proposed public hearings.

Click here for signatories. Copy of the letter sent to Pradip Kumar Amat, Minister, Environment, Forests and Climate Change, Government of Odisha; Prafulla Kumar Mallik, Minister of Steel and Mines, Government of Odisha; Swadha Dev Singh Collector and District Magistrate, Rayagada; P. Anvesha Reddy, Collector and District Magistrate, Kalahandi; Odisha State Pollution Control Board

Courtesy: CounterView

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Image Courtesy: adivasiresurgence
The villagers in the area were protesting outside Vedanta’s Lanjigarh refinery demanding jobs as they alleged they had lost livelihoods after losing their lands due to Vedanta’s interventions in the area.

As per activists on the ground, “there is a massive crackdown going on at Lanjigarh with the police violently assaulting everyone and anyone on the streets.” Villagers of Basantpada village have faced severe assaults during the lathi charge. Two people have been reportedly critically injured and “are fighting for life while more than 30 people have suffered grave injuries.”

The mining giant Vedanta has, for several years, eyed the mineral rich region of the Niyamgiri mountains in Odisha’s Kalahandi-Raigarh district. As protests against the mining project that Vedanta wanted to implement, mounted, the Supreme Court of India passed an order to conduct gram sabha hearings in 12 affected villagers. All the gram sabhas unanimously voted against the company. However, Vedanta has continued in its onslaught and exploitation of the natural resources in collusion with the state machinery.

Just days ago Lingaraj Azad, convener of the Niyamgiri Suraksha Samiti (NSS) of the Niyamgiri movement was arrested on charges of being a Maoist just because he joined the protest on March 5 by several Adivasi-Dalit-Bahujan groups and forest dwelling communities. The people were protesting against the Supreme Court order that threatened their existence. Lingaraj Azad had joined the protests with bows and arrows.
After protests against his arbitrary arrest he was released on bail on March 12.

Villagers are waiting outside the gate with the dead body. Section 144 of the Indian Penal Code (IPC) has been imposed in the area. There are likely to be more casualties. 
 

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Loud protests took place at the company’s last London AGM today. Company founder and Chairman Anil Agarwal was not present, creating uproar among protesters and shareholders. Vedanta Resources officially de-listed from the London Stock Exchange at 8am this morning. Inside the meeting dissident shareholders asked questions about the police shooting of thirteen protesters against Vedanta’s copper smelter in Tuticorin, Tamil Nadu in May. Another shareholder asked how much Vedanta spent on litigation or bribes, given the number of court cases they are tied up in at their various operations. Meanwhile a large contingent of Tamil people played traditional Parai drums and demanded ‘justice for Tuticorin’ outside the AGM.

Hours before the meeting a protest was held at Financial Conduct Authority (FCA) headquarters in Canary Wharf, demanding that British regulatory authorities do not let Vedanta flee the London Stock Exchange without being held to account. Representatives for FCA Directors were handed copies of a damning report ‘Vedanta’s Billions: Regulatory failure, environment and human rights’, published by Foil Vedanta(1) and a coalition of organisations days before. The report was described by Hywel Williams MP as ‘deeply concerning and disturbing’ and gives a comprehensive account of legal judgments against Vedanta across its global operations, blaming the City of London and FCA for failing to regulate or penalise the company, which is the latest in a long list of London miners linked to ‘corporate massacres’.

On Thursday 27th September popular Zambian reggae artist and public figure – Maiko Zulu – was arrested outside the British High Commission in Lusaka, Zambia, holding a banner stating ‘Hold Anil Agarwal to account for Zambian crimes before de-listing’.1 Zulu gave this statement to the media, referring to the Vedanta subsidiary KCM’s pollution of the River Kafue, for which the landmark case of 1,826 farmers against Vedanta will be heard in London Supreme Court in January2, as well as the Tuticorin ‘massacre’:

“Vedanta is being de-listed from the London Stock Exchange following serious crimes against indigenous people of India and the pollution of our own Kafue River which is a source of livelihood for thousands of peasants. The inequality that multinationals are creating can not be left unchecked and we will continue standing up and facing arrests for the good of our people. Our fellow protesters were shot at by police in India.”

Thirteen people, including women and children were killed by police shooting on the 100th day of protest against Vedanta’s copper smelter in Tuticorin in May, as well as 217 injured, and nine disabled for life.3 Vedanta’s de-listing plans were announced shortly afterwards amidst global protests against the company. Fatima Babu, from the Anti Sterlite People’s Movement, one of the main groups involved in the protests says:

“The people of Thoothukudi are still reeling from the massacre of innocent women, men and children in May, which was carried out in the name of protecting Vedanta’s industry from the people whom it has polluted for so many years. The Tamil Nadu, Indian and British government’s must all take responsibility for the lawlessness and disproportionate power wielded by Vedanta, which led to this tragic event.”

On Sunday 31st October thousands of Adivasis (tribal) people protested against forced land acquisition for Vedanta’s steel plant in Saranda forest, West Singhbhum district, Jharkhand, India.

Samarendra Das from Foil Vedanta, primary author of the Vedanta’s Billions report, says:
“Anil Agarwal is so desperate to avoid public scrutiny following the Tuticorin massacre that he ran away from his own company AGM. We cannot him and his board escape accountability and justice in the UK, under whose jurisdiction they have committed widespread financial, human rights and environmental crimes. The FCA and City of London must now initiate proceedings against Vedanta or remain complicit in enabling and mitigating these abuses.”

The report ‘Vedanta’s Billions’, released several days before the AGM, is a summary of legal judgments against Vedanta across its operations, revealing its abusive modus operandi, with special focus on illegal mining in Goa, pollution and tax evasion in Zambia, as well as illegal expansion and pollution in Thoothukudi, Tamil Nadu, industrial disaster at Korba in Chhattisgarh, land settlement and pollution issues in Punjab, displacement and harassment of activists in Lanjigarh, Odisha, and a mineral allocation scam in Rajasthan.

Inside the AGM, dissident shareholders asked questions based on the catalogue of judgments against the company documented in the report. One question from a woman who has visited the concerned area will ask the company to respond to evidence of a pollution and a ‘land grab’ affecting primarily Dalits at the company’s Talwandi Sabo power plant.

The report notes that Vedanta is now the latest in a string of London listed mining companies linked to the murder or ‘massacre’ of protesters, including Lonmin, Glencore, Kazakhmys, ENRC, Essar, GCM Resources, Anglo Gold Ashanti, African Barrick Gold and Monterrico Metals. As such, the report names the role of the City of London and the Financial Conduct Authority in ‘minimising the risks associated with Vedanta’s legal violations and human rights and environmental abuses’ and failing to investigate or penalise any London listed mining company on these grounds.

The report concludes that;
“Some companies have de-listed due to a legitimate need to pursue long term company strategy, which may not be supported by shareholders’ emphasis on short term profitability. However in this case, Vedanta’s track record of human rights, environmental and financial violations, together with its already complicated financial structure, strongly suggests that de-listing is part of a policy to further limit public scrutiny of its operations.”

The report also includes a detailed diagram of Vedanta’s corporate structure, as it has evolved over the years, revealing the disproportionate number of shell companies registered in various tax havens, reflecting their opaqueness, contrary to their claim of being transparent.
Plaid Cymru MP Hywel Williams, who received a copy of the report, said:

“This is a deeply concerning and disturbing report. I will be taking note of its findings and seeking to ensure that MPs, policymakers and the Westminster Government are informed of its findings. The report once again emphasises the need for action by UK authorities to investigate and regulate London-listed corporations that carry out illegal and immoral acts overseas.”

In Goa, where all Vedanta’s operations are shut down due to a lack of appropriate permissions to operate, the State has begun the process of recovering value owed to it as a result of Vedanta’s illegal mining between 2007 and 2012. On 29th August this year Goa’s directorate of mines and geology issued a Rs 97.5 crore ($13.43 million) demand in respect of non payment of royalty for the financial years 2011-13.⁴

In Zambia, where the company was found guilty of a major pollution incident in 2006, and there is evidence of widespread transfer mis-pricing and tax evasion, Vedanta’s subsidiary KCM recently had its power supply partially cut by the Copperbelt Energy Corporation due to its refusal to settle a three month electricity bill5. Contractors and suppliers of KCM are also in a long term dispute with the company over non-payment of invoices.⁶

A prominent banner at today’s protest stating ‘Hall of Shame – the faces behind Vedanta’, pointed out the high level support the company has received from British and Indian former politicians and other figures. Vedanta Directors have included former High Commissioner of India – Sir David Gore-Booth, former Finance Minister of India – P. Chidambaram (who also appeared as counsel for Vedanta in a recent case7), former Home Secretary of India and Indian Ambassador to the USA – Naresh Chandra, mining mogul and former BHP Billiton CEO – Brian Gilbertson, former Rio Tinto CEO – Tom Albanese, and former Anglo American CEO – Cynthia Carroll. Former J. P. Morgan banker and one of the most well known dealmakers in London, Ian Hannam, advised on Vedanta’s listing as well as many of the City’s largest mining IPOs including Xstrata, BHP Billiton and Kazakhmys.

(1) Foil Vedanta is an independent grassroots solidarity organization focused primarily on the FTSE 250 British-Indian mining company Vedanta Resources PLC. Foil Vedanta targets the company in London where it is registered, as well as linking with people’s movements where Vedanta is destroying lives and devastating the land in India, Zambia, Liberia, South Africa and elsewhere.
(2) Vedanta Resources is a FTSE 250 diversified oil and mining company, who have been named the ‘world’s most hated company’ by the Independent newspaper for their long list of environmental and human rights crimes for which they are being opposed all over the world.9

1https://www.lusakatimes.com/2018/09/28/maiko-zulu-released-after-kcm-protest/
2https://en.wikipedia.org/wiki/Lungowe_v_Vedanta_Resources_plc
3https://timesofindia.indiatimes.com/city/madurai/its-official-217-hurt-during-anti-sterlite-protests-9-disabled-for-life/articleshow/64835110.cms?from=mdr
4https://www.firstpost.com/business/goa-slaps-rs-97-5-crore-penalty-on-vedanta-in-a-move-to-recover-gains-made-from-alleged-illegal-mining-5068961.html
5https://diggers.news/business/2018/08/30/cec-switches-off-power-at-kcm-for-failure-to-settle-electricity-bill/
6https://www.zambianpolitics.com/kcm-contractors-suppliers-complain-over-non-payments-zambian-politics-news/
7Chidambaram acted as counsel for Vedanta Ltd in a case regarding the illegal expansion of the Lanjigarh refinery. The judgment was in favour of SSNP. Vedanta Ltd vs Shenzhen Shandong Nuclear Power, pronounced on 31 August, 2018. High Court of Delhi, FAO(OS) (COMM) 35/2018 & CM APPLS. 8307/2018 & 11962/2018.

Courtesy: https://countercurrents.org/
 

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The press meet addressed by NSS leaders – Dodi Pusika, activists Jagili Pusika, Kuni Sikaka, Dama Pushika, Dasuru’s mother Sitari Kadraka, Saiba’s sister Palenge Pusika and others.

On the May 1, the police raided village Gorata at midnight and abducted 20-year-old Kuni Sikkaka, who happens to be the daughter in law of Dodi Pushika, the village headman as well as a highly respected leader of Niyamgiri Suraksha Samiti. Dasuru Kadraka (Village – Gorata, PS – Muniguda District – Rayagada) has been languishing in jail for more than a year now charged with several false cases. Saiba Pushika, a 17-year-old boy, also from Gorata village was similarly picked up from the market in February 2017, tortured and is now imprisoned in the Berhampur juvenile jail. In February 2016, Manda Kadraka, from village Dangamati, again a Dongria Kondh PVTG settlement, was shot dead by CRPF soldiers and was presented to the media as hardcore Maoist from Chattisgarh.

The statement states that:
“This is to bring to your attention that the Adivasi-Dalit members of the Niyamgiri Suraksha Samiti have been made a victim of a conspiracy between the Govt. and mining company Vedanta. We are being constantly intimidated and pressurized to succumb to the private company’s machinations, and the Police has been made an instrument to suppress us.

“We have been spearheading a movement to safeguard our life, livelihood and environment under the banner of Niyamgiri Suraksha Samiti for more than 12 years. We have opposed the mining of our sacred mountain, Niyam Dongar and the construction of the refinery by forcefully grabbing land. The sacred mountain Niyam Dongar is our tribe’s God and worshipped by millions of people. Our opposition and petitions to the apex environmental court, the National Green Tribunal, led to several investigative commissions as well as a historic referendum in the year 2013 as per the Supreme Court of India’s directives, where 12 villages in the Niyamgiri hills held Gram Sabhas that unanimously rejected the mining proposal. The Gram Sabha’s decision was further validated by the Supreme Court in its final verdict on the matter, mining has been banned in the Niyamgiri hills.

“Despite the Supreme Court’s decision, the company and State Govt. have colluded to intimidate the same people who had earlier unanimously rejected the mining proposal. As a result many of our people are being branded as Left Wing Extremists and members of the CPI-Maoist, which is a blatant falsehood. Vested interests supporting the company in the ruling party have influenced the local police to frame us and our organization, Niyamgiri Suraksha Samiti, as a CPI-Maoist front. This has led to random detention, torture and incarceration of our people. Being members of a Particularly Vulnerable Tribal Group, the Dongria Kondh, the people of Niyamgiri are guaranteed the highest form of protection by the Govt., but instead we are seeing even minors are not being spared from this heinous conspiracy.

“Dasuru Kadraka (Village – Gorata, PS – Muniguda District – Rayagada) has been languishing in jail for more than a year now charged with several false cases. He was the sole breadwinner of his family comprising of three small children, wife and an old mother. He was picked up from the Muniguda town market in March 2016 and later presented to the media as a hardened Maoist guerilla, which is a complete lie. He has been made to undergo extreme third degree physical torture as well as being subjected to electric shocks in custody.

“Saiba Pushika, a 17-year-old boy, also from Gorata village was similarly picked up from the market in February 2017, tortured and is now imprisoned in the Berhampur juvenile jail.

“On the May 1, the police raided village Gorata at midnight and abducted 20-year-old Kuni Sikkaka, who happens to be the daughter in law of Dodi Pushika, the village headman as well as a highly respected leader of Niyamgiri Suraksha Samiti. Later when Kuni’s family went to secure the release of Kuni Sikkaka, all of them were blackmailed by the SP and DIG to sign statements that they are surrendered Maoists. They were also forced to make false statements in front of the media. When they protested and told the truth to the media, the police manhandled and muffled them.

“We have already seen how a young student Manda Kadraka, from village Dangamati, again a Dongria Kondh PVTG settlement, was shot dead in February 2016 by CRPF soldiers and was presented to the media as hardcore Maoist from Chattisgarh. Only when pictures of his dead body published in the media reached his teachers it was revealed that they had killed the boy in a fake encounter and then tried to cover up by presenting him as a Maoist cadre from Chattisgarh. Drika Kadraka of Dhamanpanga village (PS – Muniguda) committed suicide in 2015 after he was tortured and threatened by the Police.

“This never-ending assault by the Odisha Govt and state’s  plice at the behest of the mining company Vedanta has destroyed the lives of many Adivasi Dalit people in Niyamgiri, where we no longer live fearlessly as we have for centuries in our homeland. Our life and livelihood has been disrupted by this concerted campaign to drive us away from our sacred ancestral land so that the mining company can take over. Today, we cannot go to the markets to sell our produce as the Police randomly picks our people and then slaps all sorts of cases against them, tortures them to make fake submissions, and then they languish in jail.

“While we were travelling to Bhubaneswar on the June 4 to submit this petition to the NCST, our Adivasi friends from nearby villages who were accompanying us were intimidated by the Muniguda Police Station and they had to turn back. Earlier the Muniguda police intimidated those who tried to help us in writing and lodging FIRs against the Police for abduction of Kuni Sikkaka, and other cases. The Police has also threatened us for going to Berhampur city to submit a memorandum to the Chief Minister via the RDC.

“Is Niyamgiri an occupied territory where democracy and Indian constitution have ceased to exist? Are the Adivasi people of Niyamgiri prisoners of Odisha police who cannot even step out of the area? Why is the Muniguda police not allowing the people to have access to the National Commission for Scheduled Tribes and the other legal recourses available to us? Is it a crime to raise matters of injustice?

“Instead of providing health facilities that can stop dozens of our tribe members dying from epidemics every year or education in Mother Tongue, the sole purpose of the Govt. in our area is to terrorize us.

“Therefore, we have demanded an inquiry by the National Commission for Scheduled Tribes to investigate the matter, punish the culprits responsible for terrorizing us, direct the Govt. to free our people languishing in jail as well as take measures to protect us from such political violence.

“We have also urged the NCST to look into the reasons why several resolutions and demands made during the 2013 Gram Sabhas have not been accepted. We demand that the entire Niyamgiri hills be rightfully declared as Dongria Kondh habitat area as per the Forest Rights Act 2006. We would also like the Govt to recognize the Niyamgiri Suraksha Samiti as per the Forest Rights Act as the official organization that is protecting Niyamgiri forest. Unless such action is taken, we fear the already marginalized population of around 8,000 Dongria Kondh people living in Niyamgiri, will get wiped out totally as a tribe.

“We would also like to emphasise that this conspiracy by the Govt and Vedanta has also endangered the lives of our leaders like Dodi Pushika (Village – Gorata), and Lado Sikakka (Village – Lakhpadar), who were also petitioners in the case against Vedanta. We have demanded that the National Commission for Scheduled Tribes should advise the concerned authorities to safeguard the life of our leaders.

“Today on June 5 when the whole world is observing World Environment Day, we the people engaged in protecting the environment are facing intimidation, torture, abduction, and wrongful incarceration by our Govt. itself. Even then Niyamgiri Suraksha Samiti will continue to campaign for the protection of the Niyamgiri hills that are home to hundreds of endangered flora and fauna species, as well as the source of rivers Vansadhara and Nagabali that sustain life for hundreds of square kilometers in Odisha and Andhra Pradesh. The Govt. needs to function like a democracy, we are fighting peacefully and using legal measures for our Constitutional rights. The Govt. has to stop this witch hunting of Adivasi Dalit leaders who are opposed to the nexus between the Govt and Vedanta.

English Translation of Press note and picture courtesy – Surya Dash. 

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New Delhi, April 24: Prafulla Samantara, National Convener, National Alliance of Peoples’ Movements and the leader of Lokshakti Abhiyan, Orissa has been awarded The Goldman Environmental Prize, Asia, 2017. The Goldman Environmental Prize honours the achievements and leadership of grassroots environmental activists for their sustained and significant efforts to protect and enhance the Natural environment.

He has been awarded the Prize for committing his life for the peoples’ struggle and the hardships that he has faced in the historic 12-year legal battle along with Niyamgiri Suraksha Samiti that affirmed the indigenous Dongria Kondh’s land rights and protected the Niyamgiri Hills from a massive, open-pit aluminium ore mine proposed by Vedanta.

Prafulla Samantara, 65, a socialist by thoughts, has been a part of many leading Peoples’ struggles, one of which is Anti-POSCO Movement (POSCO Pratirodh Sangharsh Samiti) in Orissa. POSCO planned to invest in the mining industry, the building of a Steel Plant, captive power plant and a port in Erasama block of Jagatsinghpur District. Along with the activists like Abhay Sahoo, Prashant Paikaray, Manorama, and many others, he stood against the land acquisition process by POSCO; and has fought the legal battle in the Courts.

He has undertaken Satyagraha, hunger fasts, padyatras, rallies against the building of Dams and Barrages and the emerging issues out of it on the upper stream of river Mahanadi. Living on the campus of Lohia Academy, Bhubaneshwar, he has kept its doors open for everyone and movements struggling for equity, justice and rights-based development. Respected by peoples’ movements and academics and intellectuals alike, he has given articulation to a socialist vision for Odisha and is an ardent advocate of the open loot of the natural resources of Odisha by corporations. He has been kidnapped, assaulted and attacked on many occasions by the mining company for his activism, and continues to receive threats for his ‘anti-development’ stance. But He stands strongly against such threats by believing in “We Shall Fight, We Shall Win!”

The National Alliance of Peoples’ Movements (NAPM) welcomes the decision of the Goldman Environmental Prize and congratulates Prafulla Samantara. This is an award for the valiant struggles of the communities to save the environment and secure their right to live with dignity and oppose destruction and loot of land, water and forest by corporations in the name of development.

Medha Patkar, Narmada Bachao Andolan – NAPM, while, congratulating Prafulla Samantara for winning this award said,“It is the victory and recognition of the struggle of the Dongria Kondh tribe, the people of Niyamgiri Hills and the Comrades like Lado Sikaka and Lingraj Azad against the big Corporates. It is a victory of the movement and everyone who over the years has contributed to this struggle.  Prafulla has proved his own commitment and courage to the world and this award succeeds in countering the false propaganda of the agencies who call it an extremist movement. This is a struggle of the poorest of the poor against the biggest corporations in the world. We are proud of and supporter of his work because he is a fighter” 

Related Stories:

1. Attempts to Kidnap Tribal Rights Leader Prafulla Samantara Foiled, Allegations of Corporate Crime
 

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An open letter signed by dozens of academics, authors and activists around the world has urged writers to reconsider attending the Vedanta Jaipur Literature Festival London 2016, saying the event's title sponsor is infamous for human rights violations around the world.

"Are you aware that Vedanta's activities are destroying the lives of thousands of people in Odisha, Chhattisgarh, Goa, Tamil Nadu, Rajasthan, Karnataka and Punjab and also in Zambia, South Africa and Australia?" the message asks prospective participants.

Vedanta Resources is a metals and mining company headquartered in London, and has often been under scrutiny for its human rights and environmental record. The allegations against it include dangerous working conditions, destruction of crops, unlawful exports and widespread environmental damage, among others.

The open letter raises the issue of ‘accidents’ at the company's factories, its irregularities in obtaining environmental clearances and its efforts to out-muscle locals in legal battles, citing examples from Chhattisgarh, Odisha, Goa and Rajasthan. The letter blames Vedanta for trying to seek legitimacy and "create favourable public opinion" by sponsoring events such as the Jaipur lit fest and the International Film Festival of India.

"Literature does not exist in a vacuum" and that writers and artists "also have responsibilities". It urges writers to "withdraw from involvement in this discredited and damaging PR campaign, rather than lending [their] name to it".

The full text of the letter date May 12, 2016:
 

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The SC turned down this attempt. In a setback for Odisha government that virtually sought reconsideration of the Supreme Court ruling three years ago against mining in the state’s tribal-inhabited Niyamgiri hills, the apex court said on Friday that local gram sabhas can’t be reconvened to take a re-look at whether mining in the locality “would tantamount to infringement of the religious, community and individual rights of local forest-dwellers.”

Yesterday, on May 7, a SC bench headed by Justice Ranjan Gogoi said that it is not inclined to entertain the application. All aggrieved parties shall challenge the decision of gram sabhas and the subsequent refusal of environmental clearance by the Ministry of Environment and Forests (MoEF) before an appropriate forum, it said. Senior counsel CA Sundaram, appearing for the state government, argued that the gram sabhas had failed to take into account the court’s directive to consider the cultural and religious rights of the tribals and forest dwellers living in Rayagada and Kalahandi districts, but have gone beyond their mandate by deciding against mining in the hills. However, the court said that “that is in your perception. The conclusion is that people don’t want mining and then the II stage (environmental) clearance can’t be given.”

On April 11 this year, Sabrangindia had reported how human rights defender, Prafulla Samantara, President, of the  Lok Shakti Abhiyan and Convenor of NAPM was allegedly set upon by goons hired by the Vedanta company on April 6, 2016 and was rescued by the timely intervention of the villagers. The struggle of the Adivasis in the Koraput district of Odisha where Gram Sabhas of five villages have rejected the proposal of mining of the Niyamgiri hills by Vedanta and where allegations of police-govrnment-criminal nexus is threatening the fundamental rights of Adivasis. This attack on Prafulla Samantara is being seen by human rights activists as a bid to break the back of tribal unity that has stood firm against efforts by the corporate giant to get Gram Sabhas to change their stand on bauxite mining in the region

April 2016
The Supreme Court directed the Odisha government to file a fresh petition on Niyamgiri miningafter it had tried the irregular route of filing an interlocutory application to re-open the Supreme Court’s decision on this case without making Gram Sabhas a party. The Odisha government’s move for mining in the Niyamgiri hills received a jolt today with the Supreme Court of India directing it to file a fresh petition making all the affected and interested sides as parties in the application.

February 2016
In February 2016, in a questionable move, Vedanta moved the Supreme Court to, essentially, re-visit the judgement of April 2013. This application had not even made the Gram Sabhas parties to the application. This move was made through an interlocutory application in the Supreme Court. The historic judgement of the Supreme Court of India, giving primacy to the rights of tribals, the indigenous peoples, can be read here. 

The Adivasi people of Niyamgiri observe an unique protest-prayer-celebration atop the sacred hill to oppose the mining and refinery project.

These Videos Tell the Unique Story of the Adivasi Struggle to Preserve the Natural Environment

Victory March of Adivasi Dalit Bahujan of Niyamgiri after the Supreme Court accepted the Gram Sabha’s unanimous decision to cancel mining lease to Orissa Mining Corporation & Vedanta.

the Dongria Kondh movement to Save Niyamgiri, Music: Mili Bhagat

An animation depicting the Adivasi (Original inhabitants of the land) life in Orissa and their anti-mining struggles. The artist pays tribute to the men, women and children who have been shot dead by the police since 2001 for resisting mining and industrial activities on their land in Kalinga Nagar and Kashipur. The illustrations are in Idital (Saora Adivasi art) and music is from the Koya and Bonda Adivasi.

Against Police Atrocities in Niyamgiri, Year 2013

Video Source: Video Republic / Surya Shankar
 

The post SC Rejects Odisha Govt Plea for Mining in Niyamgiri: Watch 6 videos on Save Niyamgiri Struggle appeared first on SabrangIndia.

 
Human Rights Defender, Prafulla Samantara, President, of the  Lok Shakti Abhiyan and Convenor of NAPM was allegedly set upon by goons hired by the Vedanta company on April 6, 2016 and was rescued by the timely intervention of the villagers

There is an appeal to the national media to turn the spotlight on the Koraput district of Odisha where Gram Sabhas of five villages have rejected the proposal of mining of the Niyamgiri hills by Vedanta and where allegations of police-govrnment-criminal nexus is threatening the fundamental rights of Adivasis

This attack on Prafulla Samantara is being seen by human rights activists as a bid to break the back of tribal unity that has stood firm against efforts by the corporate giant to get Gram Sabhas to change their stand on bauxite mining in the region

April 2016
The Supreme Court directed the Odisha government to file a fresh petition on Niyamgiri mining after it had tried the irregular route of filing an interlocutory application to re-open the Supreme Court’s decision on this case without making Gram Sabhas a party. The Odisha government’s move for mining in the Niyamgiri hills received a jolt today with the Supreme Court of India directing it to file a fresh petition making all the affected and interested sides as parties in the application.

February 2016
In February 2016, in a questionable move, Vedanta moved the Supreme to, essentially, re-visit the judgement of April 2013. This application had not even made the Gram Sabhas parties to the application. This move was made through an interlocutory application in the Supreme Court. The historic judgement of the Supreme Court of India, giving primacy to the rights of tribals, the indigenous peoples, can be read here.

November 2015
In November 2015, tribals had united, again to oppose mining in Niyamgiri Hills The Hindu had reported that organisations like Niyamgiri Surakshya Samity (NSS), Lok Sangram Manch (LSM) and All India Kisan Mazdoor Sabha (AIKMS) have decided to restart organising people’s movement against alleged attempt of Odisha government to revive proposal of bauxite mining in Niyamgiri hill range. These organisations had played a key role during the agitation of Dongria Kondh tribals against the mining of this hill range. As per some reports in media, the State government is planning to reconvene Gram Sabhas in Niyamgiri region with an aim to get permission for bauxite mining. It may be noted that in July and August 2013, Gram Sabhas had been held in villages of Niyamgiri hill range under judicial supervision because of direction of the Supreme Court. Tribal inhabitants of this region had rejected bauxite mining plan in the region for Vedanta Alumina Limited (VAL).

August 2013
In August 2013, months after the landmark judgement by the Supreme Court, all12 villages in the Niyamgiri Hills of Orissa have rejected Vedanta Resources’s proposal to mine bauxite in the region after a decade-long battle between tribespeople and the London-listed mining company run by NRI Anil Agarwal.All Niyamgiri villages turn down Vedanta’s mining proposal.
 
April 2013
The April 2013 judgement of the Supreme Court giving tribal rights primacy over corporate mining was hailed as a breakthrough for indigenous people’s rights as well as a step forward for safeguarding the environment, Indigenous (Adivasi) communities will have the final decision on plans for a bauxite mine by a subsidiary of UK-based Vedanta Resources in the Niyamgiri hills of Orissa is a landmark victory in recognizing indigenous rights in India, Amnesty International said today. A 670-hectare bauxite mine was due to have been developed on the Dongria Kondh Indigenous community’s traditional lands and habitats which they consider sacred. "The Dongria Kondh community, whose identity is fully dependent on these hills, has been fighting for the survival of their way of life for a decade. The mine would have resulted in violation of their rights as Indigenous peoples, as well as their rights to water, food, health, work, amongst others.
 

Prafulla Samantara’s Account:

On April 6, 2016, I was returning from village Masiput of Koraput district attending a meeting of people belonging to five villages who have been opposed to mining on a small hill named Dangadeula on which the villagers depend for domestic animal feed, clean water from streams and also fuel for kitchen.

While I was on my way, 10 young goons, allegedly hired by Vedanta Company tried to kidnap me and take me away essentially to prevent me from attending meetings with villagers all opposed to mining by Vedanta. Meanwhile the villagers, after getting information, rushed to the spot and the goons freed me to go.

Again, the same afternoon, some musclemen, known to be involved in antisocial activities came to my room in a hotel in Koraput and threatened me. They warned me against support and solidarity to the local people who have been resisting destructive mining of bauxite on the Dangadeula  hill. I firmly replied that force could not stop me from my active support and solidarity to the people who were once displaced by the Upper Kolab reserviour. The bauxite mining will not only destroy homes and livelihood but will impact on local water streams that will dry up, impacting –not just polluting – the quantity of water in the Kolab reservoir.

I have observed that in many districts of Odisha where my work takes me and where bauxite ore is available, there are repeated attempts from what I believe is the Vedanta Company –and their hired men – to launch attacks on me, physically. This is nothing but a criminalisation of the corporate regime.

This is the fourth time that Vedanta has attempted a physical attack on me and other friends. Meanwhile the government of Odisha is trying to go in for mining in the Niyamgiri Hills, even after the Gram Sabhas of the Donguria tribals had rejected mining after the historical judgement of the Supreme Court in 2013. Simultaneously, police repression is also increasing every day in the Niyamgiri Hills by which innocent tribals who resist Vedanta Company being victimized and even detained and arrested on false charges. There have been even instances of some extra judicial killings.

Each time I have meeting to attend meetings with tribals and their supporters in towns like Bhawanipatna, Koraput, Rayagada, the company’s hired goons and some agents are using intimidation — threats —to conspire to attack me physically. Some top police officers have also been involved in vicious propaganda against me in a bid to mislead other local activists with baseless allegations that I am a Maoist!

This is ridiculous as I take inspiration from the ideology of democratic socialism with ideals Mahatma Gandhi, Dr. Rammanohar Lohia, Jayprakash Narayan and Dr. Baba Saheb Ambedkar. The intention of police officers is to pressurize local activists and populations not to be associated with anti corporate struggle.

This is a cruel example of criminalisation of the police administration for private, corporate profits at the cost of democratic values and constitutional right to life and livelihood.

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