7th September. This year was Vedanta’s 14th AGM, since registering on the London Stock Exchange in December 2003, and the 14th year that dissident shareholders have attended the meeting to hold the company to account for their environmental and human rights abuses. The minutes published by activist shareholders every year, documenting the company’s response to these, and other questions, represent important disclosures on Vedanta’s operations, finances and legal issues. Please spread them far and wide!
Minutes of Vedanta Resources’ 2017 AGM
In the beginning
1. After lengthy introductory remarks, the Chair, Anil Agarwal, opened the meeting. He called 2017 a year of great potential for Vedanta, noting they were now the sixth largest diversified resources company. He claimed that since 2003 the group has returned over £2 billion to shareholders, and heralded Vedanta’s positioning, because India and Africa give a unique opportunity for growth. While other companies look to China, he said, Vedanta has India, which is the fastest growing country in the world. Vedanta claims to be one of the biggest tax payers in India. By way of demonstrating his political connections in India, Mr. Agarwal noted he was able to join the Indian State visit to South Africa.
2. He assured shareholders that safety across the company continues to be a priority, claiming again that they are making zero harm, zero waste and zero discharge the ultimate goal. There is some way to go, but he claimed they will not stop until they have achieved this. Agarwal highlighted the ‘challenge’ of climate change and claimed that Vedanta takes its responsibility to society seriously, with various claims to be helping up to 2 million people, especially women and children. In July the company had held its third annual sustainable development meeting with various stakeholders in London. They claimed to welcome ongoing dialogue with NGOs, governments and stakeholders.
A worker at Alcoa’s smelter
This special report by Miriam Rose originally appeared on Saving Iceland website.
In 1969 the first of three aluminium smelters was built in Iceland at Straumsvík, near Hafnafjörður, on the South West side of Reykjavík by Alusuisse (subsequently Rio Tinto-Alcan). In 1998 a second smelter was constructed by Century Aluminum (now a subsidiary of controversial mining giant Glencore), at Hvalfjörður near Reykjavík, and in 2007 the third, run by Alcoa, was completed at Reyðarfjörður in the remotely populated East of the country. The Icelandic Government had been advertising the country’s vast ‘untapped’ hydroelectric and geothermal energy at ‘the lowest prices in Europe’ hoping to attract jobs and industry to boost Iceland’s already very wealthy but somewhat fishing dependent economy. The industry, which would permanently change Iceland’s landscape with mega-dams, heavy industry scale geothermal plants and several kilometer long factories, was promoted by the Icelandic Government and the aluminium companies as ‘good employment for a modern age’. However, ten years after the flagship Alcoa Fjarðaál project was completed, unemployment is higher than it was in 2005, and Iceland’s economy has become dependent on an industry which is vulnerable to commodity cycle slumps and mass job losses. Worse, the price charged for Iceland’s energy is tied to the price of aluminium and analyses of the country’s 2008/9 economic crisis suggest it was exacerbated by the poor terms of Iceland’s late industrialisation. Yet demands for further industrialisation remain, and more than 1000 Icelanders are employed in the aluminium sector.
This article exposes the conditions inside Iceland’s aluminium smelters based on interviews with workers conducted in 2012. The stories from two smelters share correlating accounts of being forced to work in dangerous conditions under extreme pressure, and without adequate safety equipment, leading to serious accidents which are falsely reported by the companies. These shocking allegations require serious attention by the trade unions, Icelandic government and health and safety authorities. This especially in the current context of labour disputes with the aluminium companies, alongside revelations about the same companies’ tax avoidance schemes and profiteering in the country.
Freddy Muntete in his garden
July 20th 2016. In October 2015 Foil Vedanta visited Vedanta’s Zambian subsidiary Konkola Copper Mines (KCM) for the second time to investigate the legacy of pollution that has destroyed the environment and livelihoods around Chingola since 2004, when Vedanta bought controlling shares in KCM. KCM is Africa’s largest copper mine and the largest mining company in the copper dependent economy of Zambia. Our 2014 report Copper Colonialism: Vedanta KCM and the copper loot of Zambia exposed some of KCM’s major corporate malpractices including large scale tax evasion and mis-declaring profits, labour rights violations, and gross pollution which has continually contaminated the river Kafue causing sickness and loss of livelihood for tens of thousands of Zambians. We accused Vedanta and the UK government, which has given KCM active and tacit support, of neo-colonialism and of treating Zambian lives and environment as cheap.
East 1st Street, only 50m from the smelter
We were particularly shocked when we visited KCM’s Nchanga smelter in the heart of Chingola town, to see communities living less than 50m away from the fume belching and extremely noisy smelter. KCM is less known for emitting toxic fumes than Swiss miner Glencore’s Mopani smelter in nearby Mufilira town which causes misery for the residents of Kankoyo district, but walking along East 1st Street and 2nd Street which run directly along the factor wall our eyes immediately began burning and itching and we developed headaches and sore throats within a few minutes.
Residents of Nchanga South explained how the plant was built in 2006 without any prior consultation with the community, who were only aware of the development when they saw construction taking place. The construction of the smelter encroached into their community as the factory wall was moved out, covering 1st Street, which had previously run alongside the wall, and instead building a new wall directly behind the resident’s plots, bringing the polluting plant right up to their garden walls. When the community (many of whom work for KCM) met with representatives to voice their concerns about fumes and pollution from the smelter they were told it was a modern plant with no detectable fumes and would have no impact on them.
5th May 2016 With $2.9 billion in debt covenants and inter-company loans due in 2016 Vedanta is turning to increasingly controversial and irregular methods to bleed cash from its few profitable subsidiaries. Having already asset stripped the Zambian Konkola Copper Mines, being prevented by an employees union from getting access to Hindustan Zinc Ltd’s $4.6 billion cash reserves, and by shareholder action from getting hold of Cairn India’s cash, Vedanta are now paying themselves ridiculous 1200% dividends in a desperate attempt to grab the cash and keep the lenders happy.
Scientists sample toxic sludge seeping from the Muntimpa tailing dam into the environment in 2011
19th February 2016. In October 2015 Foil Vedanta visited Vedanta’s Zambian subsidiary Konkola Copper Mines (KCM) for the second time to investigate the legacy of pollution that has destroyed the environment and livelihoods around Chingola since 2004, when Vedanta bought controlling shares in KCM. KCM is Africa’s largest copper mine and the largest mining company in the copper dependent economy of Zambia. Our 2014 report Copper Colonialism: Vedanta KCM and the copper loot of Zambia exposed some of KCM’s major corporate malpractices including large scale tax evasion and mis-declaring profits, labour rights violations, and gross pollution which has continually contaminated the river Kafue causing sickness and loss of livelihood for tens of thousands of Zambians. We accused Vedanta and the UK government, which has given KCM active and tacit support, of neo-colonialism and of treating Zambian lives and environment as cheap.
In 2015 an eight year long legal battle by 2000 contaminated residents finally ended when the Supreme Court of Zambia confirmed the High Court’s opinion that KCM was guilty of ‘gross recklessness’ and damaging villagers’ health. However, the $2 million in damages earlier awarded by the High Court was removed, leaving the residents short of real justice. Subsequently London law firms have filed for damages from Vedanta Resources on behalf of approximately 3000 of the contaminated villagers, and the shocking story of ten years of pollution has reached the Guardian and BBC. However, many thousands remain un-represented and there is no guarantee that the pollution will stop in the event of a settlement. This article gives voice to some of the victims of KCM’s ongoing water pollution whom we met around Chingola, where KCM’s Nchanga open pit and underground mines, concentrators, Tailings Leach Plant, and smelter are located, and details KCM’s sheer disregard for life in Zambia despite several criminal prosecutions for contamination. KCM’s air pollution will be the subject of a separate article.
A placard addressing NGO’s role in Zambia
A short version of this article was published in The Land magazine’s summer edition 2015. A PDF of the full version below can be downloaded here:Northern Governmental Organisations.
Northern Governmental Organisations: between the free market and the nation state
Samarendra Das and Miriam Rose
The NGO sector is one of the world’s largest industries. In 2009 there were 3.3 million NGOs (or 1 for every 400 people) in India alone, with money pouring in from Intergovernmental Organisations (IGOs), Western donor agencies and philanthropic funds.
Though some critiques of the big NGOs and humanitarian aid have reached the mainstream media in recent years, the general Western perception is that NGOs are doing important and effective work on behalf of millions of deprived people without a voice.
This article gives an alternative perspective. Based on conversations with grassroots activists and marginalised communities in India and Africa over many years of our work on extractive industries, we draw together the common critiques of advocacy and development NGOs in the ‘Third world’ or ‘global South’ – from their role in dividing and co-opting people’s movements by professionalising activism, to their lack of accountability to the people they claim to represent. We show that, behind the ‘rights based’ rhetoric, NGOs consciously or unconsciously serve the neoliberal interests of donor countries, institutions, and even companies.
modern technology: Australian iron ore being loaded onto ships
12th August 2015. This editorial on the ecological economics and social impacts of the global mining industry was published in the July/August edition of the socialist Hindi magazine Samayik Varta. Please click the link to read it in Hindi or download a PDF version of the article here: Prosperity or plunder? The real story behind the global mining industry
Prosperity or plunder?: The real story behind the global mining industry
Samarendra Das and Miriam Rose, Foil Vedanta
Foil Vedanta is a grassroots international solidarity group based in London. We aim to hold the FTSE 250 UK listed company Vedanta to account by building a global movement of communities opposing its operations, and using scholar activism to expose the real interests behind Vedanta and other mining companies. In 2014 our report Copper Colonialism: Vedanta KCM and the copper loot of Zambia, which followed our visit to Zambia, ignited protests and helped change Zambian mining policy.
A history of mining:
Scientists still don’t fully understand how the deposits of precious metal in the Earth’s surface were formed, but the most recent theory suggests that they were brought to the Earth by enormous meteors which smashed into the planet 200 million years after the earth formed (4.3 billion years ago). The earth’s crust is mostly made up of Oxygen (47%) and Silicon (28%), followed by Aluminium (8%) and Iron (5%). Other metals are much more rare; Copper makes up 0.01%, Zinc 0.004%, Lead 0.002%, Tin 0.001%, Thorium 0.001%, Uranium 0.0004%, Silver 0.00001% and Gold 0.000001%. Only a fraction of these percentages are to be found in densities which are economically viable to extract.
In other words, metals are a very rare and very precious resource on our planet, and are completely irreplaceable. However, in 2014, after only a century of industrial scale mining, the speed and scale of extraction of metals has become so immense that most metals are predicted to run out in the next few decades. For example between 1.1 and 1.3 billion tonnes of aluminium has been extracted historically (until 2014), and at the current extraction rate of 40 – 46 million tonnes per year the remaining 8 billion tonnes will be used up in 20 – 40 years.
Sesa Goa mine waste flood at the peak of the mining boom in 2009
14th July 2015. Krishnendu Mukherjee, Barrister and Advocate at Doughty Street Chambers, has been very involved in exposing the gross scale illegal mining carried out by Vedanta subsidiary Sesa Goa, and other iron ore miners in Goa. This article is a detailed analysis of the manipulations of legal procedures and previous judgements by mining companies and their government and judicial stooges, currently taking place in a desperate attempt to re-start mining in Goa.
Sesa Goa’s Sanquelim mine, a demonstration site of proper mine closure, but Sesa Goa have not reclaimed any of their other closed mines.
Meanwhile in Goa, mining dumps which are the result of illegal mining are being auctioned off, and local residents in Caurem claim that companies are taking away twice the amount of reject ore-bearing material as they are buying. Once a mine lease is terminated mined land should be reclaimed by the leasing company (as according to mine closure plans) and then returned to the state. However in a recent interview published in The Hindu’s Business Line, Vedanta CEO Tom Albanese is quoted as saying: “We are waiting for clarification on some environmental issues. We have been dumping waste on the land we bought, but we have been permitted to dump waste outside lease areas. We want clarification on whether it will be a proper mining practice to do so.” This slip of the tongue by Albanese raises an important question: Do mining companies intend to enact Mine Closure Plans and give the leased land back to the state at all? If not will they attempt to develop the land or sell it on to another buyer? These are important questions to be asked in Goa, where 18% of the state is affected by mining.
A Critical Legal History of Mining in Goa
by Krishnendu Mukherjee
On the 12.8.11, the High Court of Bombay at Goa, delivered a landmark judgment in relation to environmental protection. In Shankar Raghunath Jog v Talaulicar and Sons Pvt Limited and Union of India PILWP 6/2011, the High Court interpreted the Environmental Impact Assessment Notification (EIA) 1994, Paragraph III (c) provides the following:
“The [environment] clearance granted shall be valid for a period of five years from the commencement of the construction or operation of the project.”
Mushishima Stream, polluted by Vedanta KCM
2nd June. This article also appeared in the Lusaka Times on May 19th. On 2nd April the Supreme Court of Zambia upheld a precedent High Court verdict that Vedanta subsidiary Konkola Copper Mines (KCM) is guilty of major water pollution which turned the Kafue into a river of acid in 2006 and poisoned thousands of people, some of who have suffered long term impacts to their liver, kidneys and other functions(1). But the $2 million compensation originally awarded by the High Court to 2001 victims who self organised to sue KCM, has been reduced to virtually nothing, denying them their long due justice.(2)
Now lead claimant James Nyasulu has been receiving threats and harassment from agents working on behalf of KCM, telling him not to fight this multinational company, which has connections in the judiciary.Nyasulu and the committee of claimants have evidenced multiple incidents of procedural irregularities, bribery and corruption during their nine year struggle for legal redress:
7th February 2015 The New York Times has published an exposé of Vedanta boss Anil Agarwal as part of a series on the people behind shell companies buying up New York real Estate, entitled ‘Towers of Secrecy’ by Louise Story and Stephanie Saul. The section on Vedanta is copied below and the full article is highly recommended.
Like most Time Warner owners, Anil Agarwal, an Indian mining magnate, is anonymous in New York. While interviews and private documents reviewed by The Times confirm he is behind condos purchased by the Amantea Corporation for $9.1 million in 2004, his name appears nowhere on public records. The deeds for Amantea’s Time Warner condos — one on the “maids floor” and another with sweeping views of Central Park — are signed by a New York lawyer named Constance Cranch. When contacted, she said: “You cannot say anything with respect to me. It’s a client of mine’s apartment, and I pay their bills.”
For all the secrecy at Time Warner, Mr. Agarwal is hardly private about his wealth. He spends much of his time in London and told a newspaper in 2005: “I have to have a Bentley, the best of chauffeurs and butlers.”
But Mr. Agarwal and his company, Vedanta Resources, are known in some parts of the world for having left financial and environmental problems in their wake.