13th October 2017. Judges today threw out Vedanta’s appeal to the May 2016 High Court judgment allowing Zambian farmers to have their case against the company heard in the UK. The judgment adds further weight to precedents holding UK companies legally responsible for the actions of their subsidiaries.
Judges today released their verdict on Vedanta’s appeal in the case of the Chingola communities suing UK company Vedanta Resources, and their Zambian subsidiary Konkola Copper Mines (KCM), for pollution causing illness and loss of livelihood.
Press coverage: New York Times – Zambian Villagers Win Right to Sue Vedanta in English Courts
Newsclick – Zambian villagers can now sue Vedanta in England over poisoning their water.
Legal analysis at Lexology.com – Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims
Dongria Kond leader Lado Sikaka speaking to press
7th June, 2016. A seven day padyatra (foot march) involving occupants of up to 112 of the remote villages of the Niyamgiri hills ended on Sunday in Jaganathpur (Lanjigarh). The padyatra, led by the Niyamgiri Suraksha Samiti and indigenous leaders from the villages, amplified demands to decommission Vedanta’s Lanjigarh refinery and celebrated the recent victory when the Supreme Court turned down Vedanta’s appeal to the decisive 2013 referendums which had put an end to mining plans on the mountain, as well as protesting the ongoing harassment from the company and the colluding state government and police forces. Various local and national Indian media covered the major event which ended in a large rally on World Environment Day, 5th June. The Orissa Post reported that:
Coming down heavily on the government, Loda Sikaka, a member of the Samiti, said the government has unleashed a reign of terror on the foothills of Niyamgiri by deploying platoons of paramilitary forces and special operation group japans.
CRPF and SOG jawans, instead of checking Maoist activities and providing security to inhabitants, kill poor tribals under cover of encounters. They misbehave with tribal women, loot their houses, domestic animals and poultries, lodge false cases against innocent people by branding them Maoists. The most worrying factor us that the government is conspiring to snatch the livelihood of tribals by leasing out the hills to Vedanta for bauxite mining.
The procession aimed at gaining public support against alleged anti-tribal activities of the government. It also aimed at urging the government to ensure sustainable development of the region while keeping the ecology intact.
The fighting is not limited to this specific region. It is a struggle of the humanity to protect nature and civilisation, Dadhi Pusika, another member of the Samiti, said.
3rd August Seven global locations in India and Africa held angry protests today and over the weekend opposing the activities of British-Indian mining company Vedanta while Vedanta’s AGM at Ironmongers Hall, Barbican, London was mobbed by a loud rally organised by Foil Vedanta, accusing the company of pollution, human rights abuses and financial mismanagement. In London a comical staged boxing match between Vedanta’s 69.6% owner and Chairman Anil Agarwal and new CEO Tom Albanese, revealed the company’s debt problems and internal dynamics while protesters chanted ‘Corporate criminal, shame on you!’ and drummed loudly. Vedanta’s share price has slipped 61% this year to 377p, and continues to dive as Q1 results show increased debt, and Cairn India minority shareholders oppose their attempt to merge with the oil and gas subsidiary to gain access to its $2.6 billion cash reserves for debt servicing.
See the film of London protests and more pics at Demotix..and here and here.
See coverage in the Economic Times of India, the Hindu Business Line, the New International , Odisha Channel , Odisha Sun Times and the Lusaka Times.
See an account of the AGM shareholders meeting here.
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.”
29th June 2015. Representatives from Foil Vedanta, Women of Colour in Global Women’s Strike, Black dissidents, All Africa Women’s Group, Sorry you Feel Uncomortable, Survivial Guides and Parai Voice of Freedom today opposed the 6th Annual Responsible Extractives Summit at the Tower Bridge Hilton Hotel in London today. They held a theatrical trial of some of the conference attendees and key public figures from the mining industry and NGOs behind the concept of ‘responsible mining and oil and gas’. Protesters wearing masks of Former Shell Executive and UN Global Compact founder Mark Moody Stuart, post-war mining profiteer Tony Blair, Vedanta CEO and former Rio Tinto CEO Tom Albanese, mining-fixer in Iraq and Afghanistan Ian Hannam, and NGO financier and former business magnate George Soros were found guilty of a list of crimes against humanity and the environment by a woman dressed as a judge in full robes and wig.
Join us for the 11th annual Global Days of Action against Vedanta Resources and its subsidiaries.
On Monday the 3rd of August we will hold a loud and colourful demonstration outside Vedanta’s Annual General Meeting in London in solidarity with the many communities suffering pollution, illness, oppression, displacement and poverty as a result of Vedanta’s operations.
In the days leading up to this event communities suffering from Vedanta’s operations across India and Afrika will hold rallies and meetings as part of the Global Days of Action against Vedanta. News of these protests will be spread via press and social media and shared between affected communities who are joined in this global movement opposing this careless corporate, and all profit-driven corporates colonising and polluting our planet.
Join us in London with drums and placards on Monday 3rd of August, 2pm at Ironmongers Hall, Barbican, EC2Y 8AA.
Download the AGM 2015 flyer here.
Please join us to oppose the 6th Annual Responsible Extractives Summit at Tower Bridge Hilton on Monday 29th June.
Expose crooked executives from Shell, Vedanta, Rio Tinto, JP Morgan, Bechtel and more, co-opting UN’s human rights mechanisms and using sustainability and CSR spin to cover up their extensive and ongoing crimes against humanity and the environment.
Monday 29th June, 12 midday. Hilton Hotel, Tower Bridge, London, SE1 2BY.
Bring drums and placards!!
download the flyer here: Responsible Extractives demo flyer
More info on the true neocolonial faces of the key speakers at the event:
2nd April 2015. The Supreme Court of Zambia today upheld a 2011 High Court verdict which found Vedanta (KCM) guilty of water pollution which poisoned thousands of Chingola residents in 2006(1).Meanwhile in London protesters held a vigil outside outside the Zambia High Commission, drumming and holding banners in solidarity with the victims of Vedanta’s water pollution. The judgement will be officially read out in court in seven days time.
The High Court had awarded 10 billion kwacha in total to 2000 claimants who had suffered illness and liver and kidney damage as a result of drinking the water.(2) However Vedanta challenged the decision which was not re-heard until June 2014. Today’s judgement delivered some justice to the poisoned victims after eight long years wait, but will not award compensation until an assessment is carried out by the High Court Deputy Registrar. This is likely to reduce the total award since the claimants were only able to show twelve medical reports which they had been able to obtain at the time of the pollution incident. The High Court had previously ruled that these twelve reports were indicative of the damage caused to all residents who had drunk the water, and had heard testimonies from victims who were unable to obtain medical reports from the doctors (many of whom worked in Vedanta sponsored medical centres).
James Nyasulu, a poultry farmer from Chingola and the lead claimant in the case reacted to the judgement today:
“The court should have stood firm and fully supported the High Court judgement. Compensation should even be increased due to the damage done to our health and interest on the original award. The poison we drank violated our right to life, but the court is treating life as cheap. Citizens of this country cannot be treated as guinea pigs for investors.”
A speech originally given at the Foil Vedanta & Centre for World Environmental History Activist Academia forum, September 13th 2014.
I would like to start by saying that since the two world wars the leading powers have learned nothing. Its the same old squabbles: religion and material wealth. Scottish independence could be the thin end of the wedge in clearing the way for nuclear reduction. As I understand it the rest of the UK has no appropriate facility that can accommodate Trident or its replacement. I hope you would agree that these weapons are a destructive nightmare which keep the economic justice of the common man’s welfare down, as the billions spent on a weapons of defence can only encourage others to equip themselves with the same, only a little more powerful. Why? in ‘defence’. As I hope you’ll agree there are so many avenues in which these beneficial funds could be distributed in the many places of the world we know of which are pillaged for the resources required to maintain the armaments industries where the economic bodies of the world are embroiled. The question is how do we fix it?
12th May 2014. A video released by activists from Foil Vedanta today, shows Vedanta boss, and 69% owner, Anil Agarwal, telling a large audience how he bought Konkola Copper Mines in Zambia for just $25 million, rather than the $400 million asking price, and receiving loud cheers when he states that the company brings in $500 million in profit each year. Foil Vedanta had previously released figures from Vedanta’s annual reports showing that the company made $362 million in 2013, but Vedanta CEO Tom Albanese had disputed this during his visits to Zambia in February, repeating the previous claim that KCM was making a very low profit or a loss due to high operational costs and taxes.
The video’s revelations have been widely discussed by the Lusaka Times, and opposition politicians in Zambia.
In the video, Agarwal, speaking to the Jain International Trade Organisation (JITO) in Bangalore, India, March 22 – 23 this year, states about KCM:
“Its been 9 years [since we’ve owned the company], and since then every year it is giving us a minimum of 500 million dollar, plus 1 billion dollar, every year it has been continuously giving back.”