The Supreme Court
today announced its verdict in the landmark case ofthe
Zambian communities consistently polluted by Konkola Copper Mines
(KCM), a subsidiary of British miner Vedanta Resources Plc, allowing
them to have their case against the parent company and its subsidiary
tried in the UK. The ruling sets a strong legal precedent which will
allow people with claims against subsidiaries of British
multinationals to sue the parent company in the UK.
The judgment by Chief
Justice Lady Hale, and four further judges, re-affirms the rulings of
the Court of Technology and Construction in 2016 and the Court of
Appeal in 2017. Lady Hale refused Vedanta’s pleas in appealing the
former judgments stating that, contrary to the claims of Vedanta’s
the claimants do
have a bona fide claim against Vedanta
the company does owe a duty of care to the claimants, especially in view of the existence of company wide policies on environment and health and safety.
that the size and complexity of the case, and the lack of funding for claimants at ‘at the poorer end of the poverty scale in one of the poorest countries of the world’ means that do not have substantive access to justice in Zambia.
Court room 1 of the British Supreme Court was packed with journalists, solidarity activists, law students and other observers over the two day hearing, sitting in rows behind the legal benches. Each law firm was represented by two or three QCs as well as five or so advising lawyers sitting in the second row. In front of them five judges were seated behind a semi circle bench facing the rest of court. The ornate and grand stone building of the Supreme Court is located directly opposite the Houses of Parliament across Parliament Square. The court room itself is high ceilinged, with large stained glass windows, paintings of historic judges and extremely ornate carved stone and woodwork throughout the walls, ceilings and benches.
The latest hearing in the case of the Zambian communities consistently polluted by Konkola Copper Mines (KCM), a subsidiary of British miner Vedanta, was heard at the British Supreme Court on 15th and 16th January 2019. A vigil organised by solidarity organisation Foil Vedanta took place outside the court throughout the event in solidarity with the victims of ongoing pollution who have been fighting legal battles for justice in Zambia, and now the UK, for twelve years.
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.
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.