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.
Outside the court entrance a vigil
organised by Foil Vedanta continued throughout the two day hearing.
Protesters held large green banner stating ‘Make Pollution Political:
Justice for Zambia’ and a variety of placards with images of the
pollution and some of the claimants in the affected villages.
Cherie Blair, wife of former British PM
Tony Blair attended the first day of hearing, telling protesters
outside she was there to support the case for UK jurisdiction.
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.
The court heard Vedanta’s second appeal against the High Court’s jurisdiction ruling in the case of Dominic Liswaniso Lungowe vs Vedanta Resources and Konkola Copper Mines. Vedanta attempted to overturn the High Court and Court of Appeal rulings which held that the case of 1,826 polluted farmers against the company and its subsidiary Konkola Copper Mines could be heard in the UK instead of Zambia. The case could represent a precedent in UK law, as, if a duty of care is found to be owed by Vedanta towards the claimants, this would be the first reported case in which a parent company would have been held to owe a duty of care to a person affected by the operations of a subsidiary who is not an employee of the subsidiary.12 This ruling could have major implications for British multinational corporations’ liability, a move which would be welcomed by British Green Party MP Caroline Lucas, who expressed solidarity with the claimants, stating:
British corporations like Vedanta cause toxic pollution overseas,
it’s absolutely right that they pay for the damage. I
stand in solidarity with all those whose drinking water has been
poisoned and livelihoods damaged by Vedanta’s irresponsible pursuit
of profit, and all those campaigning for justice.”
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.
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.
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.
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.
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.