18th Jan 2018 In the third major London case against Vedanta subsidiary Konkola Copper Mines (KCM) since 2014, the English High Court on January 2nd ordered KCM to pay $139 million plus costs to Zambian government entity ZCCM Investment Holdings (ZCCM-IH) for sums owed as part of a copper and cobalt price participation agreement dating back to 2004, when Vedanta took over the Zambian copper mine. ZCCM-IH is the 20.6% shareholder of KCM. In February 2013 various claims of non-payment against KCM were the subject of a Settlement Agreement in which KCM agreed to pay a total of $119 million to ZCCM-IH in two instalments. However they subsequently reneged on the agreement after paying only $19 million, forcing ZCCM-IH to take them to London courts. In the High Court’s January summary judgment a further $36 million was awarded for KCM’s further breaching of the Settlement Agreement by making payments to its parent company Vedanta Resources while the amounts due to ZCCM-IH were still outstanding. (Download the full judgment here)
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.
14th August 2017. Loud and theatrical protests were again held outside the AGM of British mining company Vedanta Resources’ at the Lincoln Centre, Lincoln Inn Fields, London at 2pm today accusing the company of major environmental and human rights abuses across its operations. Parallel protests and meetings were held today by affected communities and their supporters at several locations in India and Zambia. Inside the AGM, dissident shareholders asked questions on behalf of Zambian villagers who are suing Vedanta in the UK for twelve years of polluted water, as well as tribal inhabitants of the Niyamgiri hills in Odisha, India who accuse Vedanta of murdering and harassing them with state collusion.
and excellent photos from Peter Marshall here.
Coverage on Xinhau news: Environmental protesters picket annual meeting of mining firm Vedanta.
Dissident shareholders in London poured scorn on Vedanta’s 2017 Annual Report, which claims that the company ‘demonstrate world-class standards of governance, safety, sustainability and social responsibility’. They say it represents a poor attempt to don the ‘cloak of respectability’ of a London listing noting that Vedanta was again excluded from the Norwegian Pension Fund’s investments this year following an investigation which found “numerous reports of Vedanta’s failure to comply with government requirements” at four subsidiaries in Odisha, Chhatisgarh, Tamil Nadu and Zambia. The report concludes, “there continues to be an unacceptable risk that your company will cause or contribute to severe environmental damage and serious or systematic human rights violations.”
On Sunday farming communities living downstream of copper mines run by Vedanta subsidiary Konkola Copper Mines (KCM) in Chingola, Zambia, held a meeting in Hippo Pool to renew their resolve in their twelve year struggle against the company for severe water pollution which has caused major health problems, and rendered land uncultivable. Police had refused them permission to hold a protest. Government officials visited their villages in Spring this year asking them to drop their London case against Vedanta and settle out of court with the company. The Headmen of Hippo Pool village submitted this statement to the Vedanta board and shareholders which was asked by Shoda Rackal from Women of Colour in Global Women’s Strike:
“The people here are sick and tired of pollution which is killing us through illness and loss of our crops and fish. The pollution must end at all costs. Whether we receive compensation or not, we are asking you to stop polluting us now.”
6th July. This report is a detailed account of hearings in Vedanta’s appeal against Justice Coulson’s 2016 judgment allowing the case of Zambian villagers polluted by KCM/Vedanta to be heard in the UK, which took place during the 5th and 6th July.
At 9am on Wednesday 5th of July activists from Foil Vedanta Pan African Society Community Forum (PASCF), Women of Colour in Global Women’s Strike and London Mining Network rallied outside the Royal Courts of Justice with placards and banners calling for justice for thousands of Zambian villagers polluted by Konkola Copper Mines, a subsidiary of UK firm Vedanta Resources PLC. At 10am the court session in Vedanta’s appeal to the May 2016 judgment, which allowed the claimants case to be heard in the UK, began.
The protesters sat in the public gallery of the small court which was packed with observers and press. In the benches, Vedanta’s legal team consisted of two QCs instructed by ‘magic circle’ corporate law firm Herbert Smith Freehills , as well as three assistants. Behind them Vedanta’s company secretary Deepak Kumar attended along with Geoffrey Green, a non executive director and former partner in law firm Ashurst LLP. On the claimant’s side personal injury firm Leigh Day Solicitors also had two QCs and a number of lawyers and assistants including firm partner Martyn Day sitting at the back. Above them on the judges bench the case was heard by Lord Justice Jackson, Lord Justice Simon and Mrs Justice Asplin.
Wednesday’s hearing was almost entirely taken up with the lengthy appeal plea of Vedanta’s lawyer, Mr Charles Gibson QC. His argument, which we give in detail here, hung on these points:
5th July 2017. The latest hearing in the case of the Chingola communities consistently polluted by Vedanta subsidiary Konkola Copper Mines (KCM) began at the Court of Appeals in London today. A rally organised by Foil Vedanta with Pan African solidarity groups took place outside the court in solidarity with the victims of ongoing pollution who have been fighting legal battles for justice in Zambia, and now the UK, for eleven years.
Activists from Pan African Society Community Forum (PASCF), Women of Colour in Global Women’s Strike and London Mining Network joined Foil Vedanta today to rally outside the Royal Courts of Justice calling for justice for thousands of Zambian villagers polluted by UK firm Vedanta Resources, and echoing their demands. The protesters sat in the public gallery of the court which was packed with observers and press.
Inside the court Vedanta’s lawyers began their appeal against a May 2016 decision to allow the villagers’ case to be heard in the UK, arguing that Vedanta has no duty of care to claimants potentially polluted by subsidiary KCM. The case Dominic Liswaniso Lungowe vs Vedanta Resources and Konkola Copper Mines is being heard by Lord Justice Jackson, Lord Justice Simon and Mrs Justice Asplin and may continue for several days. Vedanta’s company secretary Deepak Kumar attended the hearing along with Geoffrey Green, a non executive director and former partner in law firm Ashurst LLP.
5th August 2016 Protests have been held in India and Zambia in parallel with today’s AGM of British mining company Vedanta Resources’ at Ironmongers Hall, Barbican, London. Inside the AGM dissident shareholders asked incisive questions submitted by Zambian villagers who are suing Vedanta in the UK for twelve years of polluted water, as well as displaced farmers who were never compensated for their land in Lanjigarh, Odisha, India and accuse Vedanta of murdering and harassing them with state collusion. A loud protest organised by Foil Vedanta took place outside the meeting, demanding that Vedanta subsidiary Konkola Copper Mines publish its hitherto secret annual accounts in Zambia, and accusing the company of pollution, human rights abuses and financial mismanagement in India and Afrika.
Please see a full report on proceedings inside the AGM bu London Mining Network entitled ‘Vedanta’s 2016 AGM: evidence, evasion and arguments‘.
At Vedanta’s London AGM activists from Foil Vedanta interrupted the meeting asking incisive questions to the Vedanta board and gathered shareholders on behalf of the Zambian Copperbelt villagers living downstream of Vedanta’s Konkola Copper Mines (KCM), who are demanding an end to twelve years of pollution by KCM, which has turned the Kafue into a ‘river of acid‘ and left them with no access to clean water. They asked why KCM has never submitted annual accounts in Zambia in accordance with national laws, and whether Vedanta’s deliberately obstructive approach to compensation cases as revealed in a recent London judgement was company policy.
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.
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.
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.
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.