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
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.
Please see the video of today’s protest in London!
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.”
Red paint spilled at the entrance to Vedanta’s 2012 AGM
The annual Global Day of Action against Vedanta will take place on Monday 14th August 2017, as their AGM is conducted in London.
While the Vedanta board try to don the ‘cloak of respectability’ of their London listing, communities affected by the company’s pollution, human rights abuses and tax evasion around the world will raise their voices through protests and reports showing the true face of this deadly British mining company. As usual we will bring the defiant energy and demands of these communities to London, in our theatrical protest outside the London AGM, and shareholder activism inside it.
JOIN US OUTSIDE VEDANTA’S LONDON AGM WHILE COMMUNITIES PROTEST ACROSS AFRICA AND INDIA!
Monday 14th August 2017, 2 – 4pm .
The Lincoln Centre, 18 Lincoln’s Inn Fields, London, WC2A 3ED
Bring drums, placards and loud voices.
Please join our Facebook event page if you can come to London on 14th August.
More info on why we are protesting Vedanta’s 2017 AGM below:
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.
artists impression of Deepak Kumar in court today
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.
16th March 2017. In its latest report, released on 9th March 2017, the Norwegian Council of Ethics has again excluded Vedanta from the Government Pension Fund’s investment universe. The report is an indictment of Vedanta’s pattern of operation at four subsidiaries in Odisha, Chhatisgarh, Tamil Nadu and Zambia, finding “numerous reports of Vedanta’s failure to comply with government requirements” and concluding that “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.”
The Fund first divested from the company in 2007 after Vedanta Sterlite’s operations in India — Thoothukudi, Chhattisgarh and Orissa — and in other parts of the world were found to be in violation of accepted human rights and environmental norms.
The Pension Fund is “the world’s largest sovereign wealth fund with shares in 9,000 companies. . .[and] 1.3 percent of the entire world’s listed equity, giving the decisions it takes to drop or reinstate shareholdings or warn firms considerable weight among investors.”
Read the Council’s full assessment of Vedanta’s operations below. Continue reading
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.
See the video of the London demo here… and of the Delhi demo here.
Please see a full report on proceedings inside the AGM bu London Mining Network entitled ‘Vedanta’s 2016 AGM: evidence, evasion and arguments‘.
and coverage in The Mining Journal, the New International, and Reuters.
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.
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.
17th May. On 14th May we released an open letter calling for the renowned authors and artists participating in the Jaipur Literature Festival at Southbank, London, to pull out of the event in view of its sponsorship by Vedanta Resources – dubbed ‘the world’s most hated company’. The letter has now been signed by over 100 writers, academics, activists and people directly affected by Vedanta’s operations, including poets Nabina Das, Hemant Devate, Rafiq Kathwari and Surya Vahni Priya Capildeo and writers Tariq Mehmood, Hansda Sowvendra Shekhar, Courttia Newland and Gladson Dungdung.
In response two speakers have already pulled out. The scientist and broadcaster Aarathi Prasad and K. Satchidanandan, a Malayalam and English poet have both refused to participate. (Please see the full article critiquing the neocolonialist approach of the Jaipur Literature Festival by Kavita Bhanot here)
Despite this, Sanjoy Roy, the managing director of Teamwork Arts, which produces the festival, issued this statement to the media on behalf of the festival organisers Namita Gokhale and William Dalrymple: