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:
On 2nd September indigenous Dongria Kondh and Dalit Bahujan residents of Niyamgiri mountain held a demonstration in Muniguda, Odisha, under the banner of Niyamgiri Suraksha Samiti. The protest demanded an end to harassment, false arrests and murder of indigenous activists by police and paramilitary forces, and rejected the involvement of NGO’s in their decades long movement to prevent Vedanta and other companies mining their sacred mountain.
Protesters blocked the main road for several hours and burnt tyres.
The demonstration is part of ongoing anger at the false arrest of Dasuru Kadraka, the thirty year old Dongria Kondh youth leader of Niyamgiri Suraksha Samiti (NSS), who was picked up from the Muniguda market by the police six months ago, and subsequently brutally tortured and implicated in several false cases.
31st August. This news from Phulbari Solidarity following their celebration of a decade of resistance to UK company GCM’s open cast coal mine plans, and commemorating the death of three protesters shot by paramilitary forces in 2006.
Friday the 26th August, marked a decade of halt to plans by an AIM-listed British company, Global Coal Resources Management (GCM), who want to build a massive open cast coal mine by forcibly displacing 130,000 people in Phulbari, northwest Bangladesh. A four day long Commemoration for victims of Phulbari outburst, where three protesters were shot dead by police in 2006, was held in Dkaka, Dinajpur, Phulbari, London and Germany. On the final day of remembrance, on 30th August, the National Committee to Protect Oil, Gas, Mineral Resources, Power and Ports in Bangladesh has declared a fresh programme in Phulbari to kick GCM out of Bangladesh as the CEO of the company has recently filed multiple arbitrary charges against indigenous farmers, small businessmen and local leaders who opposed the mine.
In London, in support of Phulbari protesters, community activists under the banner of Phulbari Solidarity Group and Committee to Protect Resources of Bangladesh held a colourful and powerful commemoration rally and protest at London Stock Exchange , calling for the de-listing of the company from London Stock Exchange. Despite heavy securitization and repeated attempts of interruption by police last Friday, protesters blocked up the pavement at the main entrance of London Stock Exchange (LSE) for two hours and demanded immediate de-registration of GCM for its unethical business, deceitful marketing of Phulbari project, and for human rights abuse in Dinajpur and Phulbari. Prior to the demo, Phulbari Solidarity Group has submitted evidence of unethical business of the company to the CEO of London Stock Exchange, Xavier Rolet KBE, via email.
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.
7th June, 2016. On Friday 27th May the Hon Mr Justice Coulson published his judgment on the jurisdiction hearing between 1,826 Zambian villagers and Vedanta and it’s Zambian subsidiary KCM which took place in April in London, finding in the villagers’ favour that their case demanding compensation for personal injury and loss of livelihood due to gross pollution could be heard in the UK. The judgment (which can be downloaded at this link: KCM Coulson Judgment May 2016) is an indictment of KCM’s financial secrecy, historic dishonesty and attempts to pervert the course of justice, detailed in this article. To those of us experienced in legal cases against some of Vedanta’s Indian subsidiaries this does not come as a surprise but fits with the pattern of corruption and deception which Vedanta has become famous for.
This is a great victory in the preliminary stages of this major case against Vedanta and KCM for knowingly causing gross pollution from 2005 (just after they acquired KCM) to the present day. Our previous article details the shocking living conditions of thousands of villagers whose water sources have been chronically polluted causing sickness, poverty and even death. Video testimonies from some of the claimants and victims detail how people have ‘collapsed and died’ as a result of prolonged exposure to high levels of contaminants (as scientific papers attest).
20th May 2016. A massive thank you to all the writers, bloggers, activists and supporters who made the JLF boycott a huge success. Please read more on the London protest and and press coverage below:
A group of protesters from a wide range of organisations today disrupted the Jaipur Literature Festival at London’s Southbank Centre, taking over the stage with their placards and giving shouted speeches to the eminent audience about the multiple criminal convictions and abusive pattern of operation of the festival’s main sponsor, the British mining company Vedanta. A number of attendees left the event in response. NDTV journalist Barkha Dutt’s presentation was also disrupted by chanting naming the news channel for taking Vedanta funding for the Our Girls Our Pride campaign which is accused of being a whitewash sham for the company.
Vedanta’s logo stickered over on programme
Earlier two speakers at the festival – the scientist and broadcaster Aarathi Prasad and K. Satchidanandan, a Malayalam and English poet – had pulled out in response to an open letter calling for a boycott of the event in view of its sponsorship by ‘the world’s most hated company’. Another four speakers – Vasundhara Raje, Meghnad Desai, Gavin Francis and Rachel Spence – also had their names removed from the programme suggesting they too have refused to participate. Nonetheless Sanjoy Roy, the managing director of Teamwork Arts and festival organisers Namita Gokhale and William Dalrymple have continued to defend their sponsor in the media even claiming Vedanta are not guilty of any criminality, despite multiple convictions cited in the open letter. However, the Vedanta logo was removed from publicity on the day and stickers were used to poorly conceal the logo on the programmes.
Kavita Bhanot – JLF Brings ‘Exotic India’ To Your Doorstep – Who Pays The Price?
The Hindu – Anti Vedanta protests mar JLF event in South Bank London
Ravinder Kaur – JLF Southbank: By ignoring boycott call, writers may have missed out on powerful stories of dissent
The Wire – Writers Protest Vedanta Sponsorship of Jaipur Lit Fest London
Sabrang India – Protesters Disrupt Jaipur Lit-fest Sponsored by Vedanta in London
Sabrang India – Boycott Vedanta’s London festival and bid to seek legitimacy: Writers
Eyezine – Why Jaipur Lit Fest needs to remove Vedanta from its sponsors