Sterlite's Niyamgiri mining project illegal: Saxena Panel, report by various media

Shared by Shri Dillip Kumar Das

Sterlite's Niyamgiri mining project illegal: Panel
Business Standard, August 17, 2010
After one stop-work order on the Rs 54,000-crore Posco project, a four-member panel appointed by the Union ministry of environment and forests (MoEF) has dealt a blow to yet another big-ticket investor in Orissa, the London-based Vedanta Resources Ltd.

The committee, chaired by N C Saxena, who is also member of the powerful National Advisory Council, has told MEF it would be illegal to allow Vedanta-owned Sterlite Industries to conduct bauxite mining operations on the Niyamgiri hills at Kalahandi district in Orissa. The company says the mining is crucial for its Rs 6,000-crore alumina refinery project at the foothills, at Lanjigarh; the panel has said the existing clearance for the refinery should also be cancelled.

The report was given to the ministry today. The latter will decide in about a week. Apart from Saxena, the other panel members were S Parasuraman, Promode Kant and Amita Baviskar. Saxena said the ministry’s Forest Advisory Committee would give its recommendations based on this report and a final decision would then be taken by the ministry. The committee gives two main reasons. One, that permitting bauxite mining would deprive two primitive tribal groups, Dongria and Kutia Kondh, of their rights over the proposed mining site in order to benefit a private company and shake the faith of the tribals in the laws of the land. Two, that Vedanta/Sterlite has consistently violated the Forest Conservation Act (FCA), Forest Rights Act (FRA), Environment Protection Act (EPA) and the Orissa Forest Act, in active collusion with state officials.

Jairam will decide on ‘totality’
"The Forest Advisory Committee (FAC) will consider the report on the lines of the FRA and the FCA, but my decision will be based on the totality of the economic decisions. The FAC will consider the report on August 20 and make its recommendations to me. The immediate action will be on stage-two clearances and it will take six-seven days for the final decision," said environment minister Jairam Ramesh, while announcing the findings of the report here today

The refinery was accorded clearance under the EPA on the condition that no forest land would be used. However, it has been established that the company has occupied 26.1 ha of village forest land within the refinery boundary, said the report.

On the finding that the company had, without waiting for all clearances, been expanding the refinery capacity since 2007, Ramesh said, "I'm surprised to know that expansion has happened and if this is the case, then it is the most blatant violation."

Asked if there was any political influence in the decision, given that Orissa was ruled by a non-Congress state, the minister denied it. "Even if it had been a Congress-ruled state, it would've made no difference. Congress doesn't have many states. Navi Mumbai (airport) is in a Congress-ruled state," he added, referring to the blocking of the project on ecological grounds.

“We will comply with all the guidelines; not a blade of grass has been removed so far. We can only start when we have clearance. The government has to take a call on what is the best for the country," said Anil Agarwal, executive chairman, Vedanta Plc.

When asked by Business Standard, Mukesh Kumar, Chief Operating Officer, Vedanta Aluminium Ltd, said, "The company has got the nod of the Supreme Court for the refinery project and this report has even challenged the order of the apex court."

‘ILLEGAL AND TOO EXPENSIVE’
# Systematic violation of Forest Rights Act
# No adherence to ministry, legal guidelines
# Ore deposits will suffice for only 4 years
# Rare species to lose home
# Hundreds of thousands of herbs and shrubs to be cleared.
# Elephant corridor to go
# 20 per cent of Dongaria Kondh population to be hit
# Loss of rivers, farmlands

'Systematic violation of law'
On the basis of oral and documentary evidence, the committee has said the Dongria and Kutia Kondh have had traditional, customary and often formalised access to the surrounding thick forests on the slope to collect various types of forest produce. Their rights would be extinguished if the area is transferred for mining.

Also, that MoEF cannot grant clearance to use of forest land for non-forest purposes because the legal conditions for this clearance, as laid down in its circular of August 3, 2009, have yet to be met.

The Forest Rights Act, it notes, came into being more than two years ago. As holders of these rights, the communities residing there are empowered to ensure their habitat is preserved from any destruction of their cultural and ecological heritage. The state government cannot take any action that appropriates a part of their habitat without following the due process of law, it notes. The report has pointed out that the process of recognition of rights under the Forest Rights Act has not been completed, the consent of the communities concerned has neither been sought nor obtained and the gram sabhas of the area concerned have not certified on both points, as the law requires.

The report has stated that mining will severely degrade the Niyamgiri hills ecosystem, which is a rich wildlife habitat, endanger the Dongria Kondh's self-sufficient forest-based livelihoods and lead to the extinction of their culture over a period of time.

And, that these losses should be weighed against the fact that the 72-million tonne ore deposit here would last only about four years for the refinery's expanded capacity. It has also, for good measure, said the Orissa government's record on the issue shows it is not likely to implement the Forest Rights Act in a fair manner. It has recommended that MEF engage a professional authority to assist the people in filing their claims under the community clause.


Mining Niyamgiri hills will be illegal: NC Saxena report
Says the mining area belongs to the tribals as per the Forest Rights Act
Governance Now, Aug 16 2010

The NC Saxena Committee has ruled out the possibility of mining the Niyamgiri hills saying that since the proposed area belongs to the tribals as per the Forest Rights Act it would be illegal to do so.

The report, which was made public today, goes on to say that “it is firmly established that the area proposed for mining lease and the surrounding thick forests are cultural, religious and economic habitat of the Dongaria Kondhs”.

“If mining is permitted on this site it will not only be illegal but it will also destroy one of the most sacred sites of the Kondh primitive tribal groups”, says the report. It goes on to add that mining, if allowed, “will have repercussions on the community’s very survival, the overall viability of this groups and its biological and social reproduction”.

The committee clearly expresses its lack of confidence in the Orissa government by saying that “from the evidence collected by the committee we conclude that the Orissa government is not likely to implement the Forest Rights Act in a fair and impartial manner” and appeals to the MoEF to take necessary steps to protect the tribals.

As for the Vedanta Alumina, the company which wants to mine the Niyamgiri for its rich bauxite deposit, the committee says it has “consistently violated the Forest (Conservation) Act, Forest Rights Act, Environment Protection Act and the Orissa Forest Act in active collusion with the state officials”.

See the attachment for the NC Saxena Committee report.

The committee’s concluding remark is telling. The report says the committee is “of the firm view that allowing mining in the proposed mining lease area by depriving two primitive tribal groups (PTG) of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land which may have serious consequences for the security and wellbeing of the entire country”.

Panel against nod to Vedanta's Niyamgiri project
Forest Advisory Council to look into the report on Aug 20.
Business Line, Aug 16, 2010
Shanker Chakravarty

The four-member N.C. Saxena Committee, appointed by the Environment Ministry, said an approval to Vedanta Alumina's bauxite mining project will have serious consequences for the tribals in Niyamgiri hills. The Committee said Vedanta has violated a series of laws in active collusion with State government officials.

“Allowing mining in the proposed mining lease area by depriving two primitive tribal groups of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land,” the Saxena Committee said in its report that was presented to Environment Minister, Mr Jairam Ramesh, on Monday.

“Since the company in question has repeatedly violated the law, allowing it further access to the proposed mining lease area at the cost of the rights of the Kutia and Dongaria Kondh, will have serious consequences for the security and the well being of the entire country,” the Committee said.

Mr Ramesh said a final decision will be taken after the Forest Advisory Council (FAC) takes a view on the Saxena Committee report on August 20. “After the FAC makes its observations, I will take a decision in totality under the Forest Conservation Act. Then only will the final clearance be given to the mining project,” he said.

The Saxena Committee said, “Vedanta has consistently violated the Forest Conservation Act, Forest Rights Act, the Environment Protection Act and the Orissa Forest Act in active collusion with the State Government officials.”

Perhaps, the most blatant example of it is their act of illegally enclosing and occupying at least 26.123 hectares of village forest land within its refinery depriving tribal, dalits and other rural poor of their rights, the report said.

No mining in Niyamgiri Hills without 100 pc clearance: Vedanta
Decan Herald, Aug 16, 2010
Vedanta Resources Chairman Anil Agarwal on Monday said the group will ''abide by law'' and will only start mining bauxite from the Niyamgiri hills in Orissa after securing clearances from the Centre

"We are law-abiding people. We will not start mining at all until and unless we get 100 per cent clearance from the authorities concerned," Agarwal told PTI in an interview. The group has proposed an estimated Rs 50,000 crore investment in the state.

The statement follows a government panel's report to Environment Minister Jairam Ramesh disfavouring the grant of permission to the private company to mine bauxite in the region.

"We have to keep patience in India... We are cooperating 100 per cent in all their (government) queries," Agarwal said.

In its report to Ramesh, the four-member N C Saxena Committee said, "This committee is of the firm view that allowing mining in the proposed mining lease (PML) area by depriving two primitive tribal groups of their rights... in order to benefit a private company would shake the faith of the tribals in the law of the land."

The committee was constituted by the Ministry of Environment and Forests to study the impact of the project on the local population. The proposed mining project awaits final clearance from the Environment Ministry.

Ramesh, after receiving the report, told reporters here that a final decision on the matter will be taken after the Forest Advisory Council (FAC) takes a view on the committee's findings on August 20.

The Vedanta Group firm has entered into an agreement with state-owned Orissa Mining Corporation for mining bauxite in Niyamgiri hills, which is venerable to the local tribal population. As per the agreement, OMC will mine bauxite and give it to the Vedanta Group firm for feeding its alumina refinery at Lanjigarh, which is being expanded at a cost of about Rs 6,000 crore.

In 2008, a green bench of the Supreme Court had given a conditional nod for Vedanta's mining project in the forest- rich belt of Orissa, which is inhabited by the endangered Dongria Kondh tribe.



http://www.steelguru.com/metals_news/No_mining_in_Niyamgiri_Hills_without_clearance_-_Mr_Agarwal/160789.html

No mining in Niyamgiri Hills without clearance - Mr Agarwal

Mr Anil Agarwal chairman of Vedanta Resources said the group will abide by law and will only start mining bauxite from the Niyamgiri hills in Orissa after securing clearances from the Centre.

Mr Agarwal said that "We are law abiding people. We will not start mining at all until and unless we get 100% clearance from the authorities concerned.”

The group has proposed an estimated INR 50,000 crore investment in the state. The statement follows a government panel's report to Environment Minister Jairam Ramesh disfavoring the grant of permission to the private company to mine bauxite in the region.



Mr Agarwal said that "We have to keep patience in India... We are cooperating 100% in all their (government) queries.”



In its report to Mr Ramesh, the four member Mr NC Saxena Committee said that "This committee is of the firm view that allowing mining in the proposed mining lease area by depriving two primitive tribal groups of their rights in order to benefit a private company would shake the faith of the tribals in the law of the land."



The committee was constituted by the Ministry of Environment and Forests to study the impact of the project on the local population. The proposed mining project awaits final clearance from the Environment Ministry.



http://www.business-standard.com/india/news/no-mining-in-niyamgiri-hills-without-100-nod-vedanta/105398/on



Tuesday, Aug 17, 2010

No mining in Niyamgiri Hills without 100% nod: Vedanta

Press Trust of India / New Delhi August 16, 2010, 20:04 IST

Vedanta Resources Chairman Anil Agarwal today said the group will "abide by law" and will only start mining bauxite from the Niyamgiri hills in Orissa after securing clearances from the Centre.

"We are law-abiding people. We will not start mining at all until and unless we get 100 per cent clearance from the authorities concerned," Agarwal told PTI in an interview. The group has proposed an estimated Rs 50,000 crore investment in the state.

The statement follows a government panel's report to Environment Minister Jairam Ramesh disfavouring the grant of permission to the private company to mine bauxite in the region.

"We have to keep patience in India... We are cooperating 100 per cent in all their (government) queries," Agarwal said.

In its report to Ramesh, the four-member N C Saxena Committee said, "This committee is of the firm view that allowing mining in the proposed mining lease (PML) area by depriving two primitive tribal groups of their rights... In order to benefit a private company would shake the faith of the tribals in the law of the land."

The committee was constituted by the Ministry of Environment and Forests to study the impact of the project on the local population. The proposed mining project awaits final clearance from the Environment Ministry.

Ramesh, after receiving the report, told reporters here that a final decision on the matter will be taken after the Forest Advisory Council (FAC) takes a view on the committee's findings on August 20.

The Vedanta Group firm has entered into an agreement with state-owned Orissa Mining Corporation for mining bauxite in Niyamgiri hills, which is venerable to the local tribal population. As per the agreement, OMC will mine bauxite and give it to the Vedanta Group firm for feeding its alumina refinery at Lanjigarh, which is being expanded at a cost of about Rs 6,000 crore.

In 2008, a green bench of the Supreme Court had given a conditional nod for Vedanta's mining project in the forest- rich belt of Orissa, which is inhabited by the endangered Dongria Kondh tribe.

http://in.news.yahoo.com/20/20100816/1416/tnl-panel-opposes-mining-in-niyamgiri-hi_1.html

Panel opposes mining in Niyamgiri Hills; Vedanta to go by law

New Delhi, Aug 16 (PTI) A government panel today opposed a bauxite mining project in the ecologically sensitive Niyamgiri Hills in Orissa by Vedanta Group, which said it would not start operations till it gets "100 per cent clearance". Reacting to the panel report, Vedanta Resources Chairman Anil Agarwal said, "We are law abiding people. We will not start mining at all until and unless we get 100 per cent clearance from the authorities concerned." "We have to keep patience in India... We are cooperating 100 per cent in all their (government) queries," Agarwal added. Commenting on the report by the panel, Environment Minister Jairam Ramesh said, "A final decision in the matter will be taken after the Forest Advisory Council (FAC) takes a view on the committee''s findings on August 20." The committee also slammed the Orissa government for recommending the project. The panel, appointed by the Ministry of Environment and Forests to assess the environmental impact of mining in the Niyamgiri Hills, said mining would deprive the two primitive tribal groups in the region -- the Dongaria Kondh and Kutia Kondh -- of their rights. "This committee is of the firm view that allowing mining in the proposed mining lease (PML) area by depriving two primitive tribal groups of their rights... in order to benefit a private company would shake the faith of the tribals in the law of the land," said the N C Saxena Committee in its report. The committee said that the two tribes are notified by the government as ''Primitive Tribal Groups'' and eligible for special protection. It also added, "The entire Niyamgiri Hills will suffer major ecological damage if mining is allowed in the proposed mining lease area." Coming down heavily on the Orissa government, the committee said,

"The Orissa government is not likely to implement the Forest Rights Act in a fair and impartial manner as far as the PML area is concerned. It has gone to the extent of forwarding false certificates and may do so again in future. Vedanta Group firm Sterlite Industries has entered into an agreement with state-owned Orissa Mining Corporation for mining bauxite in the Niyamgiri Hills, which is venerable to the local tribal population. As per the agreement, OMC will mine bauxite and give it to the Vedanta Group firm for feeding its alumina refinery at Lanjigarh, which is being expanded at a cost of about Rs 6,000 crore. .

http://www.navdanya.org/blog/?p=380

Report on Policy Dialogue: Niyamgiri, a test case for the defense of our forests and tribals

Posted on Monday, August 16th, 2010

Report on

Policy Dialogue: Niyamgiri, a test case for the defense of our forests and tribals

On 12th of August 2010, Navdanya/RFSTE joined hands with the Save Niyamgiri Movement to hold a Policy Dialogue on Niyamgiri: a test case for the defense of our forests and tribals. Eminent social scientists, environmentalists, legal experts and parliamentarians came together to support the cause of Niyamgiri, its forests and its people against the threat of destruction by hands of Vedanta.

Representatives of the Dongria Kondh, both men and women were travelling from Niyamgiri to attend the conference in Delhi and narrate the atrocities Vedanta is committing against them and the forests when, in a shocking incident – signal of Vedanta’s rule of terror – they were beaten and abducted by armed men, later found to be policemen. The two Dongria leaders Lado Sikaka and Sana Sikaka were untraceable till Kalahandi’s MP intervention, after which they were finally released.

Men: Women:

Kalia Sikaka Rinja Sikaka

Drinju Sikaka Sinde Sikaka

Sima Sikaka Pandra Kadraka

Sundri Krusiki

Minjadi Sikaka

The rest of the convoy was forced back to set an alarm in the village. Siddhart Nayak, President of Green Kalahandi Movement, who was leading the delegation, described the terror of being stopped, threatened with a pistol and left for hours in the forests without means of communication. The account of the story in his words is attached.

Niyamgiri means the mountain (Giri) that upholds the Earth and the law of the Universe (Niyam). These mountains are the ancestral domain of the Dongria, Kutia and Jharania Kondh; the mountains not only provide them with life and livelihoods, they are also worshipped as the upholders of the Earth and the laws of the Universe. The hills are covered by dense forests, rich in biodiversity; they are also bauxite rich. While local communities as well as environment and social scientists see this mineral for its intrinsic value of water conservation, precious to support people, agriculture and the forests, Vedanta’s mining corporation only sees Bauxite for its role as the raw material for alumina production, and thus the hill not as a common heritage to preserve, but as a profit making business for the few rich and powerful.

The Dongria Kondh and other forest communities live under the law of Niyam “Niyam made the fruits and grains and said “Now live on what I gave you. Not a single tree shall be cut, not a single animal killed”. They don’t require a legal framework to determine their access and usage rights, for sustainability and respect guide their every action; they don’t demand individual rights for they believe in community, in common management, in sharing Earth’s bounty, a point emphasized by Pinky Anand.

To the Dongria Kondh, instead, as in the words of Lado Sikaka Majhi, one of the abducted leaders, Niyamgiri “is not a pile of money; that mountain is our life.” The Dongria Kondh and other tribes inhabiting the Niyamgiri forests have been resisting the threat of mining of Bauxite in their sacred mountain since 1997 when Orissa Mining Corporation entered into an MOU with Sterlite Industries Ltd. for setting up an alumina refinery and captive power plant in Kalahandi district.

In 2003 Vedanta signed a Memorandum of Understanding with the Orissa state government regarding the construction of a refinery for alumina production, a coal-based power plant, and a mining development at Lanjigarh in the district of Kalahandi. In 2003 Vedanta applied to the Ministry of Forests and Environment (MoEF) for an environmental clearance for the refinery. In its application the company provided wrongful information to the effect that the refinery would not require forest land.

Vedanta is not only violating every law of the land, it is also corrupting the entire administrative apparatus of India, Orissa, Niyamgiri and also Lanjigarh where the alumina refinery is located. Even worse, it is spreading terror in the region – the abduction of the tribal leaders being the latest example.

The Orissa Government has now increased the refinery’s capacity six-fold.

It is for these reasons that Niyamgiri has come to represent a test case for the defense of our democracy and peace, our forests and the rights of tribals. “If we fail in Niyamgiri” says Dr Shiva, Director RFSTE and a member of the expert group drafting FRA, in the opening remarks “we won’t be able to protect the rights of people and nature anywhere else”. The policy dialogue was meant to give support and solidarity to Niyamgiri tribals, to strengthen community forest rights and environmental laws of the country and to deepen the democratic process to maintain peace and justice in our tribal areas.The rights of Mother Earth, of the forests and human rights are inseparable. It is this message that the policy dialogue wanted to reaffirm through the voices of different stakeholders.

Kalahandi MP Bhakt Charan Das in his speech highlighted how the laws on paper are not translating into rights in practice, as despite the FRA and PESA, introduced with the admission from the Government that the tribals had been victims of “historic injustices”, the individual and community rights of tribals in Niyamgiri are not being recognized or respected, while human rights abuses and environmental law violations keep on worsening.

From a legal standpoint, Pinky Anand – Senior Advocate (SC) – and Sanjay Uphadyay –one of the framers of the Act – stress in fact that the issue is not one of absence of laws, that are rather plenty and fragmented, but of lack of implementation, a point that was reiterated by most speakers.

In reality, as T.K. Oommen - eminent sociologist, B.D. Sharma – one of the architects of PESA and member of the expert group for FRA, and Vandana Shiva remind us, the rights the tribal and forest dwelling communities are fighting for are rights to the Earth and its produce; they derive from Mother Earth and hence they are natural rights; they shouldn’t depend on an Act in the first place.

Much of the problem, the speakers conveyed, is that neither the Government, nor the urban public deeply understand the relationship that bonds the tribal and forest communities to their land and the environment. These communities have informally implemented the law of nature for centuries; as opposed to the law of loot, of greed, and corporate terror that is in place today, they say, this doesn’t need regulation.

Still as Sanjay Uphadyay reminds us, the community rights are “already vested” and it is a duty of the State to respect them, not grant them!

While Uphadyay declares to remain optimistic at heart about the potential positive rule of law, several others convey that the future is in the hands of people.

M.C. Mehta of the Mehta Environmental Foundation points to example of governmental lassity and inertia, referring to the promised, never created Environmental Court and concluding that it is social movements to achieve results, as happened with the cleaning of the Ganga.

(In the picture: Sanjay Uphadyay, Ramaswami R Iyer, M.C. Mehta, B.D. Sharma, V. Shiva, Bhakt Charan Das)

The question of State authority and power here raised ran throughout the debate.

B.D. Sharma raised for example the issue of Gram Sabhas, which as prescribed in PESA are empowered bodies competent to manage own affairs and natural resources according to customs and traditions; yet the issue arises as the “top leadership doesn’t allow for people to be supreme”. Before Independence, people living in the forests had full control over the natural resources as the laws of the land did not extend to tribal and forest areas that were considered “excluded”. Today, after PESA, the State coming in with no legitimacy over Scheduled Tribes areas is an example of the colonial thinking our elites are still seeped in, he remarks.

Usha Ramanathan, who headed one of the MoEF committees to look into Niyamgiri’s case, takes this point forward, stressing on how it is the people, not the Government, to exercise democracy. In cases like Niyamgiri, the Government itself is acting in violation of the Constitution and the law; we members of civil society should not question how the Government is using its powers; we should, practicing democracy, assert that it doesn’t have such powers in the first place! “The State” she says “has Constitutional obligations and does not have absolute powers”.

She goes on to say that much of the problem lies in our understanding of development and in the imposition of our urban paradigm to communities with a unique lifestyle

Vedanta claims it will bring development, it will bring employment and improve livelihoods. Ramaswami R. Iyer, Former Secretary of Water Resources, Government of India, contested this by bringing us back to the Coca Cola battle in Kerala, another instance where private companies on the loose exploited natural resources with no care for consequences on people or the environment: employment, yes, for how many people and for how long? Will this employment make up for exhausted groundwater or for the ecological imbalances? These damages are irreversible.

T.K. Oommen follows on this stating that while some human displacement is perhaps inevitable, it is paramount to minimize it, and adequately compensate the displaced, after receiving their informed consent. Neither holds true in the case of Niyamgiri, where, he says, we are simultaneously witnessing an ecocide, aquacide, culturecide eventually leading to silent genocide due to displacement.

Unfortunately though, the approach followed by the Centre in forest and tribal areas has been one of “control” or “develop”, says Uphadyay. Questions of good governance or empowerment were never raised. Bharat Thakor of Ekta Parishad, picks up on this by saying that the lack of understanding and awareness amongst affected communities makes perhaps individual pattas a more workable solution, till stakeholders are empowered.

In the picture: Lingraj, Komthi Maji, Siddhart Nayak, Vandana Shiva, Digvijay Singh, Mani Shankar Aiyer, Bhakt Charan Das

Rajya Sabha MP Mani Shankar Aiyas also focused on the need for empowerment, but like many others he advocated community rights saying: ‘The tribes need to feel empowered and free which is only possible when the centre involves them in the process of development.’ All the speakers agreed that the approach to be followed should be one of community empowerment: this stresses on the paramount essence of both the notion of common management of resources, and on the fact that these communities know what they want.

The Dongria Kondh through the voice of Lingraj reiterate that they are well aware of what they want: they do want development, but a sustainable one, that respects their traditions and customs. They have demanded schools, People have the right to refuse our urban industrial paradigm of development; if the process is leading to immiserization of locals, it can’t be called development, says Ramanathan.

Congress general secretary Digvijay Singh said tribals and other forest communities should be made stakeholders of their own development, and also part of the market economy the country has embraced. “The way forward in Niyamgiri” he said “is to make the forest dwellers owners of their own produce. The benefit of any capital investment is their inherent right.”

Finally, all speakers agreed that in the immediate future, the efforts should concentrate on creating a comprehensive legal framework that addresses all issues thoroughly, in the place on the individual Acts currently in place; there is also need for a review of existing legislation to do away with all loopholes and inconsistencies that allow Vedanta and companies alike to carry on with their national loot.

In the words of Bakt Charan Das “We have to choose what is more important, the corporate leaders or millions of people in the countryside.

We must use mass agitation. We can assemble. We can go on hunger strike in Gandhiji’s way. This is how community rights must be brought to the country. We can decide. With this I conclude.”

The last speaker, Komthi Maji of the Save Niyamgiri Movement, reiterated Niyamgiri’s cry for help: he demands from the Government, NGOs and society to mobilize and stop the violence against tribals and forest communities, the environmental exploitation for the benefit of the few and save Niyamgiri, the sacred mountain that upholds the Earth.

The N.C. Saxena Committee appointed by the MoEF to look into forest rights, tribal and cultural issues related to Niyamgiri has issued its report on 16th August 2010. After evaluating the ecological costs of mining, human costs of mining, violations of Forest Rights Act, violations of Forest Conservation Act, violations of Environment Protection Act, violations of conditions of clearance under EPA granted to refinery, very limited relevance to expanded refinery, they concluded that :

“In view of the above, this Committee is of the firm view that allowing mining in the proposed mining lease area by depriving two Primitive Tribal Groups of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land. Since the company in question has repeatedly violated the law, allowing it further access to the proposed mining lease area at the cost of the rights of the Kutia and Dongaria Kondh, will have serious consequences for the security and well being of the entire country.”







http://ibnlive.in.com/generalnewsfeed/news/panel-opposes-mining-in-niyamgiri-hills-in-orissa-vedanta-to/234294.html



Panel opposes mining in Niyamgiri hills in Orissa, Vedanta to

PTI

go by law New Delhi, Aug 16 (PTI) After Korean steel giant Posco, Vedanta group's bauxite mining project in Niyamgiri hills in Orissa faces an uncertain future with a government panel today opposing the venture, saying it violates various laws including those relating to rights of tribal communities. Reacting to the panel report, Vedanta Resources' Chairman Anil Agarwal said, "We are law abiding people. We will not start mining at all until and unless we get 100 per cent clearance from the authorities concerned." The panel headed by N C Saxena probing alleged violations of the Forest Rights Act and environmental laws by the company in Kalahandi district said that allowing mining in the area without ensuring rights of the tribal people would shake their faith. "The committee is of the firm view that allowing mining in the proposed mining lease (PML) area by depriving two primitive tribal groups -- Kutia and Dongaria Kondh --of their rights over the proposed mining site in order to benefit a private company (Vedanta) would shake the faith of tribal people in the laws of the land," the panel said. The four member-committee which submitted its report to Environment Minister Jairam Ramesh today noted that since Vedanta has repeatedly violated the law, allowing it further access to the proposed mining area at the cost of the rights of the tribes will have serious consequences for the security and well-being of the entire country. Ramesh told reporters that the report will be taken up by the Forest Advisory Committee on August 20 for discussion after which he will take decision in the matter in its totality. "No one will be allowed to violate the law. After the FAC makes its observations, I will take a decision in totality under the Forest Conservation Act. Then only the final clearance will be given to the mining project," he added. The alleged violations by Vedanta in Niyamgiri Hills has come as an embarrassment to the Naveen Patnaik government, which is already in a damage control mode in connection with Korean steel giant Posco's project following land acquisition activities halted due to resistance from locals. Based on the Saxena report, the Environment Ministry had recently asked Orissa Government to stop all work for Posco in view of non compliance of Forest Rights Act by it. On Vedanta's proposed mining project, the report said, "the Company has consistently violated the Forest Conservation Act (FCA), Forest Reserve Act (FRA), Environment (Protection) Act (EPA) and the Orissa Forest Act in active collusion with the state officials. "Perhaps, the most blatant example of it is their act of illegally enclosing and occupying at least 26.123 hectares of village forest land within its refinery depriving tribal, Dalits and other rural poor of their rights," the report said. Moreover, its claim of following the state government's orders is completely false, it said. .



http://www.ndtv.com/article/india/orissa-panel-says-no-vedanta-mining-project-44881



Updated: August 17, 2010 11:51 IST

Are Orissa tribals winning their battle against Vedanta?

Sampad Mahapatra, Updated: August 16, 2010 23:30 IST

Bhubaneswar: The Dongria Kondh are a primitive tribal community who live in the pristine hills around Niyamgiri in Western Orissa's Kalahandi district. On youTube, a series of spots campaigns have been running for their rights against a corporation named Vedanta. The mountain, the Dongria Kondhs worship, is the centre of rich deposits of bauxite that Vedanta wants to mine.

Now, a committee set up by the government has said that Vedanta's project, worth 5000 crores, should not be allowed in the area.

The committee, headed by NC Saxena, is critical of the Orissa government's decision to clear the project; its report states that government officials colluded with the firm in question, Vedanta, to allow blatant and widespread violations of forest and environmental laws, and of the basic rights of the tribals for whom this is home.



"This committee is of the firm view that allowing mining... in order to benefit a private company would shake the faith of the tribals in the law of the land," ruled the N C Saxena Committee, which was set up by the Environment Ministry in July this year.



The alleged violations by Vedanta in Niyamgiri Hills mean more embarrassment for Orissa Chief Minister Naveen Patnaik - there has been large-scale opposition from locals to a massive steel plant being set up nearly 500 kilometers away in coastal Orissa by Korean company POSCO.

Vedanta, the Saxena Committee states, has illegally occupied at least 26 hectres of village forest land within its refinery, set up at the base of the Niyamgiri mountain.



The construction begun by Vedanta, the Saxena Committee says, has been extensive - neither environmental clearances, nor the consent of the local community (required by law) in tribal and forest areas like this one has been taken.

The final call will be taken by Environment Minister Jairam Ramesh. "The big issue before me now is whether to give the stage two clearance or not. The environment ministry has to take a stand. It can't waffle everytime," he said.

But some believe that it's Congress leader Rahul Gandhi who may be influencing government policy on this project. In March 2008, he visited the area and promised his support to the Dongria Kondh.



http://www.financialexpress.com/news/vedantas-orissa-project-faces-setback-over-forest-clearance/661059/

Vedanta’s Orissa project faces setback over forest clearance

Posted: Tuesday, Aug 17, 2010 at 2330 hrs IST

Bhubaneswar: The London-based Vedanta Resources’ plan to set up the world’s largest alumina refinery in Orissa — 6 million tonne per annum — on Monday suffered a severe setback with the Saxena Committee recommending cancellation of the forest clearance to the Niyamgiri mines.

The Saxena Committee castigated Vedanta Resources and also the Orissa government for the violation of the Forest Conservation Act as well as the Forest Right Act. The Saxena Committee, in its 119 page report submitted to the Union minister for environment and forest on Monday, has recommended that the Stage-I forest clearance accorded to the Niyamgiri bauxite mines be withdrawn immediately.

It was following allegations of illegal activities in the Niyamgiri mines by Vedanta Resources that the Union ministry for environment and forest (MoEF) had sent a four member team under the leadership of NC Saxena in July. The other members of the team are P Parsuraman, Promode Kant and Amita Baviskar. The committee members extensively toured the Niyamgiri forest areas spread over Kalahandi and Rayagara districts and interacted with the primitive Dongaria tribals besides the various civil society fighting for the implementation of Forest Right Act and Conservation of Forest Act.

Stating that there were gross violations in implementation of the Forest Right Act, Forest Conservation Act, PESA Act, the environment pollution norms, and also the Supreme Court’s directives, the committee has observed, “This Committee is of the firm view that allowing mining in the proposed mining lease area by depriving two Primitive Tribal Groups of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land. Since the company in question has repeatedly violated the law, allowing it further access to the proposed mining lease area at the cost of the rights of the Kutia and Dongaria Kondh, will have serious consequences for the security and well being of the entire country.”

The committee has said that the state government has produced false certificates to claim that the Forest Right Act has been implemented in the proposed mines areas. The government officials have also closed their eyes to the use of forest land and village forest land by the company in violation of the Forest Conservation Act, the committee said.



http://www.indigenouspeoplesissues.com/index.php?option=com_content&view=article&id=6291:report-of-the-four-member-committee-for-investigation-into-the-proposal-submitted-by-the-orissa-mining-company-for-bauxite-mining-in-niyamgiri&catid=63:central-asia-indigenous-peoples&Itemid=85

Monday, 16 August 2010 12:14

Report Of The Four Member Committee For Investigation Into The Proposal Submitted By The Orissa Mining Company For Bauxite Mining in Niyamgiri

Dr N C Saxena, Dr S Parasuraman, Dr Promode Kant, and Dr Amita Baviskar, 2010

Submitted to the Ministry of Environment & Forests

Government of India New Delhi

The proposed mining lease (PML) area, which lies on the upper reaches of the Niyamgiri hills, is surrounded by dense forests and is the habitat for diverse species of plant and animal life. The PML site is largely grassland surrounded by sal forests. This type of grassy meadow eco-system is usually found on lateritic zones on upper reaches at about 700 metres and above. The fact that this ecosystem is mostly prevalent in areas inhabited by the Dongaria Kondh suggests that, besides natural geological and climatic factors, it has also been modified by human actions such as burning for grasses and collection of Minor Forest Produce (MFP) practiced over a long period by the hill tribes. Fires are an annual feature leading to patches of grassy blanks. This retrogression, combined with grazing, adds to the area of the naturally occurring meadows. Some 20 species of orchids are found in and around the PML. The members of the Dongaria Kondh tribe use these plants as medicines to treat different ailments like scorpion and snake bites, stomach disorders, arthritis, tuberculosis, paralysis, cholera, acidity, eczema, tumours, menstrual disorders, wounds and sores, diarrhoea, dysentery, bone fractures, rheumatism, asthma, malaria, etc.

The Niyamgiri massif is important for its rich biodiversity. In addition, it also plays the critical role of linking forests of Kandhamal district to forests of Rayagada, Kalahandi and Koraput districts. These forests also join the Karlapat wildlife sanctuary in the north-west and Kotagarh wildlife sanctuary in the north-east. They thus have high functional importance in creating an uninterrupted forest tract which is part of a continuous long corridor extending outside the protected area.

Such corridors are particularly important for the conservation of wildlife species like elephant and tiger found in this region. The wild life productivity of this habitat is particularly high because it provides the valuable ‘edge effect’ to wild animals with open grasslands as feeding space and the neighbouring trees for shelter and escape. The forested slopes of the Niyamgiri hills and the many streams that flow through them provide the means of living for Dongaria Kondh and Kutia Kondh tribes. These are Scheduled Tribes, with the Schedule V of the Indian Constitution which enjoins the government to respect and uphold the land rights of Scheduled Tribes applying to the entire Niyamgiri hills region. These tribes are also notified by the government as ‘Primitive Tribal Groups’ and eligible for special protection. While the Dongaria Kondh live in the upper reaches of the Niyamgiri hills, the Kutia Kondh inhabit the foothills. The Dongaria Kondh derive their name from dongar or hill.

The Niyamgiri hills are the sole habitat of this group whose distinctive identity is evident in their unique language, agro-forestry expertise, social structure, and religious practices. At least 1453 Dongaria Kondh (20 per cent of the total population of the community numbering 7952 as of the 2001 census) live in villages in and around the Forest Blocks of the proposed mining lease area.

The two communities regard the Niyamgiri hills as sacred and believe that their survival is dependent on the integrity of its ecosystem. The PML site is amongst the highest points in the hills and it is considered especially important as a sacred site. All the Dongaria and Kutia Kondh villagers that the Committee conversed with emphasized the connection between their culture and the forests of the Niyamgiri hills. The proposed mining lease (PML) area is used by both Dongaria and Kutia Kondh and is part of their Community Reserved Forests as well as their habitat, since they depend on it for their livelihoods as well as socio-cultural practices.



Their reverence for the hills is rooted in their strong dependence on the natural resources that the mountains provide. Their customary practices in the area include agriculture, grazing and the collection of minor forest produce. The age-old access of Kutia and Dongaria Kondh to the PML area and the surrounding forests has been recognised in several forest settlement reports and Working Plans, and was also confirmed by the forest staff to the Committee members during their field visit. The PML is locally known as Aonlabhata for the large number of Amla (Emblica officinalis) trees to be found on its edges, the fruit of which is harvested for medicinal use and for sale.

The PML and the neighbouring forests are also known to be the source of many other forest products including edible mushrooms and honey, items that are important sources of nutrition in the Kondh diet as well as marketable commodities that fetch them a good income. The tiny community of the Dongaria Kondh, who live in the upland areas of the Niyamgiri hills, depend on the hills intensely. Their distinctive cultural identity is intrinsically linked to the Niyamgiri hills and they have crafted a diverse and intricate agro-forestry system that uses mountain slopes and streams to great advantage. Dongaria Kondh cultivate patches of land cleared from the forest that are rotated to maintain soil fertility. Since their population is very small, they regard land as plentiful and leave most of it forested. They are renowned for their skill in horticulture. The fruit that they grow on forest plots fetches them a handsome income throughout the year. In addition, they collect a variety of forest produce and also rear chicken, pigs, goats and buffaloes. Ecological Costs of Mining Mining operations of the intensity proposed in this project spread over more than 7 square km would severely disturb this important wildlife habitat. The entire Niyamgiri hills will suffer major ecological damage if mining is allowed in the PML area. Several perennial springs flow from below the top plateau, which is a part of the proposed mining lease site.

It appears likely that the PML could be one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster.

• As many as 1,21,337 trees will have to be cut in case the mining lease is granted. Of these trees approximately 40 per cent would be in the mining lease area while the remaining 60 per cent would have to be removed to construct the access road and other mine related planned activities.

• Given that more than 1.21 lakh trees have to be felled; and since the number of shrubs and large herbs in a rich tropical forest are at least thrice the number of trees, it can be reasonably concluded that more than 3.63 lakh shrubs and ground level flora would also be cleared under the project.

• The PML (and the Niyamgiri Hills habitat) is highly productive in terms of wildlife since it provides the valuable ‘edge effect’ to wild animals, with open grasslands as feeding space and neighbouring trees for shelter and escape.

• The grasses are breeding and fawning ground for Four-Horned Antelope (Tetracerus quadricornis), Barking Deer (Muntiacus muntjac), as well as Spotted Deer (Axis axis). A rare lizard, Golden Gecko (Callodactylodes aureus), is found on the proposed lease area.

• The value of Niyamgiri hill forests as an important elephant habitat is well recognized; therefore this habitat has been included within the South Orissa Elephant Reserve.

Mining on the scale proposed in this habitat would severely disturb elephant habitats, and threaten the important task of elephant conservation in south Orissa. That mining causes severe disturbance to elephant habitats has already been demonstrated in Keonjhar district. Human Costs of Mining The PML area falls under four different administrative categories of forests. Though there are no villages inside the PML area itself, there are four villages inside the boundaries of the four forest blocks, as per the topo sheet, and 12 villages inside these four blocks as per government notification. In addition, there are 27 villages adjoining to the four Forest Blocks as per the topo sheet. Mining, if permitted, will directly affect a substantial section (almost 20 per cent of their entire population in this world!) of the Dongaria Kondh community.

An impact on such a significant fraction of the population of the community will have repercussions on the community’s very survival, the overall viability of this group and its biological and social reproduction. All the 104 Dongaria Kondh villages are linked by marriage, since the member of a clan must seek a spouse from another clan. The circulation of women and bride-price between villages is essential for maintaining the social and economic integrity of the community. The mining operations will also have significant adverse impact on the livelihoods of these communities for three reasons.

• The mining operations will destroy significant tracts of forest lands. Since the Dongaria and Kutia Kondh are heavily dependent on forest produce for their livelihood, this forest cover loss will cause a significant decline in their economic well-being.

• Their cultivation lands lie in close proximity to the PML area. Mining-related activities such as tree-felling, blasting, the removal of soil, road building, and the movement of heavy machinery will deny them access to their lands that they have used for generations.

• These activities will also adversely affect the surrounding slopes and streams that are crucial for their agriculture. If the economic and social life of one-fifth of Dongaria Kondh population is directly affected by the mining, it will threaten the survival of the entire community - mining would destroy their economic, social and cultural life.

Enforcement of the Forest Rights Act The entire PML area falls in the category of Community Forest Resource (CFR) as defined in section 2(a) of the Forest Rights Act (FRA) for the tribals living in the villages inside or surrounding the four forest blocks, the list of which is given in section 2.B.i. In addition to these villages, there are several villages within one to five km aerial distance from the proposed mining lease (PML) area. The entire PML area (including the area of all the four forest blocks) is clearly the habitat of the two Primitive Tribal Groups and their villages, as defined in section 2(h) of the FR Act.

These villages have been vested with recognizable community and habitat rights by GoI under section 4(1) of the FRA, and the procedure laid down in section 6 of the FRA must be followed by the district authorities. These rights should have been formalized by now, as the Act came into being more than two years ago on the 1 January, 2008. As holders of these rights, the entire Dongaria Kondh community and Kutia Kondh living close to the four forest blocks are empowered under section 5(c) of the Act to ensure that their habitat is preserved from any form of destructive practices that affects their cultural and ecological heritage.

The state government cannot take any action that appropriates a part of their habitat without following the due process of law.

• As per the Preamble of the FR Act, forest dwellers are ‘integral to the very survival and sustainability of the forest ecosystem’. Therefore, in law, forests now include forest dwellers and are not limited to trees and wildlife. Since the MoEF is charged with the responsibility of implementing the Forest Conservation Act, it has to ensure that both forests and forest dwellers are protected.

• As far as forest rights are concerned, the Forest Rights Act, is a special law and therefore the authorities specified under it override those recognized by the Forest Conservation Act, a more general law. Section 5(c) has authorized the Gram Sabhas to ensure that their habitat is preserved from any form of destructive practices affecting their cultural and natural heritage. MoEF, as the authority under the Forest Conservation Act, cannot override the statutory authority under the Forest Rights Act, viz. the Gram Sabhas. MoEF would in fact be guilty of violating the FR Act, if it ignores the wishes of the Gram Sabhas.

• The FR Act does not provide for modification of rights for any purpose other than conservation of critical wildlife habitats. The Section 5 of the Act vests the Gram Sabhas and the forest dwellers with statutory rights to their habitats, where they have the authority to conserve, protect and manage forests, biodiversity, wildlife, water catchment areas and their cultural and natural heritage. The rights conferred under the Forest Rights Act automatically imply that free, prior and informed consent of forest dwellers such as the Dongaria and Kutia Kondh is a prerequisite for the diversion/destruction of the forest that they inhabit. The consent of these communities is required before any damage or destruction of their habitat and community forests is authorized. This is independent of the fact whether the Gram Sabhas submit their claims for the PML area or not.

• Appropriation of land over which tribal and other inhabitants of these habitats have well-recognized ownership and access rights, without due process of law and without consulting the villagers themselves, would not only violate the Forest Conservation Act, but would also forcefully evict forest-dwelling Scheduled Castes and Tribes from their lands and prevent them from exercising their rights under FRA over their habitats.

• According to section 4(5) of FRA, there can be no removal or eviction of people from forest land unless the tribal rights under FRA have been recognized and the verification procedure is complete. In order to ensure the compliance of this section, MOEF, vide its circular F.No. 11-9/1998-FC (pt) dated 3 August, 2009, asked the state government to submit a number of certificates to GoI, before its proposal for diversion under the Forest (Conservation) Act, 1980 can be considered. These certificates included letters from each of the concerned Gram Sabhas, indicating that all formalities/processes under the FRA have been 4 carried out, and that they have given their consent to the proposed diversion. The District Collectors did not attach any of these letters from the Gram Sabhas in their certificates given in March 2010.

• The Chief Secretary, Orissa in a general direction dated 24 October, 2009, to all District Collectors, had instructed that proposals for diversion of forest land should be put before the Gram Sabhas, and their consent or rejection should be attached. This directive was also ignored by the district administration of Rayagada and Kalahandi: the letters from the Gram Sabhas were not attached with the certificates given by the Collectors.

• The district authorities have failed to provide maps and electoral rolls to the Gram Sabhas as provided in rule 6(b) of the FR Rules. Hence they have violated these FR Rules. In addition, they have also failed to act under rule 12(3) of FR Rules. This rule mandates that if a forest area is used by more than one Gram Sabha, the Forest Rights Committees of the respective Gram Sabhas shall meet jointly to consider the nature of enjoyment of such claims, and submit the findings to the respective Gram Sabhas in writing. As the PML habitat may be common to a large number of villages or an entire tribal group, it was incumbent upon the district administration to call a meeting of multiple concerned villages. In fact, by failing to record the community and habitat rights of the Kondh, these officers are guilty of violating the law. They should not forget that they could be punished under section 7 of the FR Act for contravening the provisions of the Act and the Rules. However, we are not recommending their prosecution, but we will suggest that they be sent for a specially designed training programme on ‘Forest Rights Act and Tribal Development’.

• From the meeting with the senior officers and the Chief Secretary, it was apparent that the district administration has been reluctant to act fairly and firmly under section 6 of the Act to formalize the rights of Kondh over the PML area, as the state government has already decided to transfer the said land for mining. Hence, it was not keen to recognize community and habitat rights of the Primitive Tribal Groups over the PML area. This is in spite of the undisputed fact that, as dictated by the FR Act, government authorities have no discretionary rights to ignore these rights. Not only is the transfer of community resources for mining without seeking their informed consent unfair, it is also illegal after the enactment of the FR Act. The administration has also failed to consult the PTGs and other forest dwellers about the impact of mining on their lives after the passing of FR Act. Their consent for diversion of land has not been taken.

• Claims from Gram Sabhas for the PML area - Despite the reluctance of the district administration and state government, several Gram Sabhas have already passed resolutions claiming community and habitat rights over the PML area under various sub sections of section 3, such as (1)(b), (c) and (e), and forwarded the same to the SDLC, as provided in section 6(1) of FRA. For instance, the resolution of the Gram Sabha of village Kendubardi demanding rights over Aonlabhata (one of the local name for the PML area) has been received in the SDLC in Aug 2009. Similarly, the Palli Sabha resolution dated 8 January, 2010, from village Phuldumer, which was visited by the chairperson, states, ‘We use Aonlabhata (Badabhatta) the area of Niyamgiri which is the proposed mining lease area of Vedanta’. Rather than process such applications as under law, the district authorities chose to give a false certificate in March 2010 (annexure 1) that there have been no claims from the Gram Sabhas for the area covered under mining lease.

• After the visit of the committee members to village Khambesi, their Palli Sabha too passed a resolution on 30 July, 2010, stating, ‘It was unanimously decided that as the proposed area is the primary source of our life and livelihood as well as the basis of our culture, the mining would be protested. Through this Gram Sabha resolution this message would be conveyed to the committee constituted by the Ministry of Environment and Forest, Government of India, not to allow the VEDANTA company for the extraction of bauxite from the Niyamagiri reserve forest, Proposed Khambesi reserve forest, proposed Nimagiri reserve forest and other adjacent forest areas’.

• There is yet another formality to be completed by Orissa government. Since in district Rayagada the formalities of section 6 onwards under the Orissa Forest Act in respect of Khambesi and Nimagiri PRF have not been completed, it is clear that the condition (xvii) imposed by GoI in its order dated 11 December, 2008, has not been fulfilled.

• From the evidence collected by the Committee, we conclude that the Orissa government is not likely to implement the FR Act in a fair and impartial manner as far as the PML area is concerned. It has gone to the extent of forwarding false certificates and may do so again in future.

The MoEF is advised not to believe the Orissa government’s contentions without independent verification. GoI should therefore engage a credible professional authority to assist people in filing their claims under the community clause for the PML area with the state administration. Even if the applications for habitat and community rights are filed, there is the danger that these can be arbitrarily rejected. Hence the authority established by GoI must follow these applications through each stage, and inform MoEF immediately of violations of the Act and its Rules. Similarly any certificate given by the district and state authorities regarding the consent of Gram Sabhas to diversion of forest area for mining must be subject to independent scrutiny by this authority. Based on these objective reports, the GoI has to draw its conclusions about the intent and actions of the state administration and act appropriately.

• It is established beyond any doubt that the area proposed for mining lease (PML) and the surrounding thick forests are the cultural, religious and economic habitat of the Dongaria Kondh. Section 4 of the FRA recognizes these rights, and these facts are undisputed.

The Government of Orissa and the district committees have to complete the procedure as given in section 6 of the Act, and formalize the rights of the indigenous communities and correct its administrative records. The rejection of the claims of the Primitive Tribal Groups on any grounds whatsoever is illegal on the part of district or sub-divisional committees. If such action is taken against the PTG by the Orissa Government, GoI has to conclude that provisions of FR Act have not been followed by the state government. Based on this, it must withdraw the stage one clearance given under FCA for the said area.

In sum, the MOEF cannot grant clearance for diversion of forest land for non-forest purposes except if:

1. The process of recognition of rights under the Forest Rights Act is complete and satisfactory;

2. The consent of the concerned community has been granted; and

3. Both points have been certified by the Gram Sabha of the area concerned (which must be that of the hamlet, since this is a Scheduled Area). All of these conditions, not any one, must be satisfied. This is irrespective of the fact whether people have filed claims or not. In short, the circular of 3 August, 2009, by the Ministry of Environment and Forests, which lays down these conditions has articulated the correct legal position. The Ministry should enforce its circular with all the authority at its command.

There are already a large number of Palli Sabha resolutions from Kalahandi and Rayagada districts, where people have applied for forest rights on the same area that is proposed to be given on lease for mining. Some Palli Sabhas have explicitly opposed the diversion of their forests for mining. The Sarpanch of Parsali (district Rayagada) gave such an application personally to the Chairperson which was handed over to the Collector on the 9th July. Therefore there is incontrovertible evidence that the three conditions listed above are not satisfied, and therefore the application of Orissa government for diversion of forest land should be rejected. If mining is permitted on this site it will not only be illegal but it will also:

• Destroy one of the most sacred sites of the Kondh Primitive Tribal Groups

• Destroy more than seven square kilometers of sacred, undisturbed forest land on top of the mountain that has been protected by the Dongaria Kondh for centuries as sacred to Niyam Raja and as essential to preserving the region’s fertility.

• Endanger the self-sufficient forest-based livelihoods of these Primitive Tribal Groups

• Seriously harm the livelihood of hundreds of Dalit families who indirectly depend upon these lands through their economic relationship with these Primitive Tribe Groups,

• Build roads through the Dongaria Kondh’s territories, making the area easily accessible to poachers of wildlife and timber smugglers threatening the rich biodiversity of the hills Violation of Forest Conservation Act

• The company is in illegal occupation of 26.123 ha of village forest lands enclosed within the factory premises. The claim by the company that they have only followed the state government orders and enclosed the forest lands within their factory premises to protect these lands and that they provide access to the tribal and other villagers to their village forest lands is completely false. This is an act of total contempt for the law on the part of the company and an apalling degree of collusion on the part of the concerned officials.

• For the construction of a road running parallel to the conveyor corridor, the company has illegally occupied plot number 157(P) measuring 1.0 acre and plot number 133 measuring 0.11 acres of village forest lands. This act is also similar to the above although the land involved is much smaller in extent. Violation of the Environment Protection Act (EPA)

• The company M/s Vedanta Alumina Limited has already proceeded with construction activity for its enormous expansion project that would increase its capacity six fold from 1 Mtpa to 6 Mtpa without obtaining environmental clearance as per provisions of EIA Notification, 2006 under the EPA. This amounts to a serious violation of the provisions of the Environment (Protection) Act. This expansion, its extensive scale and advanced nature, is in complete violation of the EPA and is an expression of the contempt with which this company treats the laws of the land. Violation of conditions of Clearance under EPA granted to Refinery

• The refinery was accorded clearance under the EPA on the condition that no forest land would be used for the establishment of the refinery. But now it is clearly established that the company has occupied 26.123 ha of village forest lands within the refinery boundary with the active collusion of concerned officials.

Hence, the environmental clearance given to the company for setting up the refinery is legally invalid and has to be set aside. Very limited relevance to the expanded Refinery:

• The mining activities in the PML site will have limited relevance to the refinery now under its six fold expansion as the 72 million ton ore deposit here would last only about four years for the increased needs of the expanded refinery. In balance against this are the severe adverse consequences on the primitive tribal people, environment, forests and wildlife that inhabit these forests. Non-implementation of the Panchayats (Extension to the Scheduled Areas) Act (PESA) The concerned area is a schedule V area where PESA is applicable.

Thus, in addition to the implementation of FRA, the state government also has to ensure the compliance of the following provisions of PESA: Section 4(i): The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects. section 4(d): every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution; section 4(m) (iii), according to which Gram Sabha has the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.



Recommendations

• On the basis of oral and documentary evidence collected by the Committee it is established beyond dispute that Dongaria and Kutia Kondh have had traditional, customary, and often formalized access to the PML area as well as to the surrounding thick forests on the slope to collect various types of forest produce. These rights would be extinguished if the area is transferred for mining.

• The Ministry of Environment and Forests cannot grant clearance for use of forest land for non-forest purposes because the legal conditions for this clearance as laid down by its circular of 3 August, 2009, have not yet been met. These include the following: the process of recognition of rights under the Forest Rights Act has not been completed; the consent of the concerned community has neither been sought nor obtained; and the Gram Sabhas of the area concerned (hamlets in a Scheduled Area) have not certified on both these points as required.

• Mining will severely degrade the Niyamgiri hills ecosystem which is a rich wildlife habitat and an important and recognized elephant corridor, endanger the Dongaria Kondh’s self-sufficient forest-based livelihoods, and lead to the extinction of their culture over a period of time.

• More than 7 square kilometres of the sacred undisturbed forest land on top of the mountain that has been protected for ages by the Dongaria Kondh as sacred to their deity, Niyam Raja, and essential for the region’s fertility, will be stripped off its vegetation, soil and rendered into a vast barren exposed land.

• Mining will build roads through the Dongaria’s territories, opening the area to outsiders, a trend that is already threatening the rich biodiversity of the hills.

• The mining at the proposed mining lease site will provide only 3Mtpa of ore out of the total annual requirement of 18 Mtpa of the Refinery after its ongoing expansion from the existing capacity of 1 Mtpa to 6 Mtpa (for which they have already nearly completed the work even before getting permission). The proposed mining site thus has low relevance to the future of the Refinery and is not critical at all for its functioning as is being claimed by the Company and the state officials.

• The Vedanta Company has consistently violated the FCA, FRA, EPA and the Orrisa Forest Act in active collusion with the state officials. Perhaps the most blatant example of it is their act of illegally enclosing and occupying atleast 26.123 ha of Village Forest Lands within its refinery depriving tribal, dalits and other rural poor of their rights. In view of the above this Committee is of the firm view that allowing mining in the proposed mining lease area by depriving two Primitive Tribal Groups of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land which may have serious consequences for the security and well being of the entire country.