Claiming Niyamgiri: The Dongria Kondh’s Struggle against Vedanta

Presented By:

VIKAS KUMAR

Introduction Odisha (previously Orissa) is one of the most

resourcerich states continues to remain one of the poorest states, with 32.59 per cent of the population below the poverty line.

To increase the state’s productivity and to cash in on the treasure chest of resources, the Government of Odisha signed 79 MoUs with various companies to setup mineralbasedindustries, with a total proposed investment of US $606.95 billion.

One such agreement was signed with Vedanta Aluminum Limited (VAL); a subsidiary of Vedanta Resources for the development of an alumina refinery and a bauxite mining plant in the most environmentally diverse region of the NiyamgiriMountains in Odisha.

This project was meant to aid the state’s industrial growth and to enhance the public’s economic standard.

However, the Government and Vedanta, both failed to consider the detrimental impact of the project on one major segment of the community – the Dongria Kondh tribe.

Niyamgiri Hills

Niyamgiri Mountains of is 4248 feet high. It is the source of 32 rivulets contributing to Vansadhara and Nagavali River flowing through Kalahandi and Rayagada.

It contains elephant, sambhars, leopards, tigers, barking deers, various species of birds and other endangered species of wildlife in 672.018 ha forest land.

It has more than 300 species of plants, trees, etc. including about 50 species of medicinal plants. Six of the species are listed in the Red Data Book.

The Mountain of Niyamgiri is protected under Section 18 of the Indian Wildlife Act and due to its rich wildlife population, it was proposed as a wildlife sanctuary by the Ministry of Environment and Forests in 1998.

In 2004, the Orissa government declared the region an elephant reserve.

They are home to more than 8,000 of the Dongria Kondh people, whose lifestyle and religion have helped nurture the area’s dense forests and unusually rich wildlife.

Vedanta Proposal• Niyamgiri hills belong to the Eastern Ghats, and in-situ reserves of

metallurgical grade bauxite have been reported from this area.

• The REIA (Rapid Environmental Impact Assessment) report prepared by TataAIG Risk Management Services Ltd., Mumbai (TARMS) for SIIL mentions thatthe estimated bauxite reserve in the lease area is about 73 million tons andthe estimated life span of the mining is 23 years.

• Vedanta Alumina Limited, a subsidiary of M/S Sterlite Industries (India) Limited is going to mine bauxite deposit from the Niyamgiri hills jointly with Orissa Mining Corporation Limited (OMC) as per the lease agreement signed in between VAL (Vedanta Alumina Ltd.) and Orissa Mining Corporation (OMC) in October 2004.

• According to the MoU signed by SIIL and Govt.of Orissa on 7th June 2003, SIIL would set up an Alumina Complex, which includes 1.0 MTPA Alumina Refinery Plant, 3.0 MTPA of bauxite mining and 75 MW Captive Power Plant at Lanjigarh in the disrict of Kalahandi at an aggregate investment of approximately Rs.4000/- crore.

• The proposed mining site is located on the top of Niyamgiri hills.

Centre of struggle• The proposed mining plant is located at the top of the Niyamgiri Hills and

the alumina refinery is situated at the foothills, near Lanjigarh.

• The construction of an approach road to the mining site and conveyor belts for transporting ore from the mine to the refinery requires the felling of numerous trees and massive deforestation drives.

• As a part of Niyam laws, felling trees on mountain tops is considered taboo and as a sign of disrespect to their supreme deity Niyam Raja (The King of Law) .

• So the centre of the struggle was the Dongria’s sacred mountain, the ‘mountain of law’. The Dongrias worship the top of the mountain as the seat of their god and protect the forests there.

• The Dongria Kondh would lose their livelihood, their identity and the sanctity of their most religious site.

• In common with other displaced tribal peoples worldwide, they would also lose their present good health, their self-sufficiency and their expert knowledge of the hills, forests and farming systems that they have nurtured.

IMPACT OF MINING ON NIYAMGIRI

• Among the major environmental impacts of bauxite mining are the implications of the disposal of alkaline mud otherwise known as 'red mud'.

• Escape of caustic soda, used to extract alumina from raw bauxite, into the ground water is quite likely which will increase sodium concentration in the well water, etc., and high sodium is undesirable in potable water since it is associated with hypertension, heart disease and stroke.

• It clearly mentioned in the REIA report under title heading ‘Land Environment’ in No. 11, that the proposed project will result in change in land use pattern. There will be reduction in the forest cover (mainly reserve forest cover).

• The most severe effect of mining will be on the Dongria Kondh whose social, cultural and economical life is deeply interlinked with the Niyamgiri Hills – will be uprooted from their sacred home.

• Implementation of the mining project will cause the Dongria Kodh to lose their precious homes, their culture and heritage, and most importantly, their identity.

• Not only will the project spell doom for these tribes and the ones whose lands fall under the alumina plant area, it would also devastate the local ecology-springs, rivers, and many endangered species. The people of south Orissa will lose their permanent source of water from Vamsadhara and Nagavalli, which irrigate their fields and meeting their drinking water, needs.

THE MASS MOVEMENT

As an aftermath of the Supreme Court’s decision on Aug 8 2008 to allow the environmental clearances of both the alumina refinery and the mining plant, the Dongria Kondh rose together to protest this decision.

The movement against Vedanta also gained massive support from international communities.

Organizations like Survival International, Amnesty International visited the protest site in India regularly and also organized mass rallies outside the company’s London office.

The organization also launched an international campaign, encouraging major shareholders of Vedanta Resources to disinvest in the company until it removed its operations from Niyamgiri.

Witnessing the company’s atrocious treatment of the Dongria Kondh and its involvement in the blatant violation of human rights, many international investors like the Norwegian Government Pension Fund, Martin Currie, the Church of England and Marlborough Ethical Fund sold their stocks in the company.

Government’s Awakening

• “A decade-long stand-off between Vedanta and the villagers of Odisha’s Niyamgirihills has culminated in an outright rejection of then company’s plans to mine bauxite to feed its alumina refinery at Lanjigarh on August ,2013.”

• In April 2009, the Ministry of Environment and Forests (MoEF) had cleared the mining project. Amid widespread protests, the Centre constituted a committee under NC Saxena that pointed out a number of irregularities.

• Subsequently, acting on the fresh recommendation of the Forest Advisory Committee (FAC) that had in 2007 approved the project, then Environment minister Jairam Ramesh ordered temporary withdrawal of clearance in August 2010.

• In March 2011, the Odisha government moved the Supreme Court against the MoEF’s order.

• Once the ministry defended its stand as safeguard against possible violation of cultural and religious rights of the local tribals; the SC on 18 April,2013 asked the state to seek the view of affected villagers.

• Asked by the Supreme Court to take a call on the proposed mining, all 12 gram sabhas have asserted their community rights over Niyamgiri and said no to the state government’s move to hand over nearly 700 hectare of forest land to VAL (Vedanta Aluminium Ltd) for harvesting bauxite.

How Vedanta Lost

• Acting on the state government’s assurance of handing over a bauxite reserve lying within a stone’s throw, Vedanta has already invested Rs 50,000 crore in the project in building the refinery at Lanjigarh.

• The company sought environment (2003) and forest (2004) clearances for its plant separately. The application for the environment clearance made no mention of the forest land required.

• The environment clearance was issued in 2004 on condition that the company would secure mining clearance before “operationalising” the refinery.

• The approval letter stated that “the project does not involve diversion of forest land.”

• The MoEF issued a stop-work notice in 2005 till clearance was given for the diversion of 58.9 hectare of forestland.

• The company promptly withdrew its application for forest clearance, saying it didn’t need the forest land.

• Following a strong recommendation by the Central Empowered Committee against mining, the SC in 2006 , asked the Wildlife Institute of India (WII) and Central Mine Planning and Design Institute Limited (CMPDIL) to examine the project’s impact on wildlife, soil and water systems.

• While CMPDIL gave the project a clean chit in 2007, the WII report expressed a number of concerns over the impact of mining on the wildlife before settling for a Rs 42-crore mitigation plan.

• In 2008, the Supreme Court gave clearance to phase-II of Vedanta's mining project at Niyamgiri. But in August 2010,the Ministry of Environment and Forests withdrew the clearance.

• On 18th April 2013, the Supreme Court had empowered the village councils to decide on the project in order to protect their customary and religious rights. The rejection of Vedanta’s proposal to dig in the Niyamgiri hills came after 12 village councils of Dongriya Kondh tribal groups rejected the project in their traditional forestlands.

• Thanks to the Supreme Court, the people’s courts at Niyamgiri have set a benchmark for the implementation of the Forest Rights Act.

Concerns?• In the Niyamgiri context, the first question that arises when we talk about

development is “Whose development? “

• From where will the tribal community draw the traditional food, medicines and livelihood they are depended on for generations?

• What about the loss of traditional knowledge that sustained not only the tribal but the civilisation?

• How do they deal with the pollution and the poison emitted from mining and processing?

• What sustainable alternatives could be proposed to displacement induced development?

ANSWER

i. Forest Management

ii. Sustenance of Tribal Way of Life

iii. Effective enforcement of The Forest Rights Act (FRA) established in 2006.

Conclusion• The Forest Rights Act (FRA) established in 2006, prevents the

usurping of forest dwelling communities from their rightful lands and it also gives traditional communities the rights to protect, manage and conserve their forests.

• The case of Niyamgiri; where the tribals won over the mining giants, revealed the inadequacies of the system in implementing the cultural, traditional and religious rights of tribals in India.

• It presented the need for an improvement in the present laws and guidelines, with a striking necessity to include tribals’ rights. The Dongria Kondh, who had peacefully existed in the forests of Niyamgiri until the arrival of Vedanta, have now presented a streak of hope to other tribals in the country fighting for days on end just for the right to survive on their own lands.

• Now it is for our elected leaders to honour the people’s trust and commit and deliver within the confines of a democracy.

Reference

• “ Vedanta Cares? A report on Vedanta.”

• “A brief report on Ecological and Biodiversity Importance of Niyamgiri Hill and Implications of Bauxite Mining,”.

• “How Vedanta Lost The Plot,” Tehelka, online at:http://www.tehelka.com/howvedantalosttheplot/ (http://www.tehelka.com/howvedantalosttheplot/)

• “Interview: Anthropologist Felix Padel on Life and Struggle in Niyamgiri,” India Resists,Online at: http://www.indiaresists.com/interviewanthropologistfelix-padelonlifeandstruggleinniyamgiri/

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