Niyamgiri verdict a victory for tribal rights, says Amnesty

Now, adivasis will have final decision on plans for bauxite mine by a subsidiary of UK-based Vedanta Resources

The human rights group, Amnesty International has welcomed the Supreme Court judgement on bauxite mining at Niyamgiri Hills in Odisha’s Kalahandi district.

Amnesty said , SC’s ruling that the indigenous (Adivasi) communities will have the final decision on plans for a bauxite mine by a subsidiary of UK-based Vedanta Resources is a land mark  victory in recognizing indigenous rights in India.

"The Dongria Kondh community, whose identity is fully dependent on these hills, has been fighting for the survival of their way of life for a decade. The mine would have resulted in violation of their rights as indigenous peoples, as well as their rights to water, food, health, work amongst others. This ruling is hugely important for the Dongria Kondh,” said G Ananthapadmanabhan, Chief Executive of Amnesty International India in the organisation’s website.

The human right watch dog also urged the authorities to incorporate the free, prior and informed consent (FPIC) principle into the proposed amendments to existing mining and land acquisition laws, which are now pending before the parliament.
He said, ”Authorities should heed the December 2012 recommendation of India’s National Advisory Council to adopt FPIC in relevant legislation”.

In its verdict on bauxite mining at Niyamgiri, a three-member jury of the SC consisting of Justice Aftab Alam, Justice K S Radhakrishnan and Justice Ranjan Gogoi have given direction to the Odisha government to place issues of community, individual as well as cultural and religious claims of local tribals before the gram sabha so that it can decide on them within three months.

The fate of Vedanta Aluminium Ltd's (VAL) one million tonne refinery at Lanjigarh, located close to the proposed bauxite mining site, hinged on bauxite supplies from the Niyamgiri hills. VAL had entered into a joint venture pact with OMC, the lessee of bauxite deposits in Niyamgiri, for supply of 150 million tonne of raw material.

However, the Niyamgiri mines could not be opened as the Union ministry of environment & forest (MoEF) had scrapped Stage-II forest clearance on August 24, 2010.  VAL's refinery has been shut since December 5 last year on bauxite unavailability.