ओरिसाच्या डोंगरीया कोंध आदिवासींचा डोंगर देवतेसाठी लढा
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Forest land cannot be diverted for Vedanta project, says Centre
Justifying the cancellation of the environmental clearance granted to Vedanta for the Lanjigarh Bauxite mining project in Odisha, the Ministry of Environment and Forests (MoEF) on Friday said that forest land cannot be diverted under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
In its affidavit filed in the Supreme Court, the MoEF said: “The diversion of forest land on the proposed mining site of the Lanjigarh bauxite mining lease is violative of the fundamental rights of the Dongria Kondh tribals as well as the spirit of Forest Rights Act especially for the vulnerable tribal groups such as the Dongria Kondh and thus cannot be allowed for this reason alone.”
It said: “More than 7 sq. km. of the sacred undisturbed forests on top of the mountain, where the proposed mining lease area of the Lanjigarh bauxite mining lease is located has been protected for centuries by the Dongria Kondh, a primitive tribal group [now termed as particularly vulnerable tribe] as sacred to their deity. Diversion of these sacred areas for mining will undermine the customary rights of the Dongria Kondhs to protect their sacred places of worship and thereby amount to a violation of their fundamental right to manage their own affairs in the matter of religion and fundamental right to conserve the culture of their own. It was also in direct violation further of the specific provisions of the Forest Rights Act.”
According to the Orissa Mining Corporation, which filed the writ petition, the then Minister of State for MoEF, Jairam Ramesh, passed an order, withdrawing the environmental clearance just a day before the Council of Ministers was reshuffled. It said that no mandatory notice was given before such withdrawal. The then Minister withdrew the clearance despite knowing that the matter was sub judice and that the Supreme Court issued notice three months ago on a writ petition. It sought quashing of the order. The Centre filed its response on this petition.
The Centre said: “The Lanjigarh bauxite mining lease is located in Scheduled Areas as referred to in Clause (1) of Article 244 of the Constitution. Circumscribing or extinguishing of forest rights in such areas shall be in conformity with the provisions of the clause-5 of the Fifth Schedule to the Constitution.
“Section 5 of the 2006 Act inter alia provides that the holders of the forest right, Gram Sabha and village level institutions in areas, where there are holders of any forest rights under this Act, are empowered to ensure that habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage.”
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Orissa starts accepting forest claims of Kondh tribals
Fight against mining corporation Vedanta to continue, say Niyamgiri dwellers
Under pressure from the Union Ministry of Environment and Forests (MOEF), the Orissa government has initiated the process of settling the community rights of tribals over forests in and around the Niyamgiri hills in Orissa's Kalahandi district.
The move follows the recent visit to the area by N C Saxena, head of the four-member committee formed by MOEF to look into mining related issues in Niyamgiri where the Dongria Kondh tribals live. The tribals have been resisting multinational mining corporation Vedanta's attempts to mine bauxite from the Niyamgiri hills to feed its one million tonne alumina refinery at Lanjigarh. The Orissa chief secretary Tarun Kanti Mishra assured that allegations of forest rights violation by the company would be inquired into.
“ I have received 10 community claim applications during the last one week and have asked the forest officials to prepare the maps of the respective villages following which gram sabhas would be called to discuss the claims,” said Kalahandi sub-collector, Nand Kishore Sethi. He refused to explain why the government was sitting on the matter for such a long time. Only four to five community claims under the the Forest Rights Act of 2006 have been settled in the past.
The 10 villages from where the claims have been received are Kadamguda, Kendubardi, Basantpada, Balabhadrapur, Rengopalli, Semalbhata, Dengasaragi, Palberi, Phuldumer and Kunakadu. People in these villages have been leading the movement against Vedanta. The company has already received Supreme Court’s nod and first stage clearance from MOEF for bauxite mining.
Vedanta's hopes of getting a second stage clearance to commence mining received a blow in January this year when a three-member committee of MOEF expressed concern over the likely adverse impact of mining on the biodiversity of Niyamgiri area and its tribal residents after a field visit. This prompted the ministry to set up another committee under N C Saxena, a retired bureaucrat and member of the National Advisory Council, to examine the matter in depth.
Sources said during his visit to Lanjigarh and Niyamgiri on July 7 and 8, Saxena met local residents and public representatives many of whom alleged denial of forest rights to the tribals and illegal cutting of trees by the company to widen roads in the area ( see 'Vedanta fells trees', Down To Earth, February 28, 2010). The president of Kalahandi Sachetan Nagrik Manch, Siddhartha Nayak accused the district officials of refusing to accept community forest rights claims of the people.
On his return from Lanjigarh to Bhubaneswar on July 10, Saxena met the state chief secretary to review the matter. Chief secretary Mishra later said that government would inquire into allegations of violation of forest rights in the area as it was keen to ensure that people were not deprived of their rights. Expressing hope that the process of settling claims would be completed within two months, Mishra said concerned gram sabhas would be consulted. Vedanta has been slammed by international human rights groups and the Church of England for violating the rights of the Dongria Kondhs.
People are sceptical about Orissa government's softened stance towards the tribals. Former chairman, Lanjigarh block, Khirabdi Sahu said “ experience of the past suggests the government never keeps its word in such matters. We will believe them only when they complete the process and people actually get their rights.” He also asserted that Kondh tribals of the area would continue their agitation against Vedanta.
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Tribals reiterate ‘no’ to Vedanta
Rayagada/Muniguda, May 22: Dongaria Kondhs have warned the State Government of consequences if it leases out Niyamgiri hills to Vedanta.
Over 5,000 members of the primitive tribe, who met at Munikhol panchayat office, vowed to fight for the hills till their death.
They would not relent even if there is a bloodbath for the cause, warned Dadhi Pusika of Mukuli panchayat.
The tribals have welcomed the Supreme Court order directing the State Government to hold Gram Sabhas to sort out the controversy over allocation of the hills for bauxite mining.
They, however, declined to hold a Gram Sabha without Parsali Sarpanch Sikka Gutuku who is now in jail for fighting for Niyamagiri.
Niyamagiri Suraksha Samiti President Lada Sikka said Gram Sabhas would be conducted only after the release of Gutuku. The tribals do not hold a community meeting or festival without its leader.
Sikka flayed the Government plan to hold Gram Sabhas in 12 villages of Rayagada and Kalahandi districts, although there are over 100 villages surrounding the hills. He alleged that the State Government was trying to please the company.
The residents of 162 villages took out a rally with their traditional attire on, arms and music before they congregated at the meeting.
During the rally, they urged the visitors through songs to support their cause.
The tribal leaders said the dense forest, 36 streams, rare forest produce and birds and animals of the hills have been their sources of sustenance for centuries. Now, the Government was trying to devastate their livelihood by selling it out to Vedanta.
Terming the company as ‘a monster’ they asked it to refrain from its efforts to destroy their hills, which they revere as God.
Members of Jharkhand Mines Area Coordination Committee, Bisthapan Pratirodh Manch, Grameen Vikash Sangharsh Samiti, Tribal Organisation Network, Jala-Jangal Suraksha Samiti of Sundargarh and Gandhamardhan Suraksha Samiti of western Orissa were present at the convention.
Volunteers of 33 outfits from 22 districts were also present at the venue. PNN