Excerpts from an Amnesty International's report on Bauxite mining and refinery in Niyamgiri hills, Orissa, India (More details at: http://www.amnestyusa.org/document.php?id=ENGUSA20100209001&lang=e)
Don't mine us out of existence: Bauxite mine and refinery devastate lives in India
In Amnesty International’s discussions and interviews, major concerns emerged around the possible effects of mining on the sources of water that the Dongria Kondh have traditionally relied on for drinking, personal use, for growing crops and supporting their cattle. The streams which originate from the top of the Hills are the only source of water for communities who live on top of the Hills and a major source for others who live lower down the hill (some of these villages have tube wells), in a region that receives limited rainfall through many months of the year and is often subject to drought conditions. Any negative impacts on the streams, through pollution or disruption of water re-charging capacity and drainage patterns or any other effects on the quantity and quality of water could have disastrous consequences for the communities, most of whom are completely dependent on this water in order to continue to live on the Hills.
Ecological Impact on Water Supply
It has been argued by environmentalists that the bauxite deposits on top of the hills are crucial for ensuring a perennial slow water supply in the low rainfall seasons because of the porous nature and high water retention capacity of bauxite. Sreedhar Ramamurthy of Academy of Mountain Environics, New Delhi, one of the organizations which had mounted the legal challenge to the mining project at the Supreme Court, explained: “In several bauxite-topped mountains in south-west Orissa and northern Andhra Pradesh, the bauxite layers are often water-rich and provide the base for the emergence of natural springs on Concerns about the impact of mining on water were shared by some people from other communities who live on the hills and in and around Lanjigarh. The Chief Conservator of Forests at the MoEF’s regional office in Bhubaneswar, while inspecting the proposed mine site, also expressed concern that mining may impair the water system in the area by altering the inflow of precipitation and natural drainage systems. The Wildlife Institute of India, Dehra Dun, which carried out its own assessment of the impact of the proposed mine, stressed that mining operations might result in desiccation, reducing the flow of the Vamsadhara and Nagaveli rivers. Operations would also cause increased erosion and pollution of the water systems, which in turn would result in a deteriorated water quality and damage to riverine habitats. The Institute study further stated: “...the threats posed by the proposed project to this important ecosystem will lead to irreversible changes in the ecological characteristics of the area.”
Ecological Impact on Forests
The mining project also poses risks to the natural environment in the region, which the communities depend on for their own food and livelihoods. The main risks are posed by the cutting down of forests for the mine site and related infrastructure, noise, blasting and other impacts of the mining operations themselves and management of waste produced as a result of the mining operations. These concerns were reflected in the testimonies collected from the communities. A Dongria Kondh man in his thirties told Amnesty International, “The mining will affect the forests, which provide us with all the wood we need and the forest produce we collectively rely on. We plant at various parts of the hills. How will the mining affect our crops? This is how we sustain ourselves and earn our livelihoods.” Another Dongria Kondh woman from one of the hamlets close to the mine site said: “We are worried that many animals will leave our forests when they begin blasting.” Another Dongria Kondh man who had visited other sites in India where mining has been undertaken stated, “We have seen what mining does to the land and we do not want that to happen here.” The Dongria Kondh also expressed concerns about how the mining project would affect their traditional way of life, culture and ability to retain their distinct identity. A Dongria Kondh man told Amnesty International: “Our language, the way we dress, songs, marriage rituals, worship of Niyam Raja, our livelihoods are all linked to these Hills and the way we live here. We have seen what happens to other Adivasis when they are forced to leave their traditional lands, they lose everything.” Many expressed concern that the impacts of mining on water and forests or the noise and dust from the mine may make it impossible for them to continue to live where they currently do and force them off their Hills and traditional lands. J. M., a Dongria Kondh man, said, “Our people are not educated. If we are forced to leave these Hills because of the mine, we will end up in poorly paid jobs in towns in the plains.” An elderly woman from one of the hamlets near the proposed mine site stated, “If we have lakhs or crores of [Indian] rupees, how many days will it last, but this mountain will last generations.”
Lack of resettlement and rehabilitation efforts
India has no national law yet in place for resettlements and rehabilitation of local communities displaced and affected by large irrigation and industrial projects. Instead, it has a number of state-level and sectoral policies and practices. Recent protests against inadequate policies and practices, especially over the displacement of Adivasis by the construction of dams across river Narmada, resulted in the authorities framing a national level policy, which is yet to be made into a law.
The impact of loss of communal resources was described to Amnesty International by several of those affected: K., who is in his early thirties from Chhattarpur, described his predicament: “I owned 6 goats, 15 cows and 2 buffaloes. They used to graze in common land where the factory stands today. It became difficult to take them for grazing, and buying fodder is very expensive so I have now sold all the cattle. We used to have home-made milk products to eat but now I have to buy milk from outside.” Another man from Bandaguda provided a similar account: “I also used to work as an agriculture laborer in a nearby field where the factory stands now. Even though I was earning 40 to 50 [Indian] rupees (around US$ 1) daily, it was enough, as we could access vegetables, forest produce and wood freely. We had at least one vegetable every day. Now, if I earn 70 [Indian] rupees (US$ 1.50) daily it is very difficult to eat good food as we have to buy everything from the market. There is a marked increase in the price of, say, tomatoes, which used to cost five [Indian] rupees and are now 20 [Indian] rupees due to so many new people. Life has become very hard now. I want to feed my three children regular milk but can’t. I miss my life before the factory. It was more comfortable.”
The Supreme Court-appointed CEC had recommended that: “The project authorities should acquire equivalent non-forest land [to 59 hectares of common and forest land] for carrying out plantations to meet the biomass requirements of the villagers and the area be notified as village forests.” As far as Amnesty International could discover this recommendation has not been implemented. The increase in food prices at the local market is another serious concern for many local people. Some blamed this on the pressures created by an influx of a large number of people into the area to support the operations of the refinery, arguing that this had led to an increase in demand and prices. Local landless laborers have seen their standard of living undermined on two fronts – loss of access to natural resources on the one hand, and an increase in food prices on the other. Despite this double negative effect, the government has made no provision of alternative grazing land or support in terms of employment opportunities for these people.
Water Pollution by Vendanta
In 2007, when the refinery was moving into full production, the OSPCB (Orissa State Pollution Control Board) investigated complaints made by the villagers that Vedanta Aluminium had been discharging caustic water into the river during the night. The OSPCB tested the water at various points of the river. The test results indicated that water accumulated near the boundary wall of the refinery (outside the factory) adjacent to the river had a pH value of 10.5 and 11. The following day the OSPCB carried out investigations along with the Head of Operations at the refinery and tested water accumulated outside the boundary wall. They found the water had a pH value of 12. They also found accumulated water near the storm water drain and the dirty water pond inside the boundary, which had a pH value of 12.5. The OSPCB also documented the fact that Vedanta Aluminium had started construction work for expansion of the refinery without the company having obtained the necessary regulatory permissions, including the environmental clearance, to proceed with an expansion. The problem continued to recur in 2008. OSPCB officials recorded that their directions to stop feeding bauxite for processing until the process water lake was ready for use and to evacuate the alkaline wastewater from the red mud pond had not been complied with. The OSPCB also recorded that highly alkaline wastewater continued to seep from the red mud pond. It stated that the high concentration slurry disposal method, which Vedanta Aluminium was supposed to utilise, was not being followed, resulting in accumulation of alkaline wastewater in the pond. The thickening of the waste prior to disposal through this method is necessary to significantly reduce the potential for pollution.
Air Pollution by Vedanta
In a report dated 26-27 September 2007, the OSPCB stated that the refinery could have emitted fine alumina particles during the trial operation of the calciner and reprimanded the company for not informing the villages of possible problems during start-up operations. Two months later, in a more detailed inspection, OSPCB officials found that particulate matter emitted from the boiler was recorded to be 795 mg/Nm, more than five times the stipulated limit of 150 mg/Nm. They stated: “such high emission within a valley has the potential to cause atmospheric pollution in the vicinity and health hazards.”
Despite these failures by the Vedanta Aluminium, and the risk to which they expose local communities, the authorities have not strictly enforced their own directions to the company, including directions to stop operating equipment until regulatory requirements were complied with. This failure of government authorities to effectively and adequately regulate industry has undermined protection of the environment and human rights. Not only has the government failed to take adequate action to protect people from the negative impacts of the refinery, it has failed even to provide them with information gathered by the state authorities. Neither the nature nor the extent of both the actual and potential water and air pollution associated with the refinery has been disclosed to the local communities.
Amnesty Int'l Recommendations to Government of India & Orissa:
In relation to the refinery
Take action to address the negative environmental, health, social and human rights impacts of the refinery, in full consultation with the affected communities. This should include:
Ensuring that Vedanta Aluminium undertakes a comprehensive clean-up of the pollution it has already caused and reports on this publicly and regularly in a manner accessible and available to the local communities.
Ensuring that any person whose human rights have been violated have access to justice and to an effective remedy and reparations.
Take prompt action to prevent any further contamination of the river and to address existing problems. If necessary suspend operation of the refinery until pollution problems are addressed.
Ensure that all applicable regulations, including those related to water and air pollution are enforced consistently and transparently.
Carry out systematic health monitoring on the possible health effects of pollution associated with the refinery and take appropriate action to address negative health impacts.
Undertake an independent and impartial human rights and environmental impact assessment of the proposal for expansion of the refinery; ensure genuine consultation with communities and individuals who may be affected by the proposed expansion.
Ensure information on the nature and extent of the pollution and associated risks are made accessible to communities.
Ensure respect for and protection of the rights to freedom of expression and peaceful assembly; the policing of protest actions should be fully consistent with human rights law and standards, including in relation to the rights to freedom of expression and assembly and the use of force.
Ensure that no expansion of the refinery is allowed to proceed until:
Action has been taken to adequately address existing problems in a manner that respects human rights
A human rights impact assessment has been carried out as detailed above and all appropriate action taken in light of this assessment to protect human rights.
In relation to Mining in the Niyamgiri Hills
Establish a process to seek the free, prior, informed consent of the Dongria Kondh in relation to the bauxite mine. This process must include:
Providing communities with accessible and adequate information, including to those who are not formally literate, about the mining project.
A comprehensive human rights and environmental impact assessment of the bauxite mining project, undertaken in genuine and open consultation with the Dongria Kondh communities. Appropriate procedural safeguards should be established to ensure the Dongria Kondh can participate in the assessment process and that their knowledge and perspectives are given due weight and respect. The time given to this process should be adequate to enable an effective assessment of the potential human rights impacts and to develop plans to address any risks identified.
Ensure the Dongria Kondh’s free, prior and informed consent is obtained prior to any continuation of the proposed project and respect their decision if they do not provide it. It is clear that the Niyamgiri Hills are of vital importance to the Dongria Kondh, and essential to their survival as a distinct people, and maintenance of their livelihood, culture and way of life.
Ensure respect for and protection of the rights to freedom of expression and peaceful assembly; the policing of protest actions should be fully consistent with human rights law and standards, including in relation to the rights to freedom of expression and assembly and the use of force.
Don't mine us out of existence: Bauxite mine and refinery devastate lives in India
In Amnesty International’s discussions and interviews, major concerns emerged around the possible effects of mining on the sources of water that the Dongria Kondh have traditionally relied on for drinking, personal use, for growing crops and supporting their cattle. The streams which originate from the top of the Hills are the only source of water for communities who live on top of the Hills and a major source for others who live lower down the hill (some of these villages have tube wells), in a region that receives limited rainfall through many months of the year and is often subject to drought conditions. Any negative impacts on the streams, through pollution or disruption of water re-charging capacity and drainage patterns or any other effects on the quantity and quality of water could have disastrous consequences for the communities, most of whom are completely dependent on this water in order to continue to live on the Hills.
Ecological Impact on Water Supply
It has been argued by environmentalists that the bauxite deposits on top of the hills are crucial for ensuring a perennial slow water supply in the low rainfall seasons because of the porous nature and high water retention capacity of bauxite. Sreedhar Ramamurthy of Academy of Mountain Environics, New Delhi, one of the organizations which had mounted the legal challenge to the mining project at the Supreme Court, explained: “In several bauxite-topped mountains in south-west Orissa and northern Andhra Pradesh, the bauxite layers are often water-rich and provide the base for the emergence of natural springs on Concerns about the impact of mining on water were shared by some people from other communities who live on the hills and in and around Lanjigarh. The Chief Conservator of Forests at the MoEF’s regional office in Bhubaneswar, while inspecting the proposed mine site, also expressed concern that mining may impair the water system in the area by altering the inflow of precipitation and natural drainage systems. The Wildlife Institute of India, Dehra Dun, which carried out its own assessment of the impact of the proposed mine, stressed that mining operations might result in desiccation, reducing the flow of the Vamsadhara and Nagaveli rivers. Operations would also cause increased erosion and pollution of the water systems, which in turn would result in a deteriorated water quality and damage to riverine habitats. The Institute study further stated: “...the threats posed by the proposed project to this important ecosystem will lead to irreversible changes in the ecological characteristics of the area.”
Ecological Impact on Forests
The mining project also poses risks to the natural environment in the region, which the communities depend on for their own food and livelihoods. The main risks are posed by the cutting down of forests for the mine site and related infrastructure, noise, blasting and other impacts of the mining operations themselves and management of waste produced as a result of the mining operations. These concerns were reflected in the testimonies collected from the communities. A Dongria Kondh man in his thirties told Amnesty International, “The mining will affect the forests, which provide us with all the wood we need and the forest produce we collectively rely on. We plant at various parts of the hills. How will the mining affect our crops? This is how we sustain ourselves and earn our livelihoods.” Another Dongria Kondh woman from one of the hamlets close to the mine site said: “We are worried that many animals will leave our forests when they begin blasting.” Another Dongria Kondh man who had visited other sites in India where mining has been undertaken stated, “We have seen what mining does to the land and we do not want that to happen here.” The Dongria Kondh also expressed concerns about how the mining project would affect their traditional way of life, culture and ability to retain their distinct identity. A Dongria Kondh man told Amnesty International: “Our language, the way we dress, songs, marriage rituals, worship of Niyam Raja, our livelihoods are all linked to these Hills and the way we live here. We have seen what happens to other Adivasis when they are forced to leave their traditional lands, they lose everything.” Many expressed concern that the impacts of mining on water and forests or the noise and dust from the mine may make it impossible for them to continue to live where they currently do and force them off their Hills and traditional lands. J. M., a Dongria Kondh man, said, “Our people are not educated. If we are forced to leave these Hills because of the mine, we will end up in poorly paid jobs in towns in the plains.” An elderly woman from one of the hamlets near the proposed mine site stated, “If we have lakhs or crores of [Indian] rupees, how many days will it last, but this mountain will last generations.”
Lack of resettlement and rehabilitation efforts
India has no national law yet in place for resettlements and rehabilitation of local communities displaced and affected by large irrigation and industrial projects. Instead, it has a number of state-level and sectoral policies and practices. Recent protests against inadequate policies and practices, especially over the displacement of Adivasis by the construction of dams across river Narmada, resulted in the authorities framing a national level policy, which is yet to be made into a law.
The impact of loss of communal resources was described to Amnesty International by several of those affected: K., who is in his early thirties from Chhattarpur, described his predicament: “I owned 6 goats, 15 cows and 2 buffaloes. They used to graze in common land where the factory stands today. It became difficult to take them for grazing, and buying fodder is very expensive so I have now sold all the cattle. We used to have home-made milk products to eat but now I have to buy milk from outside.” Another man from Bandaguda provided a similar account: “I also used to work as an agriculture laborer in a nearby field where the factory stands now. Even though I was earning 40 to 50 [Indian] rupees (around US$ 1) daily, it was enough, as we could access vegetables, forest produce and wood freely. We had at least one vegetable every day. Now, if I earn 70 [Indian] rupees (US$ 1.50) daily it is very difficult to eat good food as we have to buy everything from the market. There is a marked increase in the price of, say, tomatoes, which used to cost five [Indian] rupees and are now 20 [Indian] rupees due to so many new people. Life has become very hard now. I want to feed my three children regular milk but can’t. I miss my life before the factory. It was more comfortable.”
The Supreme Court-appointed CEC had recommended that: “The project authorities should acquire equivalent non-forest land [to 59 hectares of common and forest land] for carrying out plantations to meet the biomass requirements of the villagers and the area be notified as village forests.” As far as Amnesty International could discover this recommendation has not been implemented. The increase in food prices at the local market is another serious concern for many local people. Some blamed this on the pressures created by an influx of a large number of people into the area to support the operations of the refinery, arguing that this had led to an increase in demand and prices. Local landless laborers have seen their standard of living undermined on two fronts – loss of access to natural resources on the one hand, and an increase in food prices on the other. Despite this double negative effect, the government has made no provision of alternative grazing land or support in terms of employment opportunities for these people.
Water Pollution by Vendanta
In 2007, when the refinery was moving into full production, the OSPCB (Orissa State Pollution Control Board) investigated complaints made by the villagers that Vedanta Aluminium had been discharging caustic water into the river during the night. The OSPCB tested the water at various points of the river. The test results indicated that water accumulated near the boundary wall of the refinery (outside the factory) adjacent to the river had a pH value of 10.5 and 11. The following day the OSPCB carried out investigations along with the Head of Operations at the refinery and tested water accumulated outside the boundary wall. They found the water had a pH value of 12. They also found accumulated water near the storm water drain and the dirty water pond inside the boundary, which had a pH value of 12.5. The OSPCB also documented the fact that Vedanta Aluminium had started construction work for expansion of the refinery without the company having obtained the necessary regulatory permissions, including the environmental clearance, to proceed with an expansion. The problem continued to recur in 2008. OSPCB officials recorded that their directions to stop feeding bauxite for processing until the process water lake was ready for use and to evacuate the alkaline wastewater from the red mud pond had not been complied with. The OSPCB also recorded that highly alkaline wastewater continued to seep from the red mud pond. It stated that the high concentration slurry disposal method, which Vedanta Aluminium was supposed to utilise, was not being followed, resulting in accumulation of alkaline wastewater in the pond. The thickening of the waste prior to disposal through this method is necessary to significantly reduce the potential for pollution.
Air Pollution by Vedanta
In a report dated 26-27 September 2007, the OSPCB stated that the refinery could have emitted fine alumina particles during the trial operation of the calciner and reprimanded the company for not informing the villages of possible problems during start-up operations. Two months later, in a more detailed inspection, OSPCB officials found that particulate matter emitted from the boiler was recorded to be 795 mg/Nm, more than five times the stipulated limit of 150 mg/Nm. They stated: “such high emission within a valley has the potential to cause atmospheric pollution in the vicinity and health hazards.”
Despite these failures by the Vedanta Aluminium, and the risk to which they expose local communities, the authorities have not strictly enforced their own directions to the company, including directions to stop operating equipment until regulatory requirements were complied with. This failure of government authorities to effectively and adequately regulate industry has undermined protection of the environment and human rights. Not only has the government failed to take adequate action to protect people from the negative impacts of the refinery, it has failed even to provide them with information gathered by the state authorities. Neither the nature nor the extent of both the actual and potential water and air pollution associated with the refinery has been disclosed to the local communities.
Amnesty Int'l Recommendations to Government of India & Orissa:
In relation to the refinery
Take action to address the negative environmental, health, social and human rights impacts of the refinery, in full consultation with the affected communities. This should include:
Ensuring that Vedanta Aluminium undertakes a comprehensive clean-up of the pollution it has already caused and reports on this publicly and regularly in a manner accessible and available to the local communities.
Ensuring that any person whose human rights have been violated have access to justice and to an effective remedy and reparations.
Take prompt action to prevent any further contamination of the river and to address existing problems. If necessary suspend operation of the refinery until pollution problems are addressed.
Ensure that all applicable regulations, including those related to water and air pollution are enforced consistently and transparently.
Carry out systematic health monitoring on the possible health effects of pollution associated with the refinery and take appropriate action to address negative health impacts.
Undertake an independent and impartial human rights and environmental impact assessment of the proposal for expansion of the refinery; ensure genuine consultation with communities and individuals who may be affected by the proposed expansion.
Ensure information on the nature and extent of the pollution and associated risks are made accessible to communities.
Ensure respect for and protection of the rights to freedom of expression and peaceful assembly; the policing of protest actions should be fully consistent with human rights law and standards, including in relation to the rights to freedom of expression and assembly and the use of force.
Ensure that no expansion of the refinery is allowed to proceed until:
Action has been taken to adequately address existing problems in a manner that respects human rights
A human rights impact assessment has been carried out as detailed above and all appropriate action taken in light of this assessment to protect human rights.
In relation to Mining in the Niyamgiri Hills
Establish a process to seek the free, prior, informed consent of the Dongria Kondh in relation to the bauxite mine. This process must include:
Providing communities with accessible and adequate information, including to those who are not formally literate, about the mining project.
A comprehensive human rights and environmental impact assessment of the bauxite mining project, undertaken in genuine and open consultation with the Dongria Kondh communities. Appropriate procedural safeguards should be established to ensure the Dongria Kondh can participate in the assessment process and that their knowledge and perspectives are given due weight and respect. The time given to this process should be adequate to enable an effective assessment of the potential human rights impacts and to develop plans to address any risks identified.
Ensure the Dongria Kondh’s free, prior and informed consent is obtained prior to any continuation of the proposed project and respect their decision if they do not provide it. It is clear that the Niyamgiri Hills are of vital importance to the Dongria Kondh, and essential to their survival as a distinct people, and maintenance of their livelihood, culture and way of life.
Ensure respect for and protection of the rights to freedom of expression and peaceful assembly; the policing of protest actions should be fully consistent with human rights law and standards, including in relation to the rights to freedom of expression and assembly and the use of force.