Survival International vs Vedanta Resources plc
Case overview
| Date filed | 19 December 2008 |
|---|---|
| Current status | Concluded |
| Issue | Environmental and HR issues in Vedanta’s operations in india |
| Summary of the case | British mining company Vedanta Resources has built a one million-ton aluminium refinery and plans to mine bauxite on Niyam Dongar mountain in Orissa, India, to feed the refinery. This mountain is a sacred mountain for the Dongria Kondh tribe, one of the most isolated tribes in India; and its culture, identity and livelihood are inextricably bound to the mountain. The complaint alleges that neighbouring tribes have already felt the impact of Vedanta’s presence. Some of them claim that they have been forcibly evicted to make way for the aluminium refinery. Others may still have to vacate their homes as the plant expands and feeder roads, air strips, and toxic waste ponds are built. The Dongria Kondh tribe has not been consulted in the construction process, and the complaint claims that the construction of the mine will severely endanger the rights of these indigenous people. Moreover, there are fears that local streams and arable land would be polluted by air-borne particles from the mine, the road, and the conveyor belts to carry ore to the refinery. Vedanta has allegedly failed to consider the “potential implications” of its activities for the Dongria Kondh because it refuses to accept that there are any. |
| Developments/Outcome | The UK NCP contacted Vedanta about the complaint, and the company responded that it refutes all of the allegations. However, Vedanta declined the NCP’s offer for mediation and refused to engage with the NCP process or submit any evidence to the NCP to substantiate its claims. After conducting an investigation, the NCP published a Final Statement in September 2009 upholding the complainants' allegations that Vedanta acted in violation of the OECD Guidelines. Vedanta responded to the NCP’s conclusions by stating “Vedanta refutes the conclusions [of the report] and has complied in all respects with Indian regulations including consultations with the local community”. In its final statement, the NCP also made recommendations to Vedanta to bring its business practices in line with the OECD Guidelines and requested that both parties provide a 3-months-on update on the implementation of recommendations. Both parties did so. Survival International’s report claimed that Vedanta has completely ignored the NCP’s recommendations and deliberately frustrated Survival’s follow-up trip by hiring locals to threaten and intimidate Survival employees and their guides. In March 2010, the UK NCP issued a follow-up statement which reflects the parties’ response on the implementation of the recommendations contained in the final statement. The NCP recommended that Vedanta should immediately work with the Dongria Kondh people to explore alternatives to resettlement of the affected families. The NCP also recommends that the company should include a human rights impact assessment in its project management process and whatever self-regulatory practices the company chooses to undertake are translated into concrete actions. Survival International’s team reported that access to the project area was obstructed by people allegedly paid by Vedanta. Several NGOs and members of the Dongria Kondh also reported that Vedanta had not initiated any discussion or contact with those affected by the project and has declined to alter its conduct in any way. The complainants object to Vedanta's statement that the proposed mine will cause no displacement and is in compliance with Indian law and regulations. The UK NCP encourages Vedanta and Survival International to engage with each other in order to come to a mutually satisfactory outcome. However, the NCP could not make Vedanta comply or cooperate with the procedures or the recommendations. |
| Relevant OECD Guidelines | |
| Case keywords | Extractives / mining sector, Human rights, Environment |
NCP Information
| NCP name | National Contact Point United Kingdom |
|---|---|
| NCP address | 1 Victoria Street SW1H 0ET London, United Kingdom |
| NCP website | www.berr.gov.uk |
| Other NCPs involved |
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Complainant
| NGO |
|---|
Company Information
| Company responsible | Vedanta Resources plc |
|---|---|
| Company address | Berkeley Street 16 W1J 8DZ London United Kingdom |
| Company website | http://www.vedantaresources.com/ |
| Company in violation | Vedanta Resources plc |
| Country of operations | India |
| Other companies involved |
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Timeline of developments
Some developments are only visible to logged in users.
| Date | Actor | Action | Description | Document |
|---|---|---|---|---|
| 23 December 2009 | Survival International | report | Report of a fact finding mission to Orissa that concludes that Vedanta has done nothing to implement the recommendations contained in the Final Statement by the UK NCP | download pdf (99.4 kB) |
| 25 September 2009 | National Contact Point United Kingdom | statement | NCP issues final statement | download pdf (187.0 kB) |
| 30 March 2009 | Survival International | press release | Press release on the acceptance of the complaint | download pdf (13.7 kB) |
| 27 March 2009 | National Contact Point United Kingdom | accept | UK NCP accepts specific instance | download pdf (90.9 kB) |
| 20 January 2009 | Vedanta Resources plc | letter | Response by Vedanta on the complaint filed by Survival International | |
| 19 December 2008 | Survival International | file | Case filed at UK NCP | download pdf (364.5 kB) |
| National Contact Point United Kingdom | statement | The Follow-up Statement from the UK NCP reflects the parties' responses on the implementation of the recommendations contained in the Final Statement. | download pdf (38.3 kB) |
