The NFFPFW (National Forum of Forest People and Forest Workers)
welcomes Indian government's decision to deny forest clearance to the
Vedanta mining project at Niyamgiri. Though much delayed (after the
MoEF consistently ignoring for years tomes of reports and evidences of
barefaced violations of laws by Vedanta and the Orissa government),
this decision is a just move, and perhaps for the first time in the
history of the country the government has said ‘no’ to a large and
powerful corporation on social and environmental grounds.

The Niyamgiri mining denial is the result of a sustained and
hard-fought struggle by the Dongria Kondhs, the Kutia Kondhs, and the
Niyamgiri Suraksha Samiti, supported by many other people and groups
in India and abroad. This is indeed a victory for the people’s
movements on the ground and will inspire other struggles throughout
the country.

Nonetheless, it is premature to assume that the machinations of
Vedanta Group will stop with the denial of mining in Niyamgiri.
Vedanta’s illegal alumina refinery at Lanjigarh is still operative
and, given the scores of violations it has evidently committed over
the years, a decision to shut it down immediately must be taken and
punitive measures be considered against the company and their cronies
in the state government. There is a need to be vigilant against
further possible transgressions by the company. Moreover, it would
rather be brazen mockery of the recent government decision itself and
a travesty of justice and democratic norms, if Vedanta is given some
alternative sites to extract bauxite to feed the refinery, as the
company has already started mobilizing on the corridors of power for
the same.

It is also important to keep in mind that one denial and one piece of
justice will not undo years of governmental kowtowing to corporate
greed and innumerable narratives of injustice and illegalities
unfolding everywhere in India. From Arunachal Pradesh to Jammu and
Kashmir to Himachal Pradesh, and from Orissa to Maharashtra and Goa,
forest communities, farmers, and fish-workers are still locked in grim
battles against the corporate—State nexus in order to defend their
social, economic, cultural, and ecological existence—in essence, their
identity. All these people demand justice—which means saying an
emphatic ‘no’ to all forms of resource-grab by large or small
corporations in nexus with politicians and sundry contractors. In the
name of ‘development’, no more forests and lands must be taken away
from people—meaning, no more violation of their legal and
constitutional rights at will.

In the wake of the government decision to scrap Vedanta’s mining
project on Niyamgiri, the issue of Forest Rights Act 2006 – and
thereby the issue of respecting the legitimate rights of forest
communities – has now assumed centre stage in public discourses on
such ‘development’ projects. Keeping the democratic spirit of this
particular ‘decision’, the government should hereafter stop
considering corporate interests blindly on priority and place the
‘rights of the people’ above anything else.

The Vedanta case is just a symptom of a much larger menace. And,
therefore, one Niyamgiri will not suffice. We join all the people’s
movements of the country in demanding that all illegal clearances
given to mining, dam, and similar development projects are revoked
and, more importantly, no new forest clearance is given to manifestly
anti-people and illegal projects, like POSCO in Jagatsingpur and TATA
in Kalinganagar in Orissa. At the same time, the government must stop
its military offensive in the forest areas ostensibly in aid of
profit-hungry corporations.

It is time that the government of this country starts respecting the
country's Constitution and its own laws. We hope that the decision on
Niyamgiri marks the beginning for a democratic process where the
government brings all its Constitutional obligations to the fore
whenever it takes a decision hereafter.

— National Forum of Forest People and Forest Workers (NFFPFW)
25 August 2010
-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist

"After a war, the silencing of arms is not enough. Peace means
respecting all rights. You can’t respect one of them and violate the
others. When a society doesn’t respect the rights of its citizens, it
undermines peace and leads it back to war.”
-- Maria Julia Hernandez


www.otherindia.org
www.binayaksen.net
www.phm-india.org
www.phmovement.org
www.ifhhro.org

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