AI Index: ASA 20/003/2009

24 April 2009

Open letter to Orissa authorities on providing adequate information and ensuring effective consultation with local communities on the human rights impact of Vedanta’s proposed alumina refinery expansion

Mr. A. K. Tripathy

Chief Secretary

Government of Orissa

Bhubaneswar

India

Dear Mr. Tripathy

Amnesty International has been informed that the Government of Orissa (GoO) will hold a public hearing at Belamba near Lanjigarh in Kalahandi district on 25-26 April 2009 on the proposed six-fold expansion of the Vedanta Aluminium Limited’s (VAL) alumina refining plant at Lanjigarh.

The expansion envisages constructing of additional refining facilities for up to five million tonnes of bauxite per annum, red mud and ash pond and establishment of railway corridor and township housing, necessitating the acquisition of 1,340 hectares under India’s Land Acquisition Act, 1894, as amended in 1984. This acquisition process will result in the acquisition of lands from an additional 800 families of Majhi Khond adivasis(indigenous communities) and other marginalized communities in the area. Already, during 2002-2004, land was acquired from 1,215 families (of which 102 were fully displaced) for the initial construction of the refinery in and subsequently for constructing additional facilities and an air strip.

Amnesty International undertook a mission last month to Lanjigarh and Niyamagiri and spoke to villagers from Chhatarpur, Kenduguda, Harekrishnapur, Bandaguda, Kappaguda, Basantpada, Rengopoli and Jagannathpur. We also met with various government officials and the VAL. During the course of our mission, we investigated a number of allegations around the negative impact of the refinery on the human rights of the people living in its vicinity. These included discharge and leakage of alkaline waste and water into the river Vamsadhara, which a number of the communities depend on for drinking water, water for personal use and for their cattle. Harmful effects of air and noise pollution caused by dust released from and the continuous operations of the refinery, as well as concerns in relations to the right to earn a living through work and access to adequate food. A number of complaints by affected villages in this regard have been submitted to the Orissa Pollution Control Board and to the District Collector’s office. Some villagers have held repeated demonstrations in protest against the negative impact of the existing refinery and the proposed expansion, which they feel, would further threaten their livelihoods and erode their common resources.

The Pollution Control Board’s investigation into some of the complaints and its own monitoring of the operations of the refinery have revealed serious issues in relation to the discharge of alkaline waste from the red mud pond into the river and which have led to an increase in the PH value of the river. The Pollution Control Board has also highlighted excessive levels of dust or air pollution and noise pollution in some of the villages located close to the refinery.

Amnesty International considers that these findings point to violations of the right to water and right to health, including the right to a healthy environment and oblige the government to take all necessary measures to safeguard persons within its jurisdiction from infringements of these rights, including by private actors. These findings have however not been made public, nor have these documents been included even in a summary form in any of the information made available to the communities prior to the scheduled public hearing. Access to appropriate and adequate information is fundamental to respect, protect and fulfil human rights, to prevent human rights violations from taking place and to obtain redress and remedies for human rights violations.

In the light of the Pollution Control Board’s findings and the negative impact experienced by the surrounding villages already documented in relation to the current operations of the refinery, and the potential for these to multiply if a six-fold expansion were to occur, it is essential that this information is made publicly available to the communities and to civil society. Moreover the GoO must scrutinise the data with a view to assess and address the risks posed by the present pollution and the future expansion of the refinery to the population, including in terms of health and livelihoods. The government must ensure an independent human rights impact assessment of the proposed plan for expansion to assess its possible impact on the human rights of people, who may be further affected by the project.

The Environmental Impact Assessment (EIA) for the proposed expansion commissioned by VAL and submitted to the GoO, is the only document that has been made available to the communities prior to the scheduled public hearing. The EIA does not refer to any of the concerns documented in the inspection reports and the directions for compliance under the Water Act, 1974 and the Air Act, 1981 ordered by the Pollution Control Board. Though the VAL has submitted compliance reports and replies to the Pollution Control Board on its finding, this information has not been analysed in the EIA nor has it been made public. These are all the more problematic as the last inspection report and directions issues by the Pollution Control Board highlighted a series of outstanding violations in relation to continuing pollution and lack of compliance with its directions.

The EIA as it is commissioned and paid for by the VAL also does not replace the need for an independent assessment by a public and expert body of both the environmental and human impacts of the proposed expansion. The Pollution Control Board’s own assessment of the proposed expansion plans and reactions to the EIA have not been made public and it is vital that this be made available to the communities prior to the public hearing.

The communities have a right to full and adequate disclosure of information on how any proposed expansion of the refinery will affect their human rights. This information must be provided to them in a timely and appropriate manner. Moreover, the process to identify risks to the population should be done in consultation with the communities and take their views and their knowledge into account. The time given to this process should be adequate to enable an effective assessment of the potential human rights impacts, and the development of plans to address any risks identified.

The existing refinery is already causing damage to the environment and human rights, and these problems have not yet been effectively addressed by the authorities or the company. Hence, any proposals for expansion should only be considered when the existing human rights impact on the local communities is addressed and appropriately redressed in line with the Government of India’s human rights obligations.

Amnesty International urges the Government of Orissa to:

• independently and impartially evaluate the possible human rights impact of the existing refinery and its proposed expansion on the local communities and make the findings public;

• ensure that the findings of the Pollution Control Board and the company’s responses are made available the communities before the public hearing;

• ensure that the Pollution Control Board’s assessment of the proposed expansion plans and reactions to the EIA are made public and available to the communities before the public hearing and

• ensure that these are disseminated to the communities in an accessible manner, especially to those who are not formally literate.

Thank you for your consideration for the above recommendations, and we look forward to your response at the earliest.

Sincerely,

Madhu Malhotra

Deputy Program Director

Asia-Pacific Program