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Article

1 Dec 2016

Author:
Shelley Marshall, Monash University & Samantha Balaton-Chrimes, Deakin University

Tribal claims against the Vedanta Bauxite Mine in Niyamgiri, India: What role did the UK OECD National Contact Point play in instigating free, prior and informed consent?

November 2016

…The Vedanta Aluminium Complex…involved a proposal to establish a Bauxite mine at the top of Niyamgiri Hills…The Niyamgiri Hills constitute the only traditional home to the Dongria Kondh and the Kutia Kondh. The Dongria Kondh and Kutia Kondh aimed to claim their right to control over their lands, and to exercise free and informed consent concerning any transfer of their lands…Survival International lodged a complaint to the UK National Contact Point. At the same time, a complex set of administrative reviews and court cases were being lodged and heard in India…A determination against Vedanta by the UK…NCP…led to the disinvestment of a number of shareholders and reputational damage for Vedanta on the international stage. At home, the pursuit of legal means of redress resulted in a process of self-determination for tribal people underwritten by constitutional law…Ultimately, the mine was stopped by a Supreme Court of India judgment…

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