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Press Release, 10/12/2023

Coerced Gram Sabhas in Sijimali: A Grave Travesty of Justice

Concerned Citizens

Today, on the occasion of International Human Rights Day, while the rest of the world is celebrating the 75th anniversary of the United Nations adoption of the Universal Declaration of Human Rights, we express our deep concern and despair at the violation of rights of the indigenous people of Sijimali hills in Odisha. On Friday, 8th December 2023, nearly 10 buses of armed police forces were deployed across villages in Sijimali hills to assist the district administration of Rayagada and Kalahandi to jointly unleash a reign of terror. The purpose was to coerce the indigenous people to attend hurriedly held “Gram Sabhas”, to validate the diversion of forest lands for the Sijimali Bauxite Mining Project of Vedanta Company. These tactics follow months of stiff opposition to the bauxite mining project by people, leading the state to again resort to coercive and manipulative tactics to get its own way. In its desperate attempt to manufacture the consent of the villagers, the district administration has hurriedly carried out Gram Sabhas, and without prior notice, thereby rendering them illegal on this count as well.

The Sijimali bauxite reserve spreads over both Thuamal Rampur block in Kalahandi District and Kashipur block in Raygada District. In February 2023, Vedanta Limited was declared by the Odisha government as the preferred bidder to mine Sijimali bauxite reserve, which covers an area of 1549.022 hectares of Sijimali hills, estimated to have 311 million tons of bauxite. However, neither prior consultation was done with the local villagers nor consent was taken from them before leasing out the hills, even though the mining area is spread over more than 18 tribal dominated villages classified under Schedule V of the Indian Constitution due to dense presence of indigenous population in the villages. Under the Panchayat Extension to the Scheduled Areas Act, 1996 (PESA) and the Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 (FRA), private mining in Schedule V areas cannot be allowed without prior discussion and consent by the Gram Sabhas. Yet, such statutory requirement was clearly ignored. Therefore, the process of leasing out Sijimali Bauxite reserve is illegal and a clear violation of PESA and FRA.

As villagers started organizing themselves to resist the entry of the company for mining, the Odisha government resorted to severe repression. In early August 2023, twenty four leading activists were arrested (now released on bail after three months) on false charges. Nearly 93 people from Adivasi and Dalit communities were named along with 100 others in FIRs lodged by the company officials alleging them of rioting, murder and several other charges under different sections of the IPC.

After putting the leaders in jail, a weak and highly incomplete Environment Impact Assessment Report was put out to the public on 14th September 2023. The numbers of water sources and perennial streams in the affected area was gravely undercounted. The cultural significance of the hill as the sacred abode of their deity Tijimali was ignored. The land as the main source of life and livelihood was overlooked.

The state and the agents of the company also collaborated in creating a wedge within the community by conducting a rally on 5th October 2023 in favor of the quick implementation of the project.

Intense police repression and harassment by the company goons across the villages in the Sijimali hills continued till mid-October.

Public hearings to gain the environmental clearance had now been scheduled by the Odisha State Pollution Control Board. Despite the atmosphere of intimidation and repression, at the public hearings for environmental clearance held on 16th and 18th October 2023, at Sunger and Kerpai panchayats, the villagers clearly opposed the mining proposal.

In its desperate attempt to divert forest land, on 14th November 2023, the Odisha state cabinet approved to amend the Odisha Scheduled Areas Transfer of Immovable Property (by ST) Regulation Act 1956, which would allow tribals in Schedule V areas to sell or mortgage their land to non-tribals with the written permission of the sub-collector. However, in the face of severe criticisms from different sections, the government had to withdraw the proposed amendment.

When all the tactics failed, the state resorted to again unleash a reign of terror before the mandatory Gram Sabha meetings. On 8th December 2023, hundreds of armed police personnel were deployed in the Sijimali area to threaten people and pressurize them to sign consent forms stating that they had agreed to divest their sacred lands for mining. Vedanta’s contractor, Mythri Infratech, officials were also present along with the police. The state-company nexus coerced people into signing consent forms, making a complete mockery of the constitutional values guaranteed to indigenous people under Schedule V of the Indian Constitution. To expedite the process, the district administration along with a huge posse of police and company staff went out to the villages to hold Gram Sabhas in complete violation of Free, Prior and Informed consent, guaranteed under PESA and FRA.

People across the villages questioned the govt officials and police for not following due process in conducting the Gram Sabhas. They have also resisted signing the consent forms. In villages of Sagabari and Aliguna, the police, district administration and the company officials had to turn back in the face of strong resistance from villagers. However, the police and company officials have managed to conduct Gram Sabhas forcefully in a few villages like Chulbadi village (Kalahandi district) by threatening the villagers, and by giving Rs 1000 /- as a bribe. Women from Bandel and Kantamal village reported that when most villagers had gone to Aliguna to express their solidarity, the district administration along with police and company officials reached their village with adivasis from other localities and took their photographs as proof of Gram Sabhas held.

A few regional media outlets have carried the false news that successful Gram Sabhas were held across 10 villages in Sijimali hills, without the resistance or questioning the illegal measures taken. These media outlets did not even bother to question the heavy presence of police and company officials at the Gram Sabhas.

Meanwhile, a huge battalion of police, including women police personnel and JCB vehicles, proceeded to the adjoining Majhingmali hilltop. Over the past three months, women have been on vigil to stop Odisha Mining Corporation (OMC) officials from doing soil testing and carry out a prospecting survey for bauxite.

The independence of a core democratic institution, the Gram Sabha, and the freedom of the people to voice their opinions without fear has been gravely violated in the entire process. Given the above, and the violation of all due process, we the undersigned:

• Express our outrage and concern over the violation of the rights of indigenous people of Sijimali hills.
• Demand the proper implementation of Forest Rights Act, 2006 to ensure the indigenous people their right to land, nutrition, health and income.
• Call upon the Odisha Government to cancel the mining lease granted to Vedanta Limited.

(Endorsed by several activists and organisations. For list of signatories, see Countercurrents website. Courtesy: Countercurrents.org.)

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Press Release, 10/12/2023

Stop Conducting Fake Gram Sabhas at Gunpoint in Rayagada, Odisha

Forum Against Corporatization and Militarization

On 8th December 2023, news surfaced that in Aliguna village, about 10 buses full of police and company officials arrived in the village to forcefully conduct Gram Sabha in favour of the mining project in Sijimali bauxite block, Odisha. Recently, another attempt was made to conduct Gram Sabha in favour of the mining project which would displace the local Adivasi peasants from their lands and intensify the corporate loot of natural resources in the region, but the effort was thwarted by the resistance of the people. At the same time, in Majingmali, Odisha, a battalion of police, along with a squad of women police personnel, are attempting to provide passage to company JCBs to reach the hilltop of Majhingmali, once again utilizing brute state power to conduct corporate loot of natural resources at the cost of the Adivasi peasants in the region. They tried to build roads on the 8th December 2023 from Kalagaon to the hilltop but were thwarted by the women of the village who held a blockade. Just a month ago on 4th November 2023, an almost identical attempt was made to do the same at Kalagaon and once again, the attempt was thwarted by the alert response from the Adivasi peasants.

While the demand in the region has been the implementation of the PESA Act to conduct fair village councils with the participation of the locals in the affairs of their own affairs, the state has not only failed to implement this act but rampantly using the paramilitary and the police personnel to conduct fake Gram Sabhas at gunpoint. On 8th December, a shadow notice was floated by the state and company officials in Sagabari village for conducting Gram Sabha in favour of the Sijimali mining project, which was quickly removed by them after the villagers forced them out of the village. The corporate-state nexus was extended its teeth into land in the name of countering the Maoists in the region and rapidly built camps, increased paramilitary presence and the armament of police in the region under Operation SAMADHAN-Prahar and are rampantly attempting to intensify the loot of India’s natural resources and the land grab of Adivasis through brute force of the state’s guns. It is important to note that the renewed and simultaneous onslaught on 8th December comes right after the electoral victory of the Bharatiya Janata Party in neighbouring Chhatisgarh which has inadvertently emboldened the state to engage in fascistic onslaught on the people.The practice of abductions, fake encounters and fake cases under draconian laws like UAPA are commonplace in these struggles, with the nearby Niyamgiri hills being a recent example of the same where in August, the leaders of the Niyamgiri Suraksha Samiti were forcefully abducted by the police and fake cases were filed against them for resisting the mining operations in an area where even the Supreme Court in 2013 had given a verdict against the companies.

The pattern during these attempts is that the organized resistance of the people has kept the corporate-state nexus in check and their opposition to this model of development peddled by the ruling class apparatus in the name of “New India” highlights the importance of a people’s model of development. Villagers from Kantamal, Banteji, Serambai and Bundel are already resisting similar attempts at forced Gram Sabhas like in Aliguna. It is of utmost importance to defend the democratic rights of the people and to immediately implement the PESA Act in this region.

Forum Against Corporatization and Militarization (FACAM) condemns the forceful Gram Sabhas in the region as well as the continuous attempts at illegal and undemocratic mining operations through police brute force in Majhingmali. FACAM demands the immediate stopping of all mining activities in Majhingmali and the immediate implementation of the PESA Act.

(Both Press Releases: Courtesy – Countercurrents.org.)