Civil Society Groups and Communities condemn GOM changes, announces nation-wide debate on Mining Bill

Published on July 30, 2011 by News Desk · No Comments

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The national alliance of mining affected communities and support groups, mines minerals and PEOPLE (mm&P), Oxfam India, SPWD and PIC resolved to restore the original provisions in the draft MMDR Bill which provides for significant ownership rights to the mining affected communities. Responding to the changes being brought about in the wake of the recent meeting of the Group of Ministers, we strongly condemned the move to dilute the provisions and make way for a bureaucracy led institution that has failed miserably in the past. Ms Nisha Agrawal, CEO, Oxfam India said “these changes are a huge let down from the promises made in the original bill from promising the affected communities 26% equity by mining companies, to 26% profit sharing and now down to just sharing royalty, the Government has managed to water down its commitment towards inclusive growth’. “Mining industry is the most opaque and murky and profit reporting is more an art than commerce and regulation”, says R.Sreedhar, Geologist and Chairperson of mm&P. There are hordes of examples and every scam in the newspapers are all about this and yet the Government thinks that the corporates will honestly share the “true-profits”.

Taking a cue from the former Minster Mr Handique’s statement at the National Consultation (Jointly organized by Oxfam India-mm&P-SPWD and PIC} last year that this was not a dole but it was the right of the people, we believe that the affected communities must be made co-owners to stem the rot of illegal mining as well as the huge backlog of poverty in the mining regions. It is sad that the Minister has been unceremoniously dropped for his sensitivity on the issue.

That’s why we at mm&P have been calling for a moratorium on new leases until the existing ones are settled along with settlement of other rights under the existing laws and cleaning up the mess, both in terms of financial and environmental terms” says Ravi Rebbapragada, the General Secretary of the Alliance of mining affected communities.

The constitution of District Mineral Foundation is such that representatives of affected people must have the consent of DM to be a part of body. “I have apprehensions that this new body will only add to a number of such fund rich government bodies which have little concern with the purpose for which they were constituted,” says mm&P member from Dehradun, Mr Ravi Mittal.

The discretion to State Government, District authority or gram sabha to verify the data and determine the affected persons by said mining is not correct. Executive Council Member Adv B.T Venkatesh from Bangalore cites instances to prove that a village may be made ‘be-chirag’ (literally ‘deserted’) village and deny any rights to person hailing from the village. Better model would be ‘kumnidar’ of Goa. Persons belonging to or living in the village as on the date of the granting of license or lease should be entitled for rights in the village.Guaranteeing them merely MNREGA wages is rubbing salt to their wounds.

The draft now says compensation to be provided to only those recognised as having being dependent on the land in some form. In the context of the improper implementation of FRA and issues related to common lands there will be a lot of problems as the POSCO case shows, warns Viren Lobo, Executive Director- SPWD.

The notional owning of share is actually a farce. As experiences of activist shareholders too indicate how little such shareholders have a say in the day-to-day management of the mine – the communities demand that they have a direct control over resources if States were handing it over to the corporates in a platter without any oversight.

Gopal Jha of PIC points out that the new draft should ensure transparency by making the Detailed Project Report (DPR) available in public domain. The issue of reclamation is also not addressed completely by the bill and this has serious implications even after the mine is closed in terms of their livelihoods. Reclaimed areas should not left for the company to use for its recreation.

The other clause that the government talks about to bring in ‘inclusion’ by the institution of a Sustainable Development Framework which looks to be a non-starter as it relates to some philosophical principles but does not indicate specific parameters to look for on the ground says Nishant Alag, CIO of the Mining Information Clearinghouse of India (MICI). There are several aspects that need detailed consultation with affected groups before the law can be enacted.

The alliance is stepping up the nation-wide debate with consultations in various states beginning with one in Orissa on the 30^th of this month at Rourkela. These proceedings will be placed before the Parliament Members before the bill is passed.