Letter from PSSS to Jairam Ramesh, August 2010

http://kafila.org/2011/02/01/a-green-signal-for-the-rape-of-justice-and-the-people-posco-pratirodh-sangram-samiti/

The following is the statement issued by the POSCO PRATIRODH SANGRAM SAMITIon the latest decision of the Environment Ministry on POSCO. The image below from an earlier round of land acquisition attempt is a telling illustration of how the ‘free market’ functions. Received via Shankar Gopalakrishnan.

Land being acquired for POSCO. Image courtesy The Hindu

Jairam Ramesh and the UPA government have shown their true colours with their decision today on the POSCO project. Ignoring the reports of its own advisory bodies and enquiry committees, violating its own orders and the laws of the land, this Ministry has shown that the naked face of corporate greed – it is not the “rule of law”, the “aam aadmi”, “inclusive growth” or any of these other lies – that rules this country. The decision today can be summarised in one sentence:”Repeat your lies, give us promises that we all know are false, and then loot at will.”

We repeat: we will not give up our lands, our forests and our homes to this company. It is not the meaningless orders of a mercenary government that will decide this project’s fate, but the tears and blood of our people. Through the road of peaceful demonstrations and people’s resistance we have fought this project, in the face of torture, jail, firings and killings. If this project comes it will come over our dead bodies.
We note the following about today’s decision:

The Orissa government has been asked to give an “assurance” that the affected people of the area are not forest dwellers under the Forest Rights Act, after which the “final forest clearance” will be granted. The Orissa government has already lied on this count on numerous occasions. Indeed, the majority report of the POSCO Enquiry Committee said “The Committee finds that the government’s own records such as census reports and voters list confirm that there are both other traditional forest dwellers (OTFD) and forest dwelling Scheduled Tribes in the project area and the statement of the District Collector of Jagatsinghpur to the contrary is false” (para II.1, Conclusions and Recommendations). Even the dissenting member agreed that the Act had not been implemented. The same finding had been reached by the subcommittee of the Saxena Committee earlier. After the Ministry’s own enquiry committees have found the Orissa government guilty of lying, what is the meaning of saying the project can proceed if the liars repeat their lies?

This Ministry has earlier made a song and dance of respect for people’s views and environmental laws. Under the Forest Rights Act, the consent of the gram sabhas of the area is an essential requirement, and this was confirmed by the Ministry’s own order. Three different committees – the Saxena Committee, the POSCO Enquiry Committee and the Ministry’s own Forest Advisory Committee – all therefore said the clearance should be withdrawn. The Minister today claims that the project can go ahead if he and the Orissa government decide they want it to. So much for the law and for people’s rights.

On the environment clearance, we recall again the words of the majority Enquiry Committee, which said “Potentially very serious impacts…have not even been assessed, leave alone planned for…The cavalier and reckless attitude of the concerned authorities to such potentially disastrous impacts is horrendous and shocks the collective conscience of the Committee….There appears to be a predominant belief that conditionalities in the EIA/ CRZ clearances are a substitute for comprehensive evaluation and assessment of the environmental impact by the authorities. Imposing vague conditionalities seems to be a way out for the various agencies from taking hard decisions on crucial issues.” Again, it is not us who said this – it is the Ministry’s own Committee! And yet this is exactly what the Minister has chosen to do.

Independent reports and studies by reputed academics have confirmed what we have always said – this project will be of no benefit to anyone except POSCO’s profit margins. But yet we find this being called a project of “strategic importance.” To whom?

Today the veil stands ripped open; the government stands exposed before the nation, a mercenary willing to put its regulations, officials and security forces at the disposal of the highest bidder. Let the UPA and the Central government answer: where is the rule of law today, in the name of which you crush struggles across the country? Where is your much vaunted love for the people and for the environment? What do you stand for if not for corporate greed?

Prashant Paikray
Spokesperson, PPSS
09437571547

Letter from PSSS to Jairam Ramesh, August 2010

http://kafila.org/2010/08/19/posco-pratirodh-sangram-samiti-to-jairam-ramesh/

This is a press release issued in August 2010 by PPSS, pointing out the illegalities being committed by the Orissa government and the Central Ministry of Environment and Forests in connection with the POSCO project.

POSCO PRATIRODH SANGRAM SAMITI

Dhinkia, Nuagaon, Gadkujang; Jagatsinghpur District, Orissa

11.08.2010

To:

Shri Jairam Ramesh

Minister of Environment and Forests

Paryavaran Bhavan

New Delhi

Sub: Regarding POSCO project – need for withdrawal of illegal final clearance; new Meena Gupta Committee clearly aimed at delaying matters

Dear Sir,

We are the people’s organisation spearheading the struggle against the illegal and unjust POSCO project in Orissa. We are writing to you in the context of the ongoing illegalities being committed by the Orissa government and the Central Ministry of Environment and Forests in connection with this project. We also condemn the decision of the Ministry to constitute yet another Committee to “look into the matter” instead of remedying its own illegal decision to grant final forest clearance to the project on December 29, 2009.

We wish to bring the following to your attention. While we welcome the stop work order of the Ministry dated August 6, 2010, we condemn the Ministry’s failure to withdraw the illegal clearance granted on December 29, 2009 to the project.

We, political leaders and now your Ministry’s own Committee to Study the Forest Rights Act (the NC Saxena Committee) have all pointed out that:

1. We are indeed Other Traditional Forest Dwellers and eligible for rights under the Forest Rights Act, 2006. It may be noted that the palli sabhas of Dhinkia, Nuagaon and Govindpur have also asserted this fact and it is therefore now simply illegal for any other authority to deny it without going through the process under the Forest Rights Act.

2. As we are other traditional forest dwellers, our consent is required for the

diversion of any forest land (this is also stated in your own Ministry’s circular of August 3, 2009). The palli sabhas of Nuagaon, Dhinkia and Govindpur have denied consent to any diversion on February 4, 5 and 6 of this year, which has also been admitted by your Ministry in its latest “stop work” order.

3. The process under the Forest Rights Act has not been completed in the area. No rights have been recognised and no claims processed. This has also been admitted by the Ministry and by the Orissa government itself, which has said in writing to you that it has not processed any claims.

In short, every single condition required with respect to the Forest Rights Act for a legal forest clearance has not been met; but the clearance was granted anyway on December 29, 2009.

Moreover, now that the palli sabhas have denied their consent, all other issues become irrelevant, and the clearance is invalid in any case. If the Ministry intends to comply with the law, it has no choice but to withdraw the clearance and reject the project’s application.

Yet instead of doing this, we now find the Ministry has constituted yet another Committee to “investigate” the status of “implementation of the Forest Rights Act” as well as “relief and rehabilitation” (vide its order dated 28.07.2010). It is clear that this new Committee is nothing but a delaying tactic intended to muddy the waters. What exactly is this Committee going to

do?

Please consider:

· The Committee cannot investigate whether or not we are eligible under the Act; we have already produced documentary proof of the same which has been accepted by the NC Saxena committee. In any case, at the most this can only be challenged by anyone through the process under the Forest Rights Act; the District Collector’s lies about the lack of eligible persons have no legal standing and should have been rejected in the first place. How many more Committees do you need to “investigate” this matter? What are they going to “investigate”?

· Although we are eligible under the Forest Rights Act, the Orissa government itself admits that it has not processed any claims. It is therefore clear that the Act has not been implemented. What exactly is there for the Committee to “ascertain”?

· The fact that the palli sabhas of Dhinkia, Nuagaon and Govindpur have denied consent for the project in February 2010 is known and accepted. This requires no “investigation” except looking at the concerned panchayat registers. The clearance is therefore invalid. How then is any further investigation relevant?

· The key question before the government is why the Ministry issued a clearance on December 29, 2009, in violation of the law and its own orders and despite having none of the required documents. This can only be answered by the Ministry, not by any inquiry in our area.

· There is a direct conflict of interest in the composition of the Committee, in that the Chairperson was herself the Secretary of Environment and Forests when the project was granted environmental clearance. As such she is being asked to review a project which she has already taken a decision in favour of.

We may also note that on June 22 the MoU with POSCO for this project lapsed. In light of this the entire basis for the forest clearance becomes infructuous as there is no longer any project in existence. If a new MoU is signed, the existing clearance is in any case invalid as it relates to the earlier proposal.

In sum, there is no purpose in the Committee “investigating and ascertaining” any matters with respect to the Forest Rights Act. It also cannot look into any questions of “relief and rehabilitation” because no rehabilitation has been done yet. It cannot even consider the general wisdom of the clearance because there is no longer any clarity on what the project is.

We therefore reject this irrelevant Committee as an obvious attempt to delay and confuse matters. No doubt some elements will try to use it to muddy the waters and come up with bureaucratic excuses for continuing to violate the law. We call upon you to cancel this committee, withdraw the illegal forest clearance and finally reject the application by POSCO India for diversion of forest land in Jagatsinghpur. This is the minimum that is required by law.

We will continue our peaceful and democratic agitation for our rights.

Sincerely,

Abhay Sahoo

Chairperson

POSCO Pratirodh Sangram Samiti

Contact:
Prashant Paikray,
Spokesperson,
POSCO Pratirodh Sangram Samiti
09437571547