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Out of Control
Mining, Regulatory Failure, and Human Rights in India
Summary
Key
Recommendations
To the
Government of India
To
India’s State Governments
To the
United Nations Special Rapporteurs on the Right to Health and on the Right to
Safe Drinking Water and Sanitation
Methodology
I.
Background: “Illegal Mining” in India
Mining,
Megaprojects and Controversy
Patterns of
Illegal Activity in India’s Mining Sector
What is
“illegal mining?”
II. Goa Case
Study: Regulatory Collapse and its Consequences
Background
“A
Total Lack of Governance”
Failure to
Track Basic Indicators of Compliance
Consent to
Operate
Production
Figures
Central
Government Failures
Conflicts of
Interest and Allegations of Corruption
Human Rights
Impacts
Health,
Environmental and Livelihood Concerns
Health
Concerns
Water and
Agriculture
Protest and
Response
Threats and
Violence
An
Inevitable Scandal
A Test for
Goa’s New Government
III.
Regulatory Collapse in India’s Mining Sector
The Answer
is Always Yes: Government Approval of New Mining Operations
Inadequate
Consideration of Community Impacts
India’s
Environmental Impact Assessment Regime: Rotten Core of a Broken System
Mandatory
Public Consultations: A Lost Opportunity
Weak
Oversight of Operational Mines
Longstanding
Critiques
The Role of
Corruption
IV.
Karnataka Case Study: Criminality and Mining
Seizing
Control
A Broader
Collapse of Governance
Human Rights
Impacts
From
Impunity to Accountability
V. Mining
and Human Rights: Government’s Duty to Regulate
The Need for
Regulation
The Duty to
Regulate to Protect Human Rights
Social and
Economic Rights Obligations
VI. A
Nationwide Problem
VII. Reining
in the Abuse: Practical Steps Forward for India’s Government
Beyond the
New Mining Law
Key
Recommendations
Dramatically
Improve the Environmental Impact Assessment Regime
A Review of
all Existing Environmental Clearances for Mining Projects
Stricter
Oversight of Existing Mines
New Steps to
Ensure Accountability for Illegal and Abusive Actions
Acknowledgments
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