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154 | Environmental and social transparency under the Companies Act 2006Annex 7: Company AGMs in practice: the mining industry | 155quickly to implement the Report’s recommendations); Geoff Nettletonof Philippine Indigenous Peoples’ Links raised issues regarding theConnor project in the Philippines, and a perceived lack of communityconsultation and engagement; Frank Nally of the Society of St Columban,raised concerns about the company’s operations in the north eastof Mindanao in the Philippines, and read a statement from residentsof Anislagan, Placer, Surigao del Norte, Philippines which outlined theperceived threat posed to their way of life by Anglo American operations.The chair, Sir Mark Moody Stuart, then made claims regardingthe legality of AA’s actions, the strength of governance in the Philippines,and the company’s efforts (or lack of) to engage with the communities.Geoff Nettleton and Frank Nally rebuffed the claims, withreference to direct and long-standing experience of operations on theground, at which point the chair made significantly revised claimsbefore the business of the meeting was reportedly swiftly movedon. 386A.7.2.3BHP Billiton plcBHP Billiton plc is one of the twin holding companies of the BHP BillitonGroup, as part of its ‘dual-listed structure’. It is listed on the London StockExchange, while its twin holding company BHP Billiton Ltd is listed on theAustralian Stock Exchange. 387 It was born of the merger of BHP (a majorglobal natural resources company working with minerals, oil, gas and steel),and Billiton (one of the world’s biggest mining companies) in 2001. 388 It nowoccupies ‘significant positions in major commodity businesses, includingaluminium, energy coal and metallurgical coal, copper, manganese, ironore, uranium, nickel, silver and titanium minerals, and [has] substantialinterests in oil, gas, liquefied natural gas and diamonds’. 389 It operates in 25countries worldwide and as at 31 December 2007, had a market capitalisationof over US$190 billion. 390- AGM 2005 – Geoff Nettleton of Philippine Indigenous Peoples’ Linksasked, on behalf of the local communities, whether the companywould making a clear commitment not to proceed with mining at GagIsland, and whether BHP would make a commitment to the emerginginternational principle of free prior and informed consent; RichardSolly, on behalf of families in Colombia, questioned the displacementactivities at Cerrejon Zona Norte (33% owned by BHPBilliton), relayinga message from a community representative expressing the displacedfamilies’ disappointment that dialogue had broken down overjust compensation and communal relocation; Andrew Whitmore ofPhilippine Indigenous Peoples Links questioned the company’s plansfor nickel exploration and extraction on the island of Mindanao, in theface of community opposition he had experienced on the ground.- AGM 2006 – Richard Solly, representing the peoples surrounding theCerrejon mine in northern Colombia, raised questions relating tocommunity rights. He raised the question in light of global protestsagainst the project, as well as wide-ranging worldwide support fromlabour organizations, politicians and NGOs. 391- AGM 2007 – Representatives of the Colombian coal miners’ unionSINTRACARBON made representations regarding alleged poor treatmentof labour at the Cerrejon Coal mine in La Guajira, one-thirdowned by BHPBilliton, and forced evictions in the local community;Datu Victor Aying, a community leader from Mindanao in the Philippines,spoke about ignored community opposition to BHPBilliton’sPujada Bay nickel project and environmental damage reportedly stemmingfrom the project; Jo Villanueva of LRC, the Philippine branch ofFriends of the Earth, questioned BHP’s involvement with a partner inthe Philippines that had reportedly been implicated in the death of asecurity guard; Andrew Hickman, of Down To Earth, called for thecompany to stay out of protected areas in Kalimantan, in IndonesianBorneo; Richard Solly, who accompanied the SINTRACARBON representatives,expressed concerns regarding alleged intimidation andsuppression of criticism at the Cerrejon mine. 392A.7.2.4Vedanta Resources plcVedanta Resources plc is a traditional pyramid group of companies, listedon the London Stock Exchange, and headquartered in London. It is a diversifiedand integrated metals and mining group, with principal operations inIndia (other significant operations in Zambia and Australia). In April 2007,it had market capitalisation of around £8 billion. 393- AGM 2004 – Individuals drawn from four UK NGOs raised a numberof questions, especially focusing on Vedanta’s construction of a hugeralumina refinery on tribal land in Orissa, and the blasting of theregion’s most sacred mountain, Nyamgiri, to provide the bauxite feedstock. 394
156 | Environmental and social transparency under the Companies Act 2006| 157- AGM 2008 – Representatives of the Mineral Policy Institute (MPI)- AGM 2007 – R. Sreedhar, a geologist, raised the company’s allegedlyabuses. 397illegal expansion of its smelter in South India, its polluting impactsin Zambia, the heightened prospect of a major penalty for Vedanta’soperations in Armenia (closed by government order); Samarendraattended as proxies and raised issues regarding tail dumping at thenotorious Freeport mine and their involvement in the civil war in Panguna.Das, a journalist from Orissa raised the question of Vedanta’s reporteddonations to political parties; representatives of Action Aid questionedA.7.3.2 BHP Billitoncompany claims regarding the rehabilitation it had provided to relocatedvillagers in Orissa; tribal representatives Kumuti Majhi andPhulme Majhi, attended as proxies, speaking with interpreters aboutthe perceived danger to their livelihoods and safety, which they linkedto Vedanta’s operations in Orissa. 395- AGM 2006 (Australia) – Representative of the Mineral Policy Instituteattended as a proxy and asked a question regarding BHP’s reportedrequested exemption to numerous national laws in South Australia. 399- AGM 2008 – Despite a press ban, the journalist Peter Popham wasable to gain access to the AGM as a proxy, in order to provide a pressaccount of the directors’ response to questions from numerous tribalrepresentatives in attendance, relating to the controversies of Vedanta’ssubsidiary’s operations in Orissa, India. 396A.7.3 Examples of relevant practice outside of the UKHere we will briefly examine some examples of this practice in the meetingsof the same company groups, held in other host states. While theseevents did not take place under UK law, they were permitted withoutresistance by company groups based in the UK, and thus are of relevancein understanding the degree to which this practice is accepted by UKcompanies.A.7.3.1 Rio Tinto- AGM 1998 (Australia) – Representatives of International Federation ofChemical, Energy, Mine and General Workers’ Unions (ICEM), environmentgroups and indigenous people’s organisations attended andspoke using proxy rights or by buying small shares.- AGM 2006 – Spokesperson for Papuan asylum seekers spoke as aproxy, regarding the alleged direct links between operations at theFreeport mine (in which Rio Tinto has a 40% share) and human rights
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