Mar 2 2012 by Jade in Brighton
Two Bhopal survivors’ organisations have written to Jacquos Rogge, the president of the International Olympic Committee (IOC) urging the IOC to cease chemical giant Dow’s sponsorship deal with the committee.
The organisations are the Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS – an organization of Bhopal gas-victims for seeking justice) and the Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS – a coalition of all India and Delhi-based organizations for supporting the struggle of the gas-victims for justice), both from India.
Their letter focuses heavily on the Olympic charter, highlighting that the Dow sponsorship constitutes a breach of several of the fundamental Olympic principles outlined in the charter.
The letter points to the IOC’s Code of Ethics (2012) which clearly states: “the Olympic parties, their agents or their representatives must not be involved with firms or persons whose activity or reputation is inconsistent with the principles set out in the Olympic Charter and the present Code.”
They further their argument by stating: “it is the duty and responsibility of the IOC and the LOCOG to uphold the laudatory principles in the Olympic Charter and to strictly implement the Code of Ethics”
The sponsorship deal is seen to have significant benefits for Dow with the assertion that “the £7 million worth of wrap, which Dow is supposed to contribute to the 2012 London Olympics, is essentially just another form of investment for the profit that Dow hopes to reap from the Olympic Movement in the future.”
The full letter can be read below.
29 February 2012
Dear Mr.Jacquos Rogge,
This Memorandum is being sent to you on behalf of the Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS – an organization of Bhopal gas-victims for seeking justice) and the Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS – a coalition of all India and Delhi-based organizations for supporting the struggle of the gas-victims for justice).
It is the considered opinion of BGPMUS and BGPSSS that an unwarranted controversy has been created by the IOC and the LOCOG by inducting the Dow Chemical Company, USA, as a partner of the Olympic Movement despite Dow’s chequered history. For maintaining the spirit of the Olympic Movement and for upholding the sanctity of the Olympic Charter and the Code of Ethics, we urge theIOC and the LOCOG to rescinded that decision
because we firmly believe that the said decision was made on the basis of false and misleading information furnished to you by Dow.
The purpose of sending this Memorandum to you is to inform the IOC and the LOCOG about ALL the facts of the case so that the IOC and LOCOG can reconsider its earlier decision on the basis of a fair and balanced assessment of all the facts and not based solely on Dow’s slanted version as had happened earlier. It is the considered stand of BGPMUS and BGPSSS that Dow is guilty of practicing and condoning racial discrimination. Dow is also guilty of resorting to falsehood, bribery and intimidation to promote its business interests.
As you are aware, the 6th ‘Fundamental Principles of Olympism’ as inscribed in the Olympic Charter (2011) clearly states that: “Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.” Moreover, the IOC’s Code of Ethics (2012) has very categorically stated that: “The Olympic parties, their agents or their representatives must not be involved with firms or persons whose activity or reputation is inconsistent with the principles set out in the Olympic Charter and the present Code.” [Section – B, Clause 6] Furthermore, the same Code of Ethics also states that: “The Olympic parties shall see to it that the principles and rules of the Olympic Charter and the present Code are applied.” [Section – G, Clause 1]
Under the circumstances, BGPMUS and BGPSSS, hereby, urge the IOC and the LOCOG to ensure that the principles and rules as set out in the Olympic Charter and the Code of Ethics are applied and IOC’s and LOCOG’s untenable partnership with Dow is terminated forthwith for reasons stated in the Appendix to this Memorandum. BGPMUS and BGPSSS earnestly hope that the IOC and the LOCOG would duly consider this Memorandum and initiate necessary action.
Thanking you,
Yours sincerely,
Abdul Jabbar Khan N.D.Jayaprakash
(for BGPMUS) (for BGPSSS)
CC: Lord Sebastian Coe, Chairperson, LOGOC
APPENDIX
FACTS OF THE CASE REGARDING DOW
FOR DUE CONSIDERATION OF THE IOC AND THE LOCOG
1. In the reply dated 02.02.2012 to the letters of the Acting President of the Indian Olympics Association (IOA), Prof.V.K.Malhotra, dated 27.01.2012 and 18.12.2011, the President of the International Olympics Committee (IOC), Mr.Jacquos Rogge, had stated as follows:
“The IOC and LOCOG were aware of the Bhopal Gas Tragedy when discussing the partnership with Dow. Dow had no connection with the Bhopal tragedy. Dow did not have any ownership stake in the Union Carbide until 16 years after the accident and 12 years after the $470 million compensation agreement was approved by the Indian Supreme Court. The court has upheld this settlement twice since then, in 1991 and 2007. We understand that this is being reviewed yet a third time by the Indian Supreme Court and we are aware of Dow’s position in this matter and of the sensitivities of all parties.” [Ref: Letter of IOA Acting President dated 16.02.2012 at http://www.olympic.ind.in/images/2012[1].02.16%20-%20reg%20Dow%20Chemical.pdf]
2. It is obvious from the above letter that the IOC and the LOCOG had merely chosen to believe the half-truths and misinformation that Dow had placed before the IOC and the LOCOG in this regard. On the contrary, the facts of the case are actually as follows:
(a) It is, indeed, true that initially Dow did not have any connection with the Bhopal tragedy – and it is nobody’s contention that Dow had any such connection with Union Carbide Corporation (UCC) at the time of the tragedy on 02/03.12.1984.
The Bhopal gas-victims [through BGPMUS and BGPSSS and others] had challenged the unjust Bhopal Settlement of 14/15.02.1989 by filing Review and Writ Petitions before the Supreme Court of India in March 1989. As a result, the criminal cases against UCC and all the other
(a) accused in the case, which were quashed under the terms of the said Settlement, were revived vide Judgment dated 03.10.1991. The said Judgment has “held that the quashing of the criminal proceedings was not justified. The criminal proceedings are accordingly, directed to be proceeded with.” [Clause (iii), para 214, (1991) 4 SCC 584]
(b) In the same Judgment, the Court had further directed that: “…if the settlement fund is found to be insufficient, the deficiency is to be made good by the Union of India as indicated in paragraph 198”. [Clause (viii), Para 214, (1991) 4 SCC 584] Thereby, the onus of responsibility for meeting the civil liabilities of a crime committed by UCC was shifted on to the Union of India. This direction was later challenged by the Union of India through a Curative Petition (Civil) Nos.345-347 of 2010, which was filed before the Supreme Court of India on 03.12.2010. The basis for filing the said Curative Petition was that the number of dead and seriously injured is higher than what was assumed at the time of the Settlement and that the onus of paying additional compensation is that of UCC/Dow and not of the Union of India. The said Curative Petition is currently pending before the Supreme Court.
(c) That, it may also be assumed, as Dow contends, that “Dow did not have any ownership stake in the Union Carbide until 16 years after the accident and 12 years after the $470 million compensation agreement was approved by the Indian Supreme Court”. However, the truth was that much before Dow had decided to own UCC, Dow was well aware of the following facts:
(i) That criminal proceedings against UCC had been revived vide Judgment of the Supreme Court of India dated 03.10.1991 in Civil Appeals Nos.3187-3188 of 1988;
(ii) That, after the then Chairman of UCC, Warren Anderson (accused No.1); UCC (accused No.10); and UCE, Hong Kong (accused No.11) had failed to appear in the criminal case (R.T.No.2792 of 1987), the Chief Judicial Magistrate (CJM), Bhopal, on 07.12.1991 had issued a proclamation ordering accused Nos.1, 10, and 11 to be present before the Court on 01.02.1992;
(iii) That the said proclamation that was issued by the CJM, Bhopal, on 07.12.1991 ordering accused No.1 to be present before the Court on 01.02.1992 was published in The Washington Post on 01.01.1992;
(iv) That the CJM, Bhopal, vide Order dated 01.02.1992 had proclaimed accused Nos.1, 10 and 11 (i.e., Warren Anderson, UCC and UCE) as absconders for non-appearance in the criminal case;
(v) That the proclamation of the CJM, Bhopal, dated 01.02.1992 declaring UCC (USA) as absconder and ordering UCC’s authorized representative to be present in Court on 27.03.1992 was published in The Washington Post on 21.02.1992;
(i) That on 27.03.1992, the CJM, Bhopal, issued non-bailable warrant of arrest against accused No.1 and ordered the Union of India to seek extradition of Warren Anderson from the U.S. Acceding to the request of Union Carbide India Limited (UCIL), the CJM postponed attachment of UCC’s properties in India till the next hearing.
(ii) That on 29.04.1992, the CJM, Bhopal, attached the properties of UCC in India for non-appearance in the said criminal case in response to the applications filed by the CBI (Central Bureau of Investigation), BGPMUS, BGPSSS, and BGIA (Bhopal Group for Information and Action).
(iii) That the criminal case against accused Nos.1, 10 and 11 (i.e., Warren Anderson, UCC and UCE) is currently pending as Miscellaneous Judicial Case (MJC) No.91 of 1992 before the Court of the CJM, Bhopal, since the said accused are continuing to abscond from the Court.
3. In other words, at the time when Dow bought UCC and UCC became a wholly owned subsidiary of Dow on 06.02.2001, Dow was very well aware that UCC was a proclaimed offender and a fugitive, which was absconding from justice and from the law of the land. By buying UCC, Dow had bought not only the assets of UCC but also the liabilities of UCC as well since liabilities of a company cannot be wished away while buying the assets. Thus, the plain truth
is that, by acquiring UCC (a fugitive company), Dow has itself become a fugitive company in the eyes of the law.
4. Therefore, it is amply evident that Dow had consciously concealed the facts of the case from the IOC and the LOCOG. The IOC and LOCOG, on their part, never bothered to cross-check the facts of the case from the IOA or the Government of India – let alone from representatives of the gas-victims. The IOC and the LOCOG had chosen to take the decision to induct Dow as an Olympic partner based solely on the misinformation spewed out by Dow. The IOC and the LOCOG cannot now claim that their decision to enter into a partnership with Dow was based on a fair and balanced assessment of the facts of the case. The decision of the IOC and the LOCOG to appoint Dow as one of the sponsors of the Olympic Games is wholly vitiated by the fact that the said decision is entirely based on the half-truths that Dow had placed before the IOC and the LOCOG.
5. Instead of asking appropriate questions and seeking proper answers from Dow, in the said letter dated 02.02.2012, the President of the IOC, Mr.Jacquos Rogge, had hastily gone on to extol the “admirable” qualities of Dow by claiming that: “Dow is a global leader in its field of business and is committed to good corporate citizenship.” Earlier, on 16.07.2010, when the IOC was announcing the decision to admit Dow as “an official Worldwide Olympic Partner”, the CEO of Dow, Mr.Andrew Liveris, took full advantage of the situation to add on some self-praise. He said:
“With our long-standing commitment to global sustainability, innovation, scientific excellence and addressing world challenges, we believe Dow is perfectly matched to the vision of the Olympic Movement, which is about peace, progress and the world coming together to celebrate our common humanity.” [See: http://www.olympic.org/ioc?articlenewsgroup=-1&articleid=94356]
6. Dow’s distinct contribution to “global sustainability” and “peace” and the way it has been celebrating “our common humanity” is evident from the manner in which Dow – by supplying defoliants in the form of “Agent Orange” and napalm bombs to the U.S. military – had connived to devastate the lives of the Vietnamese people and in destroying the environment there. [Kindly see article titled “Agent of Death” at:
http://www.frontlineonnet.com/fl2819/stories/20110923281905900.htmMoreover, the eagerness with which Dow had acquired UCC (a company, which by installing sub-standard safety systems and by violating operating procedures, had caused the Bhopal disaster) with a view also to absolve UCC of its culpability was hardly the most appropriate way to uphold the cause of “humanity”. [Kindly see article titled “The Crime of Union Carbide” at: http://www.counterpunch.org/2010/09/07/the-crime-of-union-carbide/]
7. Under the circumstances, it is all the more necessary to refer to the Olympic Charter and to examine whether the laudatory principles enshrined in the Olympic Charter are compatible with the decision of the IOC to engage Dow as one of the sponsors of the Olympic Games. According to the 6th ‘Fundamental Principles of Olympism’:
“Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.” [Page 11, Olympic Charter (in force from 08.07.2011) at:
http://www.olympic.org/Documents/olympic_charter_en.pdf
8. Considering that “dioxin” was one of the most toxic substance known to humans, Dow was clearly guilty of practicing racial discrimination against Vietnam by shipping to Vietnam stocks of “Agent Orange” with dioxin content far above the “safe” limit as compared to the stock of “Agent Orange” that was produced for consumption within the United States. It appears that “in domestic preparations it [dioxin] is present in much lower concentrations, 0.05 ppm (parts per million), as opposed to peaks of 50 ppm in stock shipped to Vietnam. Therefore, dioxin contamination of Agent Orange was up to 1,000 times higher than in domestic herbicides” (See: Hugh Warwick, “The Ecologist”, Sept-Oct 1998, page 264, at http://www.theecologist.org/back_archive/19701999/)
9. Similarly, by acquiring UCC, which is guilty of practicing racial discrimination against the people of India, Dow is guilty of condoning acts of racial discrimination. The root cause of the Bhopal disaster was the installation of sub-standard safety systems and gross violation of operating procedures at UCC’s Bhopal plant; whereas, at its parent plant in West Virginia (USA), UCC had installed superior safety systems and had followed strict operating procedures there. Not only were the safety systems at UCC’s Bhopal plant – such as the refrigeration system and the scrubber – totally under-designed in terms of the installed capacity of the Methyl-isocyanate (MIC) unit but also even those safety systems were shut-off by UCC as a cost-cutting measure well before the disaster in gross violation of the strict instructions in the “Operating Manuals”. Thereby, MIC, which is a highly toxic and reactive chemical and which had to be stored and used under stringent safety conditions, was left exposed without the necessary safeguards that literally paved the way for the disaster. On the other hand, the safety systems at UCC’s West Virginia plant not only were designed for “total containment” (in case of an accident) in terms of the installed capacity of the MIC unit but also the safety systems there were kept in operation mode at all times. In addition, while UCC’s West Virginia plant had standby safety systems as well, UCC’s Bhopal plant had none. This instance is a classic case of adoption of double standards in installation and operation of safety systems by UCC in a Third World country. UCC, which had consciously adopted discriminatory safety policies, was subsequently bought by Dow with the full knowledge that criminal cases were pending against UCC for causing the Bhopal disaster. Therefore, the IOC is completely at fault for acting contrary to the said ‘Fundamental Principles of Olympism’ by associating the Olympic Movement with a company, which is guilty of practicing and condoning racial discrimination against the people of Vietnam and India.
10. In this regard, the IOC’s Code of Ethics (2012) has very clearly stated that: “The Olympic parties, their agents or their representatives must not be involved with firms or persons whose activity or reputation is inconsistent with the principles set out in the Olympic Charter and the present Code.” [See: IOC Code of Ethics, Section – B, clause 6, p. 129, at
http://www.olympic.org/Documents/Reports/EN/Code-Ethique-2012-Version-finale.pdf]. In short, wholly contrary to the explicit provisions in the Olympic Charter and in the IOC’s Code of Ethics, the IOC has taken the unprecedented step of associating Dow, i.e., a firm “whose activity or reputation is inconsistent with the principles set out in the Olympic Charter and the present Code”, with the Olympic Movement. Furthermore, the same Code of Ethics has stated that: “The Olympic parties shall see to it that the principles and rules of the Olympic Charter and the present Code are applied.” [Ibid., Section – G, clause 1, p. 132]. In terms of the said explicit provisions in the Olympic Charter and in the Code of Ethics, on behalf of the Bhopal gas-victims, BGPMUS and BGPSSS, hereby, urge the IOC and the LOCOG to ensure that “the principles and rules of the Olympic Charter and the present Code are applied.”
11. On its part, Dow has both political as well as commercial objectives in wanting to be associated with the Olympic Movement. Dow’s political objective was centered in its forlorn hope that its partnership with the Olympic Movement would offer an opportunity to camouflage its ill-reputation and that its prestige would be enhanced by attaining recognition from the IOC as a company worthy of being associated with the Olympic Movement. Dow’s commercial objective was that it’s “association with the Olympic Games will present Dow with tremendous new business opportunities, making this partnership a powerful growth catalyst that comes at the right time in our Company’s strategic transformation.” [See: [http://www.olympic.org/ioc?articlenewsgroup=-1&articleid=94356]. In fact, according to a Reuters report, “Dow justified the sponsorship by forecasting an Olympic-related sales boost of $1 billion by 2020.” [See:
http://www.reuters.com/article/2012/02/21/dowchemical-olympics-idUSL2E8DL07M20120221.] Thus, the £7 million worth of wrap, which Dow is supposed to contribute to the 2012 London Olympics, is essentially just another form of investment for the profit that Dow hopes to reap from the Olympic Movement in the future.
12. Dow’s unsavory reputation in conducting its business is also an important factor that the IOC and the LOCOG have to take due note of. The following three incidents are prime examples of the questionable tactics which Dow has adopted to further its business interests.
(a) Dow has had no qualms in indulging in false propaganda for which it was even penalized for misleading the public. The case relating to pesticide ‘Dursban’ is an example. According to Attorney General Eliot Spitzer of the New York State: “By misleading consumers about the potential dangers associated with the use of their products, Dow’s ads may have endangered human health and the environment by encouraging people to use their products without proper care.” As a result, pursuant to a Consent Judgment signed on 12.12.2003 by Judge Joan Madden in Manhattan Supreme Court, Dow was required to pay a $2 million penalty (reportedly the largest pesticide enforcement penalty in U.S. history till date) and was barred from making safety claims about its pesticide products. [Kindly see: New York State Attorney General’s press statement dated 15.12.2003 at http://dursban-in-your-water.com/images/NY%20Attorneys%20PR%20dec15a_03.pdf]
(b) When false propaganda was not enough to serve its purpose, Dow had little problem in resorting to outright bribery as the next option. According to a report in Time magazine (28.06.2008): “Last year, Dow had to pay a $325,000 penalty to the Securities and Exchange Commission of the U.S. for bribing Indian officials to expedite licenses for four pesticides produced by Dow — one of which, Dursban, is banned in the U.S.” [See:
http://www.time.com/time/world/article/0,8599,1818555,00.html. The report titled “SEC Swats Dow with Bribery Charge” at http://www.cfo.com/article.cfm/8696902?f=related provides more details of this case.]
(c) When Dow is unable to bribe its way through, it readily uses its political clout to serve the same purpose. The brazen manner in which Dow contrived to ease out an uncompromising and conscientious official of the U.S. Environmental Protection Agency (EPA) from her post as head of EPA’s Midwest Office in Chicago is a case in point. The said EPA official, Mary Gade, had “been locked in a heated dispute with Dow about long-delayed plans to clean up dioxin-saturated soil and sediment that extends 50 miles beyond its Midland, Mich., plant into Saginaw Bay and Lake Huron. The company dumped the highly toxic and persistent chemical into local rivers for most of the last century.” [Kindly see article titled “EPA official ousted while fighting Dow”, ‘Chicago Tribune’ dated 02.05.2008 at: http://www.chicagotribune.com/health/chi-epa-official_02may02,0,6326158,full.story]
13. Moreover, Dow was involved in conducting secret chemical-warfare experiments on human subjects just prior to the use of “Agent Orange” in Vietnam. Reports confirm that: “In 1965 the US Army and the Dow Chemical Company injected dioxin into 70 prisoners (most of them black) at the Holmesburg State Prison in Pennsylvania. The prisoners developed severe lesions which went untreated for seven months.” [See:
http://www.counterpunch.org/1999/06/15/germ-war-the-us-record/. Allen M. Hornblum’s book titled “Acres of Skin: Human Experiments at Holmesburg Prison, A True Story of Abuse and Exploitation in the Name of Medical Science” (New York, 1998) provides a detailed account of this dark side of U.S. history. It draws a disturbing analogy between the Nazi experiments during World War II and those sanctioned by major private corporations like Dow and the U.S. Government.]
14. Therefore, there are several pertinent questions, which have been left unanswered. How could a company, which has no scruples in conducting secret chemical-warfare experiments on human subjects and in resorting to falsehood, bribery and intimidation to promote its business interests, be ever associated with the Olympic movement in total contravention of the laudatory percepts enshrined in the Olympic Charter? How is it that the concerned office-bearers of the IOC and the LOCOG have failed to properly verify the antecedents of Dow before deciding to associate Dow with the Olympic Movement? How come that at least one member of the LOCOG, Meredith Alexander, had the conviction to take a bold and principled stand against associating Dow with the Olympic Movement while other members have
remained indifferent to the entire issue or have chosen to believe the misinformation provided by Dow?
15. The Wikileaks exposé on 27.02.2012 [kindly see: http://wikileaks.org/the-gifiles.html#cmm] has completely ripped the facade of Dow’s specious claim that by acquiring UCC, Dow was neither legally nor morally responsible for the Bhopal disaster. The fact that Dow was compelled to spy on the Bhopal activists is by itself ample proof of Dow’s guilt-complex about its own culpability in the matter because of acquiring UCC. Under the circumstances, this is the appropriate moment for the IOC and the LOCOG to reassess all the facts of the case and rescind the decision to admit Dow as a partner of the Olympic Movement and as one of the sponsors of the Olympic Games. Unless this is done expeditiously, the Olympic Games will turn into an arena for dubious companies to play their political and commercial games and the entire Olympics Movement will fall into disrepute. It is the duty and responsibility of the IOC and the LOCOG to uphold the laudatory principles in the Olympic Charter and to strictly implement the Code of Ethics. BGPMUS and BGPSSS earnestly hope and trust that the IOC and the LOCOG will not be found wanting in executing their duties and responsibilities conscientiously, diligently, courageously, and determinedly by opposing all kinds of discriminations and machinations and upholding the cause of peace.
On the basis of the facts and circumstances of the case, BGPMUS and BGPSSS, hereby, sincerely urge that the IOC should forthwith end Dow’s international sponsorship of the Olympic Movement and LOCOG should cancel the stadium wrap contract and any other high profile contact with Dow.
Abdul Jabbar Khan N.D.Jayaprakash
Convener, Co-Convener,
Bhopal Gas Peedith Bhopal Gas Peedith
Mahila Udyog Sanghathan Sangharsh Sahayog Samiti
(BGPMUS) (BGPSSS)
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
……………….
Tags: 2012 Olympics, bhopal, Bhopal Gas Disaster, bhopal medical appeal, DOW Chemical, International Olympic Committee, Jacquos Rogge
Posted in 2012 Olympics, News | No Comments »
Mar 2 2012 by Jade in Brighton
What started off as a quiet Monday morning for the Bhopal Medical Appeal soon became the day when Wikileaks revealed to the world the activities of Stratfor, a US private intelligence company commissioned by Dow Chemical to monitor actions of activists campaigning for victims of the Bhopal gas disaster.
The Bhopal Medical Appeal (BMA) was amongst other groups including the International Campaign for Justice in Bhopal (ICJB) who were targeted in emails revealing covert monitoring by Stratfor from July 2004 until December 2011.
The documents which were obtained by the Anonymous hacker group included other targets such as ‘the Yes Men,’ who worked with Bhopal activists in a public stunt to highlight the lack of response to remediate the disaster site and provide compensation to the victims.
Around 60 journalists gathered at London’s Frontline Club for the conference where three activists from the BMA shared their insights.
Farah Edwards, who was ten years old at the time of the gas disaster, spoke from a survivors point of view, recalling the horrors she saw on the night of the disaster as she asks “What now Dow, what now?.”
Indra Sinha and Colin Toogood, both of the BMA, highlighted the current situation in Bhopal, stressing the need for justice, environmental and social rehabilitation for the people of Bhopal who continue to suffer.
WikiLeaks founder Julian Assange accused Stratfor of being a corporate version of the Central Intelligence Agency that has shadowed the activities of international activist groups on behalf of clients like The Dow Chemical Company and The Coca Cola Company as well as US government agencies.
WikiLeaks says it has published only a small portion of the 5 million Stratfor emails it has in its possession. 51 of the files were from 2011 alone.
Brent-North MP Barry Gardiner who has consistently supported the BMA in their campaign to remove Dow as an Olympic Sponsor commented “I don’t know how much Dow Chemical paid these companies, but if it wished to hire me instead, I’ll give much fuller information at half the cost and put all the money into Bhopal victims’ funds.”
When hacker group Anonymous were asked whether it is worth risking arrest over the revelation of the documents, they replied: “There is a moral obligation for those who see injustices being committed by individuals who are purely driven by greed. The people of Bhopal had no chance against the sheer amount of money that was to be spent on silencing those who suffered from having justice that was due, or even a voice. Today their voices have been heard across the world and the perpetrators exposed. This is worth risking everything for.”
In light of the public outcry at Dow’s sponsorship of the London 2012 Olympics, activists are wondering if these revelations will be enough for the International Olympic Committee to take their concerns seriously and realise the unsuitability of the sponsorship deal.
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
……………….
Tags: 2012 Olympics, Anonymous, barry gardiner, bhopal, Bhopal Gas Disaster, bhopal medical appeal, Julian Assange, wikileaks
Posted in 2012 Olympics, News | No Comments »
Feb 9 2012 by Jade in Brighton
The Abandoned Union Carbide Factory in Bhopal © JL / BMA
Urgent warnings have been issued by experts in India following revelations that authorities plan to burn toxic waste from Bhopal in Mumbai
Activists, doctors and environmental experts have suggested that the plans, proposed by the Central Pollution Control Board (CPCB), could well lead to a “second disaster.”
Electronic newspaper Mid Day quotes Satinath Sarangi, managing trustee of the Sambhavna Trust Clinic in Bhopal and member of the Bhopal Group for Information and Action (BGIA)’s alarming warning; “the toxic waste lying in Bhopal contains toxic materials such as dioxine, furins, halogenated nitrates, organic chlorinated chains and we are not sure what additional toxic compounds have developed in the past few years. Any exposure to these materials can lead to cancer and genetic disorders. Therefore, transferring the waste without a proper disposal facility and without necessary arrangements could cause another disaster.”
The Union Carbide factory has remained heavily contaminated with poisons for the past 27 years but around 346 tonnes of previously recovered waste remains at different sites awaiting destruction.
The Union Carbide site remains heavily contaminated © JL / BMA
Previous attempts from the Central Pollution Control Board (CPCB) to transfer the toxic waste to other waste disposal facilities in Madhya Pradesh, as well as others in neighbouring states, have been prevented by concerned environmental authorities and local residents who resisted the plans.
Experts aren’t certain that the proposed incinerator in Mumbai is able to deal with the toxic waste and other critics have warned that incinerating the waste is dangerous and irresponsible. A decision is still to be made. The group of ministers (GoM) have so far refused to express their view on the matter.
Further concerns of how the waste itself will be transported have come to light. Critics have proposed several alternative solutions including the possibility of international overseas disposal, where the waste may be better dealt with.
Sarangi suggests that the “CPCB should ask DOW Chemical to bear the expenses, as its subsidiary was responsible for the disaster in Bhopal.”
Environmental Negligence
In other news, it has emerged that levels of toxicity in groundwater and soil in Bhopal were deliberately withheld during the 1989 settlement with the Indian Government. During the settlement, samples collected by Union Carbide Corporation (UCC) were found to contain high levels of toxicity which was not disclosed.
Documentation reveals that UCC were aware of the large-scale environmental contamination of the area both prior to, and after the disaster. Critics argue that UCC deliberately withheld such information to prevent further liability and to minimize damage to their corporate image. Toxicity and contamination remain an ongoing problem in Bhopal to this day and UCC, now a Dow subsidiary, are still wanted on criminal charges.
Dow Chemical, who are opposing any responsibility for environmental remediation, see the 1989 settlement as ‘full and final,’ despite outstanding liabilities being present with the takeover of UCC in 2001. Survivors and activists in Bhopal heavily contest both the settlement which failed to recognise any environmental impacts made by UCC, as well as Dow’s dismissal of responsibility.
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
……………….
Tags: bhopal, Bhopal Gas Disaster, bhopal medical appeal, Bhopal Survivors, DOW Chemical, Indian Government, mumbai, satinath saringi, union carbide, water
Posted in Industrial hazards, News | No Comments »
Feb 2 2012 by Jade in Brighton
The sole objective of the Bhopal Medical Appeal has been, since our beginnings in 1994, to help alleviate the suffering of the tens of thousands of innocent people maimed by exposure to toxins released from Union Carbide’s former pesticides factory.
Money given by our generous and remarkable supporters enabled the opening of the Sambhavna Clinic in 1996. Sambhavna was the first enduring example of rational and appropriate medical care in the city, and has treated some 40,000 people since, garnering numerous awards along the way. Since 2008, together with our donors we have also supported the Chingari Trust, which gives ground breaking support, treatment and rehabilitation to hundreds of women and children affected by Union Carbide’s two disasters in Bhopal.
Beginning in August 2011, The Bhopal Medical Appeal has also been involved with efforts to highlight the profoundly inappropriate nature of Dow Chemical’s sponsorship of the London 2012 Olympic and Paralympic Games.
We do not see a distinction between this activity and our primary focus on medical research, monitoring and long term medical care of Bhopal’s survivors.
Union Carbide Corporation and its owner Dow Chemical are responsible for the dire medical and environmental situation in Bhopal, which their intransigence prolongs and extends. Only Dow and Union Carbide can make proper restitution to the over 570,000 people affected by their business activities. Only by their meeting this responsibility fully can other businesses be properly deterred from profoundly impacting the health and well being of as yet unharmed communities.
Dow Chemical’s Olympic sponsorship legitimises its abnegation of responsibility for the health and wellbeing of Bhopal, thereby perpetuating the denial of basic rights to thousands of suffering people.
We celebrate the Olympics, their ancient sanctity and nobility of spirit. We salute the Games that unite us all in delight at the health, strength, beauty and grace of the young contestants from around the world. All of these things the association with Dow therefore debases and disgraces.
The experience of Bhopal’s survivors teaches us that public health and human rights are not assured, and sometimes must be fought for. The Bhopal Medical Appeal shall continue to speak out until the Dow Chemical Company meets its moral and legal responsibilities to Bhopal.
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
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Tags: 2012 Olympics, bhopal, Bhopal Gas Disaster, bhopal medical appeal, DOW Chemical, Indian Government, International Olympic Committee, locog, london 2012, olympic sponsorship, petition, union carbide
Posted in 2012 Olympics, News | No Comments »
Feb 1 2012 by BMA Web Editor
Anger in India as leaked documents reveal that fugitive Union Carbide continues to trade
Leaked documents and company emails between the management of the Dow Chemical company allegedly reveal that the American corporation is knowingly and willfully engaged in the sale of products produced by it’s wholly owned subsidiary, the Union Carbide Corporation (UCC). Since the 1984 gas-disaster at the Union carbide facility in Bhopal, Madhya Pradesh, UCC management have been wanted on charges of ‘culpable homicide.’ Because of this, the company abandoned their operations in India as they were unable to continue production and trade and were also unwilling to answer their court summons.
This week, The Times of India is reporting that Dow Chemicals has been subverting Indian law and the rulings against their subsidiary Union Carbide by distributing UCC products via separate off-shore companies and also “re-labeling them to subvert the asset attachment orders of Indian courts.”
Union Carbide's toxic waste was left behind in Bhopal, the company is now owned by Dow Chemicals, but no clean-up has ever taken place.
Leaked documents appear to show that Dow has engaged in the sale of UCC products in India and simply labeled them as Dow products. This act of co-operation seems to contradict Dow’s stance that UCC, despite being a subsidiary, is still a separate entity. Critics of Dow have also said it discredits their argument that they can’t be held liable for the continuing Bhopal tragedy because they’re not actively operating with UCC.
The Times reports that Dow Chemical’s has been able to trade UCC products in India and avoided the law by operating via a shady “dummy company” based in Singapore called Mega Visa. The issue has reignited the debate over Dow’s refusal to accept liability in Bhopal despite their continued profiteering from Union Carbide products. Bhopal activists have this week demanded that the corporate veil between the two companies be breached so that the Indian courts can effectively prosecute the American chemical giant.
Leaked Dow emails, published by The Times of India, are embarrassing statements of self-incrimination where officials and managers discuss how they can continue to trade Union Carbide’s products in India despite their status as a corporate outcast and fugitives from the Indian courts.
An email from Graham Fox, Dow Chemical regional General Manager for Middle East & Indian subcontinent to a colleague in India states; “As you will be aware, Union Carbide have not sold directly to India since Bhopal and have used Mega Visa to handle many of their sales of specialty chemicals, some bulk chemicals and wire & cable products. They work across our Dow businesses and have some several million $USD sales revenue as I understand it.”
Another leaked email from a senior official suggests how deeply embedded within Dow the Union Carbide Corporation now is. “Union Carbide Corporation is a wholly owned subsidiary of The Dow Chemical Company. UCC will not be issuing any more press releases, product announcements, price increases, etc. All business activities are done under the umbrella of a Dow business. We face the market as Dow. Reporters will be tempted to keep talking about Union Carbide. But we should discourage reporters from using the words Union Carbide…”
Tim Edwards, of the Bhopal Medical Appeal, said the following on the developing scandal: “These documents show that, from 1987 onwards, UCC concocted an elaborate fraud involving third party agents to deliberately disguise the origin of its goods to port authorities, customs officials and end users in India. The fraud was designed to enable UCC to evade court attachment orders intended to compel its appearance in court to face manslaughter and other serious criminal charges arising from the Bhopal disaster… Dow declares to Indian courts that it has no business, assets or personnel in India, and that UCC is an entirely separate company. These documents also demonstrate a clear integration and unity across a range of Dow affiliates worldwide, including India, and show UCC’s purported separateness from Dow to be a self-serving fraud.”
Bhopal activists are arguing that these leaked correspondences are a clear contradiction of Dow’s previous statements that argue Dow can’t be held liable for Union Carbide’s environmental crimes because UCC are independent. The view within Dow seems to be that all of UCC’s operations now fall under the “umbrella” of the Dow Chemical Company and activists are arguing that outstanding liabilities must be dealt with in the same way.
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Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
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Tags: bhopal, bhopal medical appeal, Corporate Crime, Corporate Veil, Criminal Charges, dow chemicals, india, Law, Mega Visa, union carbide
Posted in Legal, News | No Comments »
Feb 1 2012 by BMA Web Editor
Meredith Alexander talks about her ‘principled stand’ with the BMA
Last week, the London Olympics were wrapped in fresh embarassment and controversy as Mayor Boris Johnson’s ‘ethics Tzar’ resigned live on BBC Newsnight over fears that her ethics and sustainability concerns with regards to sponsors simply weren’t being listened to. In an interview with Jeremy Paxman she announced that her position at the Commission for a Sustainable London 2012 (CSL) was no longer tenable in light of the LOCOG’s continued relationship with and defence of the Dow Chemical Company.
The moment: Meredith Alexander appears live on the BBC's Newsnight with Jeremy Paxman to announce her resignation from the Commission for a Sustainable London 2012
“By coming on air tonight, I’m taking the decision to resign my position and stand up for my principles… I feel that I was part of a body that has been used to legitimize Dow’s involvement in the games.” Dow took over Union Carbide Corporation in 2001, but neither company have addressed the ongoing issue of water and soil contamination in Bhopal that continues to kill thousands and afflict even more with chronic illnesses.
Coverage of the ongoing Bhopal tragedy, and the controversy over Dow and London 2012, went through the roof and Meredith acquired overnight celebrity status in India. Her resignation live on British television resulted in an outpouring of hope, gratitude and optimism from those still living in Union Carbide and Dow’s toxic shadow.
This week, the Bhopal Medical Appeal caught up with Ms. Alexander for a chat…
BMA: What were the main reasons for your resignation from the Commission for a Sustainable London 2012 (CSL) ?
MA: All the evidence I have read has convinced me that Dow Chemicals is responsible for the deaths of more than 20,000 people in the aftermath of the Bhopal gas leak. The assets and liabilities of the company involved at the time – Union Carbide – are in Dow’s hands. Londoners, and other people, who are rightly excited about the London games, should not have this toxic legacy on their conscience.
BMA: At what point did your position became “untenable” and why?
MA: The tipping point for me, was the correspondence between Amnesty International and Lord Coe [Chair of LOCOG]. The latest response from Amnesty, just last week, pointed out how LOCOG have become apologists for Dow, falsely legitimising Dow’s stance that it bears no responsibility to the victims of the disaster and their families. I feel that the Olympic bodies are supporting Dow’s line and have failed to take the victim’s views into consideration.
BMA: Last week, Sebastian Shakespeare published a controversial column in the London Evening Standard with the bold headline “The Olympics should be no place for ethics.” Have you read it, and if so, what did you think?
MA: I have read it. And I actually submitted a letter to the editor yesterday about it. I think most Londoners share my view that ethics and sport can and must go hand in hand. Yet as things stand, the enjoyment of the Games risks being hampered by the toxic legacy of one of the sponsors: Dow Chemicals. When London bid to host the 2012 Games, we made a promise to the world that it would be most sustainable Games ever. [Read Meredith's whole letter to the ES newspaper here.]
BMA: Based on your resignation, can you further tell us why you think that ethics, morality, and sustainability are an important part of the Olympics? Why shouldn’t we just accept that commercial sponsorship is inevitable and ‘get over it.’
MA: I think it’s important to remember that there was absolutely no need for the London 2012 organisers to award anyone the contract for this wrap. It’s a completely optional item that is not essential to the design of the stadium. It will not help a single athlete run faster nor will it help spectators have a better view. Dow’s connection to the Olympics is a slap in the face to the victims of Bhopal, but the fact that this wrap is unnecessary makes this particular deal even more galling for those who have spent decades fighting for justice.
BMA: On a personal level, and an emotional level, what did your resignation mean to you? And, in relation to this, you undoubtedly saw the response from survivors & human rights campaigners, both in the UK and India, what is your response to that; how does it make you feel?
MA: The decision to resign was very difficult because The CSL has made major contributions to making London 2012 more sustainable. I have alot of respect for the people I have been working with for the last two years. I really struggled with the decision to walk away. But in the end, I could not let my name be associated with a statement that falsely support’s Dow’s claim to be a responsible company. Although I decided to resign publically, it was an intensely personal decision.
However I am thrilled that I have been able to achieve so much attention for the victims, survivors and families of those who lost loved ones in this disaster. These people and their demand for justice have been forgotten for far too long. Their fight is hugely inspiring. I have been deeply humbled by the response of people to my resignation. There has been a real outpouring of support here in the UK where most are horrified that Dow’s toxic legacy is now on their conscience as Londoners. But it is the reaction from India that has truly amazed me.
BMA: The Indian Olympic Association has stated that your resignation has ‘vindicated’ their argument calling for Dow to be dropped and they’ve renewed their attempts to achieve this. In light of your resignation, how should LOCOG, the CSL and the IOC respond to the growing global opposition to Dow?
MA: I think both the IOC and LOCOG should review their contracts with Dow. I find it impossible to reconcile Dow’s toxic legacy with the Olympic values of the IOC or LOCOG’s promise to host the most sustainable games ever. It is essential that they listen to representatives of the survivors and the people who lost loved ones in this tragedy. So far they seem to be only hearing the company’s side of the story.
BMA: Thanks for taking the time to talk to us, do you want to add any final thoughts?
MA: This is not a historic disaster, it is ongoing, and attempts to clean up the area have been woefully inadequate. I want to see Dow publically admit responsibility for the Bhopal tragedy, to clean up the contaminated site, and to compensate victims. I think the responsible thing to do would be for Dow to withdraw from the wrap contract. Otherwise London 2012 is undermining its aim to be the most sustainable Games ever and showing contempt for the victims in Bhopal.
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Meredith Alexander was interviewed by Jack Laurenson & Colin Toogood for The Bhopal Medical Appeal a week after she resigned from her position as a Commissioner for a Sustainable London 2012.
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
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Tags: amnesty international, BBC, bhopal, bhopal medical appeal, commission for a sustainable london 2012, CSL, DOW Chemical, International Olympic Committee, IOC, jeremy paxman, locog, london 2012, meredith alexander, newsnight, Olympics, resignation, union carbide
Posted in 2012 Olympics, News | 1 Comment »
Jan 27 2012 by BMA Web Editor
Meredith Alexander becomes Bhopal’s latest heroine
Meredith Alexander, former Sustainability Commissioner and Ethics Adviser to Lord Coe and Mayor Boris Johnson, has acquired overnight celebrity status in Bhopal, India. Her resignation live on British television has resulted in an outpouring of hope, gratitude and optimism over the ongoing controversy of Dow Chemical’s sponsorship of the London 2012 Olympics.
Meredith Alexander quit the Commission for a Sustainable London 2012 live on the BBC’s Newsnight this Wednesday, saying she did not want to be part of a body that “became an apologist” for Dow Chemicals. She also stated that her resignation was based on her “standing up for her principles” and that she hoped it could bring some attention to the continuing plight of victims in Bhopal.
In India, campaigners and survivors of the Bhopal disaster clearly approve and have thanked Meredith by placing flower bouquets in front of a portrait of her, an act often reserved for goddesses, heroines and saints. Rashida Bee, campaigner and co-founder of the Chingari Trust, said that “by speaking the truth so boldly Meredith has nailed Dow Chemical’s lies and we hope this will make LOCOG dump Dow as a sponsor of the London Games.”
Rachna Dhingra of the Bhopal Group for Information and Action expressed hope that Ms. Alexander’s resignation will prompt the Indian government to strengthen its position on Dow Chemical’s sponsorship of London 2012. “To be taken seriously by the London Olympic Committee, the Indian Government has to do more than send a protest note. It is time for LOCOG to be told that India will not take part in the London Olympics if it continues to be sponsored by a corporation responsible for continued death and suffering in Bhopal.”
Rashida Bee, Bhopal campaigner and c0-founder of the Chingari Trust lays flower bouquets before a portrait of Meredith Alexander as a sign of respect and solidarity
Meredith’s resignation has seen widespread support from environmentalists, human rights campaigners and politicians who are opposed to Dow’s Olympic involvement. Barry Gardiner, Labour MP and chairman of the Labour Friends of India Organisation, has actively campaigned with supporters of Bhopal to have Dow dropped as an Olympic sponsor. On the subject of Ms Alexander’s resignation he said that “Meredith has had the courage to stand up and say what everybody should have known all along; that Dow Chemicals were not a suitable partner for a Games that has prided itself on being the most sustainable ever.”
Kate Allen, director of Amnesty International UK, has also supported Ms. Alexander’s resignation stating that; “Meredith Alexander has made a brave and principled stand. She obviously shares our outrage at this association and it is a shame that her concerns, like ours, have fallen on deaf ears.”
The Bhopal Medical Appeal has also supported attempts to have Lord Coe and LOCOG reconsider or justify Dow as a sponsor for London 2012. So far, Olympic officials have largely failed to engage with the concerns of Bhopal survivors and campaigners. The BMA said the following regarding Ms. Alexander and the ongoing ‘Dow Row’.
“Dow have been consistently misrepresenting the facts concerning their Bhopal liabilities, both to the media and to UK politicians. It’s an enormous credit to Ms. Alexander that she should be the first of any Olympic official to take a principled stand. We hope her actions will inspire others to now stand up for the truth. We cannot understand how a company with Dow’s track record can be seen as a suitably sustainable partner for the London Olympics. Let’s not forget that, besides the Bhopal Disaster, Dow have connections to Napalm, Agent Orange and even the current silicone breast implant scandal. It’s time to stand up and be counted.”
Bhopalis protest over the detention of fellow campaigners following a demonstration in Bhopal that called for more Indian government action regarding their fight for justice
Please support The Bhopal Medical Appeal by staying in touch with us on Facebook or Twitter. You can also join us on YouTube and Flickr and if you want to support the work of our clinics you can visit our Donate page. Thanks!
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Tags: 2012 Olympics, agent orange, amnesty international, barry gardiner, bhopal, Bhopal Gas Disaster, bhopal medical appeal, boris johnson, DOW Chemical, dow chemicals, india, london 2012, lord coe, meredith alexander, pesticide action network, sponsorship, union carbide
Posted in 2012 Olympics, News | No Comments »
