PERU: 'PEOPLE'S SUMMIT' PUTS EUROPEAN CORPORATIONS ON TRIAL
LIMA, Peru, May 14, 2008, 2008 (IPS/GIN via COMTEX) --
Twenty European corporations are being tried for human rights violations before an ethical tribunal at the People's Summit, which was organized for the third time by a bi-regional network in Lima.
The organizers -- who are part of the "Enlazando Alternativas" (Linking Alternatives) group -- announced that they hope to take some of these cases to ordinary courts of justice in Peru.
"The existence of this tribunal is a reaffirmation of human rights, and what we are trying to do here is emphasize that economic growth in many countries is often tied to rights violations," said Italian Dr. Gianni Tognoni, the secretary-general of the People's Tribunal.
The verdicts of the Permanent People's Tribunal, which was created in Italy in 1979, are not legally binding but carry moral weight. The tribunal's current sessions commenced on Tuesday afternoon, in parallel with preliminary meetings for the Fifth Latin America and the Caribbean-European Union Summit, to be held May 16 and 17 in the Peruvian capital.
The members of the tribunal announced that they would put 20 transnational mining, oil, energy and banking corporations operating in Latin America on trial for trampling on the rights of local people, in the absence of proper government oversight.
This is the second time that European companies are being judged by the tribunal, which is holding its 36th session after nearly 30 years of existence, Tognoni said.
The companies in the dock are based in 10 different European countries and operate in Peru, Argentina, Bolivia, Ecuador, Brazil, Uruguay, Nicaragua, Guatemala, Chile and Colombia.
Only one of the corporations is based in Latin America: the Brazilian Vale do Rio Doce mining company.
The case of Ireland, as a country affected by the Anglo-Dutch Shell oil company, will also be studied.
The unique aspect of these trials is that it is hoped that lawsuits against companies that have violated rights in Peru will be filed with the Peruvian justice system, said indigenous leader Miguel Palacin, the coordinator of the organizing committee of the People's Summit.
"If the members of the tribunal find that the rights of local communities have been violated, we will take the cases to ordinary courts -- at least in Peru," Palacin said.
Peru has presented three cases to the tribunal, involving the mining company Monterrico Metals, which operates in Rio Blanco in northern Peru; agribusiness corporation Camposol, a subsidiary of the Norwegian Dyer Coriat Holding company, accused of sacking workers who were trying to create a trade union; and the German chemical and pharmaceutical company Bayer.
The opening session of the People's Tribunal was devoted to hearing evidence from victims and complainants.
Cases were heard Tuesday against Monterrico Metals; the Spanish oil company Repsol-YPF for its activities in Argentina, Bolivia and Ecuador; and Shell in relation to oil extraction in Brazil and Argentina.
The last case of the day was that of the Finnish company Botnia, which has a pulp mill and forestry activities in Uruguay, and which was accused of implementing a production model based on extensive monoculture. The mill is having a serious social, cultural and environmental effect on the country, according to the plaintiffs.
The first person to testify on behalf of those affected by the Rio Blanco copper mining project in northern Peru was the president of the Campesino Communities of Ayabaca, Magdiel Carricn.
"We have come to denounce the invasion of our communal lands by the Monterrico Metals Company, and the constant abuse of our basic rights to live in a healthy environment, free of repression," Carricn said.
Carricn is one of the indigenous and campesino leaders who have been accused of "terrorism" for their opposition to mining activities. The legal charges were brought against 35 local leaders and environmental activists, based merely on photocopies of news articles, by an association that supports Monterrico and its major shareholder, China's Zijin consortium.
Local villagers and campesinos in the highland region where the company is operating are afraid that the mining operations will damage water sources and biodiversity in the area. They also complain that the company lacks authorization from community assemblies, which must approve its plans with a two-thirds majority, according to the Law on Promotion of Private Investment.
Two protesters have been killed and several injured in protest demonstrations, and over 200 campesinos who participated in the protests face criminal prosecution, according to the Ecumenical Foundation for Development and Peace.
During the exploration phase, the company dumped acid effluents containing heavy metals and other pollutants in pits without the required lining, endangering water sources, according to the government's Energy and Mining Investment Supervisory Body.
Sebastin Valdomir of the nongovernmental Social Ecology Network-Friends of the Earth group in Uruguay, spoke on behalf of organizations backing those affected by Botnia's activities, who number more than 2,000 people, he said.
"Transnational paper pulp companies like Botnia, Stora Enso and Spain's ENCE are responsible for violations of environmental and water rights, because of their irrational consumption of natural resources that rightfully belong to local people engaged in family farming," Valdomir said.
Tognoni highlighted the probity of the 80 expert members of the tribunal, who include lawyers, sociologists, economists and other professionals who identify with the defense of human rights. At the Lima sessions, 12 members are sitting on the panel.
The tribunal will announce its verdicts on Friday, at the close of the People's Summit.
Another six major themes will be discussed at the alternative summit: new constitutionalism and the privatization of justice; the privatization of public services; infrastructure; the fall in stable employment and the rise in exploitative working conditions; the financial system and economic crimes; the criminalization of social protest; and the use of force.
Other companies on trial are the BBVA, HSBC and Santander banks, Spanish energy company Unicn Fenosa, and telecommunication companies Telecom Italia and Telefcnica of Spain.
The organizers of the People's Summit stressed the moral importance of the tribunal's verdicts. "The decisions of this court will be a call to states to respect the fundamental rights of the most vulnerable populations," Palacin said.
The alternative forum, which is critical of "neoliberal" free market economics, is being attended by 30 Peruvian institutions and another 50 from abroad, including social movements, nongovernmental organizations, trade unions and political parties.
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