THE PERMANENT PEOPLE’S TRIBUNAL SESSION ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS December 3-6, 2011 BANGALORE, INdiA PAN International THE PERMANENT PEOPLE’S TRIBUNAL SESSION ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS: INDICTMenT AND VERDICT December 3-6, 2011 BANGALORE, INdiA PAN International Copyright © Pesticide Action Network Asia and the Pacific, 2015. All rights reserved. Pesticide Action Network Asia and the Pacific (PAN AP) holds the right to this publication. The publication may be cited in part as long as PAN AP is properly acknowledged as the source and PAN AP is furnished with copies of the final work where the quotation or citation appears. Comments and inquiries may be forwarded to: Pesticide Action Network (PAN) Asia and the Pacific P.O. Box 1170, Penang, 10850 Malaysia Tel: +604-657 0271 / 656 0381 Fax: +604-6583960 Email: [email protected] Web: http://www.panap.net PAN INTERNATIONAL 2016. THE PERMANENT PEOPLE’S TRIBUNAL SESSION ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS: INDICTMENT AND VERDICT. Design & Layout: Public Media Agency www.publicmediaagency.org Published by PAN Asia and the Pacific on behalf of ANP International Cover Photo: royalty free stock image THE PERMANENT PEOPLE’S TRIBUNAL SESSION ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS INDICTMENT AND VERDICT TEAM OF WRITERS OF THE INDICTMENT: Sarojeni V. Rengam, Chela Vazquez, Clare Westwood, Erwin Navarro, Bella Whittle, Chandrika Devi Subramaniam, Shakunthala Devi Shunmugam, Sivagurupatham Vadivelu, Katherine Gilje, Devika Ghai, Paige Tomaselli and Jobert Pahilga. Editors: Barbara Dinham and Dr Meriel Watts Team of Lawyers: • Puravalen M Raman (Prosecutor) • Paige Tomaselli • Jobert Pahilga Thanks to the following people whose contribution made this event possible through their tremendous support and the countless days of brainstorming and developing the indictment including the framework and to ensure PAN’s strong case against the Agrochemicals TNCs: • Dr Irene Fernendez, Director, Tenaganita whose contributions remain immeasurable and she gave of her time, ideas, intellectual support and experiences. • Puravalen M. Raman provided so much of his intellectual and knowledgeable support to build a strong case against these agrochemical TNCs • Dr Romy Quijano, Director, PAN Philippines whose technical support added to a very strong indictment We would also like to thank Gilbert Sape and Maita Arreola for help to coordinate the project and Shafi Suhaimi who was part of the team. We are grateful to Brot für die Welt - Evangelischer Entwicklungsdienst and PAN North America for their financial support which made this event possible. 5 ConTenTS THE INDICTMENT 1 THE PARTIES 11 2 INTRODUCTION: ESTABLISHING CONCERNS 13 2.1 TRANSNATIONAL CORPORATION (TNC) DOMINATION 13 AND AGGRESSION 2.2 CORPORATE CONTROL OVER FOOD AND AGRICULTURE 17 2.3 CORPORATE CONTROL OF GENETIC RESOURCES 23 2.4 CORPORATE GLOBALISATION AND THE WTO 29 2.5 THE CORPORATE PUBLIC RELATIONS SPIN 31 2.6 TIME FOR JUSTICE AND ACCOUNTABILITY 32 3 GENERAL ALLEGATIONS OF THE ACTS OR OMISSIONS OF THE 34 RESPONDENTS WHICH CONSTITUTE THE OFFENCES CHARGED 3.1 AGROCHEMICAL TNCS AND HUMAN RIGHTS VIOLATIONS 34 3.1.1 Violations of the Rights to Life, Health, Safe Working Conditions 35 and a Healthy Environment 3.1.2 Violations of Economic, Social and Cultural Rights 44 3.1.3 Violations of Civil and Political Rights 47 3.1.4 Violations of the Rights of Women and Children 52 3.2 GOVERNMENT RESPONSIBILITIES 55 3.2.1 The Government of the United States of America 55 3.2.2 The Government of the Swiss Confederation 56 3.2.3 The Government of the Federal Republic of Germany 57 3.3 INTERNATIONAL MONETARY FUND AND WORLD BANK 57 3.4 WORLD TRADE ORGANIZATION 59 5 3.5 COLLUSION AND EVASION OF CORPORATE ACCOUNTABILITY 59 3.5.1 The Current State of Law: Safe Havens for TNCs and No Redress 60 for Victims 3.5.2 Collusion: Cosy Relations and Revolving Doors 62 3.5.3 Agrochemical and Biotech Companies Shape International 65 Accords 3.5.4 Cases Demonstrating Collusion and Evasion of Corporate 65 Accountability 3.6 LIABILITY THROUGH COMPLICITY 72 3.7 NEED FOR EFFECTIVE LEGAL REDRESS 73 4 SPECIFIC CASES OF THE WRONGFUL ACTS OR OMISSIONS BY 74 THE DEFENDANTS 4.1 SYNGENTA INTERNATIONAL AG 74 4.1.1 The Paraquat Cases 74 4.1.2 Atrazine Contamination in the US Midwest 80 4.1.3 Violence and Killing in Brazil 83 4.1.4 Other Cases Against Syngenta 86 4.2 MONSANTO COMPANY 86 4.2.1 Monsanto’s Bt Crops 87 4.2.2 Monsanto’s Seed Monopoly in the US 98 4.2.3 Monsanto’s Bribery of Government Officials in Indonesia 102 4.2.4 The Case of Silvino Talavera in Paraguay 103 4.2.5 Other Cases Against Monsanto 104 4.3 BAYER CROPSCIENCE AG 104 4.3.1 Endosulfan and Related Poisonings 104 4.3.2 Bee Colony Collapse Following Exposure to Imidacloprid 113 4.3.3 LibertyLink Rice 601 in the US 116 4.3.4 Poisoning of 50 Children in Tauccamarca, Peru with 120 Methyl Parathion 4.3.5 Other Cases Against Bayer 122 4.4. DOW CHEMICAL COMPANY 122 4.4.1 Dow – Involvement in Bribery in India 123 4.4.2 Other Cases Against Dow 124 6 7 4.5 DUPONT 125 4.5.1 Water Contamination by Herbicides in Costa Rica 125 4.5.2 Other Cases Against DuPont 127 4.6 BASF 127 4.6.1 BASF – Clearfield Stranglehold 127 4.6.2 BASF and Genetically Engineered Potatoes 130 4.6.3 Other Cases Against BASF 132 4.7 CASES WITH MULTIPLE OFFENDERS 132 4.7.1 Pollution and Endangerment of Arctic Tribal Nations and 132 their Environment 4.7.2 Lake Apopka, Florida 136 4.7.3 Organophosphate Insecticides: Adverse Impacts on 140 Human Health 4.7.4 Aerial Spraying: Chemical Trespass 146 4.7.5 Toxic Dumps of Obsolete Pesticides 153 4.7.6 Cancer in the Punjab 156 4.7.7 GMOs Promoted Through Food Aid to Africa 161 4.7.8 Fipronil: Unsafe Impacts of a ‘Modern’ Insecticide 164 4.7.9 Suppression, Manipulation and Distortion of Science: 167 Harrassment of Scientists and Human Rights Defenders 4.7.10 Children’s Rights – Cottonseed Production in India 176 5 LAWS VIOLATED 180 5.1 THE RIGHTS TO HEALTH AND LIFE 180 5.2 ECONOMIC, SOCIAL AND CULTURAL RIGHTS 184 5.3 CIVIL AND POLITICAL RIGHTS 186 5.4 RIGHTS OF WOMEN AND CHILDREN 187 5.5 NORMS ON THE RESPONSIBILITIES OF TNCS WITH REGARD TO 189 HUMAN RIGHTS 5.6 THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES 190 6 THE VERDICT 194 6.1 THE FACTS – CNALYSIS BY JURISTS 194 6.1.1 Violation of the Right to Health and Life 195 6.1.2 Violation of the Right to Livelihood, Right to Food and Food 196 Sovereignty, Including Food Production 6 7 6.1.3 Violation of the Right to a Safe and Healthy Environment 197 6.1.4 Violation of the Rights of Indigenous Peoples 197 6.1.5 Violation of the Rights of Children and Women 198 6.1.6 Violation of Civil and Political Rights, the Right to 198 Self-determination of Peoples, the Right to Participation and Information and the Rights of Human Rights Defenders 6.2 QUALIFICATION OF THE FACTS 199 6.2.1 General Framework 199 6.2.2 The Social Costs of Agrochemicals 202 6.2.3 The Impact of the Exposure to Pesticides on the Health and Life of 205 Individuals and Populations 6.3 GLOBAL JUSTICE. HUMAN RIGHTS AND JUSTICE FROM THE 207 PERSPECTIVE OF VIOLATED HUMANS 6.3.1 Prefatory Remarks 207 6.3.2 TNCs and Human Rights 207 6.3.3 Development of the Right to Development 208 6.3.4 Approaches to Global Justice 210 6.4 FINDINGS 211 6.5 RECOMMENDATIONS 214 APPENDIX 1. PROGRAMME OF PRESENTATIONS AND WITNESS 216 SUBMISSIONS APPENDIX 2. THE JURISTS 218 APPENDIX 3. PROSECUTOR’S OPENING STATEMENT TO THE PPT 219 APPENDIX 4. PEOPLE’S SUBMISSION 229 APPENDIX 5. WITNESS STATEMENTS 234 APPENDIX 6. FORTY WRITTEN SUBMISSIONS FOR THE CASE AGAINST 280 AGROCHEMICAL TNCS ACRONYMS 285 8 9 THE PERMANENT PEOPLE’S TRIBUNAL ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS INDICTMENT Victims of Human Rights Violations by Agrochemical Transnational Corporations (TNCS) at the suit of Pesticide Action Network International (PAN International) PLAINTIFFS versus 1. Syngenta International AG 2. Monsanto Company 3. Bayer CropScience AG 4. BASF Group 5. Dow Chemical Company 6. DuPont 7. The Government of the United States of America (USA) 8. The Government of the Swiss Confederation (Switzerland) 9. The Government of the Federal Republic of Germany (Germany) 10. The World Trade Organization (WTO) 11. The International Monetary Fund (IMF) 12. The World Bank (WB) DEFENDANTS SESSION ON AGROCHEMICAL TRANSNATIONAL CORPORATIONS For: 1. Gross, widespread and systematic violations of the right to health and life 2. Gross, widespread and systematic violations of economic, social and cultural rights 3. Gross, widespread and systematic violations of civil and political rights 4. Gross, widespread and systematic violations of women’s and children’s rights 8 9 10 11 1 THE PARTIES This Indictment is brought by the survivors and victims of human rights violations: rural communities, peasants, agricultural workers, indigenous people, fisherfolk, migrant workers, small-scale farmers, women, men, girls, boys, youth, activists, scientists, consumers and the future generations who as individuals and/or as a group of people or community are physically, mentally, spiritually, emotionally, economically, socially and politically harmed by the said gross violations of their human rights perpetrated directly or through being complicit by one or more of the Defendants jointly and/or severally. These victims and survivors are without effective recourse to legal avenues for justice, due compensation and remediation. The Indictment is brought through Pesticide Action Network International (PAN), which is a global network of more than 600 organisations in over 90 countries, that has been working for nearly three decades to protect the people’s right to health, a safe environment and livelihood by eliminating the use of highly hazardous pesticides and promoting resilient, regenerative agriculture and food sovereignty with a vision for a society that is truly democratic, equal, just, culturally diverse, and based on food sovereignty, gender justice and environmental sustainability.