Inkwell: Authors and Artists
Topic 52: Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #301 of 367: David Chaplin-Loebell (dloebell) Tue 9 Nov 99 10:00
permalink #301 of 367: David Chaplin-Loebell (dloebell) Tue 9 Nov 99 10:00
Pam informs me that her snapper did not in fact have a cream sauce. My apologies for the error.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #302 of 367: Indra Sinha (indra) Wed 10 Nov 99 04:08
permalink #302 of 367: Indra Sinha (indra) Wed 10 Nov 99 04:08
David, Pam, great that you enjoyed the meal and hope the book continues toothsome. I had asked Girasole (I think it was the manager, also called David) to fax me a copy of their menu. He promised to, but hasn't. But your description makes me want to hop on a plane and go there myself.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #303 of 367: David Chaplin-Loebell (dloebell) Wed 10 Nov 99 05:48
permalink #303 of 367: David Chaplin-Loebell (dloebell) Wed 10 Nov 99 05:48
If you do, give me a call, and I'll buy *you* dinner.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #304 of 367: Libbi Lepow (paris) Wed 10 Nov 99 07:26
permalink #304 of 367: Libbi Lepow (paris) Wed 10 Nov 99 07:26
Well, your book was delivered yesterday, Indra, and I'm looking forward to reading it.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #305 of 367: (jeffk) O o . o O (jeffk) Tue 16 Nov 99 22:01
permalink #305 of 367: (jeffk) O o . o O (jeffk) Tue 16 Nov 99 22:01
I just finished it about an hour ago. A very good read, but I can't help but wish that it had been just a little longer. I'm pondering joining Amnesty International, too.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #306 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 06:13
permalink #306 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 06:13
Report from Manhattan At the Suggestion of <Indra> Another example of people from the etheric land of computer communication meeting through meat interface: Indra suggested I write to Sathyu after the interview was over. And I was confirmed in my intention to become more educated about the history of the Bhopal chemical explosion and the legal, social, and medical aftermath. But with a very short notice Indra told me that Sathyu would be in Manhattan. From what I heard from S., when he came here, he had been on very short notice himself. 4 days. We exchanged e-mails and were able to connect by telephone last Sunday morning. He wasn't arriving 'till Monday and leaving the same day. So I took the train down to Manhattan, since I usually am upstate on a Monday. (Visitation with my son). I had a short errand to do then went to 100 Park Ave where there was suppose to be a Press conference. The building is right up a short hill from Grand Central Terminus. South of it. Only the first or second building south on Park. I arrived there 40 minutes early and realized I needed to get a gift. Chocolates were definitely out. A food gift is too perishible. I walked down to the Grand Central looking for a newstand since I hate waiting anywhere with nothing to read and realized I was early. And on the way realized Grand Central likely had gift shops. Walked down the broad marble rampway. Saw a cake store on the right. No. Saw a book store. Big gift book of photos of New York. Heavy, not good for travel. Beside, it's too self -centered. All about NY. Wandered around the Discovery gift shop and finally decided on a mechnically powered radio. Perfect for Y2K. No batteries. The radio demonstrates the potential of technology to bypass the need, to some extent, of creating toxic chemicals. (MY initial connection to the Green/bio-regional/ecological consciousness movement was through campaigns related to toxic waste issues in NY State) Everything else in that gift shop looked like gew-gaws and throw away trinkets/ garbage. So I was lucky and found a cute blue well made radio with a crank.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #307 of 367: Erik Van Thienen (levant) Wed 17 Nov 99 08:11
permalink #307 of 367: Erik Van Thienen (levant) Wed 17 Nov 99 08:11
If this a BayGen Freeplay windup radio, than this a very appropriate gift. They are made in South Africa by handicapped people for devellopping countries where batteries are too expensive. The more they sell in devellopped countries, the more they can lower the price for Third World countries. <http://windupradio.com/windup.htm>
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #308 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 11:05
permalink #308 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 11:05
Yes, well that was it <Levant>. Guess that there are not too many companies making them. On the web page it is the little blue one in front. The inventor is now working on a windup for laptops. http://windupradio.com/newdev.htm
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #309 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:38
permalink #309 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:38
Hi Marguerite, Sathyu is currently here with me in England. Loves the radio, and has been demonstrating it to everyone who comes to the house. We've had a terrific time. He goes tomorrow morning. Was supposed to have gone this morning, but we got stuck in traffic on the motorway and missed the plane. The big news is that on Monday 16th the survivors' organisations filed a new lawsuit against Union Carbide. I'll put the Reuters story in the following response.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #310 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:42
permalink #310 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:42
BHOPAL VICTIMS SUE CARBIDE OVER 1984 DISASTER Gail Appleson, Law Correspondent 11/16/99 NEW YORK (Reuters) - Fifteen years after thousands were killed in a poison gas leak at a Union Carbide Corp. pesticide plant in Bhopal, India, survivors and relatives of victims sued the company on Monday for ``depraved indifference to human life.'' The suit, filed in Manhattan federal court, also names former chairman Warren Anderson as a defendant. The case seeks unspecified damages and wants the federal court to take back control of litigation that was first filed here against Union Carbide by the Indian government but was moved to India in 1986 for jurisdictional reasons. Although the Indian government's civil case against Carbide was settled in 1989 for $470 million, criminal matters against the defendants are still pending in India. Kenneth McCallion, plaintiffs lawyer for the victims and family members, said a key issue in the suit filed on Monday is the 1986 ruling that granted Union Carbide's request to have the government's case tried in India. However, to have the case moved to India, where damage awards are much lower, Union Carbide had to agree to submit to the jurisdiction of Indian courts. The suit alleges that Union Carbide and Anderson have violated that ruling by failing to appear in Indian court on criminal matters over the past seven years. The suit alleges that they violated international law and fundamental human rights for their ``depraved indifference to human life'' in the design and operation of the Indian plant. The suit also seeks to have the defendants held liable for civil contempt and fraud for failing to comply with orders from courts both in India and the United States. Carbide said in a statement that it had not reviewed the suit but ``all personal injury and related claims ... were settled in 1989 when Union Carbide and Union Carbide India Ltd. agreed to and paid $470 million to the government of India on behalf of all the victims.'' The litigation stems from the December 2, 1984, disaster that occurred at Union Carbide of India's pesticide plant when a tank leaked five tons of poisonous methyl isocyanate gas into the air. Authorities said at the time it was the worst industrial accident in history, killing more than 3,000 people and permanently injuring tens of thousands. Victims groups now put the fatality toll as high as 6,000. Although the Indian government accepted the $470 million payment from Carbide, victims groups challenged the settlement as too low. There was also a dispute over claims by Union Carbide that the terms of the settlement protected it from criminal proceedings. In 1991, the Supreme Court of India affirmed the settlement figure but ruled that the accord did not stop any criminal case against Carbide. Criminal proceedings against Carbide and Anderson have been pending since 1992 in India, McCallion said, but the lawsuit filed on Monday alleges that Carbide has failed to appear in court to respond to the charges. The suit alleged that Carbide had been served with summons through the U.S. Justice Department and Interpol and a notification for the company to appear for trial was even published in the Washington Post. A Bhopal court ruled that the company and Anderson were ''proclaimed absconders,'' or fugitives under Indian law, and ordered forfeiture of their property, the suit said. ENDS
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #311 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:53
permalink #311 of 367: Indra Sinha (indra) Wed 17 Nov 99 15:53
As I write this Sathyu is in the other room giving an interview by phone to the Australian Broadcasting Commission. I can hear him arguing back and forth with the interviewer in Canberra. If any journalist reading this would like an interview, please contact Sathyu directly by emailing <sambavna@bom6.vsnl.net.in>. He'll be back in Bhopal by Friday morning US time.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #312 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 17:42
permalink #312 of 367: Blue Radio with a Crank (vasudha) Wed 17 Nov 99 17:42
Don't mean to gloat Not necessarily related since the stock seem to rise on the filing on the lawsuit. but today: Hartford, Connecticut, Nov. 17 (Bloomberg) -- Connecticut stocks fell, led by Union Carbide Corp. and TranSwitch Corp. and Danbury-based Union Carbide, the world's biggest maker of chemicals used to make antifreeze and some plastics, fell 2 3/16 to 61 9/16.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #313 of 367: Big news was Good news (vasudha) Wed 17 Nov 99 18:13
permalink #313 of 367: Big news was Good news (vasudha) Wed 17 Nov 99 18:13
I didn't finish the story and Indra made the scoop. Yes, that is why Sathyu was visiting Manhattan. It was the historic occasion of the filing of a new complaint against Union Carbide for their "unlawful, reckless and depraved indifference to human life..." From what I was able to understand and gather both from speaking to Sathyu and reading his paper on the subject: http://www.corpwatch.org/trac/feature/india/profiles/bhopal/original.html The Union Carbide corporation was originally granted it's request to change the venue of the trial to India under the condition that it submit to the courts and the law there. This it has failed to do for seven years. I felt this was a very positive and guardedly happy occasion, because I believe in the pursuit of justice and I believe that those who harm others without compunction should be sought out, faced up to and accused. Whatever is the final outcome of the case, the moment was an occasion of rejoicing, in my opinion. That's a lesson really I picked up from the Bhagavad Gita. Krsna tells Arjuna, originally a doubtful and apathetic warrior. "Arjuna, fight, whether you win or lose you must do your duty. You must stand up for what is rightfully yours. You mustn't recoil from the fight." [paraphrase] But of course it's nice to win too. And I believe and hope they will.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #314 of 367: Big news was Good news (vasudha) Wed 17 Nov 99 18:25
permalink #314 of 367: Big news was Good news (vasudha) Wed 17 Nov 99 18:25
So I felt very honored to meet Sathyu on this day. November 15, 1999. I had been feeling affected by reading the stories of the pain and the harm done. In fact so upset by it that I was feeling sickened in a way and sort of haunted. Unsettled. Ill at ease. I read an article in the New Yorker about a man who made a lawsuit against the govenrment of Argentina for the disappearance of his family. He finally won after the case had been pending for twelve years. The horror of what happened to this man and his family dove-tailed in my mind with the stories from Bhopal. And too there was a serious release of toxins from a chemical plant next to my son's school on the 23 of October. The kids had to be sealed into the school and over 150 were sickened. All these things seemed to come together last week for me. (I started to research the case of what had happened at my son's school. And he has had an unusual number of sick days since starting the school). I was feeling restless just reading about these things and dealing with the relatively minor incident (no one outright died of it) at my son's school. So I really marveled at the poise of Sathyu.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #315 of 367: Sathyu Sarangi (sathyu-bhai) Thu 18 Nov 99 07:39
permalink #315 of 367: Sathyu Sarangi (sathyu-bhai) Thu 18 Nov 99 07:39
the court case is great news. the best. the following email came for me from Bhopal to Indra's place. it is from Yogesh, who is managing the Clinic in my absence. he's really enjoying himself and it made us laugh so Indra suggested I share it. it opens a window into our world. From: yogesh To: sathyu Subject: Clinic General Date: Wed, 17 Nov 1999 23:42:01 +0500 Dear Sir, Everything is fine over here and hope same for you. Few things at a glance:- (1) Most frustrating is that since 10'th Sep. there is 4 hour daily (9am to 1pm) power cut down in Bhopal which is why work is suffering a lot. (Seminar is also going to be affected by it overhead, slide, video projector are all available there). (2) Mirza has gone injured badly in accident, not coming since 4/5 days and will have to take rest for one week. Because of his accident and power shutdown work of computer and pathology is getting affected worst. (3) There is strange increase in follow up visits and new registrations since few days. (4) German journalists - Done (5) News regarding ATCA case is in almost all the papers at front page. (6) Kamla, Sharma, your badi bhabhi called for you from Pune (general). (7) Sally, Tom, Amy all are well and enjoying. (8) Ask BG to come in seminar. (9) Arvind couln't open the file and gone currupt, sending it again. (10) Fax machine will be get repaired in 10 days. System A Couldn't get repaired yet because of over work here. (11) We are in touch with Tim and bicycle, he has reached Pakistan. next he is going to cycle from Lahore to Delhi. (12) We have called the travel agent accordingly, he will call us back tommarow. I will write to you back as soon as it gets clear. (13) I am feeling it difficult to manage dost bhai, Vidyarthiji, E mail, press, visiters, guests, staff, opds, data etc and my own work all at a time. Learning a lot and realising challanges of your work as managing trustee. Currently spirit in our clinic is very good, things are going well over here (slightly different according to plan), in many urgent priorities. finishing work is to be done by you. I am quite exhausted. It is realy hard to handle with Dost. I don't know what kind of man is he? How do you manage him? He is totally autocratic and thankless. I have strictly warned him on phone as any kind of bossing is unbearable to me, although i have cooperated much with him last 4-5 days but today i couldn't stop my outbreak of anger, sometime he simply uses us for its own sake. Anyway i think he has realised his mistake in his own filmy style, disgusting.... Rest all is well. Regards Yogi
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #316 of 367: Erik Van Thienen (levant) Thu 18 Nov 99 08:21
permalink #316 of 367: Erik Van Thienen (levant) Thu 18 Nov 99 08:21
LOL!
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #317 of 367: carol adair (rubicon) Thu 18 Nov 99 08:40
permalink #317 of 367: carol adair (rubicon) Thu 18 Nov 99 08:40
Laughing here too. But that poor man. What a tangle!
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #318 of 367: Sathyu Sarangi (sathyu-bhai) Tue 23 Nov 99 18:15
permalink #318 of 367: Sathyu Sarangi (sathyu-bhai) Tue 23 Nov 99 18:15
thanks vasudha for continuing with the story.within two hours of filing the suit at the federal court in the southern district of nyc bud holman, union carbide's chief counsel (and legal strategist) called up our lawyers requesting a copy of the complaint.and now we have their public relations director tom sprick claiming there are no criminal charges pending against them in indian courts.[fact is that they have charges of homicide, grievous assault, poisonng and killing of animals and other charges pending, and they (and their former CEO, warren anderson)are absconding since april 1992!] the filing of the suit has got very good newscoverage in the indian papers.we should have some news about carbide's legal response within a month. vasudha, i hope you have been able to do something about that leaking factory next to your sons school.your present [self powered radio] is the top curiosity item for the kids who come to the clinic.
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #319 of 367: Indra Sinha (indra) Wed 24 Nov 99 00:44
permalink #319 of 367: Indra Sinha (indra) Wed 24 Nov 99 00:44
Our old friend Lord Archer has got himself in a terrible tangle here - it appears that he had planned to perjure himself in a libel case which he brought some years ago against a newspaper, the Daily Star, which accused him of consorting with a prostitute, and mentioned a certain date. Jeffrey got a friend, BBC TV producer Ted Francis, to write a letter saying that they had had dinner on the night in question. Ironically, this turned out not to be needed, because the newspaper subsequently changed its allegation to another date. He subsequently won his case with the judge famously eulogising his wife, Mary Archer, "...Has she not elegance? Has she not fragrance?", and was awarded damages of £500,000. After all these years, with Archer standing as the Tory candidate for Mayor of London, Francis (who happens entirely coincidentally to be launching a career as a novelist) has blown the whistle and now everyone from the laughable William Hague to the hangers on who used to enjoy Archer's Krug and shepherd's pie bashes have deserted him. This year's parties (for the 12th, 13th and 14th of December, 7.30pm at the Penthouse, Alembic House, Albert Embankment) have been cancelled and Jeffrey is holed up in his house near Cambridge, busily penning letters of apology. Meanwhile the Daily Star is seeking the return of its money, which, with interest, now amounts to some £3 million, and the entire British press is full of stories which show with impeccable hindsight that Jeffrey was always a fraud, always a liar, always a chancer. So Handirin (in life and Cybergypsies the leader of the Kurdish Cultural Centre in London) and I have sent the following to the editors of the Times, Telegraph and Guardian. On the principle that a man's good deeds should return to aid him in times of trouble, we wish to recall the considerable help that Jeffrey Archer gave us at the time of the Kurdish refugee crisis that followed the Gulf War. He initiated the Red Cross's Simple Truth concert, visited the Safe Haven in Iraqi Kurdistan, and lobbied for more help for displaced people in the area and widows of Anfal operations. Later he returned to Kurdistan to help mediate between the warring peshmerga factions. He gave much unpublicised help, including a sizeable personal donation to our relief effort, the Kurdish Disaster Fund. For all of this, we will always be grateful to him. HANDIRIN MAROUF INDRA SINHA
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #320 of 367: Evan Hodgens (evan) Wed 24 Nov 99 20:42
permalink #320 of 367: Evan Hodgens (evan) Wed 24 Nov 99 20:42
So, this "friend" supplies a letter in aid of Lord Archer commiting perjury, and has now announced to the world that he did so? I presume the statute of limitations for aiding and abetting perjury is safely behind him?
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #321 of 367: Indra Sinha (indra) Thu 25 Nov 99 04:04
permalink #321 of 367: Indra Sinha (indra) Thu 25 Nov 99 04:04
There is speculation in the press that Ted Francis will face charges if Archer does. The journos are not entirely happy about this as it will deter other whistleblowers from coming forward -- there is apparently a long queue waiting in the wings. Conspiring to commit perjury is obviously a serious offence --- former Tory minister Jonathan Aitken is currently languishing at Her Majesty's pleasure for having perjured himself in another libel action, against the Guardian --- but perjury, or to put it another way, barefaced-lying, has been a sine qua non for Tory politicians for years. The whole truth about the Arms-to-Iraq scandal has never emerged, but it is clear that a string of Tory ministers were, as the late, obnoxious-yet-strangely- likeable, Alan Clarke put it, "economical with the actualité". Check http://www.charter88.org.uk/pubs/violations/leigh.html
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #322 of 367: Please sign Bhopal petition (indra) Fri 26 Nov 99 04:24
permalink #322 of 367: Please sign Bhopal petition (indra) Fri 26 Nov 99 04:24
Union Carbide is about to be acquired by the Dow Corporation, and Bhopal victims are worried that this will make it even more difficult for them to get justice. Sathyu has asked me to post the following on here. 1) An explanatory note from the petition organiser Neil Tangri asking for support 2) The open letter to be sent to the Department of Justice and other bodies
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #323 of 367: Neil Tangri's covering note (indra) Fri 26 Nov 99 04:26
permalink #323 of 367: Neil Tangri's covering note (indra) Fri 26 Nov 99 04:26
Reply-To: ntangri@essential.org Originator: remember-bhopal@essential.org Sender: remember-bhopal@essential.org From: Neil Tangri <ntangri@essential.org> To: Multiple recipients of list REMEMBER-BHOPAL <remember-bhopal@essential.org> Subject: signon letter Dear Friends, We are seeking your endorsement of the sign-on letter below. As you probably know, Union Carbide, the corporation that caused the Bhopal disaster of 15 years ago, has still not been brought to account for its criminal acts in Bhopal, nor has it settled the matter financially. Now, it is about to be acquired by Dow Chemical Corporation. This will create an even larger, more powerful and less accountable chemical giant. We are asking the US government to intercede and halt this merger until Union Carbide can be brought to justice. To sign on to this letter, please send your name, title and organization to me at <ntangri@essential.org> Thank you, Neil Tangri
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #324 of 367: The open letter (indra) Fri 26 Nov 99 04:33
permalink #324 of 367: The open letter (indra) Fri 26 Nov 99 04:33
AN OPEN LETTER FROM THE CAMPAIGN FOR JUSTICE IN BHOPAL TO: Director of Operations United States Department of Justice Antitrust Division Room 3218 Washington, D.C. 20580 Richard J. Parker Director- Bureau of Competition Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 Dr. Alexander Schaub, Director-General for Competition European Commission 200 rue de la Loi/Westraat 200 B-1049 Brussels, Belgium John Scriven Vice President, General Counsel and Secretary Office of the Corporate Secretary The Dow Chemical Company 2030 Dow Center Midland, Michigan 48674 Telephone: 517-636-1792 Bruce D. Fitzgerald Vice President, General Counsel and Secretary Union Carbide Corporation 39 Old Ridgebury Road Danbury, Connecticut 06817-0001 Telephone: 203-794-2000 "Principle of Nondiscrimination: All persons shall be free from any form of discrimination in regard to actions and decisions that affect the environment." -DRAFT PRINCIPLE THREE ON HUMAN RIGHTS AND THE ENVIRONMENT The undersigned organizations call upon the United States Department of Justice, the Federal Trade Commission , and the Competition Directorate-General of the European Union to exercise their authority to review and investigate the pending acquisition of Union Carbide Corp. by Dow Chemical Company, and to take such action as would be necessary to promote fair commerce and the public good, which would also facilitate meaningful relief for the victims of the 1984 Bhopal Disaster. By merging resources, both companies seek to obtain improper advantages in commerce and to profit unfairly from Union Carbide's successful evasion of justice and escape from liability for its criminal conduct that lead to the Bhopal Disaster that killed thousands and injured hundreds of thousands more. The combination of Union Carbide's present unlawfully maintained corporate strength with Dow Chemical would give the merged companies unfair commercial advantages and would strengthen Union Carbide's ability to continue to avoid justice. Union Carbide has been a fugitive from justice for at least seven years, having fled India where criminal charge have been brought and are pending. Despite this frustrated criminal prosecution, Union Carbide and Dow Chemical have jointly declared to the authorities that: "there are no . . . criminal . . . actions, suits, claims, hearings, investigations or proceedings pending . . . . No investigation or review by any Governmental Entity with respect to it or any of its Subsidiaries is pending . . . ." Registration Statement by The Dow Chemical Company, as filed with the Securities and Exchange Commission on October 5, 1999, Article V: Representations and Warranties. It is therefore apparent that both companies intend to continue to gain unfair and improper commercial advantages from the corporate strength that Union Carbide has maintained by unlawfully evading criminal sanctions for the reckless policies that caused the Bhopal Disaster. Furthermore, we wish to endorse the latest effort by the victims of the Bhopal Disaster to bring Union Carbide to justice and hold it accountable for its unlawful actions. On November 15, 1999, a federal class action lawsuit was filed in the U.S. District Court, Southern District of New York, charging Union Carbide Corporation and its former Chief Executive Officer with having violated international law and the fundamental human rights of the victims and survivors of the Bhopal Gas Disaster in India on December 2, 1984. On the night of December 2, 1984, a deadly gas leak from Union Carbide's facility killed at least 7,000 people in Bhopal, India. Hundreds of thousands continue to suffer from permanent disability and chronic illnesses as a result of exposure to Union Carbide's toxic gases. The lawsuit accuses Union Carbide of fundamental violations of international law and human rights based on Union Carbide's criminally reckless conduct and conscious indifference to the grave risk of death and serious physical injury in the design, operation and maintenance of its Bhopal facility, as well as the complete absence of any emergency preparedness or adequate safety measures at the plant. The complaint alleges that Union Carbide officials in the U.S. were fully aware of the magnitude of risk posed by the Bhopal plant as a consequence of a pattern of prior leaks and internal confidential safety audits, but deliberately chose to place profits ahead of safety based on their racially discriminatory appraisal of the value of life of the residents of Bhopal in India. This upcoming December 2nd will be the fifteenth anniversary of this horrific disaster which took such an enormous toll in human lives and suffering. Although the company has publicly acknowledged its "moral responsibility" for this unprecedented catastrophe, Union Carbide remains unwilling to take full legal responsibility for perpetrating the worst industrial catastrophe in history and continues to evade the jurisdiction of the Indian courts the same courts which Union Carbide had vehemently insisted were the most capable of ultimately resolving this controversy. The complete inadequacy of Union Carbide's settlement of $470 million with the Indian government is shown by the fact that, of the claims processed so far, over 90% of the individual claims have received a meager $400 for their devastating injuries an amount insufficient to pay for necessary medications over a five year period in India. Union Carbide continues to unlawfully evade the criminal charges of culpable homicide' brought against the company in India and has stated categorically that it will not submit to the jurisdiction of India's courts. The Supreme Court of India had approved this settlement with the precondition that Union Carbide would be fully prosecuted under Indian law in order to prevent "a miscarriage of justice". In 1992, the Bhopal District Court declared the company "a proclaimed absconder" for failing to answer summons and notices to appear for trial on the criminal charges pending before the court. Despite being a fugitive from justice, Union Carbide continues to conduct business as usual in the United States. In its 1989 annual report, Union Carbide boasted to its shareholders that the suffering experienced by over a half million people in Bhopal had cost it a mere 43 cents per share. On the day that it announced its settlement with the Indian government, Union Carbide's stock price rose two dollars per share. On December 1, 1999, less than one day before the fifteenth anniversary of the Bhopal catastrophe, Union Carbide's shareholders will convene once again to vote on the Company's proposed merger with Dow Chemical, which will create a much larger chemical conglomerate with $18 billion to $24 billion in annual revenues. Recently, Dow Chemical has publicly asserted its commitment to the principles of ethical conduct and social responsibility. Now, the time has come for Dow Chemical to demonstrate the substance of that public commitment to ethics and social responsibility by specifying precisely what steps it intends to take in order to resolve the outstanding liabilities of Union Carbide under international and Indian law. AS A CONSEQUENCE OF ITS MERGER, DOW CHEMICAL SHOULD UNDERTAKE POSITIVE STEPS TO ENSURE THAT PROMPT, JUST AND ADEQUATE COMPENSATION IS PROVIDED TO THE VICTIMS OF UNION CARBIDE'S RECKLESS CONDUCT INCLUDING THE FOLLOWING: Provide for the economic rehabilitation of the Bhopal victims in terms of funding initiatives to guarantee employment to the permanently and partially disabled; Provide for the medical rehabilitation of the Bhopal victims by disclosing all of Union Carbide's medical and toxicological research on methyl isocyanate and establishing a fund to obtain necessary medicines and treatment for those affected; Provide for legal restitution and redress for the Bhopal victims by offering prompt, just and adequate compensation for all of their injuries, death of family members and pain and suffering, as well as the multi-generational genetic impact of the disaster; Provide expertise and resources for the environmental rehabilitation of the Bhopal plant site and the surrounding residences of the victims by undertaking to clean up the massive amounts of toxic effluents which continue to pollute the soil and water at and near the Union Carbide facility in Bhopal. The undersigned organizations strongly support the call of the Campaign for Justice in Bhopal to petition the U.S. Department of Justice, the U.S. Federal Trade Commission, and the Competition Directorate-General of the European Union to prevent Union Carbide from continuing to evade its moral, legal and social responsibilities to the victims of the Bhopal Disaster, and to stop Dow Chemical from obtaining unfair commercial advantages derived from Union Carbide's ongoing obstruction of justice. Under the Hart-Scott-Rodino Act, the merger between Union Carbide and Dow Chemical cannot be completed until certain assurances have been given and regulatory approval granted by, the Federal Trade Commission, and the Antitrust Division of the Department of Justice. The Competition Directorate-General of the European Union trade regulators also have authority to approve or disapprove the proposed merger. TODAY, WE URGENTLY APPEAL TO THESE REGULATORY AUTHORITIES TO TAKE ACTION TO PREVENT UNION CARBIDE, A FUGITIVE FROM JUSTICE, FROM CONTINUING TO PROFIT FROM ITS ROLE IN PERPETRATING THE WORST PEACETIME INDUSTRIAL CATASTROPHE IN HISTORY. Each of these governmental bodies can and should convene hearings in which those officials responsible at Union Carbide are made to explain their unjustifiable, immoral and illegal conduct in fleeing the lawful jurisdiction of Indian courts, and to demand that Union Carbide be held accountable under all applicable law to ensure that prompt, just and adequate compensation is obtained for the victims of its criminally reckless and racially discriminatory conduct in Bhopal, as well as conducting an environmental cleanup of all affected environs of that city. The regulatory authorities can and should conduct hearings and public inquiry into all potentially adverse consequences of the proposed merger between Dow Chemical and Union Carbide, not only for antitrust purposes, but in terms of safety standards, emergency-preparedness and design and operating procedures at their worldwide operations. Finally, these authorities can and should demand that Dow Chemical specify and particularize exactly what measures it will undertake to address the outstanding liabilities of Union Carbide to the victims of the Bhopal Disaster. We ask that these remedial measures be undertaken immediately due to the pendency of the merger tranaction between Dow Chemical and Union Carbide and to prevent further delay in obtaining redress for the victims of the Bhopal Disaster. Moreover, since the suffering in Bhopal has continued for 15 years, under the principles of international law and human rights, we urge you to take action at once to facilitate substantive and meaningful relief for the victims of the Bhopal Disaster.
inkwell.vue.52
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Indra Sinha: Cybergypsies: Lust, War & Betrayal on the Electronic Frontier
permalink #325 of 367: Sathyu Sarangi (sathyu-bhai) Fri 26 Nov 99 18:21
permalink #325 of 367: Sathyu Sarangi (sathyu-bhai) Fri 26 Nov 99 18:21
thanks indra, for posting on the well.now that union carbide has been found lying to the security exchange commission and other regulatory agencies for all these years it is quite possible that the corporation gets more than a slap on the wrist.
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