Greenpeace and Kodai Community Nail Hindustan Lever Lies at IPT Hearing

Press release - September 2, 2002
NEW DELHI, India — A Public Hearing was conducted by the Indian People's Tribunal for two days in Kodaikanal, (Sept 2-3) to investigate the mercury contamination caused by the Hindustan Lever Ltd. (HLL), a subsidiary of Unilever.

The Tribunal was headed by Justice S. N. Bhargav, former Chief Justice, Sikkim and curently Chairman, Manipur Human Rights Commission , and a panel consisting of Dr Amit Nair, consulting toxicologist, Dr Ramakrishnan, Professor, School of Business studies, Bharatiar University, Coimbatore, and Dr Rakesh Kumar Singh, specializing in industrial safety management. The Hearing was attended by representatives of the TN Pollution Control Board.

Greenpeace, Palni Hills Conservation Council and local groups have uncovered and documented yet another set of lies by HLL intended to cover up the extent of mercury contamination and thus attempt to evade responsibility for any impact on the health of workers, community or the environment.

Greenpeace has placed before the IPT documentary evidence which shows that HLL deliberately falsified figures in its submissions to the Tamilnad Pollution Control Board in May '01 in order to hide 10 tons of mercury which it had emitted into the environment. HLL have now admitted to the PCB that the amount of mercury actually used was 10 tons more than it had declared last year in submitting its Report to The Hazardous Waste Monitoring Committee of the TN PCB. In its Report HLL had claimed that it had emitted 559 kg of mercury into the environment. Twenty times less than was actually emitted.

Greenpeace also charged the company with presenting a fraudulent account of the mercury recovered by the company from waste glass by establishing that the company could not have recovered 10 tons of mercury from 143 tons of broken glass (containing 6% mercury), save by performing a miracle, as this quantity of glass could have contained only 8.5 tons of mercury.

The company was also charged with serious violations of human rights in its failure to inform the workers or the community of the hazardous nature of its operations, or of the amount of mercury emitted each year into this sensitive environment. It had also failed to operate any established safety protocol or practices in its operations, or to maintain proper records as required under the law.

The IPT at its Public Hearing recorded the testimonies of the local community and workers from the HLL thermometer factory which has been accused of emitting mercury in the sensitive environment of this hill-station and boarding school town for the past 18 years. Over a hundred workers submitted evidence on health problems suffered for years, which they had brought to the attention of the company. While HLL has stated that before March '01 no worker had complained of health problems, workers provided evidence of the company having referred them to doctors and specialists to deal with their complaints, or asked them to resign."The company records compiled by company doctors failed to notice even visibly apparent problems such as gum disorders, skin patches, body swelling, tremors etc. which the workers have revealed at the hearing", said Mahendra Babu, Sec. ex-Worker's Association. "Would they be able to get away with such shoddy coverup tactics in Europe?"

Dr Mohan Issac, (Professor of Psychiatry, NIMHANS) on behalf of Community Health Cell, Bangalore, placed on record the opinion of prominent doctors whose support HLL had sought for approval of its medical protocol and findings. The doctors have in fact raised serious reservations not only about the protocol, but also regarding the quality of data and its interpretation. The doctors were concerned that HLL was unable to furnish the information on the basis of which it had arrived at its conclusion that no workers or community members were affected.

The company in its Report to the PCB prepared by its consultants Messrs Dames and Moore and messr Tom van Tuenenbroek, had claimed that the company had emitted 559 kg of mercury and that there was no impact on the health of the community, workers or the environment. However the information on the basis of which such a conclusion was arrived at was not provided, and much of the information provided on mercury emission, waste recovery, safety practices and statutory record keeping has been shown to be false and deliberately manipulated in order to evade responsibility.

"The issue here is greater than merely not providing information," says Navroz Mody, Greenpeace campaigner, " It is a matter of deliberately falsifying information, as well as suppressing material facts to avoid responsibility. HLL's commitment to environment, transparency and fair business ethics as prescribed by its own charter, as well as that of the

UN sponsored Global Compact for ethical business practices, to which its parent company Unilever subscribes, stands exposed as hollow greenwash in the face of its proven callousness, compounded by lies to avoid detection".

Survivors of ten young men (av. age 32) who died after being employed at the factory also placed on record their demand to HLL to provide the health records of the workers as well as the results of the investigation carried out by HLL to establish that their family members were not killed by mercury contamination at the factory.

The community has demanded that the government prosecute HLL and its consultants for deliberately providing false information to statutory bodies regarding the operation of the factory for 18 years, and for mercury contamination of Kodaikanal town and lake. They have also called on the PCB to initiate independent epidemiological and environmental studies to establish the extent of damage caused by HLL, who must be held responsible for costs of compensation and remediation.

The community has called on the government to ensure that the factory equipment is disabled and permanently stored along with hazardous mercury wastes, so that no other poor community in the developing world is subjected to lifelong mercury contamination to satisfy corporate greed.

Signed:

Palni Hills Conservation Council, (Neville Moncher)

United Citizen's Council of Kodaikanal, (UCCK) (Rajgopal Dorairaja)

HLL ex Worker's Association (S. A. Mahendra Babu)

Kodaikanal Lake Protection Council, (A. J. Kumar Albert)

Greenpeace (Navroz Mody)

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