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Corporate Social Responsibility
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12.03.2004 ET
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Dow Shareholder Resolutions on Bhopal Liabilities and Chemical Body Burden Filed
Bostonians Commemorate 20th Anniversary of Bhopal Chemical Disaster as Dow Chemical Continues to Deny Legal Responsibility for the Disaster Victims
(CSRwire) BOSTON - This week Boston Common Asset Management filed a
shareholder resolution with Dow Chemical (parent company of Union Carbide)
on behalf of its client, The Brethren Benefit Trust, Inc. and other
shareholders, to address the liabilities associated the Bhopal legacy and
its survivors. The resolution asks Dow to quantify and analyze the
impacts that the Bhopal issue may reasonably pose to the company, its
reputation, its finances, and its expansion in Asia and elsewhere.
Sanford Lewis, the attorney representing shareholder proponents of Boston
Common Asset Management filed a compliant with the Securities & Exchange
Commissions this past August alleging misleading statements by Dow
Chemical on its website regarding potential liabilities associated with
Bhopal. Lewis said, "Dow's position related to Bhopal has changed. Since
we filed the letter with the SEC in August, Dow has dispensed with website
language that we had complained about asserting absolutely no liability
for Bhopal, while continuing to assert that it has 'no responsibility."See
www.dow.com/commitments/debate/d15.html.
"This is not just an issue of humanitarian obligation to the Bhopal
survivors, but also of prudent risk management," said Lauren Compere,
Chief Administrative Officer of Boston Common Asset Management. "The
reality is that Dow Chemical has not done well by its shareholders. There
is and will continue to be a very real and tangible impact on shareholder
value from the ongoing negative public relations surrounding Bhopal and
Dow's lack of accountability and the exposure to litigation that Dow is
now facing from both criminal and civil cases here in the U.S. and India,
which could result in Dow's assets in India being seized. After 20 years,
isn't it time for Union Carbide and Dow to finally face the music?" In
2004, a similar resolution garnered favorable analysis from proxy voting
services like IRRC and Institutional Shareholder Services including a For
Vote recommendation from ISS's Social Investment and Proxy Voting Services
division whose clients are social investors, pension funds and labor
unions. Institutional investors who supported the call for a report by Dow
on these issues included CalPERS and NYCERS. Boston Common expects similar
support from these types of investors in 2005.
At midnight on December 2, 1984 an estimated 40 tons of lethal gases
leaked from Union Carbide's pesticide factory in Bhopal, India,
immediately killing 8,000 people and poisoning thousands of others. Today,
at least 150,000 people, including children born to parents who survived
the disaster, are suffering from exposure-related health effects such as
cancer, neurological damage, chaotic menstrual cycles and mental illness.
Over 20,000 people are forced to drink water laced with unsafe levels of
mercury, carbon tetrachloride and other persistent organic pollutants and
heavy metals.
Many events worldwide are taking place to coincide with the 20th
anniversary of the disaster. Other events include the release of a new
Amnesty International report exposing Dow Chemical, teach-ins and vigils
at over 60 colleges worldwide and a new book by investigative reporter
Jack Doyle, entitled Trespass Against Us: Dow Chemical and the Toxic
Century.
Investors and human rights, labor and environmental health advocates
gathered at Wainwright Bank downtown yesterday, where the resolution was
introduced. Ashim Roy from the Indian Trade Union Initiative, spoke about
Bhopal as an example of untested technologies being transferred to
developing countries and having deadly effects. Bhopal is an early example
who what can happen when in the rush to globalize, multinational
corporations roll over the basic human rights and social obligations they
would have to meet in their home country. Amnesty International members
also spoke about the human rights report released on Dow and Bhopal on
Nov. 29th, the first Amnesty report to highlight a corporate rather than
solely governmental human right abuse.
The group watched short documentary, Twenty Years Without Justice: The
Bhopal Chemical Disaster; depicting the injustices the people of Bhopal
have endured in the decades since the disaster, and the current efforts to
bring Union Carbide and its parent company, Dow Chemical, to justice. View
the video at responsibility.See http://bhopal.strategicvideo.net.
There will also be screenings of another new film, Bhopal - The Search for
Justice, at MIT on Dec 4th at 2pm and at Tufts on Dec 6th at 7pm. More
details on this film at responsibility.See http://www.cbc.ca/natureofthings/.
For event details e-mail secular@mit.edu.
The 1984 Union Carbide gas disaster in Bhopal known as the Hiroshima of
the Chemical Industry has left an estimated 150,000 people chronically
ill, 50,000 of whom are too sick to earn a living. The impact on survivors
health continues to exceed the most pessimistic predictions. The
compensation paid by Union Carbide is less than nine U.S. cents a day per
victim a pathetically inadequate amount, given the economic and health
needs of survivors, says Tim Edwards of the International Campaign for
Justice in Bhopal. Dow Chemical assumed liability for the Bhopal plant
when it acquired Union Carbide in 2001.
Union Carbide's $470 million compensation package covered only civil
awards for the half million people exposed, leaving unresolved the
potential damages for criminal charges and for environmental contamination
unrelated to the disaster. Accused of culpable homicide, Union Carbide is
officially a fugitive from justice, defying orders of the US and Indian
courts to face trial in India, said Satinath Sarangi of the Bhopal Group
for Information and Action. After leaving its factory a global toxic
hotspot,so poisoning Bhopal a second time, Carbide also faces a case in
the US courts. The growing movement for corporate accountability will
never let this issue rest.
For More Information:
On the Dow Shareholder Resolution Contact: Lauren Compere, Boston
Common Asset Management, (617) 720-5557, weekend (617) 335-9764 lcompere@bostoncommonasset.com
On the 20th Anniversary of the Bhopal Chemical Disaster and Worldwide
Events check out: http://www.bhopal.net/gda2004.php
or contact Diana Ruiz at diana@panna.org or (415) 981-6205 ext
321
On the National Tour of Indian Trade Unionists, contact Russ Davis,
Jobs with Justice, 617-524-8778
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