HUMAN RIGHTS - GENERAL
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- Title
- HUMAN RIGHTS - GENERAL
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RF_L_4_SUDHA
CONTENTS OF THE FIRST REPORT SUBMITTED TO
THE NATIONAL HUMAN RIGHTS COMMISSION
Background Information
1
Objectives
4
Methodology and Plan of Work
.................... 4
Results
10
Endosulfan levels in Water and Blood samples
10-
Medical Findings
13
Conclusions
26
Limitations of the Study
................ 28
Future Plan of Work
............................ 2$,v
Recommendations
29
List of Annexures
.......................................................................................................... 30
Annexure 1-Report of visit of ICMR team to Kasaragod District
'□
31
Annexure 2-Proforma for examination of School Children
..............
34
Annexure 3- Proforma for History collection of the families of school children
44
Annexure 4-Satellite-based assessment of Physiographic disposition of a
Few villages affected by neurological health problems in
Kasaragod district
50
Annexure 5- List of participating Institutes and members
...................................... 57
Annexure 6- Methodology for Endosulfan Analysis and Cytogenetic Studies
59
Annexure 7- The recommendations of Achyuthan Committee appointed by
Government of Kerala
74
Report of the Investigation of Unusual Illnesses
Allegedly Produced by Endosulfan Exposure in
Padre Village of Kasargod District (N. Kerala)'
Reports of unusual diseases in certain villages of Kasargod district of Northern Kerala
allegedly caused by spray of a pesticide, endosulfan, over the cashew plantations were
published in Down to Earth (February 28th, 2001), The Hindu (July 22nd 2001), India Today
(July 23fd, 2001) and several other magazines, local news papers and TV channels.
The National Human Rights Commission initiated suo moto action on the report entitled “
Spray of Misery” published in India Today ( July, 23 2001) and asked a number of agencies
including ICMR to submit a report within four weeks. On the directives of the Director
General ICMR, a three-member team from NIOH visited the affected areas and collected first
hand information and a preliminary report was submitted to the NHRC. (Annexure 1). In the
report it was mentioned that NIOH will carry out an environmental epidemiological stu'd’y
and submit the report within six months of which the first part of the report will be submitted
by the end of three months and informed the Commission that the first results of the study
will be available by the end of December 2001.
Therreview of the published reports showed following features:
1.
Around 1963-64, the agriculture department began planting cashew trees on the hills
around Padre village in Kasargod district. In 1978, Plantation Corporation of Kerala
(PCK) took over the plantations. Today, the area under PCK’s Kasaragod Estate
stands at 2,209 hectares. The aerial spray of Endosulfan is undertaken by PCK to
control tea mosquito on cashew nut plantations for over 20 year’s.
2.
Several villages in the valley below the hill experience severe exposure to Endosulfan
during the spray. The water bodies also get contaminated during the spray. There are
unconfirmed reports of the disappearance of fish, frogs and snakes from the area
following the aerial spray.
3.
Cases of illnesses such as disorders of the central nervous system - cerebral palsy.
retardation of mental and/or physical.growth, epilepsy among the children — and
congenital anomalies like stag horn limbs have been reported. There are also reports
of cancer of the liver and blood; infertility and undescended testis among males;
miscarriages and hormonal irregularities among women; skin disorders; and asthma,
psychiatric problems and suicidal tendencies in the villages nearby cashew
plantations.
4.
Several villages near the cashew plantation are said to be affected by the diseases
enumerated above. Amongst all these, 6lh and 7lh wards situated along the Kodenkiri
stream in Enmakaje Gram Panchayat (village council) are reported to be the worst hit.
5.
Team of researchers from Thanal, a Thiruvananthpuram based non-govemment
organization carried out a house-to-house health survey in Periya, Cashew Plantation
area of Kasargod district from. October 1999 to December 1999. The researchers
observed cases of anemia and generalized weakness in women and children, poor
physical growth, frequent attacks of fever, numerous cases of infertility among men,
miscarriages and menstrual disorders in women, kidney problems and swelling and
discolouration of the skin of the limbs.
6.
Dr. Mohana Kumar Y S, a physician practicing in the area since 1982, has been
keeping record of the cases coming to his clinic for treatment for the last ten years.
His record as published in Down to Earth Magazine (28th February 2001) is follows:
2
5
Oo
List of confirmed cases of various diseases reported!
by Dr. Y.S. Mohankumar
a i/c i l d ld W y i'
Disease
No. of Cases
Cancer
49
Mental retardation
23
!
Congenital anomalies
9
|
Psychiatric cases
43
Epilepsy
23
Suicide
9
Total*
156
Total (by January 26)**
197
NOTE: * - cases counted by January 5, 2001 ** - break-up not
available
Q Q & H'd Wil'd U
Centre for Science and Environment (CSE) New Delhi analysed biological and
environmental samples for Endosulfan residues on 17lh February 2001, about one
and a half month after the last aerial spray of Endosulfan carried out on 26lh
December 2000. The results published in the magazine “Down to Earth” showed
that the concentration of Endosulfan in three water samples were 7 to 51 times
higher than the maximum residue limit (MRL). Very high levels of Endosulfan
were reported in samples of human blood, human milk, vegetables, spices, cow’s
milk, animal tissues, cashew, cashew leaves and soil. In one of the soil sample the
levels of Endosulfan were 391 higher than MRL.
8.
Fredrick Institute of Plant Protection and Toxicology (FIPPAT) at the request of
PCK carried out evaluation of Endosulfan residues in 106 samples of human
blood, one cow milk sample, one fish sample, 30 water samples, 29 soil samples
and 28 cashew leave samples collected from 18.3.2001 to 02.05.2001 from Padre
u o
village. Their results show that there are no residues of Endosulfan in any of the
blood samples, cow milk and water samples. However, some residue of
Endosulfan was detected in soil and leaf samples.
The above reports have following weaknesses-from scientific point of view.
Only the number of persons suffering from diseases such as congenital malformations,
cancers, psychiatric illnesses etc. without referring to the denominator (i.e. out of how
many) was reported. These diseases also occur with varying frequency in general
population. Hence their occurrence'does hot indicate exposure to unusual causative
factor unless, the excessive incidence/prevalence compared to other similar population
is proved. Therefore to establish the higher prevalence/incidence of any disease one
must
include control
(referent) population in the study and then compare
prevalence/incidence of various diseases.
2.
CSE Study: Quantitative estimation of Endosulfan levels in biological and
environmental samples was done by a very sensitive and sophisticated technique called
gas chromatography equipped with the ECD detector. This technique although very
sophisticated for quantitative estimation, cannot identify an unknown substance, which'
needs to be confirmed by using standard tests. This was particularly essential because
the investigators reported the levels of Endosulfan varying between 108 and 196 ppm in
the blood of all subjects with varying degrees of illnesses. These levels are much higher
than the reported blood levels of 4-8 ppm in three fatal Endosulfan poisoning cases
(Coutselinis A., Kentarchou E and Boukis D. 1978 Concentration level of endosulfan in
biological material (Report of three cases) Forensic Sc. 11:75) and 2.9 ppm in another
case of fatal Endosulfan poi.soning (Blanco-Coronado JL Rcpctto M Geinestal RJ et al,
1992. Acute intoxication by endosulfan J Clin Toxicol 30:575-583.). No attempt was
made by the investigator to.confirm the presence .ofEndosulfan
3.
... .
The F1PPAT study, though started one month later than CSE, shows just the opposite
results, i.e. complete absence of endosulfan residues in blood, cow milk and water
samples. The study reported Endosulphan residues in the range of 0.001 to 0.012 ppm
in soil samples and 0.04 to 2.863 ppm in cashew leave samples. The FIPPAT did not
use any confirmative test for Endosulfan.
4
A well-planned environmental epidemiological study was therefore necessary to confinn the
high incidence of diseases in the villages near the cashew plantation in Kasargod district and
evaluate exposure to endosulfan and to find out its relationship with Endosulfan if any.
N1OH earned out the actual field study from 2411' Sept. 2001 to 7dl October 2001 with the
following objectives.
Objectives:
1.
To confinn the reported disease pattern in the exposed populations and evaluate the
magnitude of the problem by comparison with control populations through a well
designed epidemiological study.
2.
To search for etiological factors if the exposed populations show abnormal disease
patterns and generate a hypothesis.
3.
To confirm the presence of Endosulfan residues in environmental and biological
samples and estimate their levels.
Methodology and Plan of Work:
1.
Study design:
For designing the study, discussions were held with senior members of the
1.1
Scientific Advisory Committee of NIOH and its scientists and it was decided to
start the first phase of the study in school children of Padre village, which is to be
taken as the exposed area. The school children were selected for the following
reasons.
a)
b)
Majority of the illnesses have been reported among the children.
It is physically very difficult to conduct a house-to-house survey involving
specialized medical examination and laboratory investigations, as houses in
Padre village are very scattered due to the topography of the area.
c)
To estimate prevalence of disease, it is important that all the individuals
selected for the study through statistical process, participate in the study. Non
participation of the selected population could result in selection bias, which
5
will make the validity and reliability of the estimates doubtful. It was expected
that many of the villagers may not cooperate due to repealed visits of dillcrcnt
committees and NGOs and only affected families (motivated groups) may
come forward thus causing a bias in the selection.
d)
Due to high literacy standards in Kerala, most of the children attend school
and through them it would be easy to call the parents to the school and record
details of any diseases encountered in the family members.
e)
.
Co-operation among school children could be ensured due to goodwill of the
state education department and the district collector.
f)
Study parameters related to growth and development in children need
information on accurate age. The school records provide date of birth for the
purpose.
1.2
At our request, the district authorities of the state education department sent a
circular to all schools in the district to cooperate with the NIOH team.
1.3
Special proforma were designed separately for school children and families. Prof.
U. V. Shenoy, Head, Dept, of Pediatrics, K. M .C. Mangalore extended full
cooperation of his department for examination of school children. He also helped
in design of proforma for school children (see annexure 2,3).
1.4
Selection of control groups. For any epidemiological study it is necessary to
select a control group, which should be comparable with the exposed group in all
respects except for the exposure, which in the present case was exposure to aerial
spray of Endosulfan. The study group consisted of 619 children studying in Govt.
Higher Secondary School; P.O. Vaninagar in Padre village. For comparison, 416
school children from two schools in Miyapavadu, Meenja Panchayath viz. Sri
Vidya Vardanaka High School and Vani Vilas aided L. P. School were selected.
The selection of controls was finalized after ensuring that these children had a
similar socioeconomic background as the exposed group, and the control schools
were also Kannada medium schools like the school in Padre. Meenja Panchayath
is about 25 km. North of Padre and also has cashew nut crops but it was
6
j
%v # i>
confirmed that this crop has never had any aerial spray of endosulfan. Three small
rivers separate Meenja from Padre area thereby excluding any possibility of cross
contamination of water sources.
1.5
The Regional Remote Sensing Service Centre (RRSSC) at Bangalore, an
organization belonging to Indian Space Research Organization (ISRO) was
requested to provide physiography of the exposed and control areas through
satellite imaging. (Annexure 4)
Teams from following three organizations participated in the study. (Annexure 5)
1.6
1. National Institute of Occupational Health (NIOH), Ahmedabad.
6
>
4' J
•
1.7
2.
Regional Occupational Health Centre (ROHC) (S), Bangalore.
3.
Department of Pediatrics, Kasturba Medical College, Mangalore.
All staff were explained the objectives of the study and trained for different
aspects. During briefing/training the importance of unbiased recording of
abnormalities (using same technique and criteria for exposed and control subjects)
was emphasized.
1.8
The laboratory techniques and methodologies were standardized at NIOH and the
acp
necessary glassware, chemicals, reagents and equipments were carried from
NIOH/ROHC to the study site. A field laboratory was set up for lymphocyte
cultures and separation of serum samples. The serum and environmental samples
were coded to avoid bias.
1.9
Same teams performed examination of children belonging to exposed and control
groups, using same instruments and similar techniques and same persons recorded
the family details.
2. Conduct of the study:
a od
2.1. Examination of School children:
After all above mentioned preparations and two preliminary visits, the actual study
was started from 24lh September and continued till 7lh of October 2001. Every day
about 50-70 children were asked to bring their parents with them on the next day. The
7
parents were explained the objectives of the study and consent form in the local
language was read out to them. Only after taking written consent ol one ol the
parents, the children were examined and only in willing cases blood samples were
collected and the sexual maturity rating (SMR) examination was performed. The
SMR examination of the boys and girls was carried out by male and female
pediatricians respectively observing necessary privacy required for this delicate
examination. Every case whether from exposed or control group, which showed any
-major abnormality, was referred to a senior pediatrician and only after reconfirming
the findings, the proformas were filled up.
2.2: Recording of major illnesses in the family:
The parents who accompanied their wards were interviewed by trained staff, who
could communicate well in the local languages (Kannada, Malyalam, Tulu or
Konkani), on the same day. Details about all family members living in the household
were recorded with special reference to the important diseases reported in the area.
Deaths in the family and their causes were also recorded and the respondents were :
asked to bring related case papers if available.
Checking of the proformas and data entry: During the study, the proforma were checked
daily by one of the senior investigators for any anomalies which were rectified on the next
day. Before data analysis, the investigators and the statistician rechecked the proforma and in
doubtful cases the examining pediatricians were, consulted.
2.3 Investigations:
2.3.1
Satellite based assessment of physiographic disposition of villages in the cashew
plantation area of Kasargod district: The Regional Remote Sensing Service Centre
(RRSSC), Bangalore, of Indian Space Research Organization (ISRO) was requested
to assess and provide information on environmental data such as topographic location
of the villages, water sources, land use, crop and type of plantation in the region. Dr.
P. P. Nageswara Rao, Head, RRSSC, Bangalore and his team analysed the satellite
data and visited the villages from 2nd to 4th November, 2001 .
8
2.3.2
Analysis of blood samples: The blood samples were collected for the following
investigations:
I. Endosulfan residues.
2. Hormonal Analysis.:
i.
Thyroid Hormones: T3, T4 and TSH
ii.
Sex Hormones: Testoterone, Oestradiol, Progestrone, FSH, LH, Prolactin and
growth hormone.
iii.
Cytogenetic Studies - Study of chromosomal aberrations and sister chromatid
exchange in peripheral lymphocyte culture.
A total of 262 (170 exposed + 92 control) school children agreed for the blood examination.
After separation, the serum samples were earned by air under dry ice (-80°C) to NIOH.
Lymphocyte culture were carried out in the field laboratory.
2.3.3
Estimation
of
residues
Endosulfan
in
environmental
The methods of sample collection and analyses are described in Annexure 6.
9
samples.
RESULTS:
1. Endosulfan Levels in Water and Blood Samples:
Table 1.
Levels of Endosulfan Residues in water Samples
ITotal Endosul|jih (sum 3
J of ct, P‘i andEndosuIfan
"
■ -
mm <
0 0023
tS.O'V A'-'
-
■
BSS®
mr
Of®
■^';V0.0416;:;/
NMMBW
mm
N.D. = Not detected.
Details of the location from where the samples have been collected:
# 2 - Sample collected from the well used by the students of Primary school, Vaninagar
# 3 - Sample collected from the house (well) situated 50 meters away from Kodenkiri
stream.
# 5 - Sample from the house (Suranga) situated 50 meters away from Kodenkiri
stream.
# 7 - Sample from small water fall joining Kodenkiri below the road to Kajampady
village.
# 8 - Sample frorii the well of a house just next to Kodenkiri stream (< 5 meters).
# 9 - Sample from the pond in the course of fall joining Kodenkiri stream (below road
to Kajampady).
10
Table 1 shows the levels of endosulfan in various water bodies. Most of these water bodies
form the source of drinking and irrigation water for the villagers. These levels of endosulfan
are much below the US Environmental Protection Agency (EPA) recommended maximum
amount of endosulfan in lakes, rivers, and streams of 74 parts endosulfan per billion parts of
water (74 ppb).
But the detection of even very small endosulfan residues signifies
continuous exposure of the population since the spray began more than 20 years back. It
should however, be appreciated that the levels of endosulfan reported by us do not represent
the real levels of exposure and probably represents the lowest levels for the year for
following reasons:
1. Water samples were collected in September - October 2001, almost nine to ten months
after the last spray of endosulfan and just two months before the next round was due had
there been no ban on the aerial spray.
2. The district has an average annual rain fall of 3500 mm (140 inches) and the rainy season
extends from end of May to October. Heavy rain would have washed out most of the
endosulfan present in the water and soil.
Table 2 shows the presence of endosulfan residues in blood samples of children from
Vaninagar school. Endosulfan could be detected in 18 out of the 22 samples analyzed so far.
Alpha and beta endosulfan have been reported to have excretion half life of 23 and 27 hours
respectively (Arrebola FJ Martinex Vidal JL et al 1999. Excretion study of endosulfan in
urine of a pest control operator. Toxicol Letters 107:15-20.). The presence of endosulfan in
blood therefore signifies continuous exposure which could be through water , food or soil.
Endosulfan is most persistent in soil. Exposure through soil is particularly important for
children during outdoor activities such as playing. Moreover, the intake of food, water and
air per kg of body weight which would result in greater intake of the chemical.
11
Table 2 Levels of Endosulfan Residues in blood samples of children of Vaninagar School
Subject Code
a- Endosulfan (ppb)
P - Endosulfan (ppb)
(a)
(b)
SSH#
■
<■^‘<><7.44 ■■ ■ ■
•••••:.. ‘ 12 18
’
971
■
■
-
23.6 '
'
' -,i’:v’;.’.7i7.83 - •' ;■•
■ ' ~'
n.d.': ' t ^;,^?i't<28;44
. ■-. ■ ■: ■ ■
’
■'
SSHS
iBa®S
' 22.T4'
’. !-64 ' ■ • •
■' ? V25
^)13.87
If
• ?
48.09
1L75:
< v;^‘C24.5-
-
2-9
' §g«7.49V
■ '
8.59
'
■ '
•3.04 .
78.74
”948
SJ'3:77.
' ••■• ; ■ '■■ -•
.
N.D.
■'- !
■• •••
^^5.08^;''^
‘’T' , -2.35
(a+ b + c)
. ■ ! J4-19.
N.D.
S \'V
W
»SS8
Total Endosulfan
(c)
•<■, • 30.06
34.49 .
: 9.18
'- ■- t
Endosulfan sulfate
(ppb)
>-.; .■>
'■
.
■
h^D.
,
Ml
'5'3^:i‘- ‘:' h ;T,^2.57,..; ;,;A . ../ '\D... : 7. ot?-92: ■■
MM ^.^»Jhv!'4.08
J. -3,31
£,•>< ^■<4N.p,;. -.
S^W-39 •" ■
■fe»f J'
J0.04-...
-7
,
17>92
'
3.42. >.'■ <.-_■:,
^.-^N.D. L
/-i- ., N-D-.
tiMi
• 5.42
.^^4.67;t
«sS ^'£128
:;
N-D-
•-<; .-:■. . ■ . N.D.
N-D-
N.D. = Not detected.
12
N.D.
.,.;.
. wafii?w. - 7
HSBR*#
iWWilf
W:*N57 7?/; ;;;
I^OKD; •
.
7'<?[<N.p.. ;1 (
•WrsiT.i.28'
^^sN.D. ■
••••
Comparison of Anthropometric data:
Table 3 Mean (x_SD) age, height and weight in control and exposed population
Table 3 shows the comparison of mean age, height and weight of the exposed and control
group of study population. The sex wise distribution is comparable in exposed and control
groups. The mean age of the exposed group is higher as compared to controls. This is
because the school taken for exposed population at Padre has classes up to XI1 standard,
whereas the schools in control village has classes up to X standard.
Table 4 Average (± SD) height (cuts) and weight (kg) of the exposed and control groups according to sex
: .5,'Age
(completed
Control
Exposed
Female
Male
Female
Male
Height t
Weight
Height
Weight
Height
Weight
Height
116 ± 9.75
I8.6±
3.50
116±
9.63
19.1 ±
3.78
115 ±
8.07
18.4 =
4.27
118 ±
8.44
20.3 ±
5.82
131 = 6.22
25.1 ±
4.07
130 ±
4.35
2.73
7.72
23.7 1
3.24
128 ±
5.86
22.9 .1
2.22
138 = 6.71
28.7 ±
4.80
135 ±
7.07
26.6 ±
3.91
134 ±
6.52
26.5 ±
3.88
134 ±
7.43 '
25.4 ±
4.47
140 ±5.82
30.8 ±
5.54
138 ±
7.28
29.1 ±
6.03
144 ±
9.23
34.7 ±
7.59
138 ±
7.76
29.5 ±
6.36
143 ±6.63
13(105)
33.8 ±
9.14
8.33
31.0 ±
6.63
147 ±
6.23
35.9 ±
5.38
142 ±
9.36
32.7 ±
7.30
147±6.13
14(95)
37.4 ±
6.20
149 ±
8.21
35.0 ±
4.81
148 ±
5.70
40.3 ±
6.58
151 ±
9.28
37.4 ±
12.9
151 ±6.78
44.0 ±
5.15
153 ±
6.47
39.7 ±
5.07
154 ±
8.57
42.7 ±
7.96
155 ±
7.47
40.2 ±
6.89
146 ±6.78
36.3 ±
4.35
I54±
7.03
9.24
147 ±
7.25
39.8 ±
6.69
159 ±
8.13
43.7 ±
7.00
144 ±0.00
30.0 ±
0.00
0.00 ±
0.00
0.00 ±
0.00
154 ±
49.0 ±
9.47
I6O±
6.10
45.8 ±
6.45
140 ±0.00
34.0 ±
0.00'
145 ±
2.83
35.5 ±
3.54
155 ±
8.96
41.0±
5.48
164 ±
7.85
50.8 1
9.28
Below
(337)
10
10(91)
11(117)
12(117)
15(83)
16(43)
17(21)
18
and
above(17)
;
Figures in bracket indicate number of subjects whose data on height and weight is available
13
Weight
Table 4 shows comparison of mean-height and weight of the exposed and control population
according to age and sex. It may be noted that the data for height and weight were not
available for 9 subjects. It is seen that mean height and weight are in exposed and control
subjects are comparable for the same age and sex group. Nutrition and ethnic background arc
the two major factors, which determine the height and weight. The results thus signify that
the nutritional status of the exposed and control population of the two groups are comparable.
Neurobehavioural problems: These were investigated both subjectively as well as by
objective tests.
Table 5. Prevalence of scholastic backwardness (learning disability) as
reported by the class teacher and the results of annual examinations.
Table 5 shows the prevalence of scholastic backwardness (learning disability) as reported by
the class teacher and results of annual examinations. It is seen that the prevalence of poor
scholastic performance and the incidence of being detained into the same class was
significantly higher in the exposed children as compared to the controls.
Table 6 shows the performance of the two groups of children in a test called ‘Draw A Man
Test’ which is a standard but preliminary test used to evaluate Intelligence Quotient (IQ) of
children between 3-15 years of age. This is a simple screening test for IQ. The child is asked
to draw a man as perceived by him and the scoring is done on the basis of standard laid down
criteria. The test was administered to children up to 15 years of age in both groups and the
results show that the proportion of children having low IQ was significantly higher in the
exposed group. The proportion of children having higher IQ was also lower in the exposed
14
group. As an isolated test, it has very limited significance, however, if the results of this test
are seen in the light of the findings shown in previous table, it assumes greater significance.
Table 6. Results of IQ evaluation by Draw A Man Test in
Exposed and control population.
Table 7. Behaviour in the class as reported by the class
teacher.
Table 7 shows abnormal behaviour as reported by the teachers in two groups. The prevalence
of arrogant and aggressive behaviour and restlessness were higher in the exposed group as
compared to the controls. The overall prevalence of these behavioural abnormalities was
15
significantly higher in exposed group as compared to the controls. The findings reported in
tables 5, 6 and 7 taken together signify that in the exposed group the children are having a
number of functional abnormalities of the nervous system which though not severe enough to
prevent them from attending school, may interfere with their optimal intellectual
development and total personality.
Table 8 shows the prevalence of seizure disorders in exposed and control population. The
diagnosis of epilepsy or seizure disorder was made by the examining paediatrician only in
those cases where there was a clear-cut history suggesting the diagnosis. The history of
convulsions regularly associated with fever has been classified as febrile convulsions. The
prevalence of epilepsy was higher in exposed girls, however, the differences were
statistically non-significant.
16
Congenital abnormalities:
Table 9. Prevalence of congenital abnormalities
.^.y ]fj3 ■(’^oor^^'o’/fsyco^oj
Congenital hydrocele
4/361 ( 1.11)
Exposed
0 / 258 ( 0.00)
Control
0/183 (0.00)
0 / 233 ( 0.00)
Exposed
0 / 258 ( 0.00)
2/361 (0.55)
Control
0/ 183 (0.00)
1 / 233 ( 0.43)
Exposed
0/258 ( 0.00)
1 /361 (0.28)
■ Undescended Testes (Cryptorchidism)
.Congenital Inguinal Hernia
.
■'■■. 'f-.- i JMacrocaphely
Control
0/ 183 (0.00)
1 / 233 (0.43)
Exposed
0/258 (0.39)
0/361 (0.00)
Control
0/ 183 (0.00)
1 / 233 ( 0.43)
Exposed
0 / 258 ( 0.00)
0/361 (0.00)
1/ 183 (0.55)
4/233 ( 1.72)
’ ••'7 .Minor malformation
T-7
Control
...
Exposed
;^7258'('3:4^’ ------- ■‘■27 361"(i).55)“‘"'
.7' XM7.233,hoKo)T.
r
■ -• •'■■■
0/258 (0.00)
1/361 (0.28)
Control
2/ 183 ( 1.09)
1 / 233 ( 0.43)
Exposed
5 /258 ( 1.94)
3/361 (0.83)
07.183 ( 0.00)
,1 /233 (0.43)
' '"'"Exposed'
/ 7. Control/
';.T7
■ 7$;
Congenital skeletal disorder
*• ;■ • '■ ■■ ■
.•
Contrc>l_
••^17^
Control
07 183 (0.00)
0 / 233 ( 0.00)
Exposed
1/258 (0.39)
^17361,(0.28)
Control
2/183(1.09)
l^j^Congemtal retinopathy ;
.
i
Any congenital abnormality
;i •
;
7
Exposed '
15/258(5.8).
,
8/233(3.43
!
14/361 (3.88)
y.J 5.32(1.23-22.98) |
1.13(0.48-2.65)
Relative Risk (95% C.L.)
(p<0.05)
'
NS
Figures tn parenthesis are percentages
*One exposed male, one exposed female and one control female showed two congenital
abnormalities.
u
y’
■
Table 9 shows the prevalence of various congenital abnormalities in exposed and control
subjects. The overall prevalence of congenital abnormalities was significantly higher in the
exposed female as compared to the control female. The prominent abnormalities were
congenital heart diseases and skeletal abnormalities. The diagnosis of congenital heart
disease was based on clinical findings and the examining paediatricians have suggested
confirmation diagnosis by echocardiography and other investigations. The abnormalities of
testes like Cryptorchidism and hydrocele were reported exclusively amongst the exposed subjects.
The former abnormality is suspected to be the result of exposure to the environmental oestrogens of
the mother during the pregnancy.
Reproductive Development:
Female Subjects: In most of the girls the definite time of menarche could not be elicited.
Therefore comparison is made between distribution of menstruating girls according to age. It
is seen that the proportion girls who had attained menarche was higher in exposed groups
11,12,13,14 and 15 years. Overall these differences are statistically significant. It may be
noted that 5 girls above 16 years in the exposed group and one girl in control group who had
not attained menarche need to be investigated
Table 10 comparison of age wise distribution of menstruating girls.
Age Group (completed years)
Control
18
Exposed
Table 11. Prevalence of Menstrual Cycle Disorders
Table 11 shows that the prevalence of menstrual disorders was significantly higher in the
exposed group.
Table 12. Female subjects showing SMR grade 2 or more for breast development and/or
pubic hair
. Age Group (completed years)
Exposed
Control
0/67 (0.00)
■r
0/71 (0.00)
-r
2/14(14.29)
0/2(0.00)
.A?''
3 /5 (60.00)
0/ l(-) ■ ■
2/3(66.67)
j
6/ 8 (75.00)
.0/1(0.00)
2/3 ($6.7)
... 0 / 1 ( 0.00).
2/2 (100.0)
i/i (loo.o)
0/0 (-)
■ ; ■
1/1(100.0)
4/4(100.0)
Table 12 shows the number of female subjects showing SMR grade 2 or more for breast
development and/or pubic hair. It may noted that limited number of girls consented for SMR
evaluation. Although the number of girls attaining puberty earlier is higher in exposed group,
definite conclusions can not be drawn because of small number in each group.
19
Table 13 Aj:e-wisc distribution of skin fold thickness in control and exposed groups
it dr^iJQ i'j GCi>»
Table 13 shows the average skin fold thickness in exposed and control population according
to age and sex. In the female subjects the average skin fold thickness is higher in the age
groups 12,13, 14, 15 and 16. These differences are statistically significant in the age groups
12, 13, 14, and 16. This age groups belong to the pre-pubertal and pubertal period. In male
subjects, the average thickness of the skin fold was significantly lower in the age groups
Below 10 and 10 years. In addition to nutrition, the skin fold thickness particularly in female
subjects is affected by the levels of sex hormones.
Male Subjects:
o d
0 -0
Table 14. Male subjects showing SMR grade 2 or more for pubic hair, penis and testes.
Figures in parenthesis indicate percentage.
21
Table 14. shows number of male subjects showing SMR grade 2 or more for pubic hair, penis
and testes. It is seen that in most of the age groups, the number of boys showing SMR
changes were lower in exposed group as compared to controls. The overall differences were
statistically significant. Figures 1,2 and 3 illustrate average SMR scores for pubic hair, penis
and testes for each age group. The average SMR scores were lower in the exposed group as
compared to controls.
22
Figure 2 Mean SMR Score for Penis according to age
Other Abnormalities:
Table 15 shows the prevalence of goitre in the exposed and control subjects. It may be noted
that all cases of goitre were classified as physiological goitre occurring at the onset of
puberty. The significance of higher prevalence of this physiological variation in the exposed
girls is not clear and may be investigated in further details.
23
Q
O
Other Abnormalities:
Table 15 shows the prevalence of goitre in the exposed and control subjects. It may be noted
that all cases of goitre were classified as physiological goitre occurring at the onset of
C?
U
§
Q
9
puberty. The significance of higher prevalence of this physiological variation in the exposed
girls is not clear and may be investigated in further details.
23
Table -17. Prevalence of past history of jaundice
Male
Female?
mm
llii M
me
Figures in parenthesis are percentages.
Table 17 shows the prevalence of past history ofjaundice in exposed and control population
according to the sex. The prevalence higher in both male and female exposed population and
the differences are statistically significant in female subjects.
Table 18. Incidence of Chromosomal aberration and sister chromatid
exchange per cell in exposed and control population
Chromosomal aberfation'per cell
Sister Chromatid Exchange
b
j^Total
Q
1^6^185^
Control
1
v a
Exposed
t
r^.D.^ yNo.j>
fe$6.3,87^
L’.-3
21
Table 18 shows incidence of Chromosomal aberrations and sister chromatid exchange per
O
O
cell in exposed and control population. The incidence of these abnormalities are comparable
25
9
s
in exposed and control subjects. It may be noted that the chromosomal abnormalities like
dicentric chromosome and chromatid exchange (figure 4)were observed in two each of the
exposed subjects. These abnormalities are rarely observed in healthy children.
B
A
C
Figure 4 . Chromosomal aberrations in phytohemagglutihin stimulated peripheral leucocytes
A. Normal, B. Chromatid exchange C. Dicentric chromosome.
Conclusions: The results of the study carried out so far show:
Presence of Endosulfan residues: Endosulfan residues have been detected in water samples
as well as blood samples in the exposed area, i.e. Padre village. Alpha, Beta Endosulfan and
Endosulfan sulphate have different half-lives in different media. The detection of endosulfan
in the blood samples of children and water samples, 10 months after the last aerial spray of
endosulfan, signifies a source of continuous exposure to endosulfan. Villagers living in Padre
village use well water or Surunga water as source of drinking water and use even the water
from Kodenkiri stream for washing and other purposes as there is no piped water supply in
the area. The cashew plantation as continuous source for endosulfan is further supported by
the report of the RRSSC which has indicated that the villages are located in the micro
watershed that have steep (slopes, nearly circular in shape, high run off potential, with
predominantly cash crops. It was also concluded from the available data by RRSSC
watershed characteristics are favourable for any aerially sprayed toxicant to reach the soil
water-plant continuum in a very short span-off time and get accumulated.
26
o' <Jt
Medical Findings:
Congenital malformations: Significantly higher prevalence of congenital malformations in
the exposed group points to the exposure of this group to some genotoxic agent, which in the
present study could be endosulfan. However, (here is a need to confirm suspected cases of
congenital heart diseases through further investigations such as echocardiography.
Neurological problems: School Children from the exposed area demonstrated a significantly
higher prevalence of learning disabilities, low IQ and scholastic backwardness further
confirmed by higher rate of failures in this group. These functional abnormalities of the
nervous system again signify exposure to some neurotoxic agent during developmental
stages. Exposure to endosulfan inutero could be responsible for these abnormalities. The
prevalence of other disorders such as epilepsy was not fotind to be different in the two
groups. Severe neurological disorders such as cerebral palsy could not be detected in the
school children. This may due to the fact that such children would not be able to attend
school. Analysis and comparison of the family data would be a better indicator of crippling
diseases.
<.
Abnormalities of Reproductive system: Though SMR could be carried out in limited
number of exposed and control children, the findings are very striking and point to exposure
to an Endocrine disruptor. The girls from exposed area attained mcnarchc early, which was
further confirmed by higher age related skin fold thickness in this group. Menstrual disorders
were also more frequent in this group. Among boys, on the other.hand puberty was delayed
in the exposed group as evidenced by lower SMR scores .in this group as compared to the '
control group. Since the exposed and control group of boys and girls are comparable in their !
nutritional status, these abnormalities signify exposure^to oestrogenic substances and
endosulfan is experimentally shown to have oestrogenic effects. Analysis of blood samples
for reproductive hormones may provide further evidence and is under way.
Other diseases: No significant difference was observed in the prevalence of bronchial
asthma, skin allergies or seizure disorders. However, there was higher prevalence of goitre
'o Galieva
and past history of jaundice in the exposed group.
27
3
o
0
Limitations of the study:
1.
This study is limited to school children and all the children in Vaninagar school may not
come from the affected areas where Endosulfan spray has been earned out.
2.
The study is limited to a defined age group. Some of the cases reported by Dr. Mohan
Kumar e.g. Cancers, Sterility among adults can not be detected in this age group. However,
when the family proformas are analysed, these problem may be partly solved.
3.
Children suffering from disabling diseases may not be able to attend school and therefore
^3
their ailments are not reflected in the present study.
Future Plan of work:
l .jThe data of families of children from exposed and control areas will be analysed.
2- All environmental and biological samples will be analysed for endosulfan residues.
The serum samples will be analysed for hormonal changes. The results of the above will be
submitted after three months,....
>'3
>3
■ 'i
28
Recommendations:
1.
All kinds of pesticide spray should be immediately stopped in the cashew plantation
area of Kasargod district. All methods of pest control other than chemical pesticides
should be explored.
2.
'
—
’J
._
J
Extensive epidemiological studies in the areas where endosulfan has been sprayed
should be carried out to investigate occurrence of illnesses similar to those reported in
0
Padre village.
There is a need for investigating the effects of endosulfan spray on ecosystems in the
exposed areas; especially the streams, rivulets airid ponds.
r>,r>
.
3.
n
4.
Endosulfan residues should be estimated in water; and agriculture produce of the area
such as food grains, cashew nuts, areca nuts, pepper; vegetables, fruits, fish, milk etc.
5.
Epidemiological survey among cattle in the arca'should be made by animal husbandry
•
-'zg#:: ■
There should be regular.monitoring of the exposed population.
The affected persons should be provided relief" ■’
■
•. ttj
ft
6.
7.
r>
department of the state government.'
8.
Finally, wc request the Commission to take note of the recommendations of
Achyuthan Committee appointed by Government of Kerala. (Annexure 7).
J
3
3
3
3
3
J
d
d
29
■O
3
-5
List of Annexures
Annexure- 1.
Report of visit of I.C.M.R. Team to Kasaragod District, Kerala State
for preliminary investigation of the health hazards related to spraying
of Endosulfan in the Cashewnut Plantations, from 9-11 August 2001
Annexure- 2.
Proforma for examination of School Children
Annexure- 3.
Proforma for History Collection of the familieS'Of school children
Annexure- 4.
Satellite-based assessment of Physiographic disposition of a few
villages affected by neurological health problems in Kasargod district,
<f
i-:,
>
Annexure- 5.
Kerala
‘
...!
• i ■
List of Participating Institutes and members
Annexure- 6.
Methodology for Endosulfan Analysis and Cytogenetic Studies
Annexure- 7.
The recommendations of Achyuthan Committee appointed by
Government of .Kerala.. . ,
30
...
-
3
Anncxurc 1
Report of visit of I.C.M.r. team to Kasaragod
District, Kerala State for preliminary
INVESTIGATION OF THE HEALTH HAZARDS RELATED TO
SPRAYING OF ENDOSULFAN IN .THE CASHEWNUT
Plantations, from 9-.14;-(Aubust 2CC T
... ....... ..........
— —>’■■■"........ ..........
<
t
,,«q
'
■
>nUIW.<
JiuOc
'
As per the directives of Director-General ICMR, the following . team'.visited ’ Kasaragod
District of North Kerala from 9-11 August, 2001.
. ' ■'
Dr. H.N.Saiyed, Director, N.I.O.H., Ahmedabadj.,,-
I;-'-:
.bsqC’Tji-r.’Prt- -'■ ...... ' '
..
n
Dr. Aruna Dewan,; DD(SG),:N.I.O.H., Ahmedabad1
:
Dr. H.R. Rajmohan, Officer-in-charge, R.O.H.C., Bangalore
Before and during the visit, the scientists scrutinized reports published in various popular
and scientific magazines ( India Today, 23 July; 2001, Down to Earth, .Februaiy,2001) the
national dailies ( The'Hindu,'22~ July 2001), and local, newspapers about .diseases reported
from various villages of Kasaragod taluka which are being associated with Aerial spray of
Endosulfan on cashew nut plantations in the area. Scientific published data oh Toxicity
profile of Endosulfan was also obtained and scrutinized.
During the visit, the team had discussions with Shri C. K. Viswanathan, District
Collector, Kasaragod District, Dr. Abdul Salam, District Medical Officer, and Dr. Venkatgiri,
Deputy D.MO. Talks were also held with Shri Padre, Dr. Mohana Kumar, Dr. Sripathy
Kajampady and other members of ESPAC ( Endosulfan Spray Protest Action Committee).
The team also met teachers of two schools situated in Vaninagar and Swarga village of
Enmakaje Panchayath.
31
Information
collected
1. Dr. Mohana Kumar, MBBS, who has been practicing in Vaninagar for 20 years , has
noticed a high prevalence of cancers of different organs, neurological disorders like
epilepsy, cerebral
palsy, psychiatric disorders, congenital
malformations and
reproductive problems, asthma and skin diseases during the past 10 years among
villagers living near the cashew nut plantations. He has been writing to various
Medical Associations to get an answer. He has collected 10 years data from his own
records which has been published in different forms in newspapers arid magazines.
He thinks that the diseases are due to aerial spray of Endosulfan, which has been
going on for more than 25 years.
'2. Shri Padre gave copies of reports which he had published way back in 1981 on
congenital hialformations of limbs noticed in cattle and also gave electronic copies of
some recent documentaries prepared by a group from Manipal and another by a
German group.
3. The school teachers of Vaninagar ( Primary school 1-4th standard, Kannada medium)
showed many children who were either mentally or physically handicapped. 50% of
the children attending the school were tribals called ’’Naiks”. They also showed
minutes of the School Resource Group (SRG) meeting held on 3-1-2000 where it
was written that the teachers were perplexed that students coming from the plantation
side seemed to have low IQ, frequent illness and many had physical deformaties. It
was also remarked by one teacher that in the secondary school, the results of 10 th
standard examination have been very poor in the last few years.
4.
In the school at Swarga (l-7lh Standard), there were no physically abnormal children
but there were many children with low IQ.
5.
The District Collector and D.M.O. were very much concerned about the health
problems in the Taluka. The State Government had asked the DM0 to undertake a
health surveillance study in the affected areas but the funds provided were very
meager.
32
Conclusions:
After this preliminary visit and first hand discussions with various authorities,
and available information on Endosulfan, it is felt that there is a need to
undertake a well designed epidemiological study to find out the disease pattern
in the affected areas and compare the same with a control village. The diseases
observed do not fall in any specific category, but they could be linked to some
factors causing genotoxicity. The causative agent may or may not be
endosulfan br it may be something in addition to or other than endosulfan.
Future Plan of Action:
The I.C.M.R.
is planning to undertake a cross-sectional
Environmental-
Epidemiolo-gical Study, through its National Institute of Occupational Health,
Ahmedabad. This study will be carried out to investigate the disease pattern in the
affected villages and control population. The study will be carried out in villagers,
school children and plantation workers, and is expected to be completed within a
period of six months.
It is requested that the National Human Rights Commission may write to the
concerned Health authorities of the State to provide fullest co-operation to the
I.C.M.R. to undertake this study.
33
Annexlire -2 Proforma for Medical Examination of School
Children
National Institute of Occupational Health
(Indian Council of Medical Research )
Health check-up for school children in Kasaragode
Part-I
Date of Interview
Individual ID
Name
•Ij-Jno.’t:.:
gj,Date of Birth
Age
■
(Cross check from school record)
' (IF DATE OF BIRTH IS NOT AVAILABLE)
, Family ID
Sex Male
Female
Name of the School
Standard in which studying
34
Have you been retained in any class
Yes
No
If Yes, give details
Residential Address (Name of the village & Location of the house in the village)
Have you ever worked in the cashew nut plantation during your vacation or
otherwise?
-:r. ■ '
Yes
No
If yes
Year
Duration
Months
Days; ;
The examining physician should record the presence or absence of each symptom
and its duration and explore further history to give any provisional/possible
diagnosis for each symptom complex after clinical examination.
35
Present History
Do you suffer i.om any of the following symptom
Months
Duration._________ ____ _
Days
Duration.
Months
Days
Yes
Symptom
Years
Cough
Expectoration
Breathlessness
Palpitation
Convulsions
Frequent cold and coughs
Jaundice
Skin problem
•
Any other symptom
Past History
Did you suffer from any of the following symptom
Symptom
Yes
Years
Cough
Expectoration
Breathlessness
Palpitation
Convulsions
□’
o
Frequent cold and coughs
Jaundice
1
Skin problem
Any other symptom
Describe any other symptom if present try also to give probable diagnosis :
36
Co
Co
s-0
- Co
History of hospitalization
Have you ever been hospitalized
•»rO
,k
Yes
No
If yes, the reason for hospitalization
Duration of hospitalization
Name of the hospital
Any case papers available
Give details
Co
PHYSICAL EXAMINATION
ANTHROPOMETRY
Co
-; Co
Height(Cm.)
rm
.Upper segment(Cm.)
nnn
.Lower segment (Cm.)
nrrn
.Weight (Kg.)
rm
Head circumference (Cm.)
□nn
Skin fold thickness over tricepts (mm).
nun
.Arm span (Cm.)
rm
<-tro
CCo
Qto
Jt'O
, Co
to
Co
37
ENERAL EXAMINATION
B.P. Systolic I llll-biastolic film
Teeth
Eyes
Lymphadenopathy
Tongue
Nails
Oedema
Anemia
Nails
Respiratory system
Normal
Abnormal
if abnormal, Give details below
Cardiovascular system
Normal
Abnormal
if abnormal, Give details below
No
Yes
S KIN
Evidence of allergy
38
Give details
Mental status (1 Q)
Normal
Give details
abnormal
Sexual Maturity Rating
PROFORMA FOR GIRLS
A. Menstrual history:
Do you menstruate?
No.
Yes.
If yes, answer following questions
Age at menarche
Cycle:
Regular
Duration :
Irregular (give details)
(No. of days)
Flow: Scanty
Moderate
Excessive
Associated symptoms : 1. Abdominal pain1
-
2. Premenstrual tension
Axillary hair:
If present,
Absent
Present
(a) Site and distribution
(b) Colour
(c) Amount
Distribution of fat:
Hips
Lumbar area
Axilla
Back
Feminine characteristics :
Oily
Skin of the face : Normal
No.
Yes
Broadening
Dry Presence of acne
of pelvis :
Sexual Maturity Rating (SMR) by Tanner's classification :
1.
SMR of breast changes
2.
SMR of pubic hair
_____
_________
3. SMR scoring (Grade I to V)
PROFORMA FOR BOYS
Absent
Axillary hair :
Present
If present,
Site and distribution_________________________
Colour____________________________________
Amou n t____________________________________
Facial hair :
If present,
Present
Absent
Site and distribution__________________________
A m o u n t____________________________________
40
Distribution of hair on other parts of body :
Chest:
Yes
No
Hair line (from umblicus to pubic symphysis): Yes
If Yes, whether
No
Thick
Thin
Childhood type
Feminine type
Breaking of voice
Yes
No
Appearence of cricoid cartilage
Yes
No
Broadening of shoulders
Yes
No
Acne on the face :
Present
Absent
Voice :
Normal
Masculine characters :
Orchidometry:
Sexual Maturity Rating (SMR) by Tanner's classification :
1. SMR of pubic hair
2. SMR of external genitalia and testes
3.
SMR scoring (I to V)
4I
Congenital malformations
Skeletal
No
Yes
Hypospadias
No
Yes
If yes,
Mild
Moderate
Cryptorchidism
If yes, describe
Severe
No
Yes
Congenital Cardiac disease
No
Yes
If yes, describe
Neural. Tube defects
No
Yes
If yes, describe
On the basis of history and clinical examination please give a provisional diagnosis
Bronchial asthma
Yes
No
Allergic dermatitis
Yes
No
Malformations
Yes
No
Neurological problems
Yes
No
Cancer
Yes
No
Hormonal imbalance
Yes
No
Congenital
42
Does the child need
further referral
Neurologist
No
Yes
Psychologist Oncologist
Endocrinologist
I
43
If yes, which speciality
Dermatologist
Annexure 3 Family Proforma
Family ID
Name of the Fa ther
Caste
Tribal
Non-Tribal
Residential Address
Is the house in your name
Yes
No
If no, who is the owner
Since how many years you are staying in this area
Family occupation
DO YOU HA VE YOUR OWN LAND
NO
YES
If yes, what are the crops in your land
Do you use any pesticide
No
Yes
If yes, name
Occupation
Farmer
Plantation workers
44
Others
Father
Mother
Other family members
Food
Non
Vegetarian
habits
Vegetarian
ANY SPECIAL FOOD HABITS PECULIAR TO THE FAMILY
Any ayurvedic herbs used routinely
Any
storage
Source of drinking
water
Stream
Name of the stream
Well
Suranga
Any cattle
No
for
methods
in the family
Yes
If yes, how many & which type
Any cattle with physical abnormalities
Yes
No
Any cattle suffering from convulsions
Yes
No
Any deaths of cattles
Yes
No
45
foods
Details of the
family members
S.No.
Age
Sex
R*
Any
disease
Staying
with
family
Age
Sex
R*
Cause of
death
Date of
death
Name
Deaths in the family
S.No.
Name
R* relation
Maternal history
Present age
Age al marriage
Consanguineous marriage
Yes
46
No
Obstetrical history:
Serial
number
pregnancy
of
1
2
Age at pregnancy
FTND
Premature
Stillbirth
Abortion
Congenital malformation
Neonatal death
Any special diet during
pregnancy
Any illness or fever
during pregnancy
47
3
4
5
6
Sexual Maturity Rating (SMR) - Marshall and Tanner Classification
GIRLS:
Breasts
Preadolescent
.'12a"
•
Sparse,
lightly pigmented
medical border of labia
straight
Breast and papillae elevated as smal
mound; areolar diameter increased
Darker,
amount
increaser
■t^?4?-,‘
Breast and areola enlarged, No contoir
separation
£if4.fs
beginning
to
curl,
Coarse, curly, abundant but amount les: Areola and papillae, form secondary
-...than in adult
mound
-'.Adult feminine triangle, spread to media
‘surface of thighs
Mature, nipple projects, areola part o
general breast contour
BOYS:
I
None
2
Scanty,
pigmented
3.i
Preadolescent
Preadolescent
Slight enlargement
Enlarged
scrotum
pink texture altered
Darker, starts to curl, smal
amount
Longer
Larger
4.i
Resemble adult type, but les:
in quantity, coarse, curly
Larger, glans and breadtl
increase in size
Larger, scrotum dark
5.i
Adult distribution,, spread It
medial surface of thighs
Adult size:
Adult size:
long,
slight!}
48
DEPARTMENT OF SPACE
GOVERNMENT OF INDIA
INDIAN SPACE RESEARCH ORGANISATIOREGIONAL REMOTE SENSING SERVICE CENT.
40lh Main, Eswar Nagar, Banashankari.
Bangalore • 560 OTo. India
HRT1 TR31R
3rj7-ircn^
vfWt
TiSen Trai ;>>=?
40. ui ijjpi T’f. <5<r w. nwnfl.
^TcJ? - 560 070. ’IRU
SPH1 6661003 / 6662995
953=0
6661059
ll-ihTl =PO1
HR 5TR1
Telephone : 6661003 / 6662995
Fax : 6661059 Grams : ISRO
Dr. P P Nagcswara Rao
Head, RRSSC-B
November 07, 2001
No.RC'BG. 20.91
Dear Dr. Saiyed,
In continuation of our letter dated September 19, 2001 please find enclosed satellite based
assessment of physiographic disposition of the villages affected by neurological health
problem in Kasargod district. The satellite images (A4 size) are also enclosed for the study
area Your feedback on the report would be very valuable for us.
We will be very glad to provide any further clarifications in this regard.
With regards,
Yours sincerely,
(P P Na
Dr. H N Saiyed
Director
National Institute of Occupational Health
Meghani Nagar
Ahmedabad - 380 016
Cc: Officer-in-charge, KOHC(S), Bangalore.
43
TfacfR ^<TI
REGIONAL REMOTE SENSING SERVICE CENTRE
Annexlire 4 Satellite-based assessment of Physiographic disposition of a few villages
affected bv neurological health problems in Kasargod district, Kerala
1.0 Introduction:
A quick analysis, done using 1 :25,000 scale toposheets, showed a favourable disposition
of the croplands and villages to easily come in contact with any persistent toxicant. This
was further examined in detail for a few specifically identified villages (as per the list
given
by
Regional
Occupational
Health
Centre,
Bangalore
vide
their
letter
No.ROHCS/700/881 dated 4-10-01 ). This report gives salient findings of the assessment
done using satellite remote sensing and field survey.
2.0 Satellite-data used:
Linear Imaging Self Scanning Sensor (LlSS)-ill data of path 98 and row 65- of Indian
Remote Sensing Satellite (IRS) -ID acquired on January 18, 1999 was used. Digital data
was analyzed using the computer facilities at the Regional Remote Sensing Service
Centre (RRSSC), Bangalore.
3.0 Field visit:
A field visits and "ground truth" collection was carried out during November 2-4,2001
4.0 Analysis of satellite data:
Supervised classification algorithm was applied wherein for
each pixel the probability of its falling into a particular land
cover I land use class was defined by a set of statistical
parameters (based on mean, variance and convenience among
four spectral bands of LISS- ill sensor). The spectral response,
spectral separability and accuracy of delineation of different
land cover types were examined using standard algorithms
50
available with RRSSC- Bangalore.
5.0 Analysis outputs:
5.1 False Colour Composite (FCC):
In the FCC prepared for the study area (Plate-1 ), live vegetation is represented in shades
of orange, red .and magenta depending on its condition and type. Deep and clean/clear
water appear black, progressively changing to blue shades depending on depth and
sediment loads. Lateritic rock surface and bare soil appear in shades of cyan and grey
depending on area exposed and soil moisture. Natural vegetation (reserved forest) is
bright red in colour, Arecanut and Coconut plantations in the valleys are dark red and
Cashew plantations on hill slopes are pink in tone and fine textured. A portion of the
major road from Vittol to Hosdurg passing through Perla town, road from Perla to
Bettampadi via Sorga village, road to Yetteduka, Kumbadje, Kajmpadi villages are shown
in white. The watershed boundaries of the micro- watersheds covering the affected
villages are shown in blue.
5.2 Computer classified output:
Plate-2 is the computer-classified output showing the different land cover/usc, water
source and built-up land. Casnew plantations are yellow in colour, natural vegetation
(reserved forest) in dark green, Arecanut and Coconut in the valleys are light green in
colour. The white tones are built-up areas (villages, towns, houses etc.,) located on
lateritic hillocks (bluish green) and along the valleys. The dark red tones in the valleys are
also mixed plantations of Arecanut plus Coconut with Banana.
6.0 Salient findings:
The entire study area was divided into physiographic units (watersheds) which collect
precipitation and serve as storage for waler and sediment (micro-watersheds of size 500
to 1500 ha. ). Such an approach is necessary to know how aerial-sprayed toxicant moves
through the drainage system.
51
The aerial sprayed toxicant that falls on the hill-slopes move down the slopes as surface
and sub-surface flow and get collected in the streams. The smaller streams (first ordi r)
feed water to the larger stream and eventually the water exits the drainage basin al ihc
basin mouth. The volume of water that exits the drainage basin per unit time (stream
discharge) is much faster from the circular or fan shaped watersheds than in an elongah d
watershed.
Circularity of the watersheds was calculated as follows:
A = Area of the basin
p = Perimeter of the basin F = Shape factor
As F approaches 1, the basin shape approaches a circle. As F becomes 0, the basin shape
tends to be linear.
The rainfall of the study area was found to be 20-30cms per month during spraying
season (October to December) and does not seem to vary much between the villages
affected. The only prominent difference could be in the topography, vegetation
distribution and watershed size and shape. Hence, further analysis was carried out on
these characteristics.
Slope Characteristics:
The watershed covering Kumbadaje and Bellur villages has an average slope of 10%
(moderately steep) that of Kajampadi and Sorga villages (Padre) has steep slopes (average
25%). Whereas the watershed covering Vaninagar and Nattanige have 20% slope (steep).
Circularity ofwatersheds:
It was found that the micro-watersheds covering Kumbadaje village has a circulatory of
03, Belluru village- 0.8, Nattanige village-1.0, Vaninagar village-0.8, Sorga village-0.8,
Kajampady village-0.84.
52
Vegelation characteristics:
•
In the micro-watershed covering the Kumbadaje village, the Cashwnut plantations
are about 2 to 3 ha/sq.km. and has 4 first order streams originating from cashew
plantations.
•
.In the micro-watershed covering Belluru village, the Cashew nut plantations are
about 15 to 20 ha/sq.km and have 16 first order streams originating from cashew
plantations.
•
.Kajampady micro-watershed has 6 to 10 ha of Cashew nut plantations per sq.km
of geographical area and has 5 to 6 first order streams originating from the cashew
plantations.
•
.Padre village micro-watershed has about 6 to 10 ha of cashew per sq.km of
geographical area. It has
12 first order streams originating from cashew
plantations.
•
.Vaninagar village and Nattanige village micro-watershed has about 5 to 8ha of
cashew per sq.km of geographical area. About 6 first order streams originating
from cashew plantations.
•
.Bantaje reserved forest at an altitude of 280-312 meters above MSL. acts as a
barrier to NE winds thus allowing the sprayed chemical to settle down on the
narrow valleys.
Conclusions:
•
The physiographic analysis and vegetation type distribution shows that the
villages affected by the neurological health problems are located in the
microwatershed that have steep slopes, nearly circular in shape, high run-off
potential, with predominantly cash crops (viz., Cashew, Arecanut, Coconut etc.)
•
The soils of these watersheds are lateritric and porous ill' nature with an
•
The first order streams of the drainage system arc originating from the cashew
impervious clay layer at the lithomerge.
planted on the steep to moderate hill slops of these watersheds.
53
•
Majority of the habitations (built-up areas) arc along the valleys and close to the
stream banks.
•
Most of the inhabitants depend on run-off water for their domestic and irrigation
purposes.
•
The watershed characteristics are favourable for any aerially sprayed toxicant to
reach the soil-water-plant continuum in a very short span of time and gel
accumulated.
•
Therefore, there is an urgent need for stopping any form of spraying of toxicants
on the cash crops of these watersheds.
Sd/- Dr. P.P. NAGESWARARAO
Head RRSSC
Regional Remote Sensing Service Centre
Govt.of India
Department of Space, ISRO, Bangalore
54
55
•fiis
Annexure 5 List of Participating Institutes and members
Principal Investigator
Dr. H.N. Saiyed, Director, .
Co-Investigator
Dr. (Mrs.) A. Dewan, Dy. Director (S.G.), NIOH,
Ahmedabad
Participating staff
National Institute of Occupational Health, (NIOH), Ahmedabad.
Analytical Work
Dr. T.S. Patel, Dy. Director
Dr. V.K. Bhatnagar, S.R..O.
Dr. Rekha Kashyap, S.R.O.
Dr. S.N. Sinha, R.O.
Mr. M.R. Varia, R.A.
Mr. N.M. Desai, R.A.
Mr. M. M. Mansoori, Lab. Asst.
Cytogenetic Assay
Mr. B.C. Lakkad, Asst. Director
Mr. A.M. Suthar, T.O.
Mr. M.M. Patel, R.A.
Mr. A.K. Gautam, R.A.
Hormone Assay
Dr. K. G. Patel.
Dr. S.S.A. Zaidi, Asst. Director
Mrs. S..I. Gandhi, T.O.
Mr. K.A. Patel, Lab. Tech.
Mr. J.K.. Dabhi, T.A.
Mr. R.C. Kushwah, Field Attendant
Statistical Analysis:
Mr. P.K.Kulkarni, Dy. Director
57
Participating staff from ROHC (Bangalore)
Dr. 1-1.R. Rajmohan. Dy Director
Mr. B.K. Rajan, Asst. Director
Mrs. Lalitha Nagaraj, R.A.
Mrs. M. Ramasubbama, Field Asst.
Mr. H.C. Rangaswamy, Lab. Attndl.
Participating staff from
Mangalore.
Department of Pediatrics, Kasturba Medical College,
Prof. U.V. Shenoy
Dr. Rathika D. Shenoy
Dr. Roshan Ann Oommen
Dr. Sangectha Mahesh
Dr. Duggabatti Anjaneya Prasad
Dr. Vasanth
Dr. Prathiba Kamalh S
Dr. Siddharthan S.
Dr. E. Venkatakamalakar Rao
Dr. Habib Alam Raza
Dr. Bodla Hari Prasad
Dr. Syed Mohamed Omran
Dr. Venkatagiri Pravecn Kumar
Dr. Podalakur Madhusudhan Rao
Dr. Venkata Ravanamma P.
Dr. Vadlamudi Radha Madhavi
Dr. Maya Menon
58
Annexure 6 Methodology for
Endosulfan Analysis and Cytogenetic Studies
Blood samples were collected for the following investigations.
Endosulfan residues
Hormonal analysis
Cytogenic studies
5-7 ml blood sample was collected using vacutainer syringes under aseptic conditions
and in randomly selected cases, 0.5 ml of the blood sample taken in heparinized sterile
vials for tissue culture to study chromosomal aberrations and SCE. The remaining blood
sample was centrifuged at 5,000 rpm for 5 min and serum was separated. The serum
samples were transported every day and stored at -20°C at Kasturba Medical College,
Mangalore. A total of 262 blood samples (170 exposed + 92 control) were collected from
children and coded. The serum samples were carried by air under dry ice (-80°C) to
NIOH, Ahmedabad for further analysis.
Endosulfan Analysis:
Soil samples:
Soil samples were collected for estimation of endosulfan residues in the polythene bags
from the different locations in the cashew nut plantation on Pcriyatncar Kajampady hill
and sediments from the ponds of Kodenkiri and residential area. Eight soil samples were
collected in polythene bags from the exposed area (Village Vaninagar Padre) and three
samples from the control area (Miyapadavu, Mccnja Gram Panchayat.). The soil samples
were collected after digging to a depth of I foot.
Water samples:
A total of seven water samples were collected from the exposed area (Village
Vaninagar Padre) and three samples from the control (Miyapadavu, Meenja Gram
Panchayat). The collection sources were the well, hand - pump, Kodenkiri stream’s
water and residential area. The samples were collected in IL brown coloured glass
bottle and HgCl2 was used as preservative.
Extraction, Cleanup and Quantification of Endosulfan:
59
The method for endosulfan analysis was based on EPA method Section 5, A
(3), (a).
Blood
0.5 ml serum was taken in a graduated round-bottom centrifuge tube and
extracted with 6.0 ml of Hexane (HPLC grade, Qualigen). The contents were
mixed and extraction conducted for 2 hour? on a slow speed roto rac shaker. After
the settlement of the contents, 5.0 ml upper layer of hexane extract was taken in a
separate tube and concentrated to dryness under the stream of N2. The residue was
made up to appropriate volume in hexane and a suitable aliquot was analysed by
GC-ECD.
500 ml of water was taken in a separatory funnel. The sample was partitioned with
50 ml portions of methylene chloride (twice). The aqueous layer was then discarded.
The combined layer of methylene chloride was dried on anhydrous sodium sulphate
and concentrated to dryness. The residues were then transferred in hexane and
finally quantified by GC - ECD.
Instrument Conditions
The GC (HP Model 6890 equipped with Electron capture detector)
Instrument conditions were :
Oven initial temp 80°(
Ramp rate 20°C per min to 200°C;
Capillary column
: HP5, 60 m, 0.25 mm id, 250 pm;
Injector Port temp
: 220"C; Splitlcss mode
Detector temp
: 275°C;
Carrier gas
Standerd refrenee material
: N2 (UHP grade)
: a- Endosulfan (99.0%)
: [J - Endopsulfan (99.0%)
: Endosulfan sulphate (99.0%)
These standards were procured from CCSR1,
Excel Estate, Mumbai.
60
Minimum detection limit
The minimum detection limits of a- Endosulfan, p - Endopsulfan and Endosulfan
sulphate were 1, I and 3 pg/pl respectively.
Confirmation Tests
(1)
A case of acute poisoning due to Endosulfan was referred to NIOH
Poisoning Information Centre on 04-12-2001, by Civil Hospital, Ahmedabad
In this patient, the blood samples were collected at the interval of 6 , 30, 54,
and 78 hours. The patient died on the 5,h day due to multiple organ failure.
Tissue samples will be obtained from FSL and analysed for endosulfan. The
various residues (a-Endosulfan, P-Endopsulfan and Endosulfan sulphate) and
standard chromatogram were further confirmed by GC-MS (Varian GC 3800,
MS detector Saturn) (Figure 1,2 and 3).
(2)
The recovery tests were performed to check the efficiency of the
extraction procedure of the estimation of endosulfan residues in the samples.
Such recovery tests were performed from time to time.
Analysis of the samples (biological and environmental) for the endosulfan
residues concentration is in progress.
Confirmation of Peaks Relating to Endosulfan Residues by GCMS
Analytical resolution of various residues of endosulfan (a- Endosulfan , p -
Endopsulfan and Endosulfan sulphate) in the study samples collected from the population
of Kasargod, Kerala
by GC-ECD requires further confirmation by GC-MS technique.
We performed confirmatory tests employing standard endosulfan samples and serum
sample of a positive control (an acute poisoning patient who consumed endosulfan) and
study population with following objectives.
1.
To confirm the residues of a- Endosulfan, p - Endopsulfan and Endosulfan
sulphate in scrum samples of acute poisoning case and study population using
GC-MS.
61
To establish the minimum detection limit of a-endosulfan, p - endosulfan and
endosulfan sulphate by GC-MS.
Method :
The standards a-endosulfan, P - endosulfan and endosulfan sulphate were procured
from CCSR1, Excel Estate, Mumbai. Standard stock solutions were prepared in
Hexane (HPLC grade, Qualigen) and further diluted of required strength. A
case of acute poisoning due to Endosulfan was referred to NIOH Poisoning
Information Centre on 04-12-2001, by Civil Hospital, Ahmedabad.
In this
patient, the blood samples were collected at the interval of 6 , 30, 54, and 78
hours. 0.5 ml serum was taken in a graduated round-bottom centrifuge tube and
extracted with 6.0 ml of Hexane (HPLC grade, Qualigen). The contents were
mixed and extraction conducted for 2 hours on a slow speed roto rac shaker.
After the settlement of the contents, 5.0 ml upper layer of hexane extract was
taken in a separate tube and concentrated to dryness under the stream of Ni.
The residue was made up to appropriate volume in hexane and a suitable
aliquot (1 pl) was analyzed by GC-MS. (Varian GC- MS Saturn 2000 system).
Instrumental conditions were :
DB-5 capillary column (30 m X 0.25 mm (id) of 0.25p.m particle size) at a flow rate of
1ml / min of He gas. MS was operated in El Auto ionization mode. The detail
instrumental condition arc as .
Column oven :
Temp °C
Rate (°C/min)
Hold (min)
62
Total (min)
0
n d n n n T) n n®. n. r? n n n n n.
Initial
80
0.0
0.0
0.0
Final
250
5.0
6.0
40.0
INJECTOR :250°C
INJECTION MODE:
Split ratio
Time
Split mode
Initial
On
10
0.00
Off
Off
5.00
On
10
-p .9 tj p
RESULTS
Spectrochromatograms of the standard mixture of a-endosulfan, p - endosulfan
and endosulfan sulphate shown in spectrochromatogram la, b & c clearly
defines that the molecular ion peaks were obtained at M/Z 339, 339 and 422
^®9 p-p-5 5>5A)°c5c
respectively, and also the retention time at 28.8, 30.909 and 32.453 were
obtained for a-endosulfan, P - endosulfan and endosulfan sulphate as
confirmed by NIST and Saturn MS library search. The results on the three
peaks for a positive control and standard samples as confirmed by GC-MS
also stands for the residues of endsulfan present in the study population But as
the minimum detection limit of a-endosulfan, P- endosulfan and endosulfan
sulphate by GC-MS were 100 pg/pj for each and is higher as compared to GC63
ECD detection limil,( for a-endosulfan lpg/pl, P - endosulfan 1 pg/yl and
endosulfan sulphate 3 pg/pl) the results as confirmed by GC'-MS may relied
indirect confirmation for the samples of the study population. The spectro
chromatograms of scrum sample are given in spcctrochromatogram 2 which
confirm the presence of. a-endosulfan, P - endosulfan and endosulfan
sulphate in the sample. The relevant parameters used foi identification and
confirmation of these compounds are given in table
TABLE-1
Identification Parameters of serum sample of acute poisoning case
Compound
Base peak
Molecular ion
peak
Retention
time (min)
a-Endosulfan
85
339
28.808
P-Endosulfan
85
339
30.909
Endosulfan Sulfate
272
422
32.453
64
Chromatograms of alpha-Endosulfan in standard,
a poisoning case and study subject.
r—YvJjbl4.CH1
^mpteT2002.CH1
q^rkOOl CH!
<r
■(r< r< rirw d d * / d d a d U id'd 'd'd
’
id d u d dd d d a
Figure - 1
2.5E+06
I
2.0E+06
1.5E+06
1.0E+06
5.0E+05
32.00
34.00
36.00
38.00
40.00
42.00
44.00
46.00 [min]
Figure - 2
Chromatograms of beta-Endosulfan in standard,
a poisoning case and study subject.
66
Figure - 3
Chromatograms of Endosulfan sulfate in standard,
a poisoning case and study subject.
67
Chromatogram Plots
Plot 1 • c Xdata'endo cal detXendo cal 1 ppm.sms RIC all
Plot 2: c 'satumws\data\endo cal dettendo cal o.5.sms RIC all
oior 3- c:\ vi2!a>enoo cal det\endo cal new 0.1.sms RIC all
Spectrochromatogram la
Chromatogram Plots
Plot 1' c:V. tdatatendo cal dettendo cal 1 ppm,sms RIC all
Plot 2: c:tsatumwstdata\endo cal dettendo cal o.5 sms RIC all
Plot 3- cA . Watatendocal deltendocal newO.l.sms RIC all
Spectrochromatogram lb
Chromatogram Plot
Spectrochromatogram
Sample: endo std repeat
Sample Notes
Operator Dr. T S. Patel
19-0ec-01 3:15 PM
Spec: 1
SP IBS (4res-100*1 ornol. J.l.vm
Scan Range: 1 - 2600 Time Range:. 0.00 - 39.98 min.
"
29.794 mn.Scam: 1653-1855 Coin: all Ion: NA R1C: 149929 BC
Cytogenetic Studies:
Method for Peripheral Leucocyte Culture for Chromosomal Aberration:
Sample Collection:
A total of 48 Blood samples were collected from exposed and conl.ol
subject by vein puncture, in heparinized sterile syringe.
The blood samples will .ic
transported to the laboratory, set up in the field, in a well-insulated ice-box.
Culture Technique:
48 Cultures in duplicate were set using Method of Morhead et jl,
(1960) for each of the subject using 7 ml of R.PM1 - 1640 medium (pH 7.4) supplmentcd
with 15% fetal bovine serum, and 0.1 ml of phytohcmagglutanin (PHA). 0.5 ml of blood v .is
added to each culture vial and incubated at 37"C for 72 hrs. 2 hours prior to the harvesli tg
10 pl/ml colchicine was added to each culture vial. The culture vials were centrifuged at
1000 rpm for 10 mins. Than the medium was discarded. The cell button was suspended it- 5
ml of 0.075 M KC1 solution at 37°C for 10 to 15 mins, followed by centrifugation at IOjO
rpm for 5 mins. Freshly prepared 1:3 acetic acid methanol fixative was added slowly to the
cell button and then cell were suspended. The fixative was changed 2 times at an interval of
10 mins. each. After final centrifugation the cells were suspended in adequate fresh fixative
to form a slightly milky suspension. Then 1-3 drops of cell suspension were dropped evenly
from a distance on wet, clean grease free slide. The slide were kept in a standing position
and allowed to dry at room temperature.
For studying the chromosomal aberration slides were stained with 4% Giemsa in Sorenson’s
buffer (pH 7) for 10-15 mins. About 50 well spread metaphases were scored for various types
of aberrations in each of the subject from blindly coded slides: Statistical analysis done by
using student ‘t’ test.
Chromosomal aberration scoring Criteria:
1.
Chromatid Gap: a non-staining, constricted region in the chromatid arm on
alignment with damaged segments of the chromatid.
2.
Chromosome Gap: Chromatid gaps involving both chromatids at iso-locus
points of the chromosome arm.
72
3.
Chromatid Break: a non-alinged broken chromatid or die attenuated region
being wider than the diameter of the chromatid.
4.
Chromosome break: iso-chromatid breaks resulting in terminal deletion and
intercalary fragments.
5.
6.
Ring: intra-chromatid exchange giving rise to a ring like configuration.
Dicentric: chromatid exchange involving two chromosomes with intact
centromeres.
7.
8.
Exchange: configuration involving inter-chromatid exchanges.
Miscellanous Aberration: unusual configuration, severely damaged (> 10
aberrations), endoreduplication (duplicated chromosome lying side by side) and
chromatid saperation.
Sister Chromatid Exchanges (SCEs):
Sister chromatid exchanges (SCEs) were evaluated using method of Perry and Wolff
(1974). 5 bromo-deoxyuridine (BrdU), 10 pg/ml of culture medium was added 24
hours after setting up of cultures. The cells were harvested after 72 hours of
incubation. Metaphase chromosomes were prepared and stained with Hoechst 33258
and 4% Giemsa after 3 days of preparation of slides. The average number of exchanges
per metaphase were determined through examination of well spread 25 metaphases for
each subject. The result for SCE was statistically analyzed applying student‘t’ test.
References:
1.
Morhead, P.S.; Nowell, P.C.; Millman, W.J. and Hundcrford D.A.:
Chromosome preparation of leucocytes cultured from human peripheral
blood. Exp. Cell Res. 1960,20,613-616.
2.
Perry, P. and Wolff S.: New Giemsa method for differential staining of sister
chromatids. Nature: 1974,251,156-158.
73
Annexure 7 1 he recommendations of Achyuthan Committee appointed by
Government of Kerala.
Date 30-11-2001.
DR. A. ACHYUTHAN
B. Sc. Eng.. M. S.. Ph. 0
M.I.S.T.E. F.I.E. (India) Chartered Engineer
113780. AMOOLYAM. BILATIIIKULAM. CALICUT. KERALA- 673006
Phone: 0495-360393 3nS389
To,
Dr. H. N. Saiycd
Director, National Inst, of Occupational Health,
Meghaninagar, Ahmedabad, 380 016.
Dear Sir,
Sub: Aerial Spray of Endosulfan in Cashew Plantation.
Ref: Your letter No. .3/4/10(1)14/2001 dated 11Oct. 2001
As soon as I had received your letter referred to above, I had sent the acknowledgement letter
through e-mail. But it was not delivered there. 1 am enclosing a copy of the letter.
The report was submitted on 22 1 1 200 I. 1 am sending you a copy of our Conclusions
and Recommendations for your kind information. The detailed report is with the
Director of Agriculture, Govt, of Kerala, Vikas Bhavan, Trivandrum 695 032.
Regards,
YoursTruly
Sd/-
Achythan.
74
k
o
o
o
o
7. CONCLUSIONS & RECOMMENDATIONS
After a detailed study of the data, and the oral and written statements and site visits, the
Committee has arrived at the following conclusions.
1.
The cashew plantations of PCK Ltd. in Kasaragod District are all located in the
undulating hilly areas (Refer Plan - Annexure 21). The plantations are spread in
isolated patches and are intertwined with habitations. The topography of the area
precludes the possibility of aerial spraying observing all the protocols.
■' CO
c co
- co
- co
2.
There are a large number of wells inside and just outside the plantations area. Several
streams originate there. The water from the plantations (situated on the hills) can run
off into the valleys inhabited by local people. The revulets Panathur and Karicheri,
which are fed by streams originating from or passing through the area, are tributaries
CO
of Chandragiri river, which supplies drinking water to Kasaragod town and several
Panchayaths. The surangams, from which the local people draw water, are cut deep
into the hills forming the plantations. They are prone to contamination by chemicals
applied in the estates. Therefore, the hydrology and morphology of the area are
unsuited for aerial spraying.
3.
The human settlement pattern of the area also makes the plantation area unsuitable for
aerial spraying. The adjoining areas are thickly populated. There are large number of
houses inside the plantations. There are pockets of human settlement surrounded on 3
sides by the plantations. There are large number of houses and wells inside and just
outside the plantations. The local people allow their cattle to freely graze in the
plantation area. There are several schools inside and just outside the plantation area.
Even the Pesticide Manufacturer^ and Formulators Association has agreed to the view
that the area is not ideal for aerial spraying of pesticides.
4.
The PCK has not been following the rules prescribed for aerial spraying. This has
been reported by the District Collector, all the functionaries of the Panchayaths who
deposed before the Committee, the experts and the great majority of general public.
There was no effective supervision of spraying and no monitoring of the
precautionary measures and the after-effects.
75
5.
The same pesticide endosulfan was used continuously from 1981 onwards, in spite of
the recommendations of Research organisations rotate the chemicals. The reason
given by the PCK is that endosulfan is the most economic pesticide available in the
market, liven the possibility of the bugs acquiring immunity to endosulfan due to long
exposure has not been considered by the PCk.
6.
As in the cases of most other pesticides, endosulfan can cause acute toxicity in
animals and human beings due to over exposure. That is why strict protocol is
prescribed for its use. Though chronic toxicity due to long term exposure has not been
convincingly established, it can not be ruled out.
7.
There are repons of health problems free three Panchayath adjacent to the plantations.
There is no direct evidence to attribute these directly to endosulfan pollution, but
there is no evidence to completely deny it. Other usual causes like pollution from
automobiles and industries are absent here. The only activity that is not normal is the
aerial spraying of endosulfan. The pesticide is applied without observing the safety
rules. The same chemical is used for 2 decades. Hence at this point of time, there is
no evidence to implicate or esxonerate endosulfan as the causative factor oj the
health problems. But. the proofof absence cannot be taken as the absence ofproof. In
all environmental pollution problems, the onus of responsibility to prove or disprove
the cause-effect relaationship should be that of the polluter and not of the general
public who are the victims of pollution. Since cashew is an important export item
earning revenue to the State and a large number of workers arc involved in it,
publicity to the pollution from endosulfan spray can prove detrimental to the industry.
On the basis of the investigations and the above conclusions, the Committee recommends the
following measures to be adopted.
1.
Ban aerial spraying of pesticides in all the cashew plantations of PCK Ltd. in
Kasaragod District.
2.
Use of endosulfan in the PCK plantations of Kasaragod District should be frozen for
5 years.
76
3.
In the cashew plantations in the Perfla Division (which includes Enmakaje
Panchayath), a total pesticide holidy should be observed for 5 years. This plantations
should be left to the nature during these 5 years. Detailed studies on tea-mosquito bug
menace and its relation to the crop productivity should be made during this period.
4.
In the other plantations of PCK in Kasaragod district, need based ground spraying,
(manual or power-operated) of pesticides other than endosulfan may be resorted to, in
consultation with research organisations.
5.
The pesticide management and plant protection of PCK should be scientifically
organised.
6.
7.
f.
Research efforts to evolve integrated pest management (IPM) should be augmented..
Breeding programme to develop cashew strains resistant to tea-mosquito bug should
be undertaken.
8.
Since the cause of the human health problem cpuld not be deduced conclusively, a
detailed investigation involving scientists from all related fields should be conducted
to identify the risk factors for the high morbidity in the Padre village and other
affected areas. A detailed health survey should be conducted in the Padre village and
other areas from which cases of abnormal health problems are reported. The health
survey should cover the plantation workers also.
9.
Since most of the people who complain about health problems are from the poorer
sections of the community, the Government should make arrangements to provide
special medical care to these persons.
10.
The Government should take all steps to implement these recommendations ane
dispel the fears regarding pesticide application.
77
u< :i.\x ii iuv>i on l!iu 114 vi (usticidos should be u -peclcc
File
i'hc Go'
Panciiayalhs should be given all details, when requested. The apprehensions of the
local people legaiding the alleged pesticide problem should be cleared by
awareness programmes conducted through PCK, Agricultural Department and
Research Institutions. In every division of the PCK, a coinmitlec consisting of the.
following members should be constituted for monitoring the proper application c I
pe
tide.
:. President I presidents ol the concerned Gram Panchayath i Panchayaths
.. Agricultural Assistant:
;. A representative of the Health Department
!. The Regional Officer of PCK
j. A representatives of the workers of lhe concerned division of the PCK.
iy Dr. A. Acl./ulhan
(Chairma ■;
?.. Sri. L. Su .daresan
(Convene.)
Dr. K.P. / ravindan
(Member)
Dr. M. Abdul Salam
(Member)
Dr. Samuel Mathew
(Member;
Dated 22-11-2001
78
5T»
[Image ]
The inquiry by the sub-divisional magistrate of Ferozepur
ruled out police involvement and found that ’’the death
was probably due to the intake of narcotics drugs or
relapse of the same'*.
Though no allegations of ill-treatment were received
during the inquiry, the post-mortem report revealed that
deceased had sustained body injuries, the sources
said.
The NHRC directed its Director General (Investigation)
ascertain the cause of death and circumstances under
to
which it occurred. The NHRC investigation team found that
Kartar, a tempo driver from Zira, had quit his job and
returned co his village. He started committing petty
thefts to meet expenses for drugs.' He was once
reprimanded by the village sarpanch. However, he did not
reform. On the night of September 28, he was caught
committing a theft at a shop.
a complaint by the shop owner, he was arrested the
following day at 1900 hours and taken to the police
station at 2300 hours. He was kept in the lock-up, but
was found dead on the morning of September 30. According
to the investigation team, Kartar was neither beaten nor
tortured by police and the injuries on his body in the
post-mortem report were mostly abrasions, which were
nearly seven days old.
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However, the doctor, on the basis of a chemical
examination of the viscera and histopathological
cited the cause of death as ''poisoning by zinc
phosphate, a pesticide which can cause death in the
ordinary course of nature''. He felt that the probable
time between the consumption of poison and death was less
than 24 hours, the sources said.
As these findings and cause of death given by a medical
expert belied the earlier version of the state
authorities, particularly of the SDM, who cited the cause
of death as excessive intake of narcotics drugs, the NHRC
probed when and under what circumstances Kartar consumed
the poison. A possibility was that he consumed it in the
police lock-up or he most probably consumed it when
arrested, having pocketed the insult and humiliation of
being held in public view.
Zinc phosphate, used as a rodent pesticide, is such that
Kartar must had developed symptoms of poisoning
sufficient to attract the attention of the police
officials, who arrested him and escorted him co the
police station or the guard keeping vigil at the lock-up
at the police station, the NHRC said.
''Kartar must have felt various bodily complaints and
discomfort/pain and must have cried for help before
breathing his last. This either escaped the notice of
police officials or they deliberately avoided to arrange
requisite medical help under misapprehension/misgivings
that they will be held responsible. Had prompt and
adequate medical attention been given Kartar may have
survived,'' Justice Verma observed.
He said the circumstances were indicative of negligence
by the police to arrange timely medical aid.
The NHRC said the state should compensate his next of kin
and initiate a departmental action against erring police
officials entrusted with guarding him in police custody,
the sources added.
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There has been at least once incident of
12 Sarus cranes, the world's tallest
flying bird which feeds in fields and
wetlands, dying suddenly. And lately, the
''mysterious'' deaths of several
elephants in Assam has been attributed to
pesticides
(see report below).
One study on wild fishing eagles in the
apparently pristine Corbett wilderness
250 kilometres north-east of New Delhi,
showed the birds had levels of DDT in
their systems up to nine times higher
than the levels which cause reproduction
failure in American bald eagles. India is
one of the few countries still using DDT,
but only for urban malaria control and
not in agricultural fields. The birds
must have picked up the pesticide by
eating fish from rivers contaminated by
water runoff from nearby urban areas.
Here are excerpts from the study by
Rishad Naoroji, published in the Journal
of the Bombay Natural History Society:
’'From 1991 to 1995 the grey headed
fishing eagle bred unsuccessfully. Eggs
from seven nests monitored during this
period did not hatch, while three nests
hatched, young ones were either found
dead in the nest, or disappeared within a
week of hatching. Eggshell fragments
which were collected from one nest in
April 1991, were deformed. Thinner than
normal eggshells, they were analysed in
the US by Dr. Robert W. Risebrough of the
Bodega Bay Institute, California
A
number of organochlorine compounds were
detected. The parent DDT compound, that
is the insecticidal ingredient, p,p'-DDT,
constituted 36 % of the DDT compounds
measured; the amount of o,p'-DDT, the
minor ingredient in the original DDT
mixture, was 10% that of p,p'-DDT.
The relatively high amounts of these two
compounds indicate recent DDT
applications in local or nearby areas;
the evident thinning of the shell is most
likely an effect of DDE, usually the
principal metabolite of DDT in the
environment and the compound considered
primarily responsible for shell thinning.
PC3 congeners and dieldrin were detected,
but at relatively low levels of about 6%
and 2% respectively, of total DDTs. The
dieldrin levels however are significant.
Dieldrin, which is highly toxic to birds
of prey, has been implicated in the
population decline of raptors in Europe
and North America
Locally, it is most
likely derived from Aldrin.''
Perhaps the worst - and most well
documented - case by far has involved
Endosulfan, an organichlorine pesticide
sprayed on cashew plantations in Kerala.
For over 20 years villagers in Kasargod
district, with some 4,500 hectares of
cashew plantations, have been affected by
an unusually large number of cancer
deaths, neurological disorders and
physical and mental impairments.
The Delhi-based Centre for Science and
Environment in a study reported
Endosulfan levels several times higher
than maximum residue limits in
vegetables, cow's milk, water and soil
and local people have filed a court case
to get to the bottom of the issue. Shree
Padre, a progressive farmer, journalist
and activist based in the areas first
noticed deformities in calves in 1981 and
began writing about it. Local doctor Y.
S. Mohan Kumar wrote in the Kerala
Medical Journal in 1997 of the large
number of people suffering from diseases
of the central nervous system and asked
for the intervention of specialists.
There was no response.
''We are always being asked to prove the
link'' Shree Padre says. ''What kind of
arrogance is this? We cannot prove it,
let them disprove it.' '
Villagers have now formed the Endosulfan
Spray Action Committee, but there is
still a sense of hopelessness among them
because they believe the government is
not taking enough action to investigate
the issue. The Committee has accused the
Plantation Corporation of Kerala of
trying to sweep the issue under the
carpet and use pressure tactics to
disprove links between Endulfan and the
health disorders in the community.
According to anecdotes from villagers
working in the cashew plantations - most
of whom are not provided any protective
masks or clothing - there has also been
an increase in the number of dead
wildlife, especially birds, frogs and
Endosulfan is an endocrine disrupter and
genotoxic, attacking the central nervous
system, kidneys, skin and reproductive
system. It is banned in many countries
including Singapore. In the 1990s in the
Philippines, the pharmaceutical company
Hoechst tried to contest a ban on
Endosulfan but lost.
As a result of the flood of publicity on
Endosulfan, its use has been curbed in
the cashew plantations, but there are
moves to replace it with other
pesticides. Meanwhile, there is no relief
for the villagers affected. In one
household two children were born blind,
in another a 30.year old woman is only
four feet tail with twisted limbs - just
two of many cases of what activists are
calling a silent killer.
The Kerala episode is not an isolated
one. In one case involving the sudden
deaths of more than a dozen peacocks in
an agricultural area in north India,
investigations revealed that farmers had
been spraying their fields in the area
with insecticides like Chloropyriphos and Endosulfan.
Pesticide poisoning responsible for
pachyderm deaths at Nameri
By Surajit Khaund in the ASSAM
TRIBUNE published from Guwahati
GUWAHATI, Sept 14 - The doctors of the
State Veterinary College investigating
the mysterious death of elephants in the
Nameri National Park and the Pakhoi Game
Sanctuary, have confirmed the deaths due
to pesticides poisoning.
They have confirmed it after receiving
the forensic report in which
’organophosphorous' pesticide (Demecron)
has been detected in a sample of an
elephant carcass. In view of frequent
death of pachyderms during the last
month, the State Forest Department had
asked the Veterinary College to conduct a
detail investigation. Having completed
the clinical analysis, the doctors had
sent a sample of a carcass to the
Forensic Science Laboratory for detection
of chemical compounds.
The forensic test report which was placed
yesterday confirmed the presence of
'organophosphorous' pesticide (Demecron)
in the sample.
Dr Apurba Chakraborty, one of the members
of the investigating team Told The Assam
Tribune that organophosphorous is a
highly toxic for animals due to its
residual affect. "Nowadays the use of
this pesticide has been banned due to
toxicity as informed by some agriculture
scientists," he said.
Asked how the elephants came into contact
with the pesticide, he said "elephants
have a strong affinity for liquor and
taking advantage of it, they were given
country-made liquor mixed with the
pesticide by some unscrupulous elements."
He however, said that this is an
assumption as the authorities are yet to
establish the involvement of miscreants.
Worried over the death of the pachyderms,
he along with the three doctors of the
investigating team - Dr PN Mahanta, Dr K
Sanaa and Dr KK Sarma - suggested
initiating stern steps for preservation
of elephants. "Elephants depredation is a
major problem in the bordering areas of
the State due to depletion of forest
coverage and hence a pragmatic step is a
must," Dr Chakraborty said.
Meanwhile, the Forest Department has
recovered, another carcass of an elephant
at upper Dikrai in the Nameri National
Park leading to the death toll to 10. The
intestinal part of the carcass has been
sent to the Forensic Science Laboratory
for detection of chemical compounds.
Highly-placed Forest Department sources
who did not wish to be named said that
considering the gravity of the problem,
all Divisional Forest Officials (DFOs)
have been asked to remain vigilant on
their respective areas to prevent such
incident.
”We have undertaken a scheme of erection
of fencing in the Sonitpur district in
view of growing elephant depredation,"
they said.
PESTICIDE 'TIME BOMB'
DEVELOPING WORLD
TICKING IN
According to a new study by the United
Nations Food and Agricultural
Organisation, a toxic 'time bomb' is
ticking in Africa and other developing
regions, in the form of alarmingly large
stocks of deadly, obsolete pesticides,
often stored in deteriorating and leaky
containers without adequate safeguards
for people and the environment. Clean-up
and disposal efforts are hampered by high
A new study by the United Nations Food
and Agricultural Organisation (FAO) has
found that stocks of deadly, obsolete
pesticides are five times large than
previous estimates and constitute a toxic
'ticking time bomb'
in Africa and other
developing regions.
The alarming new figures, released 9 May,
set the amount of prohibited and outdated
pesticides at 100,000 tonnes in Africa
and the Middle East, 200,000 tonnes in
Asia and 200,000 tonnes in Eastern Europe
and the former Soviet Union - often
stored in deteriorating and leaky
containers without adequate safeguards
for people and the environment. A.ccordlng
to FAO estimates, stocks of more than
48,000 tonnes of such pesticides have
been identified so far in Africa,
although the total is likely to climb as
more survey data becomes available.
The stocks include some of the most
poisonous compounds ever made, including
dieldrin, DDT and chordane. The World
Health Organisation (WHO) estimates that
more than 1 million people are affected
by exposure to pesticides worldwide,
causing 20,000 deaths annually.
'The lethal legacy of obsolete pesticides
is alarming, and urgent action is needed
to clean up waste dumps,' noted Mr
A.lemayehu Wodageneh, an FAO specialist.
'These "forgotten stocks" are not only a
hazard to people's health, they also
contaminate water and soil. Leaking
pesticides can poison a very large area,
making it unfit for crop production.'
The problem is particularly severe in
sub-Saharan Africa, where farmers and
government regulators often lack the
financial resources and technical
capacity to handle pesticides safely and
screen out substandard, banned and
contaminated compounds. The FAO and WHO
estimate that as much as 30% of
pesticides sold annually in developing
countries - worth $900 million last year
- fail to meet international standards
and are often mislabelled or entirely
unmarked.
The scope of the problem is dramatically
illustrated in Ethiopia, where some 3,400
tonnes of obsolete pesticides, much of it
over 20 years old, is stored in 1,000
sites throughout the country. One of the
largest dumps is in the centre of Addis
Cannes of obsolete pesticides in leaking
barrels near 40 grain silos.
In the western Ethiopian village of Arjo,
FAO researchers found over 5 tonnes of
DDT and malathion in a collapsing barn in
the middle of the community - just yards
from homes and pastures. Residents have
long complained of nausea, respiratory
ailments and headaches, and report a
strong stench from the unprotected site.
The Ethiopian government and the FAO,
with funding from the Dutch, Swedish and
US governments, have begun a clean-up
effort intended to destroy 1,500 tonnes
of the pesticides - the largest
decontamination effort under way in
Africa.
But with the cost of disposal of Africa's
obsolete .pesticide stock estimated at
5250 million, clean-up efforts have been
slow. A preliminary FAO inventory of
toxic sites in 39 African countries found
that of 48,081 tonnes of chemicals
reported, just 2,838 tonnes had been
destroyed.
Without the required high-temperature
incinerators, African pesticides must be
shipped to Europe, a costly and hazardous
process that has hampered disposal
efforts.
Greater involvement by the pesticide
industry, which is dominated by a handful
of US, European and Japanese companies,
said Mr Wodagench, is indispensable.
’Support from industry is crucial for the
disposal of pesticides because aid
agencies of donor governments cannot
cover all the costs.’ The industry is
committed to assist in the incineration
of obsolete and unstable compounds, he
noted, but so far has contributed little.
In the meantime, the FAO, WHO, the UN
Environment Programme (UNEP) and the UN
Industrial Development Organisation have
stepped up efforts to assist African
governments identify and respond to the
toxic threat. In June 2000, the UNEP held
a regional workshop in Dakar, Senegal, on
the P.otterdam convention governing the
trade in hazardous chemicals and
pesticides.
UN agencies are working with many African
governments, including Nigeria, Uganda,
Senegal and Ethiopia, to develop national
action plans for the handling and
adoption of environmentally-friendly
alternatives tc themical pest control.
On 23 May, 122 countries adopted the
Stockholm Convention on Persistent
Organic Pollutants, banning 12 of the
st dangerous compounds. The Global
Environment Facility, managed by the
World Bank, UNEP and the UN Development
Programme, will finance implementation of
the convention.
- Third World Network Features
The above article first appeared in
Africa Recovery (Vol. 15 No. 1-2, June
2001), published by the Library and
Information Resources Division of the
United Nations Department of Public
Information,
with support from UNDP.
When reproducing this feature, please
credit Third World Network Features and
(if applicable) the cooperating magazine
or agency involved in the article, and
give the byline.
Other India Bookstore, Mapusa, Goa, India
stocks the most complete range of
alternative books from India and all
books on Goa. To view our latest
catalogue and order books online, check
out our website at:
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Social Investment Fund offers you an
opportunity to put your hard-earned money
to good use and earn interest while doing
so. Help make the best of alternative
books available to a wider audience. For
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e-mail us.
Our phone numbers:
91-832-263306; 256479
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adoption of environmencally-friendly
alternatives
to chemical pest control.
On 23 May, 122 countries adopted the
Stockholm Convention on Persistent
Organic Pollutants, banning 12 of the
most dangerous compounds. The Global
Environment Facility, managed by the
World Bank, UNEP and the UN Development
Programme, will finance implementation of
the convention.
- Third World Network Features
The above article first appeared in
Africa Recovery (Vol. 15 No. 1-2, June
2001), published by the Library and
Information Resources Division of the
United Nations Department of Public
Information, with support from UNDP.
When reproducing this feature, please
credit Third World Network Features and
(if applicable) the cooperating magazine
or agency involved in the article, and
give the byline.
Other India Bookstore, Mapusa, Goa, India
stocks the most complete range of
alternative books from India and all
books on Goa. To view our latest
catalogue and order books online, check
out our website at:
http://www.goacom.com/books
Ensure that your clean money isn't used
to create dirt! Other India Bookstore's
Social Investment Fund offers you an
opportunity to put your hard-earned money
to good use and earn interest while doing
so. Help make the best of alternative
books available to a wider audience. For
details,
e-mail us.
Our phone numbers:
91-832-263306; 256479
Fax: 91-832-263305
Email: oib@goatelecom.com
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* Profenofos is an organophosphate insecticide/miticide.
* Used only on cotton (up to 10% of U.S. cotton crop is
treated).
* Sprayed aerially and by ground equipment up to six times
per season.
* About 775 thousand pounds are used annually; 81% of the
usage is in the cotton-growing states of Arizona, Texas,
Georgia, Mississippi, and Louisiana.
* A major component of existing cotton Integrated Pest
Management programs (such as the whitefly and pink
bollworm resistance management programs).
* Depending on the target pest, alternative insecticides
include the synthetic pyrethroids, spinosad, Bt cotton,
dicofol, endosulfan with amitraz, methyl parathion and
chlorpyrifos.
’ Profenofos can cause cholinesterase inhibition in
humans, which at high doses can cause nausea, dizziness,
confusion,
and at very high exposures
(e.g.,
accidents,
major spills), respiratory paralysis and death.
Worker Risks are high:
* Assuming the use of closed loading/mixing systems (which
are not now required), safety margins are estimated to
be less than 50 for aerial mixers/loaders and for aerial
applicators; generally, safety margins of 100 or less
are of concern to the Agency. Safety margins are over
ICO for applicators and mixer/loaders using ground
mixing/leading systems and enclosed tractor cabs.
* Risks to workers who reenter fields after treatment are
etary Risks are low for ail subpopulations including
■gregate Risks from food and water are low for all
hpopulations including children. There are no residential
es.
sks to Fish are high:
Thirteen fish kill incidents in Louisiana and
Mississippi during 1994-1996 indicate that large-scale
fish kills can occur when profenofos is used in-
accordance with current labeling.
Risk Picture May Change
In response to the risk assessments, the registrant
suggested that they might conduct a new toxicity study
to help refine the worker risk assessment. In addition,
the registrant recently informed the Agency that they
are conducting new studies related to worker exposure.
The final phase of the worker exposure studies is
expected to be initiated in the cotton use season of
2000 and could refine the worker risk assessment.
Worker risk could be reduced by requiring the use of
closed loading/mixing systems and enclosed cabs for
ground equipment. The registrant informed the Agency
that a closed loading system is now commercially
available.
Profenofos Documents I OPP Home I EPA Home J
Site Map I Search OPP I Search EPA
Comments
www.epa.gov/pesticides/op/profenofos/profbrief.htm
updated June 16, 1999
L "Cd .
Pngel ofi
from:
sicnrem <sicnrem(a/saiyam.net.in>
To:
"CRY" <psu.blr@crymail.org>: "Critical Asian Studies" <tfenton@igc.orq >: "CPSW"
<cpsw@cal. vsnl.net. in>: "CPA - Legal Department" <cpalegal@diamond. Ianka.net>: "COVA
HYD" <hyd1_covahyd@sanchamet.in>; "COVA" <covahyd@hd1 .vsnl.net.in>; "Corrine Kumar”
<elta'ler@gnetin>; <eorporate@acumer..co.ir.>; "Core Ne Region" <paifungbam@hotmail.com >;
"Concern indie" "bciriyeiui e@cunuerniriciia.org*, "COMMUNITY HEALTH CELL"
<socnara@vsni.com>; cocoy sardana" <csardana@hotmaii.com>; "Coalition"
<nationalcoalition cac@hotmail.com>: "CLPTP" <clpto@citechco.net >: "Cleveland Richter"
<ye@free.net.nz>: "CLAP" <ctk_committe@sanchamet in>: <cjbakhshi@yahoo.co in>;
<civicb!ofe@Ysn!.com>; "Civil Society initiatives" <csi@theothermedia.org>; "Citizens Alliance"
<oitizensalliance@yahoo.ocm>; "Cindy Holenski” <cindyh@!ibero.it>; <ciioo@ciionline.org>;
"cieds” <awiirci@yissbgui.vsni.rietin>, "CHRO" <chro@rediffmaii.com>; "CHRI-The Common
vveaitn Human Rigtns initative" <cnriaii@da.vsni.net.in>
Fridav. April 09. 2004 2:53 PM
Invitation for 13 april 04 doc; Invitation for 13 Apr 04 Southern Regional Convention Against
Death.Psnolty.doc; itr to presient of india rg the Mercy petion of 4 rg signatures.doc; Itr-to
governor of1\am_£g-the Mercy-peiitonof 4 rg signatures.doc 5.0—
Sent:
Attach:
Subject:
South India Convention Against Deaith Penalty 13 April 2004
Dear friends.
Enclosed is the netifirm addressed to the Governor of Karnataka and the President of india urging them to
grant clemency to the four persons who are facing death sentence, (Date fixed for execution is April 16,2004 ).
Mfe request you to print out both these forms and take as many signatures as possible and send it to SiCHREM
before 13th April or you are most welcome to briny them to the convention (Invitation Enclosed). These
signatures, aiong with others coiiecied from aii over india wiii be submitted to the Governor.
Hope you win join hands to save the lives ot these four persons.
With Regards,
Mathews Philip
Executive Director
SICHREM
Eouth Indi* r**?U for Human Rmhfi? Education ?nd Monitonno
i/c 05 An:sns***'s Com-lsr
St Thomas Town Fust
Lingarajapuram,
Bangalore - 560 084.
Telefax: S1 ■» 80 - 2547 3922 / 2549 2856.
E-mail: 9ichrem4jHatyem.nat.in
4/12/04
r*AftflOAAf>.Aiiucy-r hcatu ntZMai tv
unmi niun auhiiiu i
ulaiii i uimtil. i b
Chairperson: Justice V.R.Krishna iyer
South India Regional Convention Against Death Penalty
on 13th April 2004
Members of National Committee:
Justice P.N.Bhagwati
Organised by:
Justice Rajindar Sachar
^litoor Sieeiuvasa Ran
TutsHco f-T Siirpsh
Human Rights Cell - Indian Social Institute, Bangalore
People's union for Civii Liberties - PLiCL, Tamii Nadu & Pondichery, Karnataka,
People's Watch - Madurai
Soco Trust - Madurai
Tribals People's Association - Tamil Nadu
South India Cell for Human Rights Education & Monitoring - SICHREM
Raha Amte
Maio: April a, xvu*t
Dr.V.MohiniGiri
Dear Sir/Madam
Subject li'iVitauOii
Dr.Asgar AU Engineer
rror.C.i.Kunen
Indira Jaisingh
Aiiand FaiWai'dllail
Kiddin Navar
Dr.RM?al
Prnf TriKai A Arvsari
R-KRalagonal
We do hope that you are in receipt of the first invitation to the Regional Convention
Against Death Penalty taking place on 1Apnl 2004 at
Indian Social Institute (ISI)
# 24, Benson Town Road, Bangalore - 46,
Telephone: 080-235361696 /' 23525960.
The convention will be inaugurated by Mr.Justica.H.G.Balakrichr.c (Rid. High Court
of Karnataka) at 10:30 am. Prof.Hasan mansur, President, PUCL-Karnataka wiii be
the speakers in the inaugural function. Shri.H.S.Doraswamy, well known Gandhian
2nd sooisi! setivist* Shri S G.Vseudev we!! known srtist Dr Mzrksndysn former
Vice-Chancellor Gandhlgram Rural University, DrJeevanandam, President,
Tamilnadu Pasumai ivakkam: Prof.Kalvani. treasure. Makkal unmai Koottamaioou.
Tamilnedu; Mr.C.F.John, uicii vi'icwT! artist; Mr.Koisthtir Mani, Presient, Thenthai
Peryar Dhiravidar Kazhagam, nSr.G.Sugumaran, Makkal Urimai Kooltarriaippu,
Pondicherry: Dr. v. Suresh, General Secretary. PUCL-TN: Mr.s.Baiamuruqan, Joint
Qarratsry PUCL-TN; Thiyagi. Lakahmana Iyer, Viduthaiai Poratta Veerarga!
oui rCjGi 11( GvpiCi iSiupoiGyOi 11.
Frot.Hasan Mansoor
VPGiinasakaran
rrot.b.B.ranae
convenor
K Manoharan
General Secretary Tamilnadu Pazhangudi Makkal Sangam;
>4- ^'..i...™-—- /ni izm
.1, r-a—u--....
I> I n™~r>oi
I-—vkIKI.VMBUIKMIMII ^ VVUiyuMlS.ill.lip, II^-MIIMIVWW IIIIW V.V, I I It
jLUVji.pl lO
Coiiege - Bangaioie, onri.Mukundan wienon, QriRO - Keraia, Prof.Sriahar
(Professor Viiaya College - Bangalore); Mrs Genths Menon Stree .lagruthi Samithi Bangalore; Advocafa.Ba!amurugan, PUCL - Tamil Nadu; Mra.Donna Fernandez,
virriocirana -Bangalore and many other human rights defenders wiii speak in trie
Convention.
Piease note that mrs.Seiva Mary (W/b.Gnanaprakasam), mra. Karnaia Mary (W/o.
Bilevendran), Mrs.Thangammal iw/o Mr.Bilevendran) and family members of Simon
wi!! bs sftsp.dinQ ths Convention. Pfease come & show our solidarity with these
pcOpio.
Sincerely yours,
Hesen Mansur, President PUCL-K,
FRKAmal - ISI, Human Rights Call-Bangalore
Henn Tipriagne - People's Watch
Mahmood Batcha - Soco Trust
Adv.Bala Murugan - PUCL-Tamil Nadu
V.P GunasneKaran, Tamii Naou - Tnoai People s Association
Mathews Philip - SICHREM
For details contact:
<
'C! ■
- .tr
vqa r
-> ■
r
■
CAMPAIGN AGAINST DEATH PENALTY
Chairperson: Justice V.R.Krishna iyer
Members or National committee:
South India Kegional Convention Against Death Penalty
justice r.iN. onagwau
Organised by:
JusHce Rajindar Sachar
Jnalirck Milnor
jusiiceHSuresh
RaHa Amfp
Dr V Mnhini Giri
Human Rights Cell - Indian Social Institute, Bangalore
People's Union for Civil Liberties PUCL, Tamil Nadu £ Pondichery,
Pah
Karnataka.
Peonte's Watch-Madurai
Sees Trust -Madurai
i ribais People's Association - i amii Nadu
South India Cell for Human Rights Education & Monitoring - SICHREM
Date. Apiii o. 2GG4
Dr. Asgar Ali Engineer
Prof.C.T.Kurien
Indira Jaisingh
Anand Patwardhan
V.R. Lakshminaravanan
Kuldip Navar
Ur.K.M.Pal
•
rrot.iqoai A.Ansan
Lir.K.eaiagopai
rror.riasan iviansoor
Subject invitation
Human rights organisations al! over ths world campaign for abolition of
death penany because no human being must be deprived of his / her
life in the name of judicial justice
Kignt to life has oeen recognised as me most precious ngnt oi an, a right
u/ithnijt whirh no other right can he enjoyed. No one should have the right to
demy another’s right to lite. We should all be committed to the protection of
me lives or leiiow beings. in sucn a situation, me State snouio not oe party to
such a gross violation of the most basic and fundamental of human rights.
The State sets an example te its citizens, Therefore, killing someone does
not prevent me common man mom doing me same, me aeam penalty may
“re!1 have a brutalisation effect, rather then a deterrent effect.
Amnesty international statistics show that bv Aonl 2003. 112 countries
have abotlehed the death penalty In law or practice. More then 3
couniites a yeai on an average have abolished death penalty for all crimes in
the past decade. Since 1990. more than 35 countries have abolished the
death penalty in law or, having previously abolished it for ordinary crimes,
rrof.n.n. rande
iiave gone on io aboiish it for aii crimes. The Second Optional rioiocoi io irie
International Covenant on Civil and Political Rights adopted by the UN
Convenor
K Mannharan
Genera! Assembly in 1929, states in its preamble that the abolition of the
death penalty contributes to the enhancement or human dignity and
nroareesive develooment of human riahts. The Universal Declaration of
Human Rights states, without any reservation that every person has the
right io iife. under Article 3.
Attain the United Nations Commission on Human Rights in its Resolution of April 1999 anneals that all
I Infnrh.inatelv we in India still continue tn impose death penalty as a punishment. Right now the four people
hviii IlcmcXIx ox fscing gallows. They ax Mr. ouariuPXnusam, Mr Simon, Mr 3liOV3ndrur> and Mr
waoaian alias iweeseKara waoaian.
Wc ShOu’id iTivbiliSd till SUppdit ftvrii all uvi"ucio ta appeal tv the GOVeiTiOr vt KaiTiatana and Th© r XSiudut Of
India to save tneir lives and to commute tne oeatn sentence into lite imprisonment, in this context, the abovementioned convention is omanised on April 13 bona between 10 end 5 nm at Indian Social Institute #
D^hSOh TOWfi Ruqu, OafigaiOic - *tO, f OiOpiiOHc:' uOu-z.x>5ou1 Ot/0 1 2ouz0suu.
Eminent human rifiltS defenders ftOIT! ?!! fO'Jt States nf south Indie era eynartert tn participate !!? thlS
convenuon.
The family members of the victims also will be there and it will be an opportunity for all of us to express
In solidarity
Hasan iviansui, ricSiueiil ruCu-'rx,
ISI, Human Rights Cell-Bangalore
Henri Tinhagne - People's Watch
Mahmood Rateha - Soco Tmst
Adv Bala Murugan - PIJCL-Tamil Nadu
V P Gunashekaran Tamil Nadu
Mathews Philip - SICHRFM
For details contact:
1.
IS! riuiTiai'i Rights Cell @ G30-23536188G / 23525S6G.
2.
SICHREM @ 080- 2547 3922! 25492 856.
utuCt AudiXSa
Campaign Against Death Penalty No 10 Thomas Nagar Littte Mount. Saidapet. Chennai - 600 015
tmaii: nntcenw.vsni.net.in / nrnoixiweo.com / www.voicesofstruaoieten.ora
SIGNATUPE CAMPAIGN AGAINST DEATH PENALTY
Tu
Eis E&veucucj The x resident Or ludiu
New Delhi
in criminai appeal No.i49 -ibwivOz before rhe Supreme Court of India, which is related to me-
incident ol bomb Blast near Palar nver in 1993, which resulted in the death of 22 persons, the
supreme Court continued the conviction of the 1 ADA designated Court, Mysore and enhanced
the punishment to ‘Death Penalty’ suo mow.
All the four convicts Mr.Bilavendran. Meesakkara Mathaivan. GnanaPrakasam and Simon are
hailing from poor agrarian familv and they have to look alter their dependents. By invoking the
power of pardon vested with your Excellency by the constitution, we pray your Excellency to
consider the plea to revoke the death penalty imposed against the above said four persons and
thereby render justice.
Yours
Resumes and Job Opportunities
Affirmative Action in Employment
Nova Scotia
Human Rights
Commission
Your Resume is Your Introduction
When you're looking for a job, it’s important to make a good impression on a
prospective employer. Just how do you actually get such a person interested
enough to interview you? One good way is to prepare a resume—a short
summary of your skills, qualifications and experience. A well-prepared resume
will help any potential employer see at a glance what your background is and
whether or not you should be interviewed.
Before Writing Your Resume
A resume is the first impression an
employer may have of you. So it's
worth spending a bit of time to pre
pare it properly.
Before you begin, ask yourself the
following questions, then quickly set
down the answers on some scrap
paper:
What type of work do I want to do?
(occupational goal)
If you’re applying for a specific job,
put down its official title. If you don’t
have a particular job in mind, des
cribe the type of work you want to do.
Put down whether you want part-time
or full-time work and whether or not
you'd be willing to move to get such
work.
What education do I have?
Put down the highest grade you
passed in school, any diplomas or cer
tificates you may have from any tech
nical schools, colleges or universities.
List what your main area of study was
and any courses you may have taken
in the evenings, while working fulltime, etc. that are related to the kind
of work you're seeking.
What jobs have I done?
(work experience)
Put down your most recent job first
and work back in time from there. For
each indicate whether it was a fulltime or part-time job.
If you’re just beginning a career or
are getting back into the work force
after several years’ break, list all the
jobs as well as any volunteer work.
Each job indicates a certain skill
you've acquired. Babysitting, supeiMsing a children’s playground, havin®)
paper route, for example, indicate a
large degree of responsibility and
dependability. Waiting on customers
at a snack bar, for example, shows
good interpersonal communications
skills and the ability to handle a heavy
workload effectively. You will be pre
ferred to someone without such
experience.
Write a brief description of each
job.
What kinds of work don't I like to do?
Make sure you don't emphasize any
type of work in your resume that you
don’t want to do now. For example, if
you don’t like filing, don't stress any fil
ing experience you may have. Instead,
emphasize those skills you want to
develop. If, for example, you like^.
working with people, emphasize
experience you have had in the past
working with different kinds of people.
What are my other interests and
hobbies?
Your interests and hobbies can show
other aspects of you as a person.
Include here any memberships you
have in clubs, positions you hold in
volunteer organizations, and hobbies
you enjoy such as photography, writ
ing, tinkering with machines, carpen
try, gardening, etc.
Who
can
I give as like
a to check out the
Most
employers
RESUME
Last Name, first name or initial
_ _____________
Contact Address and Phone No
Contact between:
-------------------------------------------------------
Other phone number:
-------------- -----------------------------------------
Contact between:
erences on your behalf.
Pick out at least three people—a
business reference, an education ref
Occupational goal:
__
EDUCATION
Grade/Degree(s)
School/University
details you've given in your resume.
That's why it's a good idea to line up
some people who will give good ref
Major field of study:
erence, and a character reference.
You can either mention them directly
in your resume by name or say that
references will be supplied on request.
MAKE SURE YOU HAVE THE PERMIS
SION OF ANYONE YOU WANT TO
USE AS A REFERENCE—otherwise you
might not get a good reference from
that person. No one likes to be
surprised.
Include a Covering Letter
Once you have your resume pre
pared, think about putting a different
covering letter with each copy you
drop off to a prospective employer.
A covering letter should:
WORK EXPERIENCE
Name of company:
• introduce you as someone
interested in either a specific
position (give job title) or in a
particular type of work with that
Address:
Position:
Duties:
Supervisor or Reference:
Reason for leaving:------------------------------------------------------------------------------------------
INTERESTS AND HOBBIES
workload, etc.
• state that a resume detailing
your skills, qualifications and
experience is enclosed
• mention in closing that you
would welcome the opportunity
to discuss your qualifications
and experience IN PERSON.
REFERENCES
Name:
Address:
_
• employer
explain why you're interested in
working for that employer
• briefly sum up the skills you
could bring to the employer—
e.g., ability to work well with
others, operate a particular kind
of equipment, handle a heavy
Position:-------------------------------------------
Phone number:------------------
__k____ —_ —_ "
Having your covering letter typed
professionally, check to make sure it's
free of typing errors, then SIGN IT
and enclose it in an envelope with a
copy of your resume.
Putting It AH Together
A sample resume is included in this
pamphlet. It shows one effective way
of putting together the information
you've already written down into a
resume format. There are other ways
of assembling a resume that are
equally interesting and effective. The
main thing is to keep four points in
mind when you're actually putting
your finished resume together:
• keep it brief
® keep it positive
• keep it simple
• keep it neat
Keep it brief
Most employers read a lot of
resumes, so keep yours brief—two
pages is long enough. Leave lots of
white space between sections so it’s
easy to read.
Keep it simple
Tell it like it is. Outline who you are,
what you know, what you have done,
what you want to do.
Keep it positive
Put your best foot forward. Stress
your good qualities. Avoid saying any
thing negative about yourself. Do not
include any information about salary
—what you made in previous jobs, or
what you expect to make in a future
one. Save salary discussions for your
interview or job offer.
Keep it neat
Have your resume typed. If you
can’t type it professionally yourself,
have a professional typist do it for
you. The expense is worth it. You are,
after all, creating a first impression on
an employer. A professionally typed
resume shows you’re serious about the
impression you make.
Check the typed resume for typing
errors and have any errors corrected.
(Spelling errors create as bad an
impression as a handwritten resume
does.)
Keep your resume and make CLEAR
photocopies from it for prospective
employers.
Deliver In Person If Possible
It's always best to take your resume
and covering letter directly to the
employer you want to interest. By
delivering them in person, you show
how interested you are and you leave
a positive impression on a prospective
employer. You also become more
than just a name at the top of a
resume.
Keep in Touch
A week or so after you've dropped off
your resume and covering letter,
phone to see if the prospective
employer has had a chance to look at
your material, and whether or not he
or she would like to set up an
interview. BEING PERSISTENT
SHOWS THAT YOU'RE KEEN, not
that you’re a pest. So keep in touch
until you either get a firm “no, we're
not interested" or "we're not hiring at
this time" or an interview. Persistence
pays off.
Possible Places to Look
for Employment
There are jobs out there! You just have
to know where to look. Try the
following places:
• Nova Scotia Human Rights
Commission
• Canada Employment Centres
• Nova Scotia Civil Servicej-,..
•„
Commission (provincial)'^• <.
• Public Service Commission (federal) ■
• Municipal Government
• Private employment agencies
• Former employers
• Construction sites
• Industrial parks, factories, plants
• Libraries
• Yellow pages in the telephone
directory
• Churches
• Service organizations
• Newspaper classified ads.
£
For Further Information
Contact the Nova Scotia Human Rights
Commission:
Central Office
Lord Nelson Arcade
7th Floor
P.O. Box 2221
Halifax, Nova Scotia B3J 3C4
424-4111, T.D.D./Voice
Fax 424-0596
Regional Offices
Provincial Building
Prince Street
Sydney, Nova Scotia Bl P 5L1
563-2140
Fax 563-0501
Basin Place
68 Water Street
A.
™
P.O. Box 1029
Digby, Nova Scotia BOV 1A0
245-4791
176 Archimedes Street
P.O. Box 728
New Glasgow, Nova Scotia B2H 2P8
752-3086
Fax 752-7133
Bank of Montreal Building
35 Commercial Street
Suite 300
Truro, Nova Scotia B2N 3H8
893-5905
BMJ 2001;322:184-185 ( 27 January)
Editorials
How policy informs the evidence
"Evidence based" thinking can lead to debased policy making
Education and debate p 222
Who would not want health policy to be based on evidence? "Evidence based medicine"
and "evidence based policy" have such reassuring and self evidently desirable qualities
that it may seem contrary to question their legitimacy in relation to reducing health
inequalities. However, these terms are now so familiar that it is easy to forget the
important question about what sort of data provide appropriate evidence for particular
types of decisions. The sort of evidence gathered on the benefits of interventions aimed at
individuals may not help in guiding policies directed towards reducing health inequalities.
In this week's BMJ readers have the opportunity to assess part of the process leading to
the recommendations of the Independent Inquiry into Health Inequalities (the Acheson
inquiry),- established in 1997 to help the government formulate policy to reduce health
inequalities. The inquiry established an evaluation group to report on the quality of the
evidence it used to reach its conclusions and support its recommendations.- This group
critiqued submissions to the inquiry, and a list of its own remedies for health
inequalities—their "10 steps to health equality"—was released before the Acheson
inquiry had itself reported (see box on bmj.com).-
The evaluation group appears to have applied evidence based principles to its
consideration of ways to reduce inequalities in health. Essentially it wanted evidence
from controlled intervention studies, and its main evaluation consisted of checking each
recommendation against three earlier reviews (two conducted within an explicit evidence
based framework) and the Cochrane Library.
The task of the Acheson inquiry was to make recommendations that would reduce
inequalities in health, not merely have a positive overall health benefit. For most of the
evaluation group's suggested interventions there are no high quality controlled studies
showing that they would reduce health inequalities—for example, the evidence that
fluoridation of drinking water would reduce inequalities in dental health is scanty.Indeed, some of these interventions could increase inequalities. Smoking cessation may
be more successful in advantaged groups. Drugs education in schools may have less
impact on those most at risk, because they are more likely to be truants and thus less
exposed to it.
On the general question of what sort of evidence is useful to set policy in the public
health domain, it is helpful to think back to earlier eras. In the first half of the 19th
century there were no "evaluation groups" to point out the lack of evidence from
controlled intervention studies showing the health benefits of, for example, stopping
children under 9 from working in cotton mills, fencing off dangerous machinery, or
reducing the number of hours children could work to only 10 a day. With an evaluation
group, implementation of the Factory Acts could have been resisted. The factory owners
were certainly keen on "evidence": the claim that working class children aged 5-10 had
lower death rates than middle class children was used to suggest that factory labour was
good for the under 10s.Clearly the situation is now different, but health inequalities are still large and have
increased over the past two decades.- Premature death rates are over three and a half
times higher in Glasgow Shettleston than in Wokingham,- and a remarkable three quarters
of premature deaths in Glasgow Shettleston would not occur if it had the mortality rates
of Wokingham. It is no surprise that in Glasgow Shettleston child poverty rates are over
six times, and unemployment rates over five times, higher than in Wokingham. Clearly
the need is for substantial reductions in socioeconomic inequality, which can follow only
from the concerted implementation of policies of progressive taxation and substantial
income redistribution.
The evaluation group states that randomised trials of income support have been carried
out and could, in principle, have examined health outcomes.- However, the effects of
income redistribution would not be to give a few people a little more money while they
remain living in a highly unequal society, but to change the nature of the society. Health
is influenced by micro and macro social environments,- and societies with high levels of
income inequality are characterised by a wide range of social-structural attributes that
have a detrimental impact on health.-
As Schwartz and Carpenter have pointed out, inappropriately focusing on individual level
determinants of health while ignoring more important macrolevel determinants is
tantamount to obtaining the right answer to the wrong question.— Consider the situation
of examining risk factors for unemployment. Conventional individual-level studies would
probably find that low education, not dressing smartly for interviews, being short, being
over 50, or being a member of a minority ethnic group predict being unemployed. Indeed
these "risk factors" would probably explain a high percentage of the variance in
unemployment. A controlled study finding that counselling on how to dress and behave at
job interviews increases success in getting a job could be added to the Cochrane Library.
The same risk factors may explain a high percentage of the intra-individual variance in
unemployment, both when unemployment is 1% and when it is 14%. ■
The big difference for the population—and thus for the individual risk of
unemployment—is, however, the 14-fold difference in overall levels of unemployment at
times when different fiscal policies are being implemented. High variance apparently
"explained" by individual-level risk indicators (or markers manipulable in a discrete way
within populations) does not mean that they are important determinants of the population
level of any outcome.— These are, however, precisely the factors that evidence based
research focuses on. Despite occasional rhetorical interest in wider determinants of
health, evidence based assessments are largely restricted to individualised interventions.
The Cochrane Library is unlikely ever to contain systematic reviews or trials of the
effects of redistributive national fiscal policies, or of economic investment leading to
reductions in unemployment, on health.
The insidious nature of this mismatch between evidence and policy is highlighted by the
fact that the evaluation group is, as one would expect of such informed commentators,
aware of the problem, while implicitly ignoring it. One of the evaluation group stated
when launching the "10 steps to health equity", "Our recommendations are quite medical
because those are the sort that tend to have evidence behind them."- Health differentials
between social groups, or between poor and rich countries, are not primarily generated by
medical causes and require solutions at a different level.
One source of the scientific innovation that was institutionalised within the Cochrane
Collaboration was a powerful critique of a complacent and uncritical form of health care
delivery.- The establishment of the evidence based medicine movement is a remarkable
achievement with an unquestionably favourable influence on the probability that
individuals will receive health care that benefits them and be protected from interventions
that harm them. It would be ironic, and inconsistent with Cochrane's radical instincts, if
the inappropriate applications of those ideas were to provide a complacent barrier to
implementing those measures necessary to redress health inequalities.
George Davey Smith, professor of clinical epidemiology.
Shah Ebrahim, professor of epidemiology of ageing.
Stephen Frankel, professor of epidemiology and public health.
Department of Social Medicine, University of Bristol, Bristol BS8 2PR
Footnotes
A box listing the evaluation group's remedies to health inequalities appears on the BMTs
website
1.
2.
3.
independent inquiry into inequalities in health. London: Stationery Office, 1998.
Macintyre S, Chalmers I, Horton R, Smith R. Using evidence to inform health policy: case study. BMJ
2001; 322: 222-225|Tull Text],
Laurance J. Experts' 10 steps to health equality. Independent 1998; 12 Nov:14.
4.
NHS Centre for Reviews and Dissemination. A systematic review ofpublic waterfluoridation. York:
University of York, 2000.
5.
Bennett A. A working life: child labour through the nineteenth century. 2nd ed. Launceston:
Waterfront Publications, 1995.
6.
Shaw M, Dorling D, Gordon D, Davey Smith G. The widening gap: health inequalities and policy in
Britain. Bristol: Policy Press, 1999.
7.
Connor J, Rodgers A, Priest P. Randomised studies of income supplementation: a lost opportunity to
assess health outcomes. J Epidemiol Community Health 1999; 53: 725-730|A.bstracf).
8.
Diez-Roux AV. Bringing context back into epidemiology: variables and fallacies in multilevel analysis.
Am J Public Health 1998; 88: 216-222IMedline].
9.
Lynch J, Davey Smith G, Kaplan G, House J. Income inequality and mortality: importance to health of
individual income, psychosocial environment, or material conditions. BM72000; 320: 1200- 1204[Full
10.
Schwartz S, Carpenter KM. The right answer for the wrong question: consequences of type III error for
public health research. Am J Public Health 1999; 89: 1175-1 ISOfMedlinel.
11.
Rose G. Sick individuals and sick populations. Int J Epidemiol 1985; 14: 32-38[Abstracf|.
12.
Cochrane AL. Effectiveness and efficiency. London: Nuffield Provincial Hospitals Trust, 1972.
Press Release
HUMAN RIGHTS GROUPS AND PEOPLE'S MOVEMENTS
CONDEMN POLICE FIRING IN NAGAPATTINAM
We, the undersigned, strongly condemn the act of police firing at the
traditional fisherpeople at Nagapattinam, Tamilnadu on 27th September 1993 in
which 2 people, Pakrisamy (45 years) and Balasubrahmanian (32 years) died on
the spot and many seriously injured, according to the information that
reached us, the traditional fisherpeople were demonstrating in Nagapattinam
town to protest the increasing incidents of cold blooded murders executed by
the Indian as well as Sri Lankan Navy personnel while they go fishing in the
sea. The immediate incident that forced the fisherpeople to come in thousands
in the streets of Nagapattinam was the death of three fishermen at the hands
of Sri Lankan Navy.
Eye witnesses report that no higher official other than the Police
Inspector Mr. Ramachandran was present at Anna Statue where police resorted
to multiple rounds of firing at the hapless fisherpeople. No warning in any
form was given before the police employed the murderous act of indiscriminate
firing causing injuries to people in head and chest.
The police firing at around 2.00 p.m. was preceded by organised attack
on the fisherpeople by the dominant caste Kallar Chmunity using deadly weapons,
since 10.00 a.m. in the morning. People believe that town Secretary of
AIADMK, Mr.Chandra Mohan was behind this attack against the fisherpeople.
Kallar Community members from other places like Madurai, were brought in to
cow down the resurgent fisherpeople community. We are forced to suspect that
political, administrative and caste interests worked in tandem in
Nagapattinam to the detriment of the traditional fisherpeople who were
demanding their civil, democratic and economic rights.
In this context, we demand that:
a judicial enquiry be ordered to ascertain the facts leading to the
partisan firing by the police forces,
the victims be adequately compensated and the culprits punished,
every step be taken to protect the interests of the fisherpeople,
especially in the context of the high caste violence unleashed on them,
immediate steps be taken by both Indian and Sri Lankan governments to
ensure that security interests do not hamper thejbasic rigjits of-the
fisherpeople from earning their livelifyeod from the sea.
We appeal to the people of India and Sri Lanka to mobilise mass action
and public opinion in favour of the rights of the fisherpeople.
This Statement is acceded to by:
Medha Patkar,
Narmada Bachao Andolan
Thomas Kocherry,
Inder Mohan,
National Fishworkers Forum
Indian Peoples Human Rights Commission
D.Ihankappan,
Kamani Employees Union
The Other Media
Tapan Bose,
Sucharita,
Purogami Mahila Sangathan
Rajni Kothari
Dinesh Mohan
Stmanto Bannerjee
Anuradha Chinoy
Brahamdev Sharma, Bharat Jan Andolan
Pradeep Prabhu,
Kashtakari Sanghatna
Place: New Delhi. Date: 29/9/1993.
Page 1 of 1
Main identity
From:
To:
Sent:
Attach:
Subject:
"awhrci" <awhrci@sify.com >
"CIVIDEP" <cividepindia@hotmail.com>; "Community Health Cell" <sochara@vsnl.com>
Thursday, October 02, 2003 2:31 PM
AWHRC.vcf; pamphlet.doc
Protest Police Brutality Against the Poor
Dear Friends,
Two days back, our attention was brought to a case of gruesome police brutality at the Frazer Town
Police Station on a poor couple based on unfounded suspicion of stealing. The couple was inhumanly
beated and abused by the police officials (Kindly see attachment for case details). The story ofPoornima
and Rajan is one that speaks of the absolute vulnerability of the poor, the prejudiced arrogance of the
powerful; the total unaccountability of State power.
We held a press conference regarding the same yesterday (1 October 2003) at the Press Club. We wilt
be protesting outside the Frazer Town Police Station today{2 October 2003). We will be gathering
at the Cox Town Circle at 4.30pm, and walking towards the Police Station at 5pm. This action will
last till around 6pm. .
Warm Wishes,
Rima Aranha
For Joint Action Committee.- SICHREM, 'Bangalore Gruhakarmikara Sangha, Women’s Voice, Karnataka
Domestic Workers Union, Vimochana, CIEDS and others
Phone No: 080-5492781/82/83
10/3/03
Protest PoJice Brutality Against The Poor
Even as the Indian Nation celebrates October 2 as Gandhi Jayanthi, his restless spirit it
seems, continues to mourn for it’s people, the poorest, the most vulnerable. The story of
Poomima is one that speaks of the absolute vulnerability of the poor; the prejudiced
arrogance ofthe powerful; the total unaccountability ofState power.
The incident:
Poomima, a 32 year old woman, living in Cox Town was working as a domestic maid in
the house of Mrs. Sarada who lives in No.37, MEG Officers Colony, Banaswadi Road.
On September 28, when she went for work she was accused of stealing Sarada5 s diamond
ear rings. When Poomima denied taking them, Sarada brought home her relatives who
subjected her yet again to another round of abuse and questioning. They threatened to
bring in the police who finally came to their house in the afternoon at 12 pm.
The inhuman violence:
The two constables from the Frazer 1'own police station came into the house of the owner
and without any preliminary' enquiry', slapped her repeatedly till her nose bled and took
her to the police station. The concerned police officer then proceeded to abuse her
verbally and physically—even slapping his wireless telephone on her breasts.
He then dragged Poomima to her house that was thoroughly searched and finding nothing
there, brought her back to the police station along with her husband Rajan. Poomima was
then handed over to the women constables who subjected her to further humiliations,
indignities and torture. They stripped her naked, made her expose her private parts in
search of the ear rings and continued to beat her. Meantime Rajan too who had been
beaten thoroughly to the point of his hand being broken, was in the process of receiving
the Aeroplane Treatment when the police received a phone call at 7 pm that changed the
course of events.
The mindless injustice :
Both Poomima and Rajan were immediately given back their clothes and asked to come
out. They were told that they were free and that they should not reveal to anybody about
what had happened inside the police station. The constable even very' kindly offered them
Rs. 200, told them to cook biryani and have a drink to forget the whole incident, which
they refused. To add further insult to injury, Sarada very compassionately gave them
Rs.20 a tube of ointment and offered employment to Rajan.
The phone call that brought about this transformation was apparently from Sarada to
say that the missing ear rings had been taken to Malaysia by her daughter who had
forgotten to tell them before she leftl
An act of forgetting that triggered a chain of violence and humiliation for Poomima and
Rajan that they will never forget. Poomima1 s wotmds and Rajan’s hand that was
fractured might heal, but their spirit that were sought to be broken by Sarada, her family
and the police only because they are poor and vulnerable might be fractured forever.
The Demands:
Such acts of inhumanity, bias and brutality cannot go unquestioned and unpunished.
While deeply ingrained social prejudices plague the poor, it is well known that the
institutions of law and order and justice too are weighed against them. We, as people
seeking to condemn the unaccountability of the law and order machinery and humanise a
power hungry society that is getting increasingly intolerant towards those who are
powerless, demand the following:
□ Immediate suspension of the guilty police personnel
□ Public Enquiry with participation of concerned citizens into the incident
□ A public apology and compensation to be given by Sarada and her family
to Poomima and Rajan
□ An immediate circular' to be issued by the Commissioner of Police to all
the police stations that third degree methods of questioning will not be used
in any investigation
□ No arrests to be made until investigation warrants it.
□ Register an FIR against the employers for giving a false complaint
□ Setting up a monitoring cell to monitor violations of NHRC’s guidelines
on arrest, detention and interoggation in police stations.
Joint Action Committee
SICIIREM, Bangalore Gruhakarmikara Sangha, Womens Voice,
Karnataka Domestic Workers Union, Vimochana, C1EDS and other NGOs.
Nci_—EodsJrx2goxl-hunght-vsnl.com@yahoogroups.co.•«“»-*? *-confirm-mviten!KiS__JyVv3qu3bAkvkvQimyc-huriqnt=vsnl.com@yahoogroups.Go.in^; '‘Community
th Cell" <sochara@v$n! com>‘ <communication@wsfindia org>: “Commonwealth Human
ts Initiative (CHR!)” <chriall@nda.vsnl.net.in>: "Committee for Workers International”
Subject:
er
2. 2 2n" Floor, pier’s In/tf i.mte of Manaoeinent,
Caina Hospital, Mumbai 1
12/8/03
Page 2 of2
'■ 223439651
...
’
cl II
I. - .. . / .. "
5
INDIA CENTRE
FOR HUMAN RIGHTS AND LAW
_________ POOL MENTATION » TRAINING » MONITORING ° CAMPAIGNS » LEGAL-AID » INVESTIGATIONS_______
1th Floor. CVOD Jain High School, 84, Samuel street, Dongri, Mumbai, 400 009. INDIA
Tel;+91-22-23436692/23439651
Fax. +91-22-23433698
E-mail;
huright@vsni.com.
12-8.-03
Page 1 of2
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<asr?.v:r:_snarath@notmaii com>- <nangaloresoliaariry@yar:oogroups com>’
'bscbarnz@nailbox.syr.edu>: <dhanaraju42@y2hoo.co.in>: <jeeves@vsnl.com>:
,<^--■=■^■'■2:-=-'
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is seen holding the French tricolour in
Smgii, Co-auihui .Wainoi
> The 7.000 Sikhs of r rance are law abiding ciiizens and our children
<.-cond generation proud French nationals, he added
>his Turban, he said.
Page 3 of 7
> We don t know what will haoncn. Education is important. he said .
>There is no evidence to suggest that the French core values of
i ne sifpnoih ot if? secuiaritv should dot
t •Ki iV'f; SIKHS fears that the new law will be a throw-
>Fct more information on Sikhs and the Great War in France, piease
>Petition URL at: hTtn:(-wvtv.PeuxionOnline.com.'sikh5555;peTnion.hnni
Page 5 of 7
Page 6 of 7
> > MAfULA 8A.N8K.R1 !' IK. SA’N'GA. Th An
> > 16/ i26. G.H.B. COLONY. AKOT ROAD. VADODARA
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NHRC directs renew by Karnataka Chie ..Rights Violations in BMIC Public Hearings
Subject: Fw: NHRC directs review by Karnataka Chief Secretary on Human Rights Violations in
BMIC Public Hearings
Date: Tue, 18 Dec 2001 21:39:41 +0530
From: "Thelma & Ravi Narayan" <tnarayan@vsnl.com>
To: <socharai®vsnl.com>
----------- Original Message ----------Fro™: Environment Support Group <esg@bgl.vsnl.net.in>
To: KtnarayanSvsnl. coiu>
Sent: Thursday, October 04, 2001 3:17 PM
Subject: NHRC directs review bv Karnataka Chief Secretary on Human Rights
Violations in BMTC Public Hearings
> Dear friends,
>
>
Tndia '•$ N#r
J Jpa/flan R7‘crh/-<; Comm i
on
has .issued s direct ive to the
> Chief Secretary to cake "appropriate" action on human rights violations
during
> the Environmental Public Hearings held as part of the clearance process of
r h.®
> Bangalore Mysore Infrastructure Corridor Project.
The project is
presently estimated
> to cost over Rs. 4,000 crores or approx. US$ 1 billion, and involves the
construction
cities.
>
> You will recall, that during July 2000 there was widespread condemnation
of the
> Karnataka Government's selective and brutal arrests of citizens and
representatives
> of civil society groups who demanded access to social, environmental and
techno-economic
> information on this massive project in order that the Hearings held were
> exercises.
ESG initiated a letter campaign to the Chief Minister of
Karnataka
> and as a result of the combined pressure Mr. Krishna assured that an
enquiry
> into the incident would be conducted.
The enquiry was never initiated
however,
> and we then appealed to the National Human Rights Commission
present
(NHRC).
The
> The Indian Ministry of Environment and Forests appeared convinced that the
Hearings
> had not been held fairly.
Aware of the NHRC review underway, it had even
> acknowledged that it would perhaps not accord environmental clearance to
the
project under the circumstances.
The Ministry however, did an volte face
OjH
,
I Chjp
on
> i~h i c r’nTrrrr.it-manf- anrJ rh-t r-i nr &UCTUS
this year extended a conditional
of7 V
12/19/01 12:45 PM
NHRC directs review by Karnataka Chie...Riahts Violations in BMIC Public Hearings
en v i rorunental
> clearance to the project.
Curiously the clearance applied only to the
Expressway
>'component, a small part of the BMIC Project. The Ministry thus shirked its
1 i_y
> in reviewing the wider impacts such as displacement from over 170 villages
and
> the widespread environmental impacts of the townships prooosed.
> Ironically the attack on citizens participating in Statutory Public
Hearings
> was at a time when the Karnataka Government was projecting itself as an
adminstration
> that values transparency and was even holding consultations towards
legislating
> the Kight to Information Act.
If there was an opportunity to demonstrate
the
> State's intentions of ensuring transparency in decision making, it was in
> the just demand of citizens across Bangalore, Mandya and Mysore districts
to
> access information on the project.
Having thus failed, the Government
stands
> exposed as regards its sincere commitment to ensuring transparency.
>
> The NHRC directive now provides both the State and Central Governments an
> to support fair and full discussion on this Project by holding the
Statutory
> Public Hearings again.
Not only would this help set right the grave
wrongs committed.
> hut would even demonstrated the Government's true commitment to ensuring
transparency
» in decision making.
this regard,
Our appeal
to the Chief Secretary of Karnataka in
> along with a Press Release on the matter, is enclosed.
>
> i'feanwhlxe tlier campaign demanding the BMIC Project be scrapped, led by the
Karnataka
> Vimochana Ranqa initiated BMIC Virodhi Okkoota (BMIC Opposition
Federati on)t
> is gaining nomentuzn.
’’Bmidh"
To demonstrate wide public support to this demand, a
> (Public Strike) of Mandya city has been called on 6th October to protest
against
> the continuing support of the Government to this highly controversial and
questionable
> project.
>
> Your continuing support and interest in this campaign is highly valued by
> and we thank you for your cooperation and support.
>
> Best regards
>
>
> Leo F.
Saldanha
12/19/01 12:45 PM
h|'j'
NHRC directs review by Karnataka Chie. .Rights Violations in BMIC Public Hearings
> Coordinator
> Environment Support Group
>
> PS:
More details about the Project,
oQuLnStl
Its Impacts and the ongoing Campaign
> the BMIC project please visit:
<http://www.indiatogether.org/campaiqns/bmic>.
> PRESS RELEASE
> NHRC directs Karnataka Chief Secretary to take action on human rights
> during Public Hearings on BMIC Project
> The National Human Rights Commission has directed the Chief Secretary of
> Government of Karnataka to
"lock into the grievance" of human rights
violations
> in the conduct of the Environmental Public Hearings held during June-July
2000
> for the Bangalore Mysore Infrastructure Corridor Project
(BMIC).
It has
further
> directed that the Chief Secretary "take such action as is appropriate in
the
> circumstances" and report back to the Commission within four weeks of
receiving
> the order.
NHRC's decision was on the basis of a complaint filed by the
undersigned
> against the brutal attack initiated by the State Government against
citizens
> demanding transparency in the conduct of the Public Hearings for the BMIC
project.
> It may be recalled that the Government had initially held public hearings
> March 2000 on the BMIC project as required per the Environment Protection
ACt,
> but adjourned them with the assurance that citizens' demand for access to
RMTC
> project information would be mot prior to holding hearings again.
Subsequently
> however, it proceeded to conduct the Hearings during June-July in
Bangalore,
> Mandya and Mysore,
but without keeping its commitment of sharing
information.
> When citizens rightfully demanded that the commitment be met or the
Hearings
> be postponed,
the District Commissioners chairing the Hearings ordered
selective
> arrests of those demanding transparency.
The police conducted these
arrests
> in a brutal manner vitiating completely the climate of participatory
debate that
> the Hearings were meant for. The undersigned was a victim of this
reprehensible
■of7
NHRC directs review by Karnataka Chie...Rizhts Violations in BMIC Public Hearings
12/19/01 12:48 PM
> action and rained the issue with NHRC in a formal complaint.
>
> The present decision of NHRC provides the State Government an opportunity
> set right a great wrong committed against the public interest, more
particularly
> the project affected communities.
The BMIC project directly affects over
170
> villages and could potentially displace over 200,000 people according to
> estimates.
Because of the extraordinary secrecy surrounding the project,
there
> has never been a validation of the claims to the project's wider public
benefits.
> latest details are available on the website:
www.indiatogether.org/campaigns/bmic
>
> We have written to the Chief Secretary suggesting that per NHRC's
> the Pnhlio Hearings held as the basis of according clearances to the BMIC
project
> should be considered null and void and that consequently, all statutory
clearances
> accorded thus far should be termed void as well.
The Chief Secretary has
also
> been requested to ensure compliance with the Chief Minister’s 11th July
2000
> sssizranoe
that an encruiry‘ Jby the Divisional Commissioner would be
> into the actions of the Deputy Commissioners who ordered the highly
questionable
> arrests.
This commitment has not been met as yet.
> Leo F. Saldanha
> Coordinator
> Environment Support Group
>
> Enclosed copy of NHRC Direction
>
> Case No.
>
>
>
>
93/10/2000-2002
National Human Rights Commission
Sardar Patel Bhavan
Sansad Marg
ILaw Division)
New Delhi 110 001
> Dated: 13/08/2001
> The Chief Secretary
> Government of Karnataka
■of 7
12/19/01 12:48 PM
Fjv: NHRC directs review by Karnataka Chie...Rights Violations in BMIC Public Hearings
Sh. Leo F. saldanha
Coordinator, Environment Support Group
02/00/2001.
> Upon pursuing the complaint,
the Commission directed as follows:
Let the complaint be transmitted to the Chief Secretary. Government of
approprii
circumstances.
Commission
herewith a copy of the complaint for
taking appropriate
directions of the Commission.
It is
leks fi
Commiss.
the
Assistant Registrar
Ends: As above
The Secretary (Law and Order)
Govt,
of Karnataka, Bangalore
intent Support Grau;
ENclosed Copy of Letter To Chief Secretary
> Government of Karnataka
> Vidhana Soudha
> Bangalore 5SO 001
Reg.:
NHRC direction in Case No.
93/10/2001-2002 regarding Human Right
Bearings held as part of ths
clearance
> for the Bangalore Mysore Infrastructure Corridor Project
5iof7
Fw: NHRC directs review by Karnataka Chie...Rights Violations in BMIC Public Hearings
(BMIC)
12/19/01 12:53 PM
> We have received a copy of the NHRC letter dated 13/24 August 2001
addressed
> to you, intimating NHRC's directions that you would "look into the
> based on our complaint lodged as above, and "take such action as is
appropriate
> in the circumstances".
It has also been stated that an
"action taken"
report
> would have to be submitted to NHRC within a period of 4 weeks from receipt
r.
> the said letter.
>
> Towards ensuring healthy public participation and transparency in decision
anu building public confidence in the rule of law, we would be most
obliged if
> you would consider the following suggestions for initiating appropriate
> 1. The NHRC's direction acknowledges the merit of our grievance, more
fully detailed
> in the complaint
A most appropriate action to correct this gross
> involve holding fresh Public Hearings on the project.
In our opinion,
therefore,
> earlier Public Hearings are to be considered null and void and this would
render
> 311 r* i^c^o^dsd to
p^o^^ct void as w&ll
>
> To ensure meaningful participation of the public, it is imperative that
such
> hearings be held only after fully sharing public domain information on the
> project.
>
> 2. In this regard we would also like to recall
Minister
> Shri. S. M.
that on 11 July 2000, Chief
Krishna had ordered that the Divisional Commissioner conduct
an enquiry
> into the manner in which the Public Hearings were "held".
This action was
ordered
> as a result: of wid^spra^d condemnation of the human rights abuse.
To the
> of out under standing, no action lias been initiated in this regard till
now.
> We feel that ensurina compliance with the Chief Minister's directions and
> the outcome of the enquiry public would partially fulfill the expectations
> the NHRC as regards the "appropriate action" to be taken. Such a step
would also
> guarantee that human rights violations would not recur in the future in
> Public Hearings.
>
> We do hope you will affect these actions at the earliest and ensure that
the
> carriage of justice is not compromised.
12/19/01 12:53 PM
7of7
12/19/01 12:56 PM
(_0r4r
CIVIL SOCIETY MEETING ON <?xml: namespace prefix - ons =
" urn; schemas-microsofi-com: office: office ” / >
HUMAN RIGHTS, JUSTICE AND THE NAGA PEACE PROCESS
KOHIMA, MARCH 18-19, 2001
toured v
were - '.'amenglong
olsoma
ised of people representing various mass based organic
Is, a retired Judge, Lawyers, Journalists, Professors, a
en’s Rights Activists and NGOs.
nvention a* Kohima deliberated on the following topics: Violatioi
Mag? civil Society; Impact of 50 years of Democratic polity of Nagas ar
1 the Nagas relation with other communities. The participants also I
:ps under the following themes: Human Rights violations, Civil strife a:
path, Conflict situation and Media, Nagas and other communities, Naga
lease-fire and Peace process.
le people to people Dialogue was focused on Panel Discussions 01
reflection on the various aspect of long drawn Indo-Naga
this declaration with you for your information as well as to seek you::
litiative. If you want to be part of this kindly sign the resolution and sen
e and address.
ut with a Dossier "Naga resistance and the peace process" prepared a
for individuals who want to be part of this campaign. If you need a ?
vrite to us so that we can post it to you. However, this would cost
ig postal charges from within India.
For outside India it will be
Name; Resoluti.rtf
Type: Winwojfd File (application/msword)
.
Kohimade.rtf
Type: Winword File (application/msword);
fee : dag: quoted-printable
Nsae: Finpart.rtf
Winword File (applicaticn/mswcrd)!
:: i: ng; quoted-printable
CIVIL SOCIETY MEETING ON
Hl MAN RIGHTS. JUSTICE AND THE NAGA PEACE PROCESS
KOHIMA. MARCH 18-19, 2001
KOHIMA DECLARATION
The Kohima Declaration adopted on March 19th 2001 by the civil society groups from Nagalim and the
Indian Sub-continent.
We, the members of the civil society, convinced that the overwhelming desire of the Naga people is to
live in dignity and freedom which have been denied to them for over 53 years, and mindful of the
imperative need for a peacefully negotiated solution reiterate the following:
The partial cease-fire which has lasted for over three and a half years is a cause for concern because:
a) Political dialogue has yet to start.
b) The Armed Forces Special Powers Act and other draconian laws continue to be in operation.
ac) Organisations with which negotiations are to be held have been banned and warrants of arrest
w
issued against their leaders.
d) Violations of basic rights of people carry on.
e) A campaign of calumny has been unleashed against Naga civil society groups.
Furthermore, corruption of civilian and security apparatus have reached endemic proportions and
paralysed all development.
We therefore demand :
a) The withdrawal of Armed Forces Special Powers Act, National Security Act, Nagaland Security
Regulation, 1962, Assam Maintenance of Public order, 1963, Unlawful Activities Prevention Act
ai id other such draconian laws and democratic rights of people be restored;
b; Government of India must ensure withdrawal of all cases against the members of the Naga
National Movement;
c) Ceasefire be honoured in letter and spirit between the two parties namely the Government of
India and NSCN (IM) and role of the civil administration be
fully established; and
£d) The Government of India without further delay fulfill its commitment to hold unconditional talks at
the highest level.
Mindful of the anxieties and fears that have been stoked by several quarters, deliberately misinterpreting
tl.ie terms of the ceasefire, we feel that these apprehensions need to be addressed in order to ensure
that divisions are not created between the Nagas and their neighbours to thwart the peace process.
While appreciating the ongoing efforts made by the Naga people and their organizations, we urge them
to carry on the dialogue with all neighbouring communities for resolution of all issues that concern them,
m the spirit of mutual respect and peaceful co-existence.
We also believe that due recognition must be given and acknowledgement made to the women and
youth for their contribution to the Naga people’s struggle for peace and justice.
Finally we affirm the need to build a wider peace constituency in order that the civil society can play its
pivotal role in promoting just and democratic peace.
L- LvForum
® I H R HILFSWERK
Problematic Pragmatism
The Ruggie Report 2008: Background, Analysis and Perspectives1
June 2008
In June 2008, John Ruggie, Special Representative of the UN Secretary-General for business
and human rights, is to present his "Protect, Respect and Remedy: a Framework for Business
and Human Rights" report to the UN Human Rights Council. The report marks a further
interim result of the United Nations debate on the responsibility and accountability of
transnational corporations, which has now been in progress on for many years.
The report forms the preliminary conclusion of a three-year research and consultation
process that Harvard professor Ruggie had been commissioned to conduct by the UN
Secretary-General and had commenced in July 2005. The Special Representative was
appointed on recommendation of the then UN Commission on Human Rights, which had
turned down a proposal on binding UN Norms on the Responsibility of Transnational
Corporations and Other Business Enterprises with Regard to Human Rights in the same year.
Ruggie's mission was less ambitious. In particular, he was supposed "(...) to identify and
clarify standards of corporate responsibility and accountability for transnational corporations
and other business enterprises with regard to human rights;"and "(...) to elaborate on the
role of States in effectively regulating and adjudicating the role of transnational corporations
and other business enterprises with regard to human rights, including through international
cooperation”.234
John Ruggie's report identifies grave deficits in the current human rights regime that
represent an obstacle to protection to individuals and communities against corporate-related
human rights violations. He notes "escalating charges of corporate-related human rights
abuses'8, regarding this as "the canary in the coal mine, signalling that all is not well".'1
The Ruggie Report regards the "governance gaps created by globalization"as the root
causes of the "business and human rights predicament".5 "These governance gaps provide
the permissive environment for wrongful acts by companies of all kind without adequate
sanctioning and reparation.'6 Ruggie sees the fundamental challenge as identifying "how to
narrow and ultimately bridge the gaps in relation to human rights".7
Nevertheless, the Report does not respond to the global governance gaps it notes with
global governance solutions. Instead, it is limited to what its author deems politically
achievable. This above all includes incremental steps towards observing human rights at
This paper was written by Jens Martens, Global Policy Forum, and edited by Elisabeth
Strohscheidt, Misereor.
2 E/CN.4/RES/2005/69 of the 20th April 2005.
3 UN Doc. A/HRC/8/5 of the 7th April 2008, para. 2.
4 Ibid.
5 Ibid., para. 3
6 Ibid.
7 Ibid.
2
national level, especially in Bilateral Investment Treaties (BITs) and in export promoting via
Export Credit Agencies (ECAs). Ruggie is in favour of strengthening judicial capacities to hear
complaints and enforce remedies against corporations. He recommends the corporations
themselves to observe "due diligence" regarding respect for human rights and gives some
practical recommendations in this context.8
However, Ruggie categorically rejects the UN Norms or any other global legal instrument to
establish the human rights duties of corporations. Neither does the report address calls by
human rights organisations for a UN special procedure (e.g., independent expert or group of
experts) on business and human rights or a proposed International Advisory Centre offering
governments of developing countries legal support vis-a-vis transnational corporations.
Thus Ruggie's report falls way short of the expectations of civil society organisations. With
his "principled pragmatism"approach, Ruggie formulates what he feels is politically feasible
given the forces that be in society but does not state what would be desirable and necessary
to protect human rights.
The report that John Ruggie is to present to the Human Rights Council in June 2008 has a
long history. As early as the mid-1990ies, the then Sub-Commission on Prevention of
Discrimination and Protection of Human Rights9, which at the time was a subsidiary body of
the UN Human Rights Commission, had commissioned three reports on Transnational
Corporations (TNCs) and human rights.10 These reports stressed the need to create an
international legal framework for TNCs. For example, the 1996 report states:
"A new comprehensive set of rules should represent standards of conduct for TNCs and set
out economic and social duties for them with a view to maximizing their contribution to
economic and social development. "I1
This basic consideration prompted the Sub-Commission to appoint a working group to
address in more detail the working methods and activities of TNCs in 1999. Already at its
first session in August 1999, this working group announced that it would develop a "code of
conduct for TNCs based on the human rights standards".'2 After a consultation process
lasting almost four years and involving enterprises, industrial associations, civil society
organisations, trade unions and institutions of the UN system, the working group submitted
its draft version of "Norms on the Responsibilities of Transnational Corporations
and Other Business Enterprises with Regard to Human Rights" in 2003.13 On the
13th August 2003, the Sub-Commission approved by consent the draft version and
transmitted it to the UN Commission on Human Rights.
At its 2004 Session, this draft version of binding standards for enterprises was given a cool
response by the Commission. It explicitly stressed that this document "has not been
requested by the Commission and, as a draft proposal, has no legal standing".14 Instead of
adopting the norms, it commissioned the Office of the High Commissioner for Human Rights
to compile a further report on the topic. In 2005, the Office submitted a comprehensive
report following a transparent consultation process involving all stakeholders. This report still
8 Ibid., paras 60-64
9 ECOSOC renamed it as the Sub-Commission on the Promotion and Protection of Human Rights in 1999.
10 UN Doc. E/CN.4/Sub.2/1995/ll of the 24“’ July 1995, E/CN.4/Sub.2/1996/12 of the 2nd July 1996 and
E/CN.4/Sub.2/1998/6 of the 10th June 1998.
11 E/CN.4/Sub.2/1996/12 of the 2nd July 1996, para. 74.
12 E/CN.4/Sub.2/1999/9 of the 12“’ August 1999, para. 32.
13 E/CN.4/Sub.2/2003/12/Rev.2 of the 26th August 2003.
14 E/CN.4/DEC/2004/116 of the 20th April 2004.
3
refers to the UN Norms as one of several instruments deemed important regarding corporate
responsibility that require further assessment.15
However, the resolution on the topic of "Human Rights and transnational corporations and
other business enterprises" of the Human Rights Commission 2005 completely ignored the
norms, effectively hushing them up.16 Instead, it called on the UN Secretary-General to
appoint a special representative on the issue of human rights and transnational corporations
and other business enterprises for an initial period of two years. The Special Representative
was to be given the following mandate:
"(a) To identify and clarify standards of corporate responsibility and accountability for
transnational corporations and other business enterprises with regard to human rights;
(b)
To elaborate on the rote of States in effectively regulating and adjudicating the role of
transnational corporations and other business enterprises with regard to human rights,
including through international cooperation;
(c)
To research and clarify the implications for transnational corporations and other business
enterprises of concepts such as "complicity" and “sphere of influence";
(d)
To develop materials and methodologies for undertaking human rights impact
assessments of the activities of transnational corporations and other business enterprises;
(e)
To compile a compendium of best practices of States and transnational corporations and
other business enterprises ...'"7
The resolution was adopted with 49 votes in favour, three against, and one abstention.18 The
USA rejected it arguing that the resolution "takes a negative tone towards international and
national business, treating them as potential problems rather than the overwhelmingly
positive forces for economic development and human rights that they are".19 The USA would
reject any resolution not explicitly clarifying that it “was not intended to further the cause of
norms ora code of conduct for TNCs".20The USA's unequivocal declaration to reject any
binding international standards being set that were critical of business also gave a clear
signal to the address of the future Special Representative.
On the 28th July 2005, the then UN Secretary-General Kofi Annan met the request by the
Human Rights Commission and appointed his confidant of many years' standing John Ruggie
as Special Representative for business and human rights. Ruggie, a US American, had been
Assistant Secretary-General and Chief Advisor for strategic planning to United Nations
Secretary-General Kofi Annan from 1997 to 2001. He is regarded as one of the spiritual
fathers of the Global Compact and a champion of a global governance concept based on co
operation with business rather than on its global regulation. Thus the appointment of Ruggie
also meant setting a political course.21
In his first Interim Report, in 2006, Ruggie distances himself in unusually harsh terms from
the proposed UN Norms. In his words, “(...) the Norms exercise became engulfed by its own
doctrinal excess. Even leaving aside the highly contentious though largely symbolic proposal
to monitor firms and provide for reparation payments to victims, its exaggerated legal claims
15 E/CN.4/2005/91 of the 15th February 2005
16 E/CN.4/RES/2005/69 of the 201” April 2005.
17 Ibid., para. 1.
18 Votes against: Australia, South Africa and USA, abstentions: Burkina Faso.
19 Statement of US Delegate Leonard Leo at the Commission on Human Rights on item 17 "Transnational
Corporations", April 201”, 2005.
20 Ibid.
21 John Ruggie works as Special Representative in an honorary capacity. Ruggie's main profession is that of Evron
and Jeane Kirkpatrick Professor of International Affairs and director of the Kennedy School's Mossavar-Rahmani
Center for Business and Government at Harvard University. The Center's most important programmes include the
Corporate Social Responsibility Initiative. It is financed by 11 large-scale enterprises, among them Chevron, CocaCola, General Motors, Microsoft and Shell as well as the United Nations Industrial Development Organization
(UNIDO) (cf. www.hks.harvard.edu/m-rcba/CSRI/index.html ).
4
and conceptual ambiguities created confusion and doubt even among many mainstream
international lawyers and other impartial observers.,e2
Ruggie criticises the norms claiming that they "(...) take existing State-based human rights
instruments and simply assert that many of their provisions now are binding on corporations
as well. But that assertion itself has little authoritative basis in international law- hard, soft
or otherwise.,e3
Additionally, he is critical of the UN Norms because of their "(...) imprecision in allocating
human rights responsibilities to States and corporations".22
24
23
His conclusion: "(...) the divisive debate over the Norms obscures rather than illuminates
promising areas of consensus and cooperation among business, civil society, governments
and international institutions with respect to human rights".25 Thus Ruggie once again
emphasised his approach based on a consensus and co-operation with business, with which
he himself restricted his political scope for action regarding the subsequent surveys and
consultations far more than his mandate prescribed.
Ruggie required more time than originally provided for to complete his final report, so that
he only submitted a second interim report in 2007 and requested that the now existing
Human Rights Council extend his mandate by a further year.
The second Ruggie Report is conceived as a mapping exercise, describing the existing
international standards, instruments and the current trends in the field of corporate
responsibility and accountability.26 Its scope ranges from the Human Rights Treaties,
stressing the principle of the state duty to protect, through "soft law" instruments such as
the OECD Guidelines for Multinational Enterprises to various forms of corporate self
regulation.
"By far the most consequential legal development"is seen by Ruggie in "the gradual
extension of liability to companies for international crimes, under domestic jurisdiction but
reflecting international standards".2728
The most striking example of this is the US American
Alien Tort Claims Act (ATCA). It enables businesses to be taken to court in the USA for
violations of human rights in third countries. Ruggie expects such legal action to be taken
against companies more frequently in future: "The risk environment for companies is
expanding slowly but steadily, as are remedial options for victims.,ea Elsewhere, with a view
to companies, he speaks of the "(...) greater risk of their facing allegations of 'complicity'
G-)"2930
Ruggie attaches special importance to the soft-law approaches: "(...) while States have been
unwilling to adopt binding international human rights standards for corporations, together
with business and civil society they have drawn on some of these instruments in establishing
soft law standards and initiatives. It seems likely, therefore, that these instruments will play
a key role in any future development of defining corporate responsibility for human rights.,B0
As an example, he particularly stresses the OECD Guidelines, the Extractive Industries
Transparency Initiative (EITI) and the Kimberley Process.
According to his own statements, the second Ruggie Report was based on two dozen
research papers, five multi-stakeholder consultations, four legal expert workshops and
several visits by Ruggie to companies in developing countries. The results of all these
22 E/CN.4/2006/97, para. 59.
23 Ibid., para. 60.
24 Ibid., para. 66.
25 Ibid., para. 69.
26 A/HRC/4/35 of the 19th February 2007.
27 Ibid., para. 84.
28 Ibid., para. 27.
29 Ibid., para. 30.
30 Ibid., para. 44.
5
activities are documented not only in the Report itself but also in four Addenda and a
companion report on the topic of human rights impact assessments.31 Given this effort, the
result turned out to be modest, for its substance did not go beyond earlier reports and
research exercises of the UN.
Thus expectations focused on the third and (for the time being) final report of the Special
Representative. In a joint letter to John Ruggie, more than 200 civil society organisations
formulated four priority tasks that Ruggie was supposed to fulfil with his third report:
•
help to deepen the focus by the UN on actual situations relating to human rights and
business, especially with regard to the perspective of victims so as to illustrate the
scope and nature of abuses;
•
analyze the factors driving the failure of states to adequately discharge their duty to
protect the human rights of individuals, communities and indigenous peoples;
•
assess the inherent limitation of voluntary initiatives, in order to avoid an overreliance
on such initiatives; and
•
help to spread awareness of the compelling need for global standards on business
and human rights to be outlined in a UN declaration or similar instrument adopted by
member states.32
However, Ruggie's reply to this letter already dampened expectations. He referred to the
restricted scope of his mandate and announced that he would not submit any report "that
limits itself to solutions that may - or may not - materialize a quarter century hence".33
2. The - bird Ruggie Report
In his third report, John Ruggie above all intends to work out the conceptual frame for the
future political discourse on business and human rights. For he feels that so far, the business
and human rights agenda has been "hampered because it has not been framed in a way that
fully reflects the complexities and dynamics of globalization and provides governments and
other social actors with effective guidance".34
The frame that Ruggie proposes comprises three core principles:
•
The State duty to protect against human rights abuses by business.35
•
The corporate responsibility to respect human rights.
•
The effective access to remedies.
Thus Ruggie makes a basic and explicit distinction between the comprehensive duties of the
states regarding human rights and the limited responsibility of business enterprises to
respect human rights. In doing so, he is again distancing himself from the approach of the
UN Norms, which, while recognising the primary responsibility of states to protect human
rights, formulate a much wider definition of corporate responsibility by noting that:
"Within their respective sphere of activity and influence, transnational corporations and
other business enterprises have the obligation to promote, secure the fulfilment of, respect,
ensure respect of and protect human rights (...).,aB
31 A/HRC/4/35/Add.l-4 of the 8th, 13th, 15th and 28th February 2007 and A/HRC/4/74 of the 5th February 2007.
32 Letter to Professor John Ruggie, 25°’ October 2007 (final version).
33 Letter of John Ruggie to Julieta Rossi, Director, ESCR-Net, 15th October 2007.
34 A/HRC/8/5, para. 10.
35 Ruggie explicitly points out that "duty to protect is well established in international law and must not be
confused with the concept of the 'responsibility to protect'in the humanitarian intervention debate". (H/HRC/8/5,
footnote 5).
6
At the same time, Ruggie acknowledges that "state regulation proscribing certain corporate
conduct will have little impact without accompanying mechanisms to investigate, punish and
redress abuses". 36
37
Priority fields of action for governments
For Ruggie, one of the core issues is how the generally accepted state duty to protect
human rights can be translated into concrete policy measures of governments vis-a-vis
companies. Here, he refers to a number of political issues that can be addressed at national
and international level, such as:
•
Fostering Sustainability Reporting: Governments can take advantage of and
support market pressure on companies by promoting sustainability reporting of
companies or prescribing it as a binding requirement. This also includes reporting on
compliance with human rights and social standards. This applies in particular to
public or state-owned enterprises. As an example, the Ruggie Report cites Sweden,
which demands that its state-owned enterprises submit sustainability reports applying
the Guidelines of the Global Reporting Initiative.3839
In this manner, Ruggie argues,
stakeholders are in a better position to compare rights-related performance of
companies. However, the Ruggie Report does not mention that the market pressure
he is relying on above all urges enterprises to cut costs and increase profits in order
to be able to compete with their rivals. Thus there is an inherent conflict of aims
between the protection of human rights and maximising profits that cannot be
resolved by the markets.
•
Human Rights obligations in investment treaties: The Ruggie Report is correct
in noting incoherence between state policies to promote investment and the
protection of human rights. Thus the thousands of Bilateral Investment Treaties
(BITs) primarily serve the purpose of protecting investors. However, owing to the
binding complaints and arbitration procedures, they considerably restrict the
readiness of governments to raise environmental, social and human rights standards.
For if the latter increase the production costs of companies, they can be interpreted
as the expropriation of future profits and entail corresponding compensation
demands.
Similar arguments apply to agreements between host governments and companies,
which not rarely contain the commitment of governments to freeze the existing legal
framework to cover the entire period of the agreement, which may be up to 50 years.
Thus extending environmental and social standards can result in the investor claiming
for damage, especially in developing countries. A survey conducted together for the
Special Representative and the International Finance Corporation (IFC) shows that
the agreements between companies and governments of non-OECD countries
"constrain the host State's regulatory power significantly more than those signed with
OECD countries (...)".3a
The consequences that Ruggie draws from these deficiencies remain vague, however.
He confines himself to demanding more transparency in the arbitration procedures
and recommends that together with companies and institutions promoting
investment, governments "should work towards developing better means to balance
investors'interests and the need of host States to discharge their human rights
obligations".40 Thus he is asking for trouble by placing the business interests of
investors on the same level as that of the human rights duties of states - instead of
clearly giving human rights precedence over economic interests. Ruggie makes no
36 E/CN.4/Sub.2/2003/12/Rev.2, para. 1.
37 A/HRC/8/5, para. 82.
38 Ibid., para. 30.
39 Ibid., para. 36. The survey, titled "Stabilization clauses and human rights", is available at www.reports-andrnaterials.org/Stabilization-Clauses-and-Human-Riqhts-ll-Mar-2008.pdf
40 Ibid., para. 38.
7
mention of further reaching proposals to establish human rights clauses in investment
agreements or the detailed draft drawn up by the International Institute for
Sustainable Development (USD) for a Model International Agreement on Investment
for Sustainable Development.41
•
Linking ECAs to human rights: One aspect that Ruggie proposes to motivate
governments and enterprises to gain greater respect for human rights is the
guarantees of Export Credit Agencies, ECAs. So far, however, only few ECAs have
considered human rights aspects in awarding guarantees. But ECAs ought to "(...)
require clients to perform adequate due diligence on their potential human rights
impact".42 This would enable them "(...) to flag up where serious human rights
concerns would require greater oversight - and possibly indicate where State support
should not proceed or continue".43 Nevertheless, here too, the Report fails to mention
any concrete recommendations for action.
•
Revision of OECD Guidelines: The only international instrument in the area of CSR
mentioned explicitly in the Ruggie Report is the OECD Guidelines for Multinational
Enterprises. Here, he clearly complains that in their human rights provisions, the
Guidelines "not only tack specificity, but in key respects have fallen behind the
voluntary standards of many companies and business organizations".44 For this
reason, he is in favour of reviewing the Guidelines - without making any proposal on
what the revised Guidelines should look like in terms of their contents.
•
Use of Security Council sanctions: In conflict regions in which the rule of law is
not guaranteed, violations of human rights can be punished only insufficiently. In
order to directly call companies to responsibility in these regions, the Ruggie Report
points to the options for sanctions that the UN Security Council has. Its direct
sanctions vis-a-vis individual companies have shown "a restraining effect"'m the DR
Congo, Sierra Leone and Liberia.45 In this context, Ruggie refers to a report of the UN
Secretary-General recommending that in future, better use be made of sanctions visa-vis companies.4647
48
The Specific Responsibility of Corporations
Regarding the issue of direct responsibilities that companies have to protect human rights,
Ruggie repeats his basic criticism of the UN Norms and explicitly assumes a counter-position.
In his words, the norms would have defined a "limited list of rights linked to imprecise and
expansive responsibilities".41 Instead, he calls for a definition of "the specific responsibilities
of companies with regard to all rights".46 In reality however, the UN Norms are by no means
restricted to a limited number of rights but are based on a very comprehensive human rights
approach. They merely combine these rights in 23 norms that are of particular relevance to
the area of corporate activities.
He demonstrates that there is no point in limiting the responsibility of business to certain
rights by referring to an examination of 320 cases of human rights violations that companies
41 Cf. Mann, Howard et al. (2005): USD Model International Agreement on Investment for Sustainable
Development. Winnipeg: USD (www.iisd.orq/pdf/2005/investment model int aareement.pdf).
42 A/HRC/8/5, para. 40.
43 Ibid.
44 Ibid., para. 46.
4S Ibid., para. 48.
46 Cf. the UN Secretary-General's Report S/2008/18 of the 14°' January 2008, paras. 16-18 and 64 (d), stating
there that: 'The use of sanctions could be broadened to apply not only to belligerent States but also to non-state
actors. In that regard, the Security Council should continue the debate it held in June 2007 on natural resources
and conflict, examining options such as the use of sanctions, monitoring and reporting to increase transparency
in the international private sector."
47 A/HRC/8/5, para. 51.
48 Ibid.
8
were involved in from 2005-2007.49 Ruggie maintains that this examination shows that
"there are few if any internationally recognized rights business cannot impact".50
In order to define the specific responsibility of companies, Ruggie introduces the concept of
"due diligence" in his report. In his words, this concept describes “the steps a company
must take to become aware of, prevent and address adverse human rights impacts".51 A
human rights due diligence process ought to comprise the following four elements in a
company:
•
A corporate human rights policy that can act as a guideline for the different fields
of action of a company.
•
The systematic conducting of human rights impact assessments.52
•
The integration of human rights policy in all areas of the company.
•
Monitoring and auditing processes in order to check the implementation of the
human rights policy.
The substantive content of a company human rights policy ought to be formed, "ata
minimum", by the international bill of human rights and the ILO core conventions.53
Responding to the issue of how the due diligence process for the area of human rights could
be established in a company, Ruggie points to "comparable processes"which "are typically
already embedded in companies because in many countries they are legally required to have
information and control systems in place to assess and manage financial and related risks".54
But Ruggie fails to recommend precisely such a comparable legal requirement for the area of
human rights. Instead, he once again merely refers to industry and multi-stakeholder
initiatives that ought to serve to "promote sharing of information, improvement of tools, and
standardization of metrics".5556
It comes as no surprise that in Ruggie's view, it is above all the
Global Compact that "is well-positioned to play such a role".55
By dispensing with any legal provisions, Ruggie's concept of "due diligence" remains purely
appellative and only addresses those companies that voluntarily subject themselves to this
process, whereas his appeal has no effect precisely for the "black sheeps" among
companies.
Sphere of influence and complicity
The Special Representative gives special focus to the terms "sphere of influence" and
"complicity", thus fulfilling the mission of the Human Rights Commission which, in its
description of his mandate in 2005, explicitly demanded that he “research and clarify the
implications"of these concepts for companies. However, rather than clarifying them, the
Report tends to qualify these terms.57
In Ruggie's words, the term "sphere of influence" was used as a "spatialmetaphor"in the
Global Compact.58 The spheres are described as concentric circles around a company, with a
company's influence as well as responsibility decreasing from the inner (employees,
49 The ’Survey of Scope and Patterns of Alleged Corporate-Related Human Rights Abuse" will be published as an
Addendum to the third Ruggie Report, cf. A/HRC/8/5/Add.2.
50 A/HRC/8/5, para. 52.
51 Ibid., para. 56.
52 Cf. on this topic the special Report A/HRC/4/74 of the Sth February 2007.
53 A/HRC/8/5, para. 58.
54 Ibid., para. 56.
S5 Ibid., para. 64.
56 Ibid.
57 Titled ’Clarifying the concepts of 'sphere of influence' and 'complicity'", a special Companion Report on these
topics is to be published by the Special Representative in 2008, cf. A/HRC/8/16.
58 A/HRC/8/5, para. 66.
9
shareholders) to the outer circles (suppliers, state institutions, etc.)- Ruggie thinks that the
term is still useful as a metaphor but not "as a basis for attributing legal obligations to
companies".59
However, at the same time, he also thinks that the picture of concentric circles is misleading,
for "it is not proximity that determines whether or not a human rights impact falls within the
responsibility to respect, but rather the company's web of activities and relationships".60
Thus however, he is not questioning the fact that the influence of companies on human
rights reaches beyond one's own company but rather the interpretation of sphere of
influence formed by the Global Compact itself.
The term "complicity" is established more strongly legally, especially in the area of
international criminal jurisdiction. The Ruggie Report stresses that "the number of domestic
jurisdictions in which charges for international crimes can be brought against corporations is
increasing, and companies may also incur non-criminal liability for complicity in human rights
abuses".61
But even if a company cannot be directly held to account as an accomplice of human rights
violations, there is a danger of high reputation costs if the company is deemed guilty in the
eyes of the public. Ruggie claims that it is "not possible to specify definitive tests for what
constitutes complicity in any given context".6263
But in order to avoid complicity, companies
should in all circumstances employ the above-described due diligence process, especially the
human rights impact assessments, also taking into consideration the relationships with
external actors.
Ruggie's opposition against a binding treaty
John Ruggie has repeatedly stressed that he rejects any legally binding instrument to
regulate companies at global level. In an article written for Ethical Corporation in May 2008,
he refers to three reasons for this:53
1.
Treaty-making can be "painfully stow".
2.
A treaty-making process "risks undermining effective shorter-term measures to raise
business standards (...)".
3.
Serious questions remain "about how treaty obligations would be enforced".
None of the three statements is particularly convincing as an argument against global
regulations for companies, for they all apply to most instruments of international law. If
governments had acted in accordance with Ruggie's logic, there would be neither a
Covenant on Civil and Political Rights nor a Covenant on Economic, Social and Cultural
Rights. For their negotiation and ratification processes also made "painfully slow" progress.
The negotiations on climate protection give an example that short-term measures of like
minded governments are perfectly conceivable in spite of obstacles during negotiations at
global level, for example regarding the promotion of renewable energies. And that problems
occur in enforcing conventions would also be an argument against many of the ILO
conventions - without their rationale being seriously disputed for this reason.
So it would be perfectly feasible to start a treaty-making process now, while simultaneously
taking shorter-term practical steps. But even with such a strategy, Ruggie sees four "serious
risks":
59 ibid.
60 Ibid., para. 71.
61 Ibid., para. 74.
62 Ibid., para. 76.
63 John Ruggie: Business and human rights - Treaty road not travelled. 6 May 2008.
(www.ethicalcorp.com/content.asp?contentid=5887)
10
1.
Governments "may invoke the fact of treaty negotiation as a pretext for not taking
other significant steps, including changing national laws
2.
The limited capacities of governments, NGOs and companies would be tied down by
a treaty-making process, thus making them unavailable for "practical and urgently
needed innovations".
3.
A treaty agreed on a consensus among governments would only reflect the lowest
common denominator and "would not match the highest voluntary standards today".
4.
Pressure from NGO campaigns on companies "to perform at the highest voluntary
/eve/" would be less effective if the latter could appeal to lower international
standards.
These arguments are speculative, too, and can easily be neutralised by counter-arguments.
Ad 1: Governments regularly argue that they are unable to introduce higher standards and
more stringent national laws unilaterally precisely because this would put them at a
locational disadvantage. One particularly obvious example in this respect is corporate
taxation.
Ad 2: All experiences with international negotiations have shown that relatively few experts
are involved in the negotiating processes proper. This does not tie down capacities to a
significant degree. But at the same time, with an international negotiating process, a
discursive forum can be created via which public awareness can be raised and political
pressure can be created. Here too, the climate negotiations are a good example.
Ad 3: If international negotiating processes are initially driven by a coalition of like-minded
governments and NGOs, as was the case, for example, with the Anti-personnel Mines
Convention or the preparations for the founding of the International Criminal Court, the
result by no means needs to represent the smallest common denominator, which is
determined by some governments intent on blocking the process. But at the same time, in
the case of globally agreed conventions, too, there is the option of a sub-group of like
minded governments to go beyond the minimum consensus with the aid of Optional
Protocols.
Ad 4: Civil society organisations will by no means be deterred from calling on companies and
governments to meet further-reaching commitments in their campaigns by the existence of
international agreements at low level. Thus the existence of the core labour standards of the
ILO by no means represents an obstacle to trade unions to fighting for more far-reaching
rights at national level vis-a-vis companies. And neither the insufficient Framework
Convention on Climate Change nor the Kyoto Protocol have prevented environmental groups
from calling oil companies and automobile corporations to account for the detrimental effects
that their products have on the climate.
Finally, Ruggie's argument that there are no realistic enforcement instruments for a possible
treaty and that it would therefore rapidly lose legitimacy is hardly convincing either. He is
probably right in claiming that the enforcement of global corporate rules would not yield any
value added if it was restricted to the existing legal instruments in the home or host states of
the companies. Also, the option of an international court for companies really is hardly
conceivable for the foreseeable future (although this was also thought of the realisation of
an International Criminal Court just two decades ago). And the notion of elevating the Treaty
Body of a global corporate convention to the status of a supervisory body for the 77,000
Transnational Corporations and committing them to report to this Treaty Body is not only
unrealistic but is not seriously being advocated by anyone.
In contrast, the arbitration procedures along the lines of WTO and the international
investment agreements would present perfectly feasible models. They show that
enforcement instruments can indeed be employed efficiently and in an unbureaucratic
11
manner provided that there is corresponding political will. Ruggie, however, does not
mention this option at all.
In the third part of his Report, he at least describes the current range of complaints and
damage compensation instruments in the field of human rights and concedes that "yet this
patchwork of mechanisms remains incomplete and flawed".6'1 Ruggie's conclusion is that "It
must be improved in its parts and as a whole".
Mechanisms to investigate, punish and redress
The most important part of the Ruggie Report deals with the options that victims of
corporate human rights violations have to complain and obtain compensation for damages
sustained. Here, the Report distinguishes between State-based judicial and non-judicial
mechanisms and non-State mechanisms.
The Report complains that "judicial mechanisms are often under-equipped to provide
effective remedies for victims of corporate abuse". 64
6566
At least, it notes, progress is slowly
being made, for instance regarding extraterritorial complaint options. One example is the
Alien Tort Claims Act already described in the 2007 Report, on the basis of which companies
were brought to court in the USA in more than 40 cases since 1993 to account for human
rights violations committed outside the USA. However, there is still considerable scope for
improvements. Ruggie's demand:
"States should strengthen Judicial capacity to hear complaints and enforce remedies against
all corporations operating or based in their territory, while also protecting against frivolous
claims. States should address obstacles to access justice, including for foreign plaintiffs especially where alleged abuses reach the level of widespread and systematic human rights
violations. '£6
Among the State-based non-judicial mechanisms, the Report above all highlights two dealing
with grievances relating to human rights violations. At national level, they are the National
Human Rights Institutes (NHRI). They deal in different manners and with different intensity
with grievances vis-a-vis companies.67 Ruggie holds that "the actual and potential
importance of these institutions cannot be overstated".68
At international level, complaints of corporate human rights violations may in particular be
addressed to the National Contact Points (NCPs) of the OECD Guidelines for Multinational
Enterprises. The Report regards the NCPs as "potentially an important vehicle for providing
remedy".69 But it also notes that they have "too often failed to meet this potential". Above
all, "the housing of some NCPs primarily or wholly within government departments tasked
with promoting business, trade and investment raises questions about conflicts of interest".70
In order to avoid this, the NCPs would have to be turned into independent institutions. The
Report refers to the commendable example of The Netherlands, where the NCP consists of
an independent four-person multi-stakeholder group. The Report does not address a number
of further deficits that the OECD complaints procedure has and that have again and again
been criticised by NGOs and trade unions. This includes restricting the complaints procedure
to investment cases and the lack of effective sanctioning and compensating instruments.
The Report also regards complaints mechanisms as indispensable for companies and multi
stakeholder or industry initiatives. It notes: "An effective grievance mechanism is part of the
64 A/HRC/8/5, para. 87.
65 Ibid., para. 88.
66 Ibid., para. 91.
67 Cf. here the special survey "Business and Human Rights: A Survey of NHRI Practices'', to be published together
with OHCHR in 2008.
68 A/HRC/8/5, para. 97.
69 Ibid., para. 98.
70 Ibid.
I
12
corporate responsibility to respect.”71 At the same time it addresses the warning to multi
stakeholder initiatives that "in the absence of an effective grievance mechanism, the
credibility of such initiatives and institutions may be questioned."72 The Report formulates six
minimum requirements for such complaints mechanisms:73
1.
Legitimate: Clear, transparent an sufficiently independent governance structures;
2.
Accessible: Information on the mechanism must be publicized to those who may wish
to access it;
3.
Predictable: A dear and known procedure with a time frame;
4.
Equitable: Fair and equitable terms for all parties engaged;
5.
Rights-compatible: Outcomes and remedies must accord with internationally
recognized human rights standards;
6.
Transparent: Sufficient transparency of process and outcome.
The Ruggie Report does not cite examples of companies or multi-stakeholder initiatives that
already fulfil these criteria.
Instead, it notes that in the current "patchwork of grievance mechanisms (...) considerable
numbers of individuals whose human rights are impacted by corporations, lack access to any
functioning mechanism that could provide remedy".74 This is not only due to a lack of
information but also to the "(...) limitations in the competence and coverage of existing
mechanisms".7576
In response to these deficits, the Report cites the proposals for the creation of a "global
ombudsman function that could receive and handle complaints".75 Although this represents
the only substantial innovation in the entire Report of the Special Representative, he above
all refers to the problems that the creation of such an institution would entail and is unable
to wholeheartedly support such a notion.
And yet it is this proposal that the international lobbying associations of business, the
International Organisation of Employers (IOE), the International Chamber of Commerce
(ICC) and the Business and Industry Advisory Committee to the OECD (BIAC), have reacted
to very sensitively in their preliminary commentary on the Ruggie Report. Whereas they give
a mainly positive assessment of the other passages of the Report, they declare: 'We do,
however, have serious reservations about the idea of establishing a global ombudsman
function as part of the business and human rights mandate. There are no convincing
arguments that establishing an international ombudsman - even if it were practical and
possible - would do anything to address the lack of access to effective and impartial judicial
mechanisms at the national and local levels that the Special Representative mentions. ”77
They are thus indicating that governments will have to reckon with considerable resistance
on the part of business if they go beyond the existing mechanisms and voluntary
arrangements in combating corporate violation of human rights.
71 Ibid., para. 93.
72 Ibid., para. 100.
73 Ibid., para. 92.
74 Ibid., 102.
75 Ibid., para. 103.
76 Ibid.
77 Joint initial views of the International Organisation of Employers (IOE), the International Chamber of
Commerce (ICC) and the Business and Industry Advisory Committee to the OECD (BIAC) to the Eighth Session of
the Human Rights Council on the third report of the Special Representative of the UN Secretary-General on
Business and Human Rights, May 2008. (www.reports-and-materials.org/Letter-IOE-ICC-BIAC-re-Ruqqie-renortMay-2008.pdf)
"
13
In its first sentence, the Ruggie Report notes: "The international community is still in the
early stages of adapting the human rights regime to provide more effective protection to
individuals and communities against corporate-related human rights harm.,irs
It is just as right in doing so as it is in identifying a wide governance gap preventing
adequate sanctioning and reparation of corporate human rights violations.
However, Reggie's self-restriction to solutions which he deems feasible and politically
expedient in the short term prevents him from addressing the gap he notes with adequate
governance solutions.
Not only does his explicit distinction between the "State duty to protect" and the "corporate
responsibility to respect" restrict the extent of corporate duties, but it also limits the degree
of their commitments. For in legal terms, "responsibility" is much weaker than "duty". Thus
the Report does not go beyond a description of the current status quo. Innovative ideas to
develop international law vis-a-vis companies will be sought in vain.
At least the Special Representative has had a wealth of material developed in his three years
in office so far that has enriched the discourse on business and human rights and requires
further evaluating.78
79 This includes, for example, the above-mentioned "Survey of Scope and
Patterns of Alleged Corporate-Related Human Rights Abuse".80
In addition, the Ruggie Report refers to some issues to be addressed by reforms, which,
developed consistently, could indeed bring about some progress. Among the following ten
steps, the first seven immediately take up the recommendations of the Ruggie Report, while
the last three go beyond them, filling in the blanks in this report.
1. Sustainability Reporting: Governments ought to foster independently verified
sustainability reporting following the Guidelines of the Global Reporting Initiative - up to
mandatory sustainability reports, especially for State-owned enterprises and sovereign
wealth funds.
2. Bilateral Investment Treaties (BITs): The interests of human rights have to be given
more consideration in BITs in future. An initial step would be to establish human rights, as
well as environmental and social clauses and duty of disclosure, for governments and
enterprises in all newly negotiated bilateral and regional investment agreements.
3. Linking ECAs to human rights: Human rights ought to be taken more strongly into
account in granting government guarantees for export credits. This includes mandatory
human rights impact assessments ahead of awarding the guarantees as well as the
withdrawal of a guarantee if a company supported is proven to have been involved in the
violation of human rights.
4. Revision of the OECD Guidelines: The OECD ought to introduce a process on the
revision and tightening of Guidelines for Multinational Enterprises, especially in the field of
human rights. At the same time, the National Contact Points ought to be reorganised and set
up as independent institutions outside the ministries of economics.
5. Use of Security Council sanctions: The instrument of Security Council sanctions vis-avis individual enterprises implicated in human rights violations in conflict regions ought to be
made better use of. Here however, care has to be taken that the Veto Powers do not exempt
companies from their own countries from prosecution.
78 A/HRC/8/5, para. 1.
79 Cf. here the complete "List of documents prepared by and submitted to SRSG on Business and Human Rights"
as of 1 May 2008 fwww,reports-and-materials.org/Special-Rep-documents-list-1 -May-2008.pdf). All documents
are available on the excellent website www.business-humanriqhts.org.
80 A/HRC/8/5/Add.2.
.14
----------------------------------------------------------------df6. Strengthening national complaints mechanisms: Judicial and non-judicial
*
complaints procedures vis-a-vis companies ought to be extended. This includes adopting
laws along the lines of the US American Alien Tort Claims Act as well as extending the
mandate and capacities of the National Human Rights Institutions (NHRI) in order to handle
grievances related to the human rights performance of corporations effectively.
7. Creation of a global Ombudsperson function: The Terms of Reference for a global
ombudsperson who can receive and handle complaints against individual enterprises
complementary to legal recourse at national and international level ought to be developed.
8. Special Procedure on business and human rights: The UN Human Rights Council
should adopt a mandate for a UN special procedure (e.g., independent expert or group of
experts) on business and human rights. This procedure should have a remit to research and
analyze patterns of corporate human rights abuses with reference to real situations, to
conduct field visits, to receive individual communications from victims of human rights
abuses and human rights defenders working on their behalf, to issue recommendations to
states and companies and to contribute to conceptual development within this field.
9. Creation of an International Advisory Centre: In order to support Governments of
developing countries in their negotiations with transnational investors, an International
Advisory Centre (similar to the one proposed under the former UN Centre for Transnational
Corporations) could be established through the UN to provide legal advice in contract
negotiations with TNCs, especially on Host Government Agreements.
10. Steps towards a framework agreement on corporate accountability: Any
journey, as long as it may be, always begins with the first step. Governments ought to take
this first step and commence preparations for an international legal instrument to establish
duties of corporations. With such a process, a discursive forum could be created that could
promote debate on the responsibilities of Transnational Corporations under the conditions of
globalisation. It could bring together the still often separately held discourses on corporate
accountability in the areas of human rights, environmental and consumer protection, labour,
combating corruption and taxation.
A consensus among all member states of the United Nations is not required to this end.
Following the example set by the Anti-personnel Mines Convention and the run-up process to
the International Criminal Court, a pacesetter coalition of like-minded governments and non
state actors could initially be formed to take the first steps.
At the end of his Report, John Ruggie correctly notes that the United Nations "must lead
intellectually and by setting expectations and aspirations"?1 However, this role demands far
sightedness, and therefore far more than merely restricting oneself to what is feasible in the
short term and to what is politically pragmatic.
MISEREOR
MozartstraBe 9
D-52064 Aachen
Contact: Elisabeth Strohscheidt
www.misereor.org
A/HRC/8/5, para. 107.
Global Policy Forum Europe
Bertha-von-Suttner-Platz 13
D-53111 Bonn
Contact: Jens Martens
www.qlobalpolicv.org
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