Yet another excellent piece from Peter Montague...How might citizens in the
US, Canada and elsewhere oppose trends described here that they don't like?
Any ideas?   Sally


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>Date: Thu, 23 Oct 97 21:23:07 -0500
>From: Peter Montague <[EMAIL PROTECTED]>
>Subject: Trends in Corporate Accountability
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>=======================Electronic Edition========================
>.                                                               .
>.           RACHEL'S ENVIRONMENT & HEALTH WEEKLY #569           .
>.                    ---October 23, 1997---                     .
>.                          HEADLINES:                           .
>.     TRENDS IN CORPORATE ACCOUNTABILITY -- WW III, Pt. 3       .
>.                          ==========                           .
>.               Environmental Research Foundation               .
>.              P.O. Box 5036, Annapolis, MD  21403              .
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>=================================================================
>
>TRENDS IN CORPORATE ACCOUNTABILITY -- WW III, Pt. 3
>
>Most people want the same things:
>
>** better education for their children;
>
>** good health, especially for their children;
>
>** a better environment (broadly defined to include housing,
>recreation, and transportation, in addition to clean air, water,
>and food);
>
>** safer communities;
>
>** more economic security;
>
>** stronger families and family support;
>
>** less government regulation and smaller government;
>
>** fewer taxes;
>
>** more local control.
>
>Yet the American economic and political systems are not
>delivering most of these things to most people:
>
>** Many school systems are deteriorating, public library budgets
>are being cut, and TV is "dumbing down" both adults and children:
>by the time they are 18, American children have been in school
>11,000 hours but have spent 15,000 to 18,000 hours in front of a
>TV set;
>
>** By many measures, children's health is declining --cancers are
>increasing, and so are diabetes, asthma, infectious diseases,
>excessive weight, and attention deficits, to name only the most
>obvious problems.
>
>** Overall, as we have documented again and again, the
>environment is tending to get worse in many respects despite the
>relentless barrage of corporate "greenwash" claiming the contrary
>in the media;
>
>** Many communities aren't safe and many more are not perceived
>as safe (thanks to the media's obsession with murder and mayhem
>in the local news);
>
>** Most people are less well-off AND less secure today than they
>were 20 years ago (see REHW #567);
>
>** Families are having a hard time because so many family members
>are working and the children are therefore somewhat neglected;
>spare time is shrinking; people are demoralized and stressed out
>by their lives outside the home so to numb themselves they allow
>TV to dominate their living rooms; elder care is a growing
>dilemma for most families; debt is growing; for many, retirement
>is a fading hope;
>
>** Government IS getting smaller but not always in ways that help
>most people --for example, the Internal Revenue Service IS
>getting smaller but this just means more wealthy tax evaders are
>going unpunished; environment, health and social service agencies
>are facing budget cuts while public subsidies to corporate
>polluters are holding steady or rising;
>
>** Taxes have been mounting for the middle class and the working
>poor while corporations and the rich are paying less of their
>fair share;
>
>** And, finally, Congress SAYS it is giving more control to
>people at the local level while the REAL direction is to
>"globalize" decision-making, which means transferring control
>from local citizens to transnational corporations that answer to
>no one.
>
>As a result of these trends, cynicism, depression and ennui are
>rampant among Americans; racism is increasing (even the President
>has noticed it is a problem) as more people compete for crumbs
>from a shrinking slice of the pie; most people don't vote
>(because candidates don't offer real alternatives --any that do
>are clobbered by the money bullies); so the system is stuck in a
>vicious circle in which power and wealth are relentlessly
>siphoned off into the pockets of a smaller and smaller fraction
>of the people.  Forty percent of the people are doing well enough
>to continue to support the 1% who are becoming filthy rich --and
>the other 60%, who are hurting, nurse their wounds alone,
>disengaged, numbed by drugs or beer or television, or simply too
>tired to fight back.
>
>Notice the key actors in the scenario just described: the media,
>government officials (elected), corporate decision-makers and the
>people.  How are they related?
>
>Ninety percent of the media are owned by fewer than 20
>corporations that therefore dominate public discussion and
>debate; these corporations determine what people will talk about
>and the limits of the public discussion.  The elected government
>is controlled by corporations through campaign contributions
>(which are required because expensive media exposure is the key
>to election); the people are made insecure, discouraged and
>disengaged largely because of corporate policies and practices
>(downsizing, wage cuts, forced give-backs, overseas flight, union
>busting --or simply the fear that any of these tactics will be
>used).  Corporations control government; government greases the
>skids for increasing corporate control.  People are disrespected
>and cut out of the decision-making loop.  Democracy is hollowed
>out --the democratic forms remain, but the substance is missing.
>We can all vote, but voting seems to change nothing, at least not
>at the national level.
>
>It is a vicious circle, self-perpetuating.  BUT MAYBE THE
>CORPORATIONS WILL GO TOO FAR.  Despite their obvious successes in
>the past decade, corporate elites seem bent on consolidating
>their power even further by insulating themselves COMPLETELY from
>popular control.  Consider these trends:
>
>1. SLAPP suits are increasing and have taken a new twist in
>recent months.  SLAPPs are lawsuits intended to frighten people,
>to make them clam up.  The new trend in SLAPPS is for companies
>to claim tortious interference with their profits and to demand
>compensation for alleged losses.  Here is a typical scenario: a
>corporation is planning to pollute a community and deplete its
>resources (by building an incinerator, for example).  A local
>group opposes the corporate proposal, defending the community,
>trying to maintain it as a nice place to live and work.  If the
>defenders succeed, the corporation sues them, claiming that it
>has lost money because of the group's interference.  The
>corporation demands huge compensation for its alleged losses.
>The defenders tend to get very quiet and focus on the struggle to
>maintain their lives in the face of a corporate army of lawyers
>trying to destroy them --and the next group of defenders thinks
>twice before speaking out.  Our First Amendment rights begin to
>shrivel.
>
>2. The Securities and Exchange Commission --a federal agency --is
>trying to insulate corporations from shareholders who might bring
>shareholder resolutions to change corporate behavior.  In the
>recent past, such resolutions have changed corporate behavior in
>regard to apartheid, child labor and prison labor.  Even though
>the vast majority of shareholder resolutions fail to gain a
>majority vote, they create a platform from which to expose and
>criticize corporate policies and practices.  Now --this month
>--the SEC has proposed to modify SEC Rule 14(a)(8), to make it
>much more difficult (in many instances impossible) for
>shareholders to bring resolutions for a vote.  If the SEC
>succeeds, it will further insulate corporate managers from
>influence by shareholders.
>
>3.  As we saw last week, the Clinton administration (with strong
>bipartisan support) is trying to lock the U.S. into a new "free
>trade" agreement --the Multilateral Agreement on Investment
>(MAI).  The MAI would:
>
>--Allow corporations to sue municipal, state and federal
>governments in an international tribunal, whose decision would be
>binding, with no possibility of appeal;
>
>--Compensate investors in full when their assets are appropriated
>through "unreasonable" regulation;
>
>--Limit or eliminate performance requirements (laws that require
>corporations to meet certain environmental standards if they want
>tax incentives or low-interest development loans, for example)
>--thus reducing (or eliminating) the possibility that communities
>might impose their values on corporate behavior;
>
>--Remove all restrictions on international movement of capital,
>and disallow local laws favoring locally-controlled capital (such
>as a community-controlled redevelopment bank).
>
>4. We saw earlier (REHW #552) that 19 states have now passed
>"audit privilege" laws. As the NEW YORK TIMES describes the
>trend, "Urged on by a coalition of big industries, one state
>after another is adopting legislation to protect companies from
>disclosure or punishment when they discover environmental
>offenses at their own plants."   In essence, state laws are
>giving corporations immunity from punishment if they self-report
>violations of environmental laws. Furthermore, any documents
>related to the self-reporting become official secrets, cannot be
>divulged to the public, and cannot become evidence in any legal
>proceedings.
>
>If a murderer confesses, he or she still faces prosecution.  But
>these new "audit privilege" laws insulate corporate outlaws and
>polluters from accountability to governments and citizens.  Under
>these laws, confession exonerates a corporation, and any
>documents related to the confession become secret and privileged,
>hidden from citizens who might seek redress for harms they
>suffered from the pollution.  Further insulation from
>accountability.
>
>5. Corporations are rolling back the system of environmental
>regulations at the federal and state levels.  A tidal wave of
>regulatory reform is sweeping through every legislative body in
>the nation.  These roll-backs have many different names: Project
>XL and the Common Sense Initiative (both Clinton proposals); ISO
>14000; the Environmental Leadership Program; brownfields; air
>pollutant and water pollutant trading schemes; expansion of
>risk-assessment-based standard-setting procedures; new
>federal-state "partnership" agreements; and proposed new
>definitions of what constitutes solid and hazardous wastes.
>
>All of these alternative proposals have a few common elements.
>They allow corporations to negotiate their own performance and
>pollution standards with governments.  Because these negotiated
>standards are unique in each case, citizens have to understand
>each agreement on a case-by-case basis --and so do the government
>regulators.  At a time when regulatory budgets are declining, the
>resources needed to negotiate with the polluters (and enforce
>agreements) are growing. Citizens can barely understand the
>present system of uniform standards. The new system is much more
>complicated, so citizens are effectively be cut out of the
>oversight process. In many instances, citizen lawsuits are
>specifically prohibited by these new arrangements.  Thus the
>corporations are further insulated from citizens.
>
>Today, corporate and government policies are working relentlessly
>to put more and more people out of work, substituting energy and
>materials for human labor (and in the process depleting natural
>resources and polluting the planet).  For a long time such
>policies seemed to make sense.  But today these policies are
>enriching the top 5%, creating the good life for the wealthiest
>40% (at least in the short term) and destroying the future for
>the remaining 60%.  THE ENVIRONMENT, DEMOCRACY, CIVIL SOCIETY,
>AND THE ECONOMY ARE THE SAME PROBLEM even though we (mistakenly)
>consider each separately.
>
>As Paul Hawken said recently, "We can't --whether through
>monetary means, government programs, or charity --create a sense
>of value and dignity in people's lives when we're simultaneously
>developing a society that doesn't need them."[1]  As the U.S.
>Conference of Catholic Bishops said in 1986, "Full employment is
>the foundation of a just society."  Environmental justice will
>only be achieved when we have a semblance of economic justice.
>
>Hawken says the solution is to "fire the unproductive kilowatts,
>barrels of oil, tons of material, and pulp from old-growth
>forests --and hire more people to do so."  He says drastically
>reducing resource use will dramatically diminish our impact on
>the environment and create a multitude of new jobs.  But will the
>big corporations allow the needed changes to occur?  And what
>will happen if they don't?  In the meantime, there's lots WE COULD
>BE DOING.
>                                                --Peter Montague
>                (National Writers Union, UAW Local 1981/AFL-CIO)
>
>===============
>[1] Paul Hawken, "Natural Capitalism," MOTHER JONES (March/April,
>1997), pgs. 40-53.
>
>Descriptor terms:  corporations; economic redevelopment;
>children; taxation; education; television; crime; racism; slapp
>suits; securities and exchange commission; sec; mai; multilateral
>agreement on investment; regulation; regulatory reform; audit
>privilege laws;
>
>################################################################
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>                                        --Peter Montague, Editor
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