Stern reply. Good that Sashi Tharoor gets a proper internship before
indulging in kerala polity.

Though I cannot share the excitement for model kerala in this response. .


On Thu, Mar 5, 2009 at 5:26 PM, Venugopalan K M <[email protected]>wrote:

>
>
>
>
> -----Original Message-----
> From: S Faizi [mailto:[email protected]]
>
> Sent: Thursday, March 05, 2009 10:13 AM
> To: '[email protected]'
> Subject: Coca Cola/Plachimada: An open rejoinder to Mr Shashi Tharoor
>
> From: S.Faizi, R2 Saundarya Apartments, Nandavanam, Thiruvananthapuram,
> [email protected] (Environmental Expert Member: Kerala
> Groundwater Authority; Chairman: Indian Biodiversity Forum)
>
> Mr.Shashi Tharoor, Chairman, Afras Ventures, 230 Park Avenue, Suite 2525,
> New York, NY 10169
>
>
> Dear Mr Tharoor,
>
> I have read with interest your response to the Plachimada Struggle
> Solidarity Committee’s criticism of your being in a PR project of the Coca
> Cola company in India, in Hindu and the full text on a web site that carries
> your PR material. I do not have a grain of opposition to your being in the
> cola PR outfit, for it is natural for people like to you to be in places
> like that. However, I am writing this public response to you in order to
> address the misinformation contained in your letter, outdoing even the PR
> staff of the company, and the unwarranted sweeping remarks you have made on
> Kerala development.
>
> The High Court Division Bench verdict in favour of the company that you
> have referred to was made subsequent to a single bench verdict against the
> company. And the Division Bench verdict is being challenged in the Supreme
> Court by the Perumatti Panchayat and by the people’s groups agitating
> against the company. The CWRDM-lead report was flawed in many respects, as
> is being argued in the SC, which is also an issue of concern for CWRDM
> scientists as the institution has suffered an erosion of credibility. The
> very assumption of the report, in estimating the total groundwater
> availability in Chitoor block, that 20 per cent of the rainfall can be
> recharged is flawed as the Central Groundwater Board’s (CGWB) assessment in
> 2003 had put the recharge in areas such as Chitoor at 5-8 per cent. While
> the committee report put the annual recharge in the block at 74.1 million
> cubic meters (mcm), based on the CGWB’s scientific estimation of recharge
> rate it is only between 16.6 to 33.2 mcms. The report also suppresses the
> domestic and agricultural water needs. The central question in the High
> Court case was not as much about pollution and depletion of water resources,
> land pollution by heavy metals, or the right to life provision of the
> Constitution, as about the power of the local panchayat to ask for the
> closure of the factory. The Groundwater Dept, in a report on the groundwater
> of Palakkad dist prepared in 2006, presented an alarming picture of the
> state of groundwater in Chitoor block.
>
> The legal status of groundwater has rightly become that of a public
> resource with the enactment of the Kerala Groundwater Act which came into
> force in 2003. However, this law (as well as several other points from the
> environmental jurisprudence) was not considered in the High Court case.
> Groundwater was considered as a private resource, while the said law asserts
> it as a public resource over which the appropriate agencies of the State
> have control in public interest. And this change in the legal status of
> groundwater is also going to be examined by the apex court.
>
> You attempt to deny the toxic sludge. However, the Supreme Court Monitoring
> Committee (SCMC), in its report following its site visit in August 2004, had
> determined the presence of heavy metals (cadmium and lead) in the sludge,
> and this was distributed by the cunning company to the unsuspecting farmers
> as ‘fertiliser’. And the State Pollution Control Board had directed the
> company to cease operations. The pollution of the well waters around the
> factory was reported by independent labs and the SPCB also confirmed it by
> asking the people not to use the water of the panchayat well it had tested.
>
> I visited the area two weeks ago as a member of the expert committee
> attached to the State SC/ST Commission and found the situation of the local
> people, ST/SC in particular, extremely worrying- there is hardly any water
> in the wells and where it is present it is not usable. Pollution of drinking
> water is a crime under the SC/ST (Atrocities) Act. On 14-9-2004 the company
> agreed to provide piped water to the residents of the area and the KPCB had
> constituted a committee to oversee this activitiy. This was upon the
> instruction of the SCMC, obviously as a compensation for the water crisis
> caused by the company and it was not contingent upon the functioning of the
> factory. The company reneged on this agreement too.
>
> Polluter Pays Principle has become an integral part of our jurisprudence.
> The Rio Declaration (principle 16) upholds this as well as the liability and
> redress provision of the Biodiversity Convention (I had been a negotiator in
> the formulation of both), among other multilateral soft laws and treaties.
> And this is squarely applicable in the case of Coca Cola at Plachimada. This
> was why the Kerala Goundwater Authority, after study by a subcommittee,
> recommended to the govt at its 13th meeting in Oct 2008 that compensation
> should be obtained from the company, on behalf of the people, for the
> pollution and groundwater depletion it has caused. It also recommended to
> make a comprehensive, multidisciplinary assessment of the damage caused by
> the company to the environment, human health and agriculture.  Bringing an
> offender to justice is in the best common interest of business lest the law
> abiding competitors are left at a disadvantage.
>
> Your reference to the Global Compact was interesting. But you have
> carefully withheld the information from your readers that this was a project
> that was fiercely opposed by the civil society organizations. It was not a
> legitimate UN activity, negotiated and agreed by a policy setting body such
> as the GA. It was part of a series of initiatives to diminish the importance
> of the need for corporate bodies complying with the domestic laws of the
> countries, by introducing and promoting a voluntary code of conduct. It was
> also part of the move to whittle away the powers of multilateral bodies such
> as UNCTAD, supported by the developing countries. As a corporate boss you
> will be proud to have promoted the Global Compact, but its real twin role as
> a greenwash and as a means to belittle the importance of legal compliance is
> obvious to the public. Corporate responsibility is a crooked term, what the
> citizens expect from the corporates is corporate accountability to the laws
> of the country. If Coca Cola, for example, is willing to comply with the
> laws of the country, pay for the public resources it has used at the market
> rate and pay compensation for the damages it has caused that will more than
> suffice, we don’t need the Cola to take any responsibility for our
> development.
>
> As for your remarks on Kerala’s development scene, it was certainly
> uncalled for. Kerala is one of the most globalised societies in the world,
> and we were at the centre of open global trade until 500 years ago when the
> Europeans came as savage invaders displacing the Arab traders. Your
> accusations of Kerala as ‘over-politicised’ and this as a reason for an
> imaginary discouragement of investment in the state are amusing right wing
> cliché that fit very well with the intellectual immaturity that
> characterizes your writings. It is an insult to India’s unity that you are
> ashamed that Keralites work in other parts of the India. It is diametrically
> opposed to the spirit of Kerala’s globalism that you are ashamed of our
> people working in the Gulf and other countries. But you are saying this
> sitting in an American city and heading a business firm in Gulf. And you
> claim to be a Keralite when your web site proudly announces your fluency in
> English and French but does not even mention Malayalam though our language
> and its literature has a longer history than English. But such
> contradictions are typical of an intellectual simpleton’s writings. The
> Kerala model of development is an unavoidable term in the international
> development discourse, not the least the UN’s, but you are blissfully
> uninformed even about this. In child mortality, for example, we fare better
> than the US city you live in. Empowerment thru political conscientisation is
> at the core of the relatively high development indices we have achieved.
> Your understanding of India, as seen in your writings, is no deeper than a
> western tourist’s.
>
> Let me refer to just a couple of such writings. In one of your articles you
> have chauvinistically chided Indian women for giving up sari for western
> dress. Even such chauvinistic opinions I have no problem in tolerating but
> the fun is when you see the photo of the author of the silly article dressed
> in western suit and neck tie totally alien to traditional male attire! And
> in a subsequent article you narrated an anecdote where your Danish boss in
> the UN abused the Indian kurta you wore as a surgeon’s coat and that made
> you resolve not to wear the traditional Indian dress any more. As a
> committed supporter of the UN cause and as a some times participant in UN
> events, I take offence in the incident you narrated and your acceptance of
> the same. As a multilateral body the UN respects the multiple cultures, and
> if someone derogatively talked about a country’s traditional dress he should
> not have been on the UN staff any longer, if someone had set a norm like
> that it should have been brought to the attention of the concerned decision
> making body. UN events indeed are also the occasion you find the most
> fabulous traditional dress of women and men from west African nations, the
> various Arab traditional dresses from Morocco to Yemen, the elegant
> sheravni, sari and churidar from south Asia, and so on. I myself presided
> over a youth conference organized by Unesco/UNEP in Moscow in 1987 (part of
> Tbilisi+10) wearing a white cotton kurta/pyjama, and nobody cared about what
> I wore (I wouldn’t have allowed it either). And your sectarian mindset
> blamed the Punjabis for giving masculine names for their daughters,
> forgetting that what you have done with your own name isn’t anything
> different. Sasi is how the masculine name is spelt in Kerala while Shashi,
> the way you spell it, is a feminine name in north India!
>
> Your reply talks of the anti-Cola activists scoring some political point.
> No one can read any party politics in their letter, the Plachimada anti-Cola
> struggle is beyond divisions along party politics. The ruling LDF supports
> the Plachimada cause as much as the opposition UDF. And in the struggle
> itself you find people of all political affiliations and creeds. We are all
> one on the issue of justice, but you cannot perhaps understand that. But if
> you are talking about politics with your ambition to get a seat in the
> forthcoming Parliament election in view, I wish the Congress party gives you
> a ticket, for it deserves you. That will be a good self punishment for the
> Congress party for having allowed you once to embarrass the country with
> your UN election.
>
> Best regards
> S.Faizi
>
>
>
>
> >
>

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