The Enron Corporation: Corporate Complicity in Human Rights Violations has been written by Human Rights Watch. Human Rights Watch conducts systematic and regular scrutiny of human rights maltreatments in 70 states around the universe. Human Rights Watch defends freedom of thought and look, a vigorous civil society and due procedure and protection of the jurisprudence. They document and accuse slayings, anguish, disappearings, favoritism, arbitrary imprisonment and other maltreatments of internationally recognized human rights. Its aim is to keep authoritiess accountable if they transgress the rights of their people.
Human Rights Watch began in 1978 with the start of its Europe and Central Asia division. Today, it besides includes divisions covering Africa, Asia, the Americas, and the Middle East. It includes three thematic divisions on weaponries, adult females ‘s rights and kids ‘s rights. It maintains offices in New York, Lon Angeles, Washington, London, Moscow, Brussels, Rio de Janeiro, Dushanbe, and Hong Kong. Human Rights Watch is a non governmental and an independent organisation, supported by assistance from private persons and foundations worldwide. It accepts no authorities financess, straight or indirectly.
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Human Rights Watch ‘s responsibility is to protect human rights and its protagonism and research on corporate duty is shaped by these concerns entirely. Human Rights Watch takes no place on trade or development policies. But in a incorporate universe where really big and of import multinational corporations compete for new markets limited resources, trade and human rights are bit by bit more intertwined. Companies that trade in of import trade goods oil, gas, or electricity illustrate this phenomenon.In current old ages, the energy industry has been involved in contention because of its false engagement in state of affairss of human rights misdemeanors all over the universe.
Another energy company that warrants concentration is the Enron Power Development Corporation, a subordinate of the Houston-based Enron Corporation, which is one of the universe ‘s largest energy companies. Traditionally position as an oil and natural gas company ; it began to develop electricity undertakings for its natural gas in the early 1990s. In 1997, its one-year grosss are more than U.S. $ 20 billion.
This book focuses on a Dabhol Power Corporation ( DPC ) which is the subordinate of the Enron Development Corporation in India. The DPC ‘s undertaking in the province of Maharashtra forms the largest individual foreign investing in India. Since 1992, its history raises inquiries built-in to any serious treatment of the importance of human rights concerns to authoritiess and companies design investing schemes.
From its beginning of 1992 through 1998 the development of the Dabhol Power project the immense influence that Enron exercising over the cardinal and Maharashtra authoritiess ; to give inside informations about the company ‘s communicating with villagers whose echt concerns for their support and environment were unnoticed or dismissed taking them finally to oppose the undertaking ; to do clear that assorted avenue to turn to their concern about the undertaking judicial proceedings and direct duologue with the company had been tired in ways that raised inquiries instead than replying them. The local opposition that formed to protest the undertaking ‘s deficiency of transparence, its danger to villagers ‘ supports, its human impact, and its possible to make environmental injury was the affected population ‘s last resort.
In 1992, the authorities of India announced that it would open up the power and electricity sector to foreign investing. A senior Indian authorities deputation during May and June 1992 met with Enron functionaries and announced that the company was interested in constructing a power works in India.
On June 10, 1992, about instantly after the deputation trip, the Indiangovernment informed the Maharashtra State Electricity Board ( MSEB ) that a group of Enron functionaries was coming to study land for a proposed power undertaking. Five yearss subsequently, representatives of Enron and General Electric arrived in New Delhi and met with functionaries of the cardinal authorities about the proposed undertaking. A Memorandum of Understanding ( MoU ) with the province authorities was signed on June 20, 1992, to construct the Dabhol Power project.The operating entity would be known as the Dabhol Power Corporation ( DPC ) , a joint venture of Enron, General Electric, and the Bechtel Corporation. In the eyes of the populace, the DPC was Enron, and it is frequently referred to as “ Enron, ” “ the Enron undertaking, ” or “ the Enron Power undertaking. ”
Public are opposed to the pricing of power and the undertaking. It is linked to dollars.Forty old ages ago, four rupees equaled one dollar. When the undertaking was signed, 32 rupees equaled one dollar. Today, 38 to forty rupees equals one dollar. With Enron ‘s duty, merely chemical industries can last which will destruct the environment and endurance of people. Engineering, electrical, and heavy industries can non afford to pay the monetary value charged by Enron.
The province authorities has invoked several Torahs to curtail peaceable look and assembly in Ratnagiri and environing territories. These include commissariats under the Bombay Police Act, the Code of Criminal Procedure, and the Indian Penal Code. The Bombay Police Act and the Code of Criminal Procedure have been on a regular basis used to criminalize group presentations against the Dabhol Power undertaking and to forestall persons whom the constabulary perceive as leaders of protests from come ining the territories where resistance is active. The Indian Penal Code has been used to bear down persons known as leaders of anti-DPC protests with condemnable offenses every bit serious as attempted slaying, which carries a maximal sentence of life imprisonment, even when there is small or no grounds that these persons were involved in a offense. In several instances, these apprehensions have been coupled with the usage of inordinate force by constabulary in the signifier of whippings with lathee, fists, and sticks.
Get downing in 1994, when building of the Dabhol Power undertaking began in Ratnagiri, local husbandmans, shop-keepers, fisher people, politicians, and other occupants of the territory staged protests against it. Protests ceased in 1995 through the terminal of 1996, because building at the site was suspended due to the cancellation of the undertaking by the Shiv Sena-BJP authorities.
There are no international ordinances on multinational corporations ( TNCs ) that force them to esteem human rights. The first international effort to modulate corporations was the International Labor Organization ‘s ( ILO ) acceptance of its Tripartite Declaration of Principles for Multinationals and Social Policy in 1977. The rules detailed the duties of TNCs to run in a mode consistent with international human rights and labour rights Torahs.
More than 90 per centum of NGOs surveyed reported that multinational corporations must be responsible for: guaranting proper working conditions, including nondiscrimination ; regard for freedom of association and corporate bargaining ; prohibitions on forced and child labour ; following with national Torahs ; and avoiding illegal or illicit activities such as corruptness.
Human Rights Watch believes that the moneymans of Phase Iand the U.S. authorities bureaus involved in buttonholing for the undertaking. The U.S. authorities bears particular duty because of its forceful, aggressive lobbying on behalf of the three U.S. based companies developing the undertaking ; and because it extended 100s of 1000000s of dollars in public financess for the undertaking.
Human Rights Watch besides believes that the establishments which agreed to finance Phase II need to implement equal precautions to guarantee regard for human rights in order to avoid duty for human rights misdemeanors. In peculiar, these establishments should show their clear committedness to esteem human rights by turn toing the legal prohibitions on freedom of look and peaceful assembly which are still in force ; the fact that many of the instances against militants are still pending ; and the fact that the company having support ( DPC ) has made no effort to rectify its patterns and guarantee regard for human rights, but instead continues to profit from the maltreatments.
In old studies, Human Rights Watch has called for governmental and private fiscal establishments to condition funding for undertakings on mensurable conformity with human rights. In the instance of the Dabhol Power undertaking, because of the complexnesss and legion histrions involved in funding, Human Rights Watch investigated the function of fiscal establishments for Phase I of the undertaking to find whether any precautions existed to supervise or reprobate human rights misdemeanors. They besides examined the histrions responsible for funding Phase II.
When funding for Phase I of the undertaking was planned, the engagement of many-sided development Bankss, chiefly the World Bank, was considered important to the undertaking ‘s success. The World Bank, nevertheless, refused to fund the undertaking. The World Bank ‘s analysis was stating that the monetary value of power generated by the undertaking is excessively high.
Enron was undeterred by the World Bank ‘s refusal to fund the undertaking or negative studies looking in the Indian media. While a group of private foreign investors, led by the Bank of America and ABN Amro, provided about $ 150 million, and another group of Indian Bankss, led by the Industrial Development Bank of India, provided $ 95 million, political hazard insurance and loan warrants came from the U.S. authorities ‘s Overseas Private Investment Corporation ( OPIC ) and Export-Import Bank ( Ex-Im Bank ) establishments financed by U.S. taxpayers. OPIC contributed about $ 100 million in political hazard insurance, and the Ex-Im Bank extended a loan warrant of about $ 290 million in late 1994.
On June 16, 1998, the secretary of province for the United States authorities, Madeleine Albright, outlined the ends of United States foreign policy, in a address to the Senate Appropriations Committee: ” We all agree that the United States is, and should stay, vigilant in protecting its involvements, careful and dependable in its committednesss and a forceful advocator for freedom, human rights, unfastened markets and the regulation of jurisprudence. ”
In the instance of the Dabhol Power undertaking, it seems that the authorities of the United States acted asa powerful advocator for unfastened markets at the cost of human rights and the regulation of jurisprudence. Throughout the development and execution of the Dabhol undertaking, U.S. authorities functionaries and assorted governmental bureaus including the Department of Energy, Department of State, Department of Commerce, and Central Intelligence Agency systematically lobbied the Indian authorities to a great extent on behalf of the companies.
The Overseas Private Investment Corporation and the Export-Import Bank of the United States put together $ 400 million in financing.When the understanding was suspended by the freshly elected Shiv Sena-BJP authorities in 1995, the U.S. Department of Energy issued a really strong statement endangering that the undertaking ‘s cancellation would earnestly set at hazard U.S.-India dealingss and India ‘s ability to pull foreign investing.
The Indian authorities has committed to supply for the first “ fastaa‚¬’track ” undertakings are indispensable to travel those undertakings frontward and set up a strong path record with international investors. While they recognize the demand to restrict the figure of such warrants, it will take clip to convey alternate funding bundles to market. The first of these power undertakings, Enron ‘s Dabhol Project, has already reached fiscal closing and is under building, directing a positive signal to international investors about the hereafter of the Indian market.
Given the declared ends of U.S. foreign policy, the fact that this is a undertaking of U.S. companies, and the Overseas Private Investment Corporation ( OPIC ) and the Ex-Im Bank have labour rights and human rights conditionality ‘s placed on their funding, severally, it would be sensible to presume that equal concern would be accorded to human rights. The Overseas Private Investment Corporation is required to turn to labour rights in the class of its loaning.
In the instance of the Dabhol Power Corporation, the Ex-Im Bank is required to see human rights loosely in its funding bundles. Since Enron received between $ 290 and $ 300 million in U.S. authorities loan warrants for the Dabhol Power undertaking, the State Department was required to carry on a human rights impact appraisal. The appraisal was conducted by the U.S. Embassy in India, which provides the State Department with information on the human rights state of affairs within the state.
As the embassador and caput of the U.S. Embassy in India, Mr. Wisner-in stark contrast to his function as advocator for Enron ‘s commercial involvements was silent on the issue of human rights. When asked former Ambassador Wisner about the human rights misdemeanors that took topographic point in Maharashtra related to the Dabhol Power undertaking in 1997, he responded: Look into the facts carefully about “ protests. ” They were non protests local villagers did n’t like the sum of money they got from Enron in compensation and wanted to acquire more from the company. I do non cognize about the record of the Maharashtra constabularies and do n’t cognize whether there were any human rights misdemeanors. I am non cognizant of what went down in the small town. If you think there are human rights misdemeanors, you should travel down to India and acquire the facts. If you want to cognize about human rights, talk to the Maharashtra Police. I do n’t cognize anything about the protests and suggest that you go to India and happen out. Why do you desire to speak to me?
It is a affair of serious concern to Human Rights Watch that the former embassador appears to hold given no consideration to human rights misdemeanors. It suggests a willingness on the portion of the United States authorities to dismiss human rights when commercial involvements are at interest.
Human Rights Watch filed a Freedom of Information Act petition to obtain all paperss mentioning to the human rights reappraisal of the Dabhol Power Project.They received a verification of their petition by the Ex-Im Bank, dated July 23, 1998.Later, they received the impact appraisal and a missive from the Ex-Im Bank. In a missive dated October 1, 1998, informing us that there were no other paperss refering human rights in relation to the loan warrant. The State Department ‘s impact appraisal itself is minimal.It provinces, in its entireness, “ The State Department has no expostulation to this instance on political evidences or on the footing of human rights issues. ”
A human rights impact appraisal conducted in 1994-1995 could non hold predicted misdemeanors in 1996-1998 but in 1993-1994, presentations and reprisals had already begun. Furthermore, the complete deficiency of involvement, as in the instance of Mr. Wisner, the highest superior State Department functionary in India ; the complete deficiency of cognition, as in the instance of the general advocate ‘s office of the Ex-Im Bank ; and the complete deficiency of information, as the impact appraisal obtained from the Ex-Im Bank illustrates, show that human rights was non a consideration for the U.S. authorities. This apathy continues to hold relevancy now, as funding is arranged for Phase II of the undertaking.
With an estimated cost of $ 1.5 billion and a capacity of 1,440 megawatts, Phase II of the undertaking is slated to be about twice the size of the $ 920 million, 740 megawatt Phase I. Initially, the same histrions, chiefly the U.S. authorities ‘s Export-Import Bank and OPIC every bit good as private investors, were expected to finance Phase II. Ex-Im Bank, for illustration, could hold extended up to $ 500 million for the 2nd stage of the undertaking. OPIC and Ex-Im Bank engagement, nevertheless, was suspended in May 1998 because of the belowground atomic trials that India and Pakistan had late conducted. President Clinton imposed countenances against India and Pakistan forbiding the extension of all non-humanitarian assistance and trade plans, including OPIC and Ex-Im Bank funding. Enron ‘s response was that, “ as a company making concern in India, we were non and we are non in favour of countenances. ” The company predicted that countenances would be lifted by the terminal of 1998.
The absence of OPIC and Ex-Im Bank funding created serious jobs for Phase II planning. Subsequently, the company would reassure investors that countenances would non impact the building of Phase II of the Dabhol Power undertaking. With the atomic trials, OPIC and Ex-Im support has been suspended. Enron is non every bit large as other oil companies and can non finance undertakings of this size off their balance sheet, so they have to trust on funding like OPIC and Ex-Im.
Enron scrambled to manage the reverse, denoting on September 1, 1998 that it had secured $ 1 billion in funding from international commercial Bankss. The company obtained a $ 200 million loan warrant from the Export-Import Bank of Belgium and $ 50 million from the Export-Import Bank of Japan ( J-Exim ) as portion of the $ 1 billion funding bundle. The company besides announced that $ 300 million would be obtained from Indian Bankss, led by the Indian authorities ‘s Industrial Development Bank of India. The State Bank of India announced an “ in rule ” understanding to loan $ 150 million for Phase II of the undertaking. On November 9, 1998, the Indian authorities ‘s Industrial Finance Corporation provided an $ 83 million loan for Phase II. The State Bank of India and state-owned Industrial Development Finance Corporation announced their purpose to loan $ 100 million for Phase II. The Indian authorities, nevertheless, did non widen a counter warrant for Phase II. Following the proclamation that it had secured funding, the company said that it would get down building of Phase II in the 4th one-fourth ( October to December ) of 2001.
None of the establishments that have agreed to finance Phase II have human rights conditionality ‘s in general, or anything comparable to OPIC and Ex-Im policies, to modulate their minutess. Nevertheless, Human Rights Watch considers that because of the maltreatments which occurred during the building of Phase I and the bing prohibition on freedom of look and peaceable assembly in Ratnagiri territory, no fiscal establishment can avoid duty for human rights misdemeanors if it finances Phase II without appropriate precautions to protect human rights.
On November 7, 1998, the U.S. authorities “ eased ” countenances against India and reauthorized OPIC and Ex-Im Bank support for undertakings in India, but at this composing it is ill-defined whether the company will seek to procure U.S. authorities support.
The Dabhol Power undertaking is non located in an unstable or conflicted country, nor is DPC a spouse with a inhibitory authorities. India is the universe ‘s largest democracy, with a vigorous civil society, a general civilization of human rights, legal protections, an active bench, and an credence of free look and peaceable assembly. If increased investing needfully leads to betterments in human rights and regard for the regulation of jurisprudence, so how can the human rights misdemeanors as a consequence of the Dabhol Power undertaking be explained? The struggle that has taken topographic point in Ratnagiri territory, so, has flowed straight from the behavior of the DPC and the province. Resistance by villagers who saw their lands seized and their Waterss polluted and diverted besides began with, and is attributable to, the demands of the DPC undertaking. The maltreatments visited upon dissenting villagers besides are traceable to the purportedly good investing by the parent company of DPC, Enron.
The Dabhol Power undertaking may learn a lesson to authoritiess and companies who lobby for concern and investing. Unless an explicit and programmatic committedness to human rights exists, regard and protection for these rights will non better, and may deteriorate, even in states that are considered democratic and unfastened.