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Bhopal Disaster Revisited [updated]
On December 3, 1984, a chemical plant run by Union Carbide and located in Bhopal, India
released about 40 tons of a toxic gas which was an intermediate chemical used in creating pesticides. (That is, the plant was in the business of creating chemicals deadly to life.) Safety at the plant had not been a concern of management; numerous safety systems were offline or non-functional. The gas cloud drifted over the city and killed thousands of people, and inflicted permanent injury to hundreds of thousands more. It was the worst industrial accident to date. Today, the site remains a contaminated wasteland, unusable and never cleaned up. The survivors have been minimally compensated, but as time passes, enough of them have died that compensation may now be in the works. Update: 12/03 15:51 GMT by M : Whoops, just kidding, the Reuters story linked there is wrong; the BBC was apparently hoaxed into putting a Dow spokesman on TV who wasn't actually a Dow spokesman. Dow has no plans to clean up the facility and no plans to compensate the survivors. Hope this clears things up.
Yeah, except that the chairman of UC has been charged with culpable homicide in India, and declared a fugitive. But the US govt. has so far refused to let him be extradited for trial.
Sadly, the Reuters story of Dow paying $12Billion is false.
"BBC World said yesterday it was duped in an "elaborate deception" by a man who claimed to be a Dow Chemical Co spokesman and said the US company accepted responsibility for India's Bhopal disaster."
The story
Perhaps someone else can verify the facts. What I understood was:
The president (ceo?) of UC turned up in India immediately after the incident. He said that he was horrified and the company would do everything it could to make things better. The Indian government then arrested him. After that UC brought in the lawyers and the result is what you see today. Advice to the Indians: You get more flies with honey than with vinegar.
The reason the compensation for the victims is so pitiful is that it was done under Indian law. In Indian law, if you accidentally kill someone, the compensation is based on what they would have been worth at the end of their life. In most cases, that is pretty much zero. In American law, you get an amount that tries to reduce the consequences of the death. ie. If you are caring for your parents and are killed, the damages include an amount to replace that care. This produces much greater damages than the Indian case.
ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
It wasn't even like that! Union Carbide settled with the government in India for nearly $500M in the late 1980's. That money has gone virtually unused since then. Unused!
On top of that, Union Carbide did more than it had to in providing cash directly to survivors. NPR had the story this monring of a women whose husband died. She was living in an apartment paid for life by UC and recieved $4,000 cash shortly after the disaster. For someone who in her whole life never had more than a few dollars worth of money, that's a princely sum.
The Bhopal plant was jointly owned by Union Carbide and the Indian government, with the government owning 51%.
Straight from the horse's mouth: http://www.bhopal.com/facts.htm
FACT: The Bhopal plant was built, owned and operated by Union Carbide India Limited (UCIL). Union Carbide held 51 percent of the shares in UCIL, the Indian government owned 26 percent, and some 24,000 private Indian citizens owned the balance.
FACT: Union Carbide never actually operated in India. Rather, Union Carbide India Ltd. (UCIL), a separate company 50.9% owned by Union Carbide, was controlling the operation of the Bhopal factory at the time of the tragedy. Following the tragedy, the Government of India ceased production at the plant and took complete control of the property.
Bhopal.com is run by Union Carbide so you can't question this source.
When a company buys another company, they purchase both the assets and the liabilities. (For example, if Delta bought American Airways, they get not only the planes, routes, and airport space, they also get all those folks who paid $2 million for a lifetime of walk on tickets).
"BHOPAL: THE SEARCH FOR JUSTICE
Dec 4th - San Francisco
Dec 5th - Stanford, 1:30 pm, Bechtel Intl Center
Screening and Discussion
with NADEEM UDDIN , Director
On December 3, 1984, the Union Carbide pesticide plant in Bhopal, India leaked poisonous methyl isocyanate gas killing fifteen thousand helpless men, women and children. Hundreds of thousands more were permanently maimed. Bhopal was, and remains, the world's worst chemical industry disaster" http://ektaonline.org/events/bhopal/index.htm
Survivors not compenstated: wrong. There was a settlement, but the *Indian* court system has had it tied up for years. IIRC the settlement was in the 400 million dollar range, and it did a good job of bankrupting UC.
Dow Chemical is somehow responsable: Wrong. Dow chemical bought what was left of Union carbide in the late 80's / early 90's, long after the disaster settlements had been made. Holding Dow responsable for Bhopal would be like an AMX owner suing DiamlerChrysler 20 years after getting a settlement out of AMX.
Union Carbide ran an evil nasty horrible pit of dispair of a factory. Right. Sorta. The plant fell in line with many Indian safety standards, which at the time were no where near what our standards are. Of course inspections and safety take a back seat to giving people a job in developing countries. This is nothing new.
Bhopal was a horrifying disaster, but the impression I'm getting is that India is becoming a truly western society. The scummy lawyers are shooting out of the woodwork to go after the deepest pockets. UC's former chairman stil works for Dow, but once the courts on both sides get their heads out of their asses, he'll end up facing charges in India, it's just a matter of time
There are some people that if they don't know, you can't tell 'em.
> Were these safeguards required by law?
Unambiguously, yes. In addition to a reasonably well developed set of Health and Safety laws for a third world country, India has the usual common law system of damages for breach of duty of care, (the tort of negligence). It does not have US-style punitive or trebled damages, what is being sought here is merely the cost of putting people back into the position they were previously in, so far as the damage caused to them was forseeable by the company at the time.
The real problem here is with the corporate fashion for holding companies with large numbers of subsidiaries. As each subsidiary is nominally a separate legal person (notwithstanding, with 100% subsidiaries, the tendency for all to follow the topco's orders), the topco is able to avoid corporate responsibility.
That wasn't due to an evil corporation though so it doesn't count.
Article
As far as wastelands go, how about the area surrounding the 70 tons of superheated nuclear waste that blew up in 1957 in rural russia.Article
There is the concept of scapegoating at play here. Do you really thing that Anderson had anything personally to do with the actions that night? Even remotely indirectly it's a big reach.
Internal Union Carbide documents, released in the discovery phase of a civil lawsuit against the company, indicate that he and other executives had been warned by engineers of the poor safety mechanisms. A 1973 document, signed by Anderson himself, notes that the technology that would be used in the Bhopal factory was "unproven." A safety review conducted by Union Carbide experts in 1982 warned of a "serious potential for sizable releases of toxic materials" at the factory.
You can read part of the class action complaint against Anderson here.
How Politicians Lie: http://www.factcheck.org/