Environmental Justice Action in Southern Africa


Environmental Justice Action in Southern Africa

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groundWork's Quarterly Newsletter
Vol 4 No. 4

December 2002

In this issue

From the Editor
From the smoke stack
Lead Story – Corporate Accountability - Shell brought to account
Waste Projects – Hazardous waste incinerator proposal dumped
Waste Projects – Crimes against communities: The tales corporates tell
Air Quality Project – Ordinary miracles
Climate Justice conference in India
Young woman from Zamdela gives presentation to Parliament
Cynics’ Corner
Community News
– Pietermaritzburg Pollution
Edendale hospital worker attends international conference
The dose determines the poison – or does it?
Focus on … Joy Kistnasamy
In brief…
Publications

From the Editor

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Dear Friends

We end 2002 on a high note with a newsletter filled with optimism and hope for the year ahead.  We tell of the daily “ordinary miracles” of small brave steps taken by ordinary people which together can make a huge improvement to our lives (see page 12), of the resurgence of civil society mobilisation for a just and healthy environment (see pages 4 and 17), of a growing worldwide movement for climate justice instead of climate change (see page 13), and of the courageous young woman from Zamdela who stood up in parliament and called for cleaner energy (see page 14).  There are, of course, the ongoing struggles, such as the continued push for incineration by large corporations (page 9).   But as our technical know-how improves, as our network of colleagues offering us technical, legal and campaigning skills increases, so our ability to face these challenges improves.

Adding to our optimism is the addition of a new board member, Joy Kistnasamy, who is herself the incarnation of joy and optimism.  Meet her on page 21.

Regards, Linda

 


From the smoke stack

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By groundWork Director, Bobby Peek

On November 20, 2002, concerned local Durban residents and many other supporters, including groundWork, protested outside the Anglo American-owned Mondi paper plant in south Durban.  This protest was organised to relay civil society’s concerns about Mondi’s proposed incinerator to government and Mondi.  The protest was successful, with many of the local residents placarding the entrance to Mondi (see pages 8 – 10).

A day after this, a local organiser, Desmond D’SA, was summonsed by the local police to present himself at the police station.  It was claimed, although it is yet to be verified, that Mondi was considering laying a charge against the organisers of the protest for disrupting the entrance of Mondi.  This was despite the fact that the organisers of the protest had received permission from the Durban Metro Police to hold a protest action. (It was often mentioned at WSSD that the state crack down on leftist civil society groupings would continue after the WSSD, and I am afraid these predictions might be correct.)

A week after the protest, one opens the local newspaper, and what do we see?  An insert by Anglo American Mondi stating how they are “caring for the environment, caring for you” – a full two pager insert.  It is ironic how, when there is public condemnation or criticism of a polluting industry in south Durban, and the press publish it, the polluting industry goes back to the press and buys space to splash their greenwash - oops “good deeds” – across the pages.  (Newspaper editors should take note of this tactic – print a story criticising a corporate, and you are bound to have that corporate respond with full page adverts promoting them as friends of the environment and champions of the community.)

The meaning of “corporate greenwash” is often explained using the example of how polluting corporates will rather spend money on advertisements portraying them as friends of the environment, than on better practice.

I have to eat my words, however.  For I have just phoned the local newspaper which published the Mondi greenwash, and was told it costs a paltry R30 000 for double page spread.  I thought greenwash was supposed to be expensive!


LEAD STORY

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Shell called to Account!
by Bobby Peek

 “Blood is thicker … than water, To you who sucks my hopes … Tell me, Is oil thicker … Than blood …?” (Nnimmo Bassey, 2002, Nigerian Activist) 

 After the hype of the World Summit on Sustainable Development  (WSSD), in a time of solitude, I wondered whether it was worth all the effort.  This was due to the fact that immediately after the WSSD, the valueless promises of industry came home to roost in the various industrial incidents that impacted upon the communities of south Durban (see In Brief on page 19).

Was all the community mobilisation and activism at WSSD worth the blood, sweat and tears?  In my review of the WSSD in the last groundWork newsletter (Vol 4 No 3, “From the Smokestack”) I wrote that industry or government cannot be trusted, and the recent incidents in south Durban bear testimony to this.  What I also reflected upon was the fact that “civil society needs to get up and do things for themselves.”  

This we did. 

On Tuesday, November 12, 2002, in the driving autumn rain NGO representatives and community people living next to Shell plants from South Africa, Nigeria, USA and Britain, all gathered outside Shell’s London headquarters to hand over Jack Doyle’s book, “Riding the Dragon”, an account of some of Shell’s environmental legacy over the last century (see publications on page 20). 

It was with this in mind, i.e. doing things for ourselves, and the outcomes of the groundWork Corporate Accountability Week, where Peoples’ Action for Corporate Accountability (PACA) was the theme, that I managed to release the sense of depression and reflect on the positive work that was done on corporate accountability by the very many civil society activists around the globe challenging Shell. 

Here in London we had community people from around the world asking Shell to clean up its act and for governments to hold them accountable.

Presenting “Riding the Dragon” to Shell was of great significance in the environmental movements’ history.  In this book, in black and white, we have a well and soundly documented account of the environmental impact Shell has made on this planet.  It is a book that will outlive the activists who presented it.  It is evidence that Shell will have to answer for their actions in the years to come.  It is a clear tool that can be used to get Shell to be held accountable in all their trouble spots worldwide.

While Friends of the Earth and UK organization Platform protested outside, representatives of the communities and NGOs who had traveled to London for the occasion, met with the Reputations Manager of Shell for Africa and the Americas.  Meeting the Reputations Manager was a small victory for us because clearly Shell was feeling the impact of increasing worldwide campaigns by communities airing the company’s dirty washing for all to see.

It is clear that the 2002 Greenwash Academy Award for Lifetime Achievement that was given to Shell just prior to the WSSD, as well as the many days and years of community action was something that has had an impact upon Shell.

Despite this impact, it was a difficult mind-shift for activists to sit down in the Shell premises to discuss the problems they have with Shell.  Nnimmo Bassey clearly indicated in the meeting that he never thought it would be personally possible to enter the Shell head quarters after the death of Ken Saro-Wiwa, who also at some time had sat in these very same offices. But because of the suffering of many other communities around the world who live on the fence line of Shell plants, he took up this challenge in solidarity. 

Shell’s Chief Executive Officer, Phil Watts, chose not to meet with the representatives, stating that he was out of the office.  In earlier correspondence with Shell staff, they stated that in “general we (Shell) are happy to engage externally in substantive discussion and around mutually agreed agendas that advance understanding or, even better, generate agreement about practical ways forward.”  But this commitment appears to apply only in local areas where Shell is driving negotiation processes with communities and therefore has the upper hand.  However, when community people take the initiative and fly all the way to London they are not met with the same attitude.

Nnimmo Bassey, of Environmental Rights Action of Nigeria, was firm in calling for Shell to be held accountable for its violations of human rights.  Iris Carter, from the Concerned Citizens of Norco, raised the issue of how they are sandwiched between Shell plants, and the impact of this on their health.  Hilton Kelly, of Port Arthur (USA) and Desmond D’SA of south Durban, both brought air sample data highlighting Shell’s pollution in their neighbourhoods.  D’Sa further called on the senior Shell management to replace their fuel pipelines in south Durban, rather than just patching them up.  Shell’s misrepresentation of facts in south Durban, was another issue that was raised in the meeting.

Was this action successful?  Only time will tell.  Shell promised to get back to the community representatives before the end of the year.  It remains to be seen if their response will be substantive.  

With the release of “Riding the Dragon”, the offensive against Shell’s abuses worldwide has shifted to a higher moved to another level. This documentation of Shell’s atrocities will be a useful tool for worldwide organising around corporate abuses.  Only we can change things. We need to do it for ourselves, rather than putting our lives and health in the hands of elected governments.


WASTE PROJECTS
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Hazardous waste incinerator proposal defeated
by Linda Ambler

Residents in Sasolburg and further a field are celebrating the news that the Free State government has rejected an application for the construction of a hazardous waste incinerator in Sasolburg.

The incinerator was proposed by a private company, Peacock Bay Environmental Services (PBES), approximately 18 months ago.  PBES received funding from the USA Trade and Development Agency for the developmental phase of this project.  If the incinerator had been approved it would have been the largest hazardous waste incinerator in Southern Africa.

The Sasolburg Environmental Committee (SEC) and Sasolburg councillors, together with groundWork and other national and international civil society groups joined forces in a concerted and sustained effort to halt the proposed development.

Reasons for opposing the facility were many including, that it would be a highly polluting facility and the air in Sasolburg is already heavily polluted. The local campaign against the incinerator was supported by the Global Anti -Incinerator Alliance (GAIA) who wrote to President Thabo Mbeki to ask him to intervene and scrap the proposal.

The Free State Department of Environmental, Tourism and Economic Affairs rejected this proposed development on October 2, 2002. Their decision was based on three factors:

- interested and affected parties objected to the development

- PBES had failed to submit a health risk report, and

- the application failed to indicate the cumulative effects of the development.

“We are happy for this response by government refusing permission to the development of a hazardous waste incinerator in Sasolburg. The people have been listened too, and this has set a precedent”, said Nicholas Kasa, secretary of the SEC.

The rejection of the incinerator proposal came exactly one month after the south African government ratified the Stockholm Convention, which calls for the elimination of dioxins, which would have been one of the main by-products during the incineration of waste.

“It is hoped that by this decision, the SA government is stating its intent to fulfil its obligations to protect the health of the people of south Africa and the world, and will consider halting other such proposals as the Mondi (Anglo American) incinerator in south Durban,” comments Manny Calonzo, Assistant Coordinator of GAIA, based in the Philippines.

groundWork hopes that this rejection will send a clear message to foreign investors that south African does not approve of them pushing dirty technologies such as incineration in south Africa and the south generally.

groundWork wishes to acknowledge the legal and technical assistance we received from Patrick Pringle and his colleagues at the Legal Resources Center (Pretoria) in opposing this incinerator.

Peacock Bay Environmental Services are currently appealing the Free State government’s decision. 


WASTE PROJECTS

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Crimes against communities: The tales corporates tell
By Llewellyn Leonard

The ultimate test of man's conscience may be his willingness to sacrifice something today for future generations whose words of thanks will not be heard."                                                                         Gaylord Nelson

For years polluting industries have poured poisonous toxic chemicals from incinerators into the environment. Communities living adjacent to these incinerators have largely been ignorant of their potential for harm. These industries have subjected people to contact with poisonous toxins without their consent and knowledge. It is the public that is being asked to assume the risks that industries calculate. Communities are beginning to understand the risks that incinerators pose to their health and environment and have decided that enough is enough and that no more shall industries, which try to promote incinerators by hiding them behind new “labels”, pollute their air thereby affecting the lives of their children and environment.

It is a fact that as long as industries and polluting technologies continue to be placed in poor black communities, profits will always come before people. Currently, several incinerator proposals being pushed by industries are cause for concern.

Pretoria Portlands Cement
Pretoria Portlands Cement (PPC) is proposing to incinerate tyres to replace some of their coal in its cement kilns. I was flabbergasted to hear that PPC stated that the disposal of tyres would contribute to road safety preventing them from being sold to unsuspecting vehicle owners -as if this statement would detract society from the reality that the burning of tyres by PPC is a form of increasing profits by spending less on exploring cleaner fuel sources. This I feel is at the expense of the environment and communities despite the fact that PPC has recently reported a forty-five percent growth in net attributable profit to R600.3 million for the year to September.  PPC also claimed that the burning of tyres would be environmentally friendly. However, it is a reality that internationally there has been a move away from incineration and that in test studies done in the United States and Europe, burning tyres in cement kilns has increased dioxin emissions by 36% and has also increased heavy metal emissions.

groundWork recently wrote a letter to government requesting that a full Environmental Impact Assessment (EIA) be conducted on alternatives for the disposal of tyres. Uses for used tyres include the reuse of rubber crumb in products such as rubber wheels, specialist surfaces such as running tracks, surface material for roads and playgrounds to name a few.  It is hoped that the government will stop this proposed burning of tyres and explore cleaner alternatives for the recycling of tyres.   

Natal Portland Cement
Natal Portland Cement (NPC), which was recently sold off by PPC, is also proposing to fire its cement kiln at its Port Shepstone plant with alternative fuels, in this case hazardous waste.

Last month I visited the NPC plant at the invitation of NPC.  I was aware that NPC was disseminating information to the public and asked if it was conducting an EIA. I was told that approaches had been made to three different consultants for a quote for an EIA.  However, NPC clearly stated that the current information dissemination exercise was not part of the EIA. What concerned me was that the scoping phase of the EIA would require public participation and that it did not make sense that information dissemination was being conducted and still an EIA would be done requiring public participation again, causing the current information dissemination conducted to be nullified. This makes me wonder whether or not an EIA will be conducted. I was also surprised that NPC had not as yet informed surrounding communities about the proposed project since it is these people’s lives that would most be affected by health risks.

It is time that corporates come out with transparency of information and stop posing in front of civil society as wolves dressed in sheep’s wool. 

Mondi Paper
Another case of crimes against communities is the recent authorisation given by the provincial government to Mondi Paper, a subsidiary of Anglo American, for the construction of an incinerator in Merebank, south Durban.  Mondi is proposing to burn coal, coal ash, waste sludge and various other waste products as fuel sources for its paper plant.  The local communities are opposed to this proposal and are asking that Mondi switch to a cleaner fuel source such as Sasol gas.

In a meeting held in south Durban between the communities and Mondi, those present clearly stated to Mondi manager, John Barton that they did not want the incinerator in their neighbourhood. I was shocked that Mr Barton at the meeting gave a speech in which he stated how fit he was and what an athletic comrades runner and Duzi athlete he had become.  His glorification of himself didn’t last very long, however, as the community responded by telling him that he should try jogging in south Durban and experience the pain of lung burn and short breath being experienced by members of the community.

I was upset to hear Mondi argue that their project was consistent with Minister Valli Moosa’s Multi-Point Plan to improve air quality in south Durban. The provincial government’s authorisation of this incinerator undermines the national Ministry’s plans to improve air quality in this area.  One of the objectives of the ‘Multi-Point Plan’ is to reduce the use of dirty fuels and coal in south Durban.  However, this facility would make use of both coal and dirty fuel (in the form of waste products).  The facility would also result in increased emissions of some pollutants, such as carbon dioxide which would increase by nearly 50% and nitrous oxide (NOx) which would increase by 16.7%.  Sulphur dioxide emissions from the plant would decrease, but only by 5%, which would not contribute significantly to the already saturated pollution problems experienced in south Durban.  Mondi’s statement that the project will result in a reduction in all emissions except carbon dioxide is untrue.  Hence, government must revert its decision and follow the proper channels and allow a full EIA to be conducted.

It is time that corporates stop ‘toying’ with people’s lives by committing murder upon innocent victims through polluting their environments thus affecting their health. The role thus far that communities, environmental groups and others have played in compelling such corporates to change their behaviour is an achievement however, that most corporate environmentalists fail to recognise.   It is hoped that through continued global community mobilization that such attitudes will change over time causing corporates to switch to clean production technologies that will have a positive spin-off for all of us. 

 


AIR QUALTIY PROJECT
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Ordinary Miracles
by Ardiel Soeker

Just as pebbles make a mountain
Raindrops make a sea
Every sun that rises
Never rose before
Each new day leads the way
Through a different door
And we can all be quiet heroes
Living quiet days
Walking through the world
Changing it in quiet ways

Ordinary miracles
Like candles in the dark
Each and every one of us
Lights a spark

And the walls can tumble
And the mountains can move
The winds and the tides can turn
(Extracts from Ordinary Miracles by Barbra Streisand)

Ordinary miracles have been the driving force of groundWork’s existence. This year has been no different. More intense maybe, what with the launch of the Air Quality Project, Community Air Pollution Monitoring Campaign, Regional and International exchanges and the increasing number of industrial incidents and accidents to respond to, and don’t forget WSSD… Definitely more intense!

Ordinary miracles are manufactured in the hearts and minds of people and it seems that they always have a collective basis expanding beyond the staff of the organisation. These days “groundWorker’s” have sprung up everywhere, whereas not long ago there was very little environmental activism in the country.

Activists of the Sasolburg Environmental Committee took on the might of industry and succeeded in stopping the construction of a hazardous waste incinerator in their neighbourhood. The developer is now appealing the decision. Similarly in Secunda, Joe Slovo and Table View, environmental activism is on the increase. The Table View Residents Association has managed, through sheer persistence, to commit the Parliamentary Portfolio Committee on Environment and Tourism to investigate the impacts of the Caltex refinery’s pollution on neighbouring communities. South Durban has literally been peppered with industrial incidents over the past while, leading to demonstrations and marches by south Durban residents.

Progress and maturity can result from these conflicts. The Sasolburg Environmental Committee and The Highveld East Environmental Monitoring Association are now established structures and spokespersons for their communities on environmental justice issues.  Refinery communities now have the resources and know–how to do pollution monitoring, run campaigns, negotiate with industry, engage our government, network with national and international NGO’s and the list grows longer as the activism increase.  Look out 2003, here we come! 

  


AIR QUALITY PROJECTback to top
Climate Justice Conference
by Ardiel Soeker

The recent UN conference on Climate Change in India served as the trigger for a parallel protest conference organised by the Indian Climate Justice Forum. The Climate Justice conference provided a platform for communities affected by climate change to draw attention to their individual struggles and challenges.

Fisher folk, landless peoples organisations, women’s movements, indigenous peoples organisations, local and international NGO’s, the rural and urban poor, formed part of the hundreds of delegates from across the world that gathered for two days in India in October 2002, under a huge marquee in the hot Indian sun to share, strategize and mobilize around climate justice action.

Myself from groundWork and Desmond D’SA from the South Durban Community Environmental Alliance attended the conference and presented our organisations’ respective campaigns.

Some of the different themes and issues discussed during the conference included: Indigenous people’s struggles; the science of climate change; Corporate Accountability; fishworkers’ struggles against climate change; agriculture and food security; natural resource management, and fossil fuel exploration and exploitation.

Delegates were able to make linkages between their own local struggles and those of other communities around the world. Floods, droughts, temperature changes and increases in sea water levels are some of the climatic impacts experienced by these communities. To many people these climatic impacts also mean poverty, landlessness, increase in diseases and a poor quality of life.

It was a sad truth to note that the US is responsible for a quarter of all global warming gasses. In fact some big corporations emit more CO2 than most countries.  Developing countries contribute very little to global warming but will bear the brunt of climate change.

Delegates also expressed their disappointment and frustration at the UN facilitated Climate Change negotiations.  It was as if the negotiators could not see the urgency of the issues.  More and more speakers called for the initiation of a people’s movement for Climate Justice.

The conference climaxed in a peaceful march through the streets of New Delhi to the UN Climate Change Conference to demonstrate our concerns around climate change and injustice. Thousands of marchers carried banners and placards calling for climate justice, corporate accountability, equity, and an end to US apathy.


AIR QUALITY PROJECT
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Young woman from Zamdela gives presentation to Parliament

On 8th November 2002 Seipati Ntaopane, travelled down to Cape Town from her hometown, Zamdela (Sasolburg), to address the Minerals and Energy Portfolio Committee in Parliament. Seipati is a young mother who became concerned about the impact of pollution on her family and community. She is now an active member of the Sasolburg Environmental Committee and a spokesperson for her community on environmental justice.  Following is an extract from her speech to parliament:

“My name is Seipati Ntaopane from Zamdela, Sasolburg in the Free State Province. I represent the Sasolburg Environmental Committee, which was formed to address the community concern of industrial pollution. Companies like SASOL, Natref Refinery, and other chemical plants are situated on my doorstep.

Despite the long running electrification programme in our country, that our government tries to provide to everyone, the problems still exist with coal burning. Poor people cannot afford to buy electricity for heating and cooking. They can only afford it to light their homes and use cheap coal for cooking and heating.

Unless we try to minimize the use of coal both domestically and by industry, people are going to remain poor and unhealthy.  This impact of coal pollution can be avoided successfully by opening up channels of communication between the big companies and the Government and Communities.

Coal can be replaced by natural gas. SASOL is providing natural gas to other parts of the country. Communities should be provided with natural gas to supplement the energy from the electricity. By using natural gas we will be protecting our environment for future generations. We all must take responsibility for creating awareness about safe and efficient use of energy.

Natural gas can also bring real environmental benefit. It is a far cleaner form of energy and we call on Government and Industry to ensure that it is affordable to poor communities. Government must subsidise communities like Zamdela and Embalenhle who are bearing the brunt of economic development. People in these communities are exposed to high levels of pollution from surrounding industries. 

By bringing natural gas to the homes of the people in Zamdela and Embalenhle and other communities, we will be enriching society and providing better way of life for poor south Africans.

Social and economic development must go hand in hand with environmental protection.  A central part of sustainable development is after all protecting and providing things that people will need in future, such as clean air, water and stable climate whilst ensuring our basic needs are met.

I am delighted that we have an environmental right in the constitution and it should not be seen as a bonus, it SHOULD be there. The environment is as much a fundamental right, and is as strong as any others.  Thank you.”

 


Cynics’ Corner

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by Greenfly

This is the “cynics’ corner” and optimism is not a regular feature of this column. But do we have grounds for some optimism in the light of the current rash of legal action being taken on environmental justice issues?

There’s our stalwart litigator in London, Richard Meeran, hammering away at Cape PLC on behalf of diseased and dying asbestos workers; back home, South African lawyers, Ntuli and Spoor are attempting to prevent the unbundling of Gencor before Gefco has to cough up for a massive claim brought by a substantial number of asbestosis victims suing in respect of operations of its former subsidiary, Gefco; residents in Steelvalley adjacent to Iscor’s Vanderbijlpark plant have taken Iscor to court, alleging that the steel company is polluting their water; and there is also, of course groundWork’s own court application to have the largest waste incinerator in KwaZulu-Natal shut down.

All of these cases are civil actions, not state led criminal cases.  Cases of the government taking polluters to court are few and far between.  In fact, I cannot think of one in recent history. 

Talking about lawsuits by victims of environmental justice, readers will be interested to hear that about 111 000 suits have been launched against Combustion Engineering seeking damages for health claims. This US power plant boilermaker used asbestos to insulate its boilers in the 1970s. Some estimate the suits will cost the company $4 billion (about R40 billion)!

In 1990, Combustion Engineering was bought for $1.6 billion by ABB during a phase of rapid expansion under Percy Barnevik – regarded at the time as a ‘visionary corporate manager’ at the head of a model industrial corporation[1]. In 1992 this visionary famously said: “I tell people that if we make 100 decisions and 70 turn out right, that’s good enough”.

That sort of advice may have contributed to ABB’s present predicament – the company is currently trying to stave off bankruptcy, while handling an ill-timed, costly expansion into eastern Europe and Asia, as well as facing the asbestos liabilities. ABB’s stock value has crashed 77% during this year prompting Moody’s Investor Service to cut ABB’s credit rating for the fifth time since March to junk status. When Barnevik resigned at the end of 2001 – saying he was taking his share of responsibility for the companies woes – he took a pension package worth $100 million (he subsequently agreed to pay half back when challenged by his successor this year)[2].

But why would we be interested in all this? Well, ABB weren’t the only ones to benefit from Barnevik’s ‘advice’ – he also sits on President Mbeki’s ‘International Foreign Direct Investment Advisory Council’ which meets regularly to advise him. The groundWork Report 2002, published earlier this year - which dealt with corporate influence over governmental environmental regulation - quoted Barnevik’s views on the meaning of globalisation for the corporate world:

“I would define globalisation as the freedom for my group to invest where it pleases, when it pleases, in order to produce what it wants, by getting supplies and selling wherever it wants, supporting as few constraints as possible regarding workers’ rights and social conventions”[3], [4].

You’ve got to wonder about the enormous gap between these sort of ‘corporate cowboy’ views at the heart of ABB and the credibility ABB seems to be reap from its public relations and ‘corporate responsibility’ work – according to the company’s website, the South African operation:

“scooped awards in no less than five categories at the 2002 annual PMR emPower awards [in] November 2002. ABB was honoured with two national awards for the social upliftment and black economic empowerment categories, two gold awards for the war against crime and job creation and training categories and a silver award for environmental care” (http://www.abb.com/za).

But I digress. Getting back to legal actions against businesses, even some of our Southern African neighbours have recently surprised international corporates by threatening to hold them legally accountable. In Lesotho, a Canadian engineering consulting firm – Acres International – was found guilty of corruption after paying bribes to win contracts on the multi-billion-dollar Lesotho Highlands Water Project. According to IPS, “A company official said he was ‘shocked’ by the court's decision”[5]

And from Swaziland, IPS reports that:

“When a major distillery received word that it was being sued for polluting a major river by the Swaziland Environmental Authority (SEA), the company was so astounded it wrote to Prime Minister Sibusiso Dlamini demanding an explanation.

Implied in the letter was a suggestion that government's desire for foreign companies to invest in the kingdom was more important than environmental concerns.

‘After an investigation by the full cabinet, government finds the lawsuit appropriate, and gives its backing to the Ministry of Environment, Tourism and Communications,’ the Prime Minister's office replied in a press statement.

The lawsuit is the first major test case mounted by the environmental authority”[6]

What is worth noting from the above is that our neighbouring African states are prepared to take polluting corporates to court, while our own government is not.

Remember - groundWork readers are very welcome to supply Greenfly with insider information on environmental politics in SA. If you have any comments, which are critical of Greenfly’s report, for any reason, perhaps you should let the groundWork editor know (I know I’m not interested). But if you have even more interesting stories and scandalous titbits I should know about, e-mail me at greenfly@groundwork.org.za. I promise to protect my sources, but only my sources – targets are there for the taking!


[1] ABB was named Europe’s most admired company four times from 1994 to 1997 in surveys sponsored by the Financial Times and Price Waterhouse.

[2] O’Brien, K. “Asbestos is just one of ABB’s woes”, in Business Report, November 21, 2002.

[3] See Partners in Pollution: Voluntary Agreements and Corporate Greenwash, groundWork, 2002.

[4] Note that ABB (SA) is also a full member of the Industrial Environmental Forum (IEF), a leading industry lobby group active on environmental and policy issues in South Africa – see http://www.ief.co.za/who/whoourmembers.html.

[5] Mekay, E. “Canadian Firm Guilty of Corruption in Africa”, at http://194.183.22.100/ips/ENG.NSF/vwWebMainView/7919BDDA7776A34880256C370081C7D7/?OpenDocument

[6] Hall, J. October 2002. “Swaziland Stands Up to Polluters” at http://194.183.22.100/ips/ENG.NSF/vwWebMainView/B357C6ACACD60DEF80256C600044949E/?OpenDocument


COMMUNITY NEWS

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Pietermaritzburg - Are you really as “ignorant” as the Health Inspector calls you?
By Nitasha Baijnath

 

For far too long the pollution problems being experienced in the predominantly black residential areas of Mountain Rise, Willowton, Panorama Gardens, Eastwood, Northdale and Allandale have been neglected by the Pietermaritzburg city health officials.  According to Mr. Vishaal Singh, the Environmental Health Officer in charge of these areas, members of these communities are “ignorant” regarding air pollution.  I, however, think not!  

These communities are calling for the relevant officials to “wake up” and ensure that the public’s constitutional and environmental rights are not infringed upon because of the authorities’ apathy.

These above-mentioned communities are located around and in the midst of Pietermartizburg’s heavy industrial area.  Here one can find many factories (including PG Bison, TDM woodworks, Bayer, and Belgotex Carpets), dry cleaning industries, as well as five cooking oil refineries (the most notorious of which is the Willowton Oil and Cake Mills).

At an awareness meeting at Eddles Sports Club on the 16th of October, residents expressed their deep concerns about the state of air quality governance in the southern suburbs of Pietermaritzburg.  They said there was a lack of information about complaints logging or feedback to communities by the local municipality on what steps are being taken to address the problem. They feel that their concerns have fallen on deaf years.

The senior citizens present at this meeting discussed the air pollution problem as a matter of urgency as they said that it seemed like the children and the elderly were more ill more often.  Dr Vather, a community General Practitioner, said he had noticed an increase in cases of asthma and other related respiratory illnesses in these communities.

A petition, consisting of 293 concerned individuals (obtained over a short period of time), was sent together with a letter to Environmental Affairs Minister Valli Moosa.  The petition calls for the authorities to take steps to decrease the air pollution from PG Bison, Willowton Oil & Cake Mills, TDM Woodworks and other factories in the vicinity.

My interactions with the officials in the city’s Environmental Health Department have dampened my expectations regarding the commitment by our public servants.  I moved to Northdale earlier this year, and travel through the heavy industrial area on my way to and from work.  The pollution I have experienced and witnessed while commuting has caused me to phone the environmental health department on numerous occasions to complain.  On several occasions, my complaints were not officially logged, feedback was not given, telephone calls were not returned, and inspection of the complaints was dispelled!  Once when I phoned and once when another resident phoned to complain, Mr. Jimmy Pather, the acting Chief Environmental Officer, refused to log our nuisance complaints because he said that we did not live in the area of the pollution!  Can it be that the city’s acting chief environmental officer does not know that pollution knows no borders?!  What an apathetical approach and a shameful reflection of the local environmental health department!

Mr. Hilton Ryder, Chief Environmental Officer, has been delegated by National Government (DEAT), the duty of an Air Pollution Control Officer in Pietermaritzburg. He has however, failed to penalise or prosecute PG Bison when it recently exceeded its permitted dust limit. Moreover, the Willowton Oil and Cake Mills in Willowton have been illegally operating a boiler for over a year now and have also not faced any threat of prosecution. Who knows how much further the wool is being pulled over our eyes!

Calling in to lodge a complaint can be quite a mission as officials tend to pacify complainants by telling them about the difficulties the officials face and the improvements that they are making - when all that is really happening is to the benefit of the polluting industries in the area.  How can you take this?

Why be passive when your lungs are collecting the dust and offensive gases, when your sinuses are being aggravated and nasal cavity being eroded away slowly? The time to mobilize and do something worthwhile is now. Call in to complain whenever you observe or smell an odour or see thick smoke emissions. It will surely jerk things up.

Well, now the officials have begun audits at the factories within Willowton, which is a leap forward. These audits will focus on the checking of permits, boilers, hazards, records, etc.  Also, the Pietermaritzburg Air Quality Forum has purchased a PM10 monitor, which is on PG Bison's premises at present and will be moved around to different factories and communities, in order to monitor the dust levels.  So we are making progress! Although odour and other criteria pollutants are still a problem in the area, let's applaud this initiative. 

Hmm - you are NOT as ignorant as he calls you, after all!

 


INTERNATIONAL NEWS

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Edendale hospital representative attends CleanMed Conference 2002
by Judith Dinky Halimana

Judith Dinky Halimana, a groundWork intern, enjoyed her first trip overseas to attend a medical waste conference in the USA as well as to gain skills and network with international partners.  The trip was sponsored by Health Care Without Harm (HCWH). She will use the experiences gained on this trip to help reduce the risks posed by health care waste at South African hospitals in the future.

On 23rd October I left South Africa for Chicago as a representative of Edendale hospital and groundWork to attend the CleanMed International Conference.  I was excited to attend such a conference since it was my first trip overseas. The aims of the conference included: promoting pollution prevention practices in hospitals; support the development of environmentally safe materials, technology and products; and educating health care providers, workers, consumers and all affected constituencies about the environmental and public health impacts of health care industries and solutions to those problems.

I stayed at the Holiday Inn, Mart Plaza, Chicago and shared a room with Emily Holweck of France.  We have since become good friends.  Other participants came from countries as far as Argentina, Philippines, Japan and Austria to name a few.

During the conference, I had the honour of meeting other health care providers and environmentalists, including Glenn McRae, Annie Leonard, Firuzeh Mahmoudi and Lillian Corra.  Presentations covered matters such as healthy interiors; life cycle of materials; environmentally sustainable health care systems; safe needle devices, etc.  There were also exhibits of medical products and literature.

I was honoured to listen to the keynote speaker, William McDonough, author of the book “Cradle to Cradle”.  I have since made a copy of this book available at Edendale hospital Library.

The highlight of the conference was attending a workshop on Environmentally – Sound and Safe Management of Waste from Health Care Activities conducted by Dr Glenn McRae, who visited Edendale Hospital in 2001 with groundWork to conduct a skills share at our institution.  I was thrilled to give a presentation on the past and present practices of Edendale hospital since the skills share. I also spoke on the hospital’s future intentions for health care waste management.  Many participants were eager to speak to me after my presentation to find out more about how we had reduced hospital costs with regard to health care waste.

The programme also included a tour of the University of Illinois – Chicago conducted by Professor Peter Orris.

I would like to thank HCWH and groundWork for giving me the opportunity to attend such an informative and globalised conference. The knowledge and skills that I have obtained has been most rewarding. I will in the future be using this knowledge gained to help reduce the amount of waste produced at my hospital and hopefully help other institutions as well. This will help contribute to sustainable hospital environments.

 


FEATURE ARTICLE

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The dose determines the poison, or does it?
By Linda Ambler

For centuries toxicologists have worked on the premise that the "The dose makes the poison."[1], i.e. very toxic chemicals can be harmless if they are present in small enough doses.  Toxic chemicals are present everywhere – in our air, our foodstuffs, our cosmetics and water. But we have been told that these chemicals are so diluted or dispersed as to pose no threat. However, a recent article by Rachel’s Environment and Health News[1] presents arguments and evidence which undermine this theory.

Differently susceptible

The first example of how the dose does not always determine the poison, is how some people are more susceptible to some chemicals than are others.

For example, exposure to sulphur dioxide fumes may provoke asthmatic attacks in some people while other people may be unaffected. Some people walking down the detergent aisle in a supermarket may begin to sneeze or break out in hives.  However, most will not show any reaction.

Bioaccumulation

The "dose makes the poison" justification for industrial dumping is also weakened by the discovery that some chemical pollutants accumulate up the food chain. Thus a cow may be exposed to a low dose of chemicals in the grass it eats, but this dose of chemicals increases when passed on in the cow’s milk[4]. At the very top of the food chain is the nursing infant drinking a solution of chemical poisons along with mother's milk. (Breast feeding is still the best way to nourish an infant. But are there really no consequences of starting life on a diet of dilute chlorinated solvents and pesticides, as all children do today?)

Chemical cocktails

Traditionally, "the dose makes the poison" refers to exposure to one chemical at a time, and does not take into account the fact that we are exposed to a mixture of many chemicals at any one point in time.  Some chemicals may combine to have an additive effect.  Others combine to cause a synergistic effect which is greater than the sum of the effects of each of the individual chemicals. (EHP Vol. 110 Supplement 1, February 2002, pgs 25-42) Thus insignificant doses of several chemicals add up to a significant dose. 

The Environmental Health Perspectives recently conducted two studies which examined the effects of mixtures of chemicals.

In the first study a mixture of four organochlorine chemicals (Lindane, two forms of the pesticide DDT and a breakdown product of DDT called DDE). Each of these chemicals is known to have estrogenic effects. In this study low concentrations of these four chemicals (too low to cause estrogenic effects by themselves) were mixed together.  The result was that these four different chemicals added up to an effective dose which had estrogenic effects. This study showed that chemicals present in our environment or food at so-called harmless levels may combine together to cause harm. (EHP Vol. 109, No. 4, April 2001, pgs 391-397)

In the second study another combination of 4 chemicals (DDT, genistein, 4-N-octylphenol and 4-nonylphenol) were mixed together. Here again the the four chemicals mixed together had greater effect than any of the chemicals alone. (EHP Vol. 108, No. 10, October 2000, pgs 983-987) So mixtures of "harmless" amounts of chemicals are crucially important to health.

Different effects at different times

Bisphenol A is a chemical used extensively in the manufacture of polycarbonate plastics, including soft drink containers, in some modern plastics used as "dental sealants" and in the lacquer lining of tin cans.

The new study in Environmental Health Perspectives reveals that Bisphenol A is particularly potent in mice exposed near the time of birth. Pregnant female mice exposed to low levels of Bisphenol A near the time of birth produce offspring that gain excessive weight early in life and maintain excessive weight thereafter.

This effect does not occur in mice fed Bisphenol A as adults. The study also found that low doses of Bisphenol A produced a greater effect than higher doses!  According to the authors of the study, their Bisphenol A data "suggest the need for careful evaluation of the current levels of exposure [of humans] to this compound." (EHP Vol. 109, No. 7, July 2001, pgs 675-680)

The Bisphenol A study drives home the point that chemicals may be toxic at low levels at a particular time in the life of an organism, which of course greatly complicates the testing that is needed to protect public health from industrial toxins.

Thus it is clear that the dose does not determine the poison, but that is a mixture of chemicals that makes the poison and that this mixture is experienced differently by different individuals and differently at different times during growth and development.

This information above validates groundWork’s belief that we are exposed to a wide variety of toxic chemicals everyday in our air, water and food.  While scientists may argue that the concentration of each chemical in each food item or in each bucket air sample is so low as to be of no concern, the truth is that these low doses all add up to a toxic soup of harmful chemicals playing havoc with our health and natural environment.  The only solution can be the elimination of harmful chemicals, and not merely their reduction.

Information quoted with permission by Environmental Research Foundation, Annapolis, Maryland, U.S., See www.rachel.org .

 


Focus on
Joy Kistnasamy

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by Linda Ambler

This month we welcome Joy Kistnasamy as the sixth member of the groundWork Trust.  It has long been our desire to have Joy on our board but work commitments have prevented this up until now.

Joy brings to groundWork her extremely infectious optimism and enthusiasm as well as a wealth of work experience in the fields of industrial pollution and environmental health.

Joy was born 33 years ago in Durban, and has spent most of her life thus far living in Merebank in south Durban.  She says that growing up in Merebank amidst various major industries, transportation routes and 4 minutes away from an international airport necessitated her becoming interested in environmental issues! 

She also comes from a family which is very aware of any injustices that exist, environmentally or otherwise.  Her late father played a major role in encouraging Joy and her brother to be active rather than passive participants in this process. 

Joy has a BTech: Environmental Health, and a B.Comm. and is presently doing her Masters in Environmental Health while also lecturing in the environmental health department at the Durban Institute of Technology.  Prior to taking up her lectureship she was employed for two years as the Coordinator of the South Durban Community Environmental Alliance (SDCEA).  Thereafter she took part in a three-month scholarship to the University of Michigan, USA in 2001.

Since Joy first began working on environmental health issues in Durban she has noticed a shift in thinking on both the side of community and industry to actively negotiate and reach environmental goals that will benefit everyone. 

Motivating people is one of Joy’s greatest talents. She encourages people living in polluted communities to get involved in the process, telling them that every person's input is vital and no matter what, persevere and never give up. 

Says groundWork director Bobby Peek: “I have always found Joy to be an optimistic person.  In the field in which we work, it is often difficult to be optimistic, for the odds are stacked heavily against us.  However, Joy has through it all always wanted to take on the struggle, irrespective of the odds.”

In the words of a colleague of hers:  “Joy is a joy to work with plain and simple!”

 


In brief

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Industry - Back to business after WSSD

The ink was not even dry on the Chairman’s Paper of the WSSD, when the industries that were making all their fancy promises continued operations as normal in south Durban.  Normal in this case meaning polluting!

On 23 October, community people complained to the Durban city health department about emissions in their neighbourhood.  Only the next day did Engen admit that one of their crude oil storage tanks in south Durban had problems with its floating roof.  The floating roof eventually sank resulting in emissions for over a week. 

On the same day the Shell and BP refinery had an operational upset due to a power failure.  The chemicals present in the refinery processes at that point in time had to be flared without the requisite steam, resulting in impartial combustion of hydrocarbons.  A pall of smoke settled on the south Durban neighbourhood.  Shell did not identify all the chemicals they burnt, but did state that communities need not be concerned about their health!

The result of these two accidents was that the community sandwiched between the two refineries had emissions coming at them from both sides. No action has yet been taken against the either of the refineries.

KZN government to halt incineration of medical waste

The KwaZulu-Natal Department of Health is to be congratulated for taking a policy decision to halt the incineration of medical waste in the province.  This announcement was made by Dr Sipho Msimang from the provincial department of health in a speech to the SA Institute for Environmental Health conference at Durban's ICC last month.  Dr Msimang also called for every health care institution to employ a person to specifically skilled in and tasked with the proper control of all waste matter generated at the institution.  It is hoped that other provinces, departments and the national government will follow this leading example by the KZN government.

Pesticide poisoning

The World Health Organisation (WHO) estimates that there are 25 million cases of pesticide poisoning worldwide every year, resulting in as many as 20 thousand deaths.  99% of the poisonings occur in poorer countries where protection controls are weak and education and awareness is low. (Natal Witness 11-11-2002) 

Iscor pollution court case

The case adjourned just four days after commencing when the judge recused himself after being accused of being biased by council for the applicants. (www.iscorpollution.org.za)

Newborn babies in Britain exposed to high levels of dioxins

The UK Environment Minister has admitted that breastfeeding babies in the UK are taking in a “staggering” amount of dioxins in their mother’s milk.  The concentration of the carcinogenic dioxins in the mother’s milk is 170 times the lowest safety level set by the World Health Organisation and 170,000 times the amount proposed by the United States Environmental Protection Agency to guard against the possibility of getting cancer later in life.

Dioxins are also known to weaken the immune system, disrupt the endocrinal system, cause reproductive problems and having "gender-bender" effects.

The main anthropogenic source of dioxins is the incineration of waste.  The main route of entry of dioxins into the UK population is believed to be through eating beef which comes from cows which have eaten dioxin contaminated grass.

The report says the latest measurements – taken by the old Ministry of Agriculture, Fisheries and Food in 1993 and 1994 – showed that every day babies aged two months were taking in 170 picograms of dioxins for every kilogram of their body weight. (The Independent 17-11-02)

 


Publications
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“Riding the Dragon: Royal Dutch Shell & the Fossil Fire” by Jack Doyle, published by the Environmental Health Fund, Boston, paperback, 351 pages

This is a documentary of Royal Dutch Shell, the fossil fuel-giant which operates in 140 countries and which last year posted a profit of $11 billion.  The book begins in south Durban, South Africa.  From there it moves to the North Sea, Nigeria, the USA, Canada, China and Tibet documenting incidents of leaks, explosions and fires, air pollution, toxic waste and climate change. There are also chapters dealing with the history of Shell, from humble beginnings to global giant, the chemical by-products of the petrochemical industry, as well as the chemical additives.

The book ends with a “to do” list for Shell to clean up its act.  Top of the list is the need to transform itself from a fossil-fuel giant into a renewable energy-based company.  Calls are also made to shareholders to take an active role in encouraging the transition to cleaner fuels and technology.  The central message of this book is clear - the fossil fuel fire is uncontrollable and unmanageable.  There are too many costs and too many risks involved from the extraction to the refining, the transportation, the storage and the use thereof.

This book can be downloaded from www.shellfacts.com

National Air Quality Report

This month groundWork released its first National Air Quality Status Report.  The report draws together the findings of the bucket brigade air samples and community air sampling programmes in three identified pollution hotspots, namely south Durban, Cape Town and Sasolburg   Copies of this report are being sent to the leading decision makers dealing with issues of air pollution, trade and industry, minerals and energy and health.  This report will in future be produced on an annual basis.  Copies of this 2002 report are available from the groundWork office and will shortly be available on the groundWork  web site.

South African people and environments in the global market

This series of five booklets (published by groundWork and reviewed in our September 2002 newsletter) gives an environmental justice perspective on challenges for sustainable development in South Africa.  Issues covered include: global and South African development policies; the corporate push for self-regulation; how selling basic services excludes the poor; genetic engineering and pollution from petrochemical industries.  Please contact us for your free copies.

The groundWork Report 2002 - Corporate Accountability in south Africa: Air Pollution and petrochemical industries

If you have not received your copy of The 2002 groundWork Report, please contact us in the office for your free copy.



[1] Rachel’s Environment and Health News #754 - Paracelsus Revisited, 17 October 2002 (www.rachel.org/bulletin/index.cfm?St=1)