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Cambodian women passing through the unfenced, crudely contained Formosa Plastic toxic waste at the Sihanoukville, dumpsite. 16 January 1999.
(c) Basel Action Network

 

FORMOSA PLASTICS: GETTING AWAY WITH "MURDER"?

Coalition Press Release

PHNOM PENH, Cambodia, 27 February 1999 -- According to international and local environment, legal and human rights advocates in Cambodia, the deal signed Thursday between Formosa Plastics of Taiwan and the Cambodian government to resolve the problems that resulted from the illegal export to Cambodia of toxic mercury contaminated wastes falls far short of providing environmental justice to the Cambodian people and the environment.

While the Agreement provides for the clean-up and removal of the hazardous waste from Cambodian soil within 60 days, under the supervision of an expert consultant, it also includes language in which Formosa Plastics places blame for their criminal acts on the shipping company and local importer, implying that Formosa had no responsibility to inquire where the waste was to be taken or how it was to be disposed. Nonetheless Taiwanese environmental law required Formosa to have this information before approval could be given to export the hazardous waste.

Most importantly, the deal does not call for Formosa Plastics to compensate either victims nor the Cambodian government for damages and injuries that have resulted, or will result from the toxic dumping. During the negotiations and formalized in the Agreement, Formosa Plastics insisted that they provide medical care to the victims.

"This only adds insult to injury" said Michele Brandt, legal consultant to Legal Aid of Cambodia (LAC), "for the victims to make a choice between trusting their medical care to the very company that poisoned them or to go without medical assistance is a very cruel choice indeed."

Two persons died after being in close contact with the waste, following symptoms consistent with mercury poisoning. At least 4 other persons died and property was destroyed during a subsequent riot and panicked exodus after the word spread about the initial deaths. Many other residents who took bags containing the waste experienced poisoning symptoms. Further, there is likely to be significant ground water contamination in the vicinity of the dump. Already the World Health Organization reported that elevated levels of mercury were found in one well near the site.

"While the Cambodian government claims that they will later seek compensation," said Jim Puckett of the Basel Action Network (BAN) "we fear that once the wastes are put back on a ship, and sail away, Formosa Plastics will conveniently dissapear as well,and might refuse to return to the bargaining table to compensate Cambodians for their criminal act."

The activists believe that Formosa Plastics must pay for a thorough independent assessment of the damages and injuries that occurred due to their illegal export. Then, following the outcome of that report, Formosa must be held liable for any damages and be prepared to pay compensation to the victims.

"It is our view that unless Formosa Plastics is held liable for the damgage and injury caused by this despicable act, they will be getting away with murder," said Von Hernandez of Greenpeace International. "Formosa Plastics must be held to the negotiating table until they show a willingness to protect the people of Cambodia -- not just their public image."

For More Information:

Contact: Jim Puckett, Coordinator, Basel Action Network Secretariat, Phone/Fax: 1.206.720.6426

Michele Brandt, Legal Consultant, Legal Aid of Cambodia, Mobile: (855) 15-917-632

Von Hernandez, Asia Toxics Campaigner, Greenpeace International, Mobile: (639) 17-526-3050

 

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