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Bhopal Gas Tragedy: “Financial Compensation Will Never Be Sufficient Without Clean-up” – UN Rights Expert

GENEVA (24 November 2014) – The United Nations Special Rapporteur on human rights and toxic waste, Baskut Tuncak, welcomed the announcement of the Indian Government to reconsider the official figures of people affected by the catastrophic leak of toxic gas in Bhopal in 1984, and provide additional compensation.

“However, financial compensation alone will not stop the ongoing human rights violations of Bhopal’s toxic legacy,” the human rights expert stressed. “New victims of the Bhopal disaster are born every day, and suffer life-long from adverse health impacts.”

Almost 30 years after one of the worst industrial accident in history, the soil and groundwater at the site of the old Union Carbide chemical factory in Bhopal remain contaminated despite the fact people live in and around the affected area.

“It is long overdue that action is taken to stop the ongoing violations,” Mr Tuncak said, emphasizing that the Indian Government has a human rights obligation to provide access to remedy.  

The Special Rapporteur explained that prevention of harm is an essential component of an ‘effective remedy’ where remedy for toxic chemical pollution is required. “In order to prevent harm, environmental remediation is essential,” he said.  
 
“Without cleaning the contamination, the number of victims of the toxic legacy left by Union Carbide will continue to grow, and, together, India’s financial liability to a rising number of victims,” Mr. Tuncak highlighted.  

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From: WUNRN [mailto:wunrn@whathelps.com]
Sent: Tuesday, July 08, 2008 3:48 PM
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Subject: India - Bhopal City - Pesticide Poison Leak Crisis Continues - Women & Children of Bhopal
 

 

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http://www.nytimes.com/2008/07/07/world/asia/07bhopal.html?_r=1&th&emc=th&oref=slogin

 

http://www.nytimes.com/slideshow/2008/07/07/world/20080707BHOPAL_6.html

 

The New York Times

July 7, 2008

India: Decades Later, Toxic Sludge Torments Bhopal City

Fareeda Bi sitting with her two sons, Nawab, 8, in her lap, and Hassan, 12, in their home in the Arif Nagar slum near the factory. The boys have no muscle control and are barely able to stand. "There are more children like this in the neighborhood," she said, "who cannot walk, who cannot see." To compound the tragedy, there is no way to know to what extent the water is to blame. The government suspended long-term public health studies many years ago. Photo: Ruth Fremson/The New York Times

By SOMINI SENGUPTA

BHOPAL, India — Hundreds of tons of waste still languish inside a tin-roofed warehouse in a corner of the old grounds of the Union Carbide pesticide factory here, nearly a quarter-century after a poison gas leak killed thousands and turned this ancient city into a notorious symbol of industrial disaster.

The toxic remains have yet to be carted away. No one has examined to what extent, over more than two decades, they have seeped into the soil and water, except in desultory checks by a state environmental agency, which turned up pesticide residues in the neighborhood wells far exceeding permissible levels.

Nor has anyone bothered to address the concerns of those who have drunk that water and tended kitchen gardens on this soil and who now present a wide range of ailments, including cleft palates and mental retardation, among their children as evidence of a second generation of Bhopal victims, though it is impossible to say with any certainty what is the source of the afflictions.

Why it has taken so long to deal with the disaster is an epic tale of the ineffectiveness and seeming apathy of India’s bureaucracy and of the government’s failure to make the factory owners do anything about the mess they left. But the question of who will pay for the cleanup of the 11-acre site has assumed new urgency in a country that today is increasingly keen to attract foreign investment.

It was here that on Dec. 3, 1984, a tank inside the factory released 40 tons of methyl isocyanate gas, killing those who inhaled it while they slept. At the time, it was called the world’s worst industrial accident. At least 3,000 people were killed immediately. Thousands more may have died later from the aftereffects, though the exact death toll remains unclear.

More than 500,000 people were declared to be affected by the gas and awarded compensation, an average of $550. Some victims say they have yet to receive any money. Efforts to extradite Warren M. Anderson, the chief executive of Union Carbide at the time, from the United States continue, though apparently with little energy behind them.

Advocates for those who live near the site continue to hound the company and their government. They chain themselves to the prime minister’s residence one day and dog shareholder meetings on another, refusing to let Bhopal become the tragedy that India forgot. They insist that Dow Chemical Company, which bought Union Carbide in 2001, also bought its liabilities and should pay for the cleanup.

“Had the toxic waste been cleaned up, the contaminated groundwater would not have happened,” says Mira Shiva, a doctor who heads the Voluntary Health Association, one of many groups pressing for Dow to take responsibility for the cleanup. “Dow was the first crime. The second crime was government negligence.”

Dow, based in Michigan, says it bears no responsibility to clean up a mess it did not make. “As there was never any ownership, there is no responsibility and no liability — for the Bhopal tragedy or its aftermath,” Scot Wheeler, a company spokesman, said in an e-mail message.

Mr. Wheeler pointed out that the former factory property, along with the waste it contained, had been turned over to the Madhya Pradesh State government in June 1998, and that “for whatever reason most of us do not know or fully understand, the site remains unremediated.”

He went on to say that Dow could not finance remediation efforts, even if it wanted to, because it could potentially open up the company to further liabilities.

In a letter to the Indian ambassador to the United States in 2006, the Dow chairman, Andrew N. Liveris, sought assurance from the government that it would not be held liable for the mess on the old factory site, “in your efforts to ensure that we have the appropriate investment climate.”

The claims have divided the government itself. It is now in the throes of a debate over who will pay — a debate that might have taken place behind closed doors were it not for a series of public information requests by advocates for Bhopal residents that turned up revealing government correspondence.

It showed that one arm of the government, the Chemicals and Petrochemicals Ministry, entrusted with the cleanup of the site, has wanted Dow to put down a $25 million deposit toward the cost of remediation, while other senior officials warned that forcing Dow’s hand could endanger future investments in the country.

A senior government official, prohibited from speaking publicly on such a contentious issue, described the quandary. “Do you want $1 billion in investment, or do you want this sticky situation to continue?” the official said, calling it a stalemate.

The government is expected to make a final decision later this year.

Beyond who will pay for the cleanup here, the question is why 425 tons of hazardous waste — some local advocates allege there is a great deal more, buried in the factory grounds — remain here 24 years after the leak?

There are many answers. The company was allowed to dump the land on the government before it was cleaned up. Lawsuits by advocacy groups are still winding their way through the courts. And a network of often lethargic, seemingly apathetic government agencies do not always coordinate with one another.

The result is a wasteland in the city’s heart. The old factory grounds, frozen in time, are an overgrown 11-acre forest of corroded tanks and pipes buzzing with cicadas, where cattle graze and women forage for twigs to cook their evening meal.

Since the disaster, ill-considered decisions on the part of local residents have only compounded the problems and heightened their health risks. Just beyond the factory wall is a blue-black open pit. Once the repository of chemical sludge from the pesticide plant, it is now a pond where slum children and dogs dive on hot afternoons. Its banks are an open toilet. In the rainy season, it overflows through the slum’s muddy alleys.

The slum rose up shortly after the gas leak. Poor people flocked here, seeking cheap land, and put up homes right up to the edge of the sludge pond. Once, the pond was sealed with concrete and plastic. But in the searing heat, the concrete cover eventually collapsed.

The first tests of groundwater began, inexplicably, 12 years after the gas leak. The state pollution control board turned up traces of pesticides, including endosulfan, lindane, trichlorobenzene and DDT. Soil sediments were not tested. The water was never compared with water in other city neighborhoods. The pollution board saw no cause for alarm.

Nevertheless, in 2004, complaints from residents led the Supreme Court to order the state to supply clean drinking water to the people living around the factory. By then, nearly 20 years had gone by.

“It is a scandal that the hazardous wastes left behind by Union Carbide unattended for 20 years have now migrated below ground and contaminated the groundwater below the factory and in its neighborhood,” wrote Claude Alvares, a monitor for India’s Supreme Court, who visited here in March 2005.

He tasted the water from one well. “I had to spit out everything,” he wrote in his report. The water “had an appalling chemical taste.” Neighborhood women brought out their utensils to show how the water had corroded them.

As his report went on to point out, the government was long ago made aware of the likelihood of contamination. A government research center warned more than 10 years ago that, if left untreated, the toxic residue on the factory grounds would seep into the soil and water.

Around the same time, under public pressure, state authorities finally scooped up the toxic waste that had lain in clumps around the factory grounds, and stored it inside the tin-roofed warehouse. The warehouse was padlocked only about four years ago.

The waste was supposed to be taken to an incinerator in neighboring Gujarat, but the government has yet to find a contractor willing to pack it into small, transportable parcels. There have been delays in acquiring transport permits, too, with citizens groups raising new questions about the hazards of transporting the waste.

Ajay Vishoni, the state gas and health minister, said he was confident that none of the waste was hazardous anymore, nor had anyone proved to his satisfaction that it had ever caused the contamination of the groundwater. “There is hype,” he said.

In 2005, a state-financed study called for long-term epidemiological studies to determine the impact of contaminated drinking water, concluding that while the levels of toxic contaminants were not very high, water and soil contamination had caused an increase in respiratory and gastrointestinal ailments.

In the Shiv Nagar slum about half a mile from the factory, there is a boy, Akash, who was born with an empty socket for a left eye. Now 6, he cannot see properly or speak. He is a cheerful child who plays in the lanes near his house.

His father, Shobha Ram, a maker of sweets who bought land here many years after the gas leak and built himself a two-room house, said the boy’s afflictions were caused by the hand-pumped well from where his family drew water on the edge of the sludge pond for years. He said it had not occurred to him that the water could be laced with pesticides.

“We knew the gas incident took place,” he said. “We never thought the contaminated water would come all the way to our house.”

The stories repeat themselves in the nearby slums. In Blue Moon, Muskan, a 2-year-old girl, cannot walk, speak or understand what is happening around her. Her father, Anwar, blames the water.

In Arif Nagar, Nawab and Hassan Mian, brothers who are 8 and 12, move through their house like newly hatched birds, barely able to stand. They have no control over their muscles. Their mother, Fareeda Bi, is unsure of exactly what caused their ailment, but she, too, blames the water.

“There are more children like this in the neighborhood,” she said, “who cannot walk, who cannot see.”

To compound the tragedy, there is no way to know to what extent the water is to blame. The government suspended long-term public health studies many years ago.

_________________________________________________________________

 

 

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INDIA - CITY OF BHOPAL - INDUSTRIAL POISONOUS GAS LEAK CRISIS

Deaths - Lingering Health Disorders - Women & Girls - Call for Rights & Justice

 

http://en.wikipedia.org/wiki/Bhopal

 

Bhopâl is a city in central India. It is the capital of the Indian state of Madhya Pradesh

 

Bhopal, India, attracted international attention as a consequence of the Bhopal disaster, when the Union Carbide plant (now a part of Dow Chemical Company) leaked deadly methyl isocyanate gas during the night of December 3, 1984. The poisonous gas killed thousands of people in the city and its neighbouring areas, and thousands of others still suffer from its effects even two decades later. Since then, Bhopal has been a center of protests and campaigns which have been joined by many people across the globe.

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India: Bhopal Survivors - Women's Lens

The Tragedy Continues at Bhopal  

By Sunandita Mehrotra

Bhopal (Women's Feature Service) - "We were forced
to undertake this grueling walk because the Prime
Minister has failed to keep his word. This time, we
are not going back till we get a public declaration
from him that he will deliver on his promise," says an
angry Hazra Bi, a Bhopal survivor, who has undertaken
the 35-day march for the second time from Bhopal to
the Capital (the first march was in 2006). "After all,
what is it that we women are asking for, only water
for our children instead of poison, and basic medical
attention. The Prime Minister can't even give us this
simple assurance. He's too busy shaking hands with the
mighty."

Their earlier 'padyatra' (march) to Delhi in 2006, had
been followed by a six-day hunger strike that ended
only when the Prime Minister Dr Manmohan Singh
promised to meet their age-old demands of
rehabilitation, pensions and medical assistance.
Consequently, a Coordination Committee was
established. However, little has been achieved through
the three meetings held so far.

For the marchers, the killer night of December 2-3,
1984, remains etched in their memories. "That night,
everywhere I looked there was smoke. Our eyes watered.
Our kids began throwing up. We felt we couldn't
breathe. That was just the beginning of the
nightmare," recalls Guddi, 47, whose husband died
shortly after the 1984 Bhopal gas leak, one of the
world's worst industrial disasters.

The incident took place in the early hours of the
morning of December 3, 1984, in the heart of Bhopal. A
Union Carbide subsidiary pesticide plant released 40
tonnes of methyl isocyanate (MIC) gas, killing
approximately 3,800 people.

Guddi and her four children may have escaped death at
that time but they have not been able to get over the
tragedy. Of her four children, only one is physically
and mentally fit. The others suffer from various forms
of retardation, including loss of speech, courtesy the
effects of breathing, eating and drinking toxic
wastes. Having been left to fend for themselves, the
family has a hard time making ends meet.

Guddi now works as a daily wage labourer, the sole
means of income available to her. "The soil is so full
of poison that nothing grows. And if we keep cattle
like goats or cows for the house, they drink the water
and die," she says.

This is the plight of about 25,000 survivors, of whom
50 undertook this 800-kilometre journey on foot to
reach the Capital in order to have their grievances
heard.

One apparent step taken by the centre in providing
'relief' was to set up hospitals specifically for
those suffering from the effects of the gas leakage or
contamination of water. But most women who were part
of the march reveal, "We have gone several times to
the government hospital, but there are hardly any
doctors present. And even if they are present they
take one look at us and shut the door. If we insist
they give us some medicines, they prescribe just
anything. The medicines never work."

Another survivor says with bitterness, "My eldest
daughter was born in 1983. She never grew beyond three
feet, her face is bloated and she menstruates once in
three to four months. When we took her to the
hospital, they wouldn't even register the case."

Most women reveal that their chests hurts, they seem
forever short of breath and that headaches are a
regular symptom along with immense irregularities in
the menstrual cycle.

Besides health problems, employment is another major
concern, with the complete failure of agriculture and
absolutely stagnant development. Raisa Bi explains,
"There is no decent work for my sons in Bhopal. The
only opportunities they have are as low-wage
labourers. My daughter can't get married and nor can
she work. She has always been unwell. She menstruates
twice a month."

Akhila Banu joins in, "There are 18 villages around
the area where contaminated water flows. Around 30,000
of us live there. The government has suggested that we
all shift our homes. But to where? Besides, wherever
we go, we dig for water and the poison follows us.
When we drink the water our eyes hurt, when we bathe
our skins burn. Our daughters have severe headaches
and stomach aches."

Talking about the growing trends of retardation
visible at birth amongst the third generation victims
in Bhopal, Tulsi Bai says, "How can my daughter have a
child knowing that the milk she will feed it will be
the poison I fed her with. Anyway the prospect of
women giving birth to normal children are remote."

Firdoz, 40, says she suffers from severe breathing
problems as do her three children. In fact, her
daughter, Sumitra, 13, weighs less than 10 kilograms.
"I want the government to give me medical attention
and work. If not me, at least my kids. But we have
been asking for 23 years with no response. We are
living only because we have to, if we had died that
night, it would have been better."

The march, however, seems to have given a reason to
hope for the future and strength to fight in the
present. Lila Bai says, "On the way people have been
very supportive and generous, giving us rice, wheat
and so much clean water. Never in my life have I seen
so much clean water."

Over 25,000 people in Bhopal consume contaminated
water. Toxic wastes of over 50,000 tonnes remain
buried in the soil, with no move towards their final
disposal in sight. The government inaction has placed
the denizens of Bhopal at the receiving end of two
disasters: the 1984-gas leak; and the ongoing water
contamination.

Future generations are in danger and any committee set
up for relief would have to work for over 30 years to
ensure any sort of betterment. And, according to some
estimates, at least Rs 20,000 million would have to be
pumped in for relief activity.

"Around 23,000 people have died and the collusion
still continues. We are determined to break this
corporate-government nexus that plays havoc with
peoples lives," says a determined Hazra Bi, speaking
up for 25,000 people who survive, although just
barely.