Saturday, December 03, 2022

The Volatility of US Hegemony in Latin America

 (Part III)

Challenges Ahead for the Pink Tide

A surging Pink Tide has brought left electoral victories in Latin America and the Caribbean protesting the neoliberal model imposed by the US and its collaborators. Neoliberalism has failed to meet the needs of the peoples of the region and is losing its legitimacy as a prototype for development.

However, the countries of the region must of necessity engage in a world financial order dominated by the US, which limits the possibilities of developing their economies successfully.

Troubled waters

US and other western central banks – what Nicaraguan President Daniel Ortega calls the “gang of assassins who control the global economy” – maintained low interest rates for much of the last decade which encouraged countries in Latin America and the Caribbean to take out large loans.

Starting around 2021, interest rates were slowly raised. Coincident, the pandemic hit and developing countries were forced to go further into debt to fund Covid measures and cushion the effects of the economic dislocation. In these volatile times, the value of the US dollar has increased on international markets.

For developing nations, this has meant higher interest payments coupled with capital flight to US financial markets in particular. Inflation, fueled by US and allied sanctions on Russia, have disrupted international supply chains, making goods less available and more expensive. In addition, large corporations have extracted excess profits.

The Pink Tide meets a right-wing counter current

Paradoxically those very problems which the left-leaning governments protested about, now have become theirs to solve once in power and at a time of growing economic distress. What Reuters calls the now “orphaned right” in Latin America and the Caribbean may be down but not dead.

Mexico. In Mexico, AMLO is termed-out for the 2024 presidential race. The popular president is currently advocating contentious electoral reforms and expanded welfare. Economic growth is stagnating, and the country continues to be plagued with horrific drug cartel violence. The US is heavily pressuring Mexico to accept GMO crops, energy sector privatization, and measures to prevent immigrants for crossing the border into the “land of the free.”

Argentina. Argentina, a major global supplier of grains and soybeans, is in the third year of a draught. The economy is in shambles with inflation running at nearly 100%, wages stagnant, and an enormous debt incurred by the former rightist administration.

Current vice president and former president (2003-2007) Cristina Fernández de Kirchner (CFK) is the likely left candidate in the upcoming presidential race in October. She may be pitted against former right-wing president Mauricio Macri in what would be a polarizing contest. CFK, who narrowly escaped death when the assassin’s gun jammed, is facing major legal “lawfare” challenges for corruption. Presently, the right is favored to win in the polls.

Bolivia. President Arce faced a month-long coup attempt in the Santa Cruz department of Bolivia. Right-wing forces set up blockades and violently attacked unionists and campesinos, causing considerable damage to the national economy before an agreement was reached. The timing of the next national census was the ostensible point of contention, but the larger and continuing purpose was to destabilize the leftist administration.

Peru. The ever-mercurial Peru has had five presidents in three years. After winning by a razor thin margin, the majority right-wing legislature has so hounded President Castillo that he has literally been unable to govern. They have even blocked his ability to leave the country while he is being investigated on multiple corruption charges. Castillo is hanging in there by his fingernails, having survived two impeachment attempts (and another in progress) and some five cabinet reorganizations.

Honduras. After over 12 years of US-aligned governments in Honduras, President Castro has inherited a strongly entrenched rightist judiciary, military, and police and a weak economy. A state of emergency was imposed at the end of November to address widespread extortion by gangs.

The new president has proceeded cautiously given her constrained options. The legislature passed her repeal of the ZEDE free trade zones. But the US ambassador has interfered in Honduran affairs, opposing the repeal.

Chile. Gabriel Boric has tried to position himself as the “good” non-authoritarian left. On the campaign trail and in office, he criticized Cuba, Venezuela, and Nicaragua, creating disunity among the left-leaning Latin American states. Maduro of Venezuela returned the compliment by labelling him the “cowardly left”; Ortega of Nicaragua called him a White House “lapdog.”

While he may ingratiate himself to the US, President Boric’s popularity ratings have plummeted. He surfed into office on the popular wave for a new constitution to replace the Pinochet-era one, but which went down in a referendum on September 4 with only 38% approval. The economy is in decline and the indigenous Mapuche people are in revolt.

Colombia. The new progressive president has to carefully triangulate with the entrenched right and the colossus of the north. Colombia is the only NATO “global partner” in Latin America, and President Petro has proposed bringing NATO into the Amazon. The congenitally anti-communist, neoliberal Soros foundation is also working closely with the new government.

Despite these constraints, President Petro has reopened relations with Venezuela, reversing Colombia’s previous role as the US surrogate to attack its neighbor. Petro has forged ahead with his Total Peace initiative with the ELN and other armed guerillas, based on the 2016 Peace Agreement. Further, the new administration seeks to negotiate peaceful settlements with right paramilitaries and drug cartels. Meanwhile, illicit cocaine production in Colombia, the world’s largest supplier, is on a record increase.

Petro has also been successful in getting his tax reform enacted to fund his ambitious social programs. Nevertheless, his energy policies present problematic choices between extraction for profit and retrenchment for the environment.

Brazil. Lula beat Bolsonaro by 1.5%. Given the unexpected closeness of the vote and Bolsonaro’s extreme right-wing positions, not to mention his bungling of the Covid crisis and general mismanagement, some analysts considered the election more of a rejection of Bolsonaro than an affirmation of Lula. A significant proportion of the electorate believe, without evidence, that Lula is a corrupt criminal who stole the election.

For over three weeks after Bolsonaro lost, right-wing truckers blocked Brazil’s highways in protest, and evangelicals preyed outside military bases calling for the army to overturn the vote. Bolsonaro neither conceded, nor commented, nor even appeared in public. His Vice President Hamilton Mourão offered the excuse that his chief had a skin disease preventing him from wearing pants!

Finally, Bolsonaro called for annulling over half the votes because of a supposed bug in the electronic system, which would allow him to remain president of Brazil. The independent election authority reaffirmed Lula’s legitimate victory.

Lula’s Workers’ Party lost some of the major cities and states and lacks an effective majority in the national legislature, immediately forcing Lula to moderate his economic agenda after his initial proposal set financial markets plunging. Lula’s running mate and now VP Geraldo Alckmin is a center-right politician, who was included on the ticket to attract that constituency. Lula will take office on January 1.

Prognosis for the Pink Tide

The recent left successes of the Pink Tide have been considerable, but may be transient, subject to the ebb and flow of the electoral arena. Further, this Pink Tide is limited by social democratic politics ideologically tied to accommodating their own bourgeoisies, which inhibits how far social change can be achieved.

Significantly, no new revolutions accompanied this current wave of left electoral victories. Nor are any new revolutions currently on the horizon. The existing socialist countries of Cuba, Venezuela, and Nicaragua have been engaged in defensive struggles against the regime-change campaigns of the US. Their futures are more constrained than they were a decade ago. And their continued survival is by no means guaranteed.

Overarching the hemisphere is the continued presence of US. Globally, Washington has become more aggressive in asserting its dominance and more unified in its imperialist mission now that the Democrats have become the leading party of war.

Meanwhile, recessionary clouds are gathering over the world economy which will impede the left-leaning administrations’ social programs. Unlike the previous Pink Tide of 2008, this one won’t be buoyed by a comparable commodities boom.

Nevertheless, looking into the new year, Venezuelan President Maduro observed at a meeting of the São Palo Forum of regional left parties: “We are facing a favorable wave for the peoples, for the anti-neoliberal model, for the advanced pro-independence model.”

The Volatility of US Hegemony in Latin America

 (Part II)

Cuba, Venezuela, Nicaragua, Haiti, and China 

The US has long considered Latin America and the Caribbean to be its “backyard” under the anachronist 1823 Monroe Doctrine. And even though current US President Biden mistakenly thinks that upgrading the region to the “front yard” makes any difference, Yankee hemispheric hegemony is becoming increasingly volatile. A “Pink Tide” of left electoral victories since 2018 have swept Mexico, Argentina, Bolivia, Peru, Honduras, Chile, Columbia, and Brazil. At the same time, China has emerged as an economic presence while tumultuously inflationary winds blow in the world economy.

In this larger context, the socialist triad of Cuba, Venezuela, and Nicaragua are addressed below along with the importance of Haiti.

Henry Kissinger once quipped: “To be an enemy of the US is dangerous, but to be a friend is fatal.” He presciently encapsulated the perilously precarious situations in the “enemy” states targeted for regime change by the imperial power – Cuba, Venezuela, and Nicaragua – as well as the critical consequences for Haiti of being “friended.”

Out-migration from Cuba, Venezuela, and Nicaragua

While accommodation and cooption by Washington may be in order for social democracies such as the new administrations in Colombia and Brazil, nothing but regime ruination is slated for the explicitly socialist states. Looking pretty in pink is begrudgingly tolerable for Washington but not red.

The Democratic Party speech writers may lack the rhetorical flourish of John Bolton’s “Troika of Tyranny,” but President Biden has continued his predecessor’s “maximum pressure” campaign against Cuba, Nicaragua, and Venezuela. The result has been unprecedented out migration from the three states striving for socialism, although the majority of migrants entering the US are still from either the Northern Triangle (consisting of Guatemala, El Salvador, and Honduras) or Mexico.

US immigration policy is cynically designed to exacerbate the situation. The Biden administration has dangled inconsistent political amnesties jerking Venezuelan and Nicaraguan immigrants around. The Cuban Adjustment Act, dating back to 1966, perversely encourages irregular immigration.

With Cuba, Venezuela, and Nicaragua, the pull of economic opportunities drives people to leave in the face of sanctions-fueled deteriorating conditions at home. These migrants differ from those from the Northern Triangle, who are also fleeing from the push of gang violence, extortion, femicide, and the ambiance of general criminal impunity.

Socialist states red-lined

US sanctions, which have literally red-lined Cuba, Nicaragua, and Venezuela, are more lethal than ever. The electronic technology for enforcing the coercive measures has far advanced since the days over six decades ago when JFK first visited what is called the “blockade” on Cuba. Further, the effect over time of sanctions is to corrode socialist solidarity and cooperation. And in recent times, cyber warfare using social media is effectively wielded by the imperialists.

Natural disasters have a synergistic effect aggravating and amplifying the pain of sanctions. An August lightning strike destroyed 40% of Cuba’s fuel reserves. Then Hurricane Ian hit both Cuba and Nicaragua in October, while Venezuela experienced unprecedented heavy rainfall, all with lethal consequences.

The Covid pandemic stressed these already sanctions-battered economies, presenting the unenviable choice of locking down or working and eating. Cuba was forced to suspend tourism, which was a major source of foreign income. Venezuela chose an innovative system of alternating periods of lockdown. Nicaragua, where three-quarters of the population work in small businesses and farms or the informal sector, implemented relatively successful public health measures while keeping the economy open.

Venezuela has made remarkable progress turning around a complete economic collapse deliberately caused by the US sanctions, but it still has a long, long way to recovery. For example, poor people are getting fat in Venezuela, not because there is too much food, but because there is not enough. Consequently, they are forced to subsist on high caloric arepas made of fried corn flour and cannot afford more nutritious vegetables and meats.

Nicaragua is bracing for more US sanctions, while the situation in Cuba is more desperate than ever. But with international support and solidarity, the explicitly socialist states have continued to successfully resist the onslaughts of imperialism.

Haiti made poor by imperialism

Compared to Cuba, Venezuela, and Nicaragua, Haiti is suffering even more. It is the poorest country in the hemisphere, made so by imperialism. Few countries in the hemisphere have had as intimate a relationship with the hegemon to the north as Haiti…unfortunately. Presently civil society has risen up in revolt and for good reason.

Haiti achieved independence in 1804 in the world’s first successful slave revolt and the first successful anti-colonial revolution in Latin America and the Caribbean. For those Afro-descendants, the price of freedom has been stiff. The former colonial power, France, along with the US have been bleeding Haiti dry ever since. Over $20 billion has been extracted for “reparations” under the force of arms for the cost of the slaves and repayment of the consequent “debt.”

Under US President Bill Clinton – he has since apologized after the damage was done – peasant agriculture was destroyed with an IMF deal. Since then, Haiti has gone from being a net exporter of rice to an importer from the US. The consequent population shift from the land to the cities conforms to the designs for Haiti to be a low-wage manufacturing center for foreign capital.

The treatment of Haitian immigrants and would-be immigrants on the US southern border by the overtly racist and anti-immigrant Donald Trump has been even worse by his supposedly “woke” Democratic successor. Tellingly, Biden’s special envoy quit in protest because he found the administration’s policy, in  his words, “inhumane.”

Haiti has been without an elected president. Ariel Henry, the current officeholder, was simply installed by the Core Group of the US, Canada, and other outside powers after his also unelected predecessor, Jovenel Moïse, was assassinated in July 2021. The Haitian parliament doesn’t meet, most government services are non-functional, rival armed groups control major swarths of the national territory, and cholera has again broken out.

The US has proposed a return of a multi-national military force like the previous disastrous MINUSTAH effort by the UN, which left the country in the state it is now. Little wonder that the peoples of the hemisphere aspire to alternatives to the US aiding their development.

Chinese tsunami and the Russian rip tide

China has emerged as an alternative and challenger to US dollar dominance of the hemisphere. China has provided vital life support for the socialist states targeted by US for regime change. During the Covid pandemic, China supplied the region with medical equipment and vaccines, literally saving lives.

The Chinese economic presence has been like a tsunami wave from the east building up as it approached the American landmass. In 2000, China accounted for a mere 2% of the region’s trade. Economic exchanges began to swell when China joined the World Trade Association in December 2001. Today, China is the number one trading partner with South America and second only to the US for the region as a whole.

China has expanded its political, cultural, and even military ties with the region, while Taiwan’s fortunes have receded. Over twenty Latin American and Caribbean countries have joined the Chinese Belt and Road Initiative (BRI), offering more diverse commercial and financial options.

Russia, too, has been a salvation as when Cuba was caught in the pandemic peak with the Delta strain and their oxygen plant broke down. Russia airlifted life-saving oxygen and later brought vital fuel after the fires at Matanzas crippled the Cuban energy grid.

• The inflationary blowback from western sanctions on some one third of humanity present an increasingly volatile global context.

• See Part 1 here;Facebook

Roger D. Harris is with the human rights group Task Force on the Americas, founded in 1985. Read other articles by Roger D..


 EXCLUSIVE

Several Indian government firms bought Union Carbide products through a backdoor channel for up to 14 years.
















Thousands were killed after toxic fumes from a Union Carbide plant erupted in the city of Bhopal in India on the night of December 2, 1984, in one of the world's worst industrial accidents [File: Raj Patidar/Reuters]

New Delhi – Nearly three years after toxic gases from a Union Carbide Corporation’s (UCC) factory killed an estimated 15,000 people and left more than half a million seriously ill in the Indian city of Bhopal, a chemical trading firm – Visa Petrochemicals Private Limited – was incorporated in Mumbai.

Over the next 14 years, Visa Petrochemicals became a linchpin in an elaborate plan by American chemical giant UCC to discreetly sell its products in India while it evaded criminal trial for spewing lethal gases that killed the residents of Bhopal on the midnight of December 2, 1984. A Bhopal court had declared UCC’s then-CEO Warren Anderson a fugitive and ordered that the properties and products of UCC and its subsidiaries, all of which were proclaimed offenders and absconders in India for not appearing in the criminal trial against them, be seized.end of list

Internal company records, accessed by The Reporters’ Collective (TRC) for Al Jazeera, now reveal that UCC discreetly sold its products to several firms owned by the federal and state governments, and some large private corporations. Among them was a buyer from ground zero: a firm owned by the government of Madhya Pradesh, the state whose capital Bhopal saw one of the world’s worst industrial disasters. The firm was a joint venture partner in a cable company that bought UCC products.

To create a discreet backdoor into India where the public saw it as the devil of Bhopal and courts were going after it, UCC and its associates floated three firms, one each in India, the United States and Singapore. In its internal records, Carbide employees called them “front” and “dummy” companies. At times, they referred to these companies as their “extended arms”. These firms took orders from Indian customers on UCC’s behalf, relabelled its products, routed them through multiple ports and supplied them to customers. The company sold materials that went into the making of household products ranging from telephone cables to paints.

UCC internally admitted that the dummy companies were “a legal requirement” to help it keep its “distance from India”. This admission was made in an internal business plan for UCC to keep selling its goods in India even after the Indian court had ordered the seizure of all its moveable and immovable assets in the country. The court did not explicitly declare the future sale of UCC products illegal. But it had ordered that all its assets be seized, including products and goods meant for sale.

The government companies that traded with UCC knew about this backdoor arrangement, as UCC privately informed them when its front company participated in tenders.

This backdoor arrangement continued until 2002, a year after American giant Dow Chemical bought all assets of Carbide for $9.3bn. The period saw Union governments led by both the main Indian parties, Congress and Bharatiya Janata Party (BJP).

Between 1995 and 2000, the company sold more than 55,800 tonnes of wires and cables in the Indian market, according to records. In 1999 alone, the company sold products worth $24m through this arrangement.

While media in India had reported that Dow relabelled UCC’s products and sold them in the country through a front company for a year, the group’s elaborate discreet channels – the network of front and dummy companies – and information on UCC customers, including government corporations that knowingly bought products through this shadowy channel, had been buried so far. Information on the people behind the dummy companies and their workings – active for almost 14 years – is being published for the first time.

The fountainhead of these revelatory records are documents submitted in a US court hearing when Dow, UCC and its dummy companies got into litigation over the pricing of products in the early 2000s and submitted evidence of their relationships.

The collective sent detailed queries to UCC and Dow but did not receive a response.

Lethal business

Bhopal
Leelabai [pictured] says their eyes burned, and people started vomiting on the night of 
the Bhopal disaster [Shreegireesh Jalihal/Al Jazeera]

It was the death of a technician from phosgene poisoning on a cold Christmas eve in 1981 that first foretold an impending catastrophe and revealed cracks in the UCC factory in Bhopal. UCC’s global profits had plummeted 90 percent in the three years preceding the disaster. Its India unit could sell less than half its production capacity of Sevin, a “miracle insecticide” born on the banks of the Hudson and reborn in India on the sands of Narmada.

Layoffs took hold, and cost-cutting affected safety and maintenance protocols in the Bhopal plant. On the night of the disaster, the safety valves and alarm systems of the tank that stored the lethal chemicals, including the lethal methyl isocyanate used in the production of Sevin, did not work. Some were dysfunctional, others were turned off since malfunctioning alarms would repeatedly go off in the leaky plant.

“I remember that night,” said 60-year-old Leelabai, who lives in Bhopal’s JP Nagar, located near the disaster site. At a distance, overlooking her one-room house is the metallic carcass of the factory.

“I remember it like yesterday. Our eyes burned, and people began vomiting. There was a stampede,” she said, tearing up. A deadly fog had filled nearby slums. Death struck in seconds, and no one was prepared.

Leelabai and her husband were the only survivors in the family. Her three children died over the years as their health debilitated. “Our lives are worse than death,” she said.

“None of us knew they had chemicals this dangerous,” Savitribai, another resident of JP Nagar, told TRC.

More than 2,000 people died over the following days after breathing a cocktail of deadly fumes, one being hydrocyanic acid, a chemical that causes a series of reactions leading to loss of blood flow to the brain and resulting in immediate death.

As per estimates by survivors’ groups, 13,000 people died over the next few years from damaged lungs, brains, kidneys, and nervous and immune systems. Hundreds were disabled for life. The poisonous chemicals polluted (PDF) Bhopal’s soil and water for decades, causing a perpetual health tragedy for residents.

Three days after the disaster, when Anderson – still one of the West’s most powerful industrial leaders – visited India, he was placed under house arrest in UCC’s luxury guesthouse over charges including culpable homicide, causing death by negligence. Three hours later, Anderson, whose factory poisoned a city, was released on a bail of 25,000 rupees (about $300 at the current exchange rate). Within 24 hours, he was mysteriously flown out of Bhopal in state Chief Minister Arjun Singh’s jet and then to the US in the company’s plane. Anderson never returned. He never faced trial. And died peacefully in 2014, aged 92, on US soil where he rose from a salesman in UCC to its CEO.

UCC was still the US’s third-largest chemical manufacturer and 37th among the top 50 US companies in 1984. The Bhopal accident was bad for business. It was a public relations nightmare and would run up several millions in legal costs. UCC had to find a way to continue trade. Who would help the company move past this?

The spin-off

For up to two years after the disaster, UCC did its business in India as usual despite protests and outrage from survivors and activists. In December 1987, India’s Central Bureau of Investigation (CBI) filed charges against Anderson, UCC and its subsidiary that oversaw Asia operations, Union Carbide Eastern, which was incorporated in Delaware, US. By then, UCC had set in motion a series of events that would help retain its grip on the Indian market while keeping a safe distance from courts. The first among them was the birth of Visa Petrochemical Limited.

The company was a “spin off from UCIL [Union Carbide India Limited]”, said Visa Petrochemical’s Annual Business Plans, submitted to the UCC in 1994. Ravi Muthukrishnan, the then India country manager of Dow Chemical, noted in an email to his bosses in 2001 that Visa Petrochemical was formed by former UCC employees engaged in “international trade” after the “government advised them to exit totally out of India”. He also noted that Visa, whose name was changed to MegaVisa Marketing and Solutions in 1999, was UCC’s “extended arm” into India.

An excerpt from the report of Dow India manager, Ravi Muthukrishnan compiled in February 2001.

UCC signed an agreement with Visa Petrochemical on 14 November 1987, 15 days before the CBI filed charges against the former, and designated the new company its “non-exclusive distributor in India”. The arrangement allowed UCC to route its products through Visa. Under the contract, Visa’s “duty” was to “canvas and promote sales” of UCC products. It was to do all this while “representing” UCC. The latter’s business could now proceed without the taint of its past.


The 1987 distributor agreement between Visa Petrochemical and Union Carbide Eastern.

In the next few years, UCC incorporated a new subsidiary – Carbide Asia Pacific – in Delaware, which slowly took over the operations of Carbide Eastern, an accused party in the Bhopal case. This ensured UCC’s Asia businesses, including the agreement with Visa Petrochemicals in India, were carried out by a firm not named in the case.

In 1989, UCC paid $470m as compensation for the disaster in response to the civil lawsuit, which the survivors’ representatives said was a meagre $500 for each victim, and one-sixth of the compensation initially claimed by the government. But the government accepted the proposal without consulting the victims.

In 1992, after all the foreign parties who were accused evaded Indian courts in the criminal lawsuit, Bhopal’s chief judicial magistrate seized all of UCC’s moveable and immovable properties in India. It did so after noting: “The accused Union Carbide USA wants to evade the prosecution going on in this court by transferring its properties in India by any means.” The magistrate labelled Anderson, UCC (parent company based in the US) and Union Carbide Eastern as “absconders”.

For UCC, continuing trade now would be tougher and more complicated than before. UCC and its affiliates had to come up with a new plan.

New partners

In February 1994, a young businessman called Ajay Mittal from Mumbai met UCC officials in Danbury to discuss the shipment of its products. The officials found the meeting with Mittal “excellent” and “frank”, as per a fax sent by UCC officials to Mittal a day after their meeting, a copy of which was submitted in court documents.

Mittal, an American business school graduate, is an heir to the realty business family Mittal Group and currently owns and runs Arshiya Limited, a logistics and supply chain firm. A 2001 Dow India internal report described his family as a “fairly established group” that owns more than 3,000 buildings in Mumbai.

After the court declared UCC an “absconder” and seized its India assets, Mittal’s businesses proved crucial in fulfilling Carbide’s “legal requirement to distance from India”, reveal company documents.


An excerpt from the Annual Business Plan submitted by Visa Petrochemical to Union Carbide in 1994. Carbide and Visa jointly prepared this report. [Shreegirish/Al Jazeera]

Mittal owned a firm in Houston, called Mega Global Services, which was set up in March 1993, documents show. A month later, Carbide Asia Pacific terminated its contract with Visa Petrochemicals and, on the same day, signed a new agreement with Mega Global.

Mega Global Services’ role, according to the new contract, was to first buy UCC products and resell them to “customers located in India”. UCC’s products would be relabelled as that of Mega Global Services in this process.

Mittal did not stop there. Two months after the meeting in Houston, he bought an 89.5 percent stake in Visa Petrochemical. His group now owned both the intermediaries crucial to UCC’s backdoor channel. Mittal, UCC and Visa Petrochemicals worked out Carbide products’ route into India, which was laid out in an annual business plan of Visa Petrochemical.

Visa Petrochemical would scout for customers. It would pass on formal price queries from potential customers to both Mega Global Services and Union Carbide Asia Pacific. They, in turn, sent them to the parent UCC, which would send the prices to Carbide Asia Pacific. The Asia-Pacific unit would further send that information to Visa Petrochemical which sent it to the customer.

If the buyer agreed, it would place the order with Mega Global Services. UCC would sell the product to Mega Global Services. UCC would arrange a third-party transporter, known as a “freight forwarder”, to ship the goods to the customer, according to the agreement. Visa Petrochemical would sign off on an indent – a document listing out the products imported – for the customer.



A flow chart showing how Carbide’s elaborate scheme worked, part of the 1994 Annual Business Plan submitted by Visa Petrochemical to Union Carbide.

While the product originated from UCC warehouses, the seller on documents given at the Indian port was Mega Global Services, for which it earned a commission.

Mega Global Services was referred to as a “front party as a conduit” in internal correspondence. The majority of Mega Global Services’ business revolved around buying and then shipping UCC products as their own.

In 1998, it was replaced by a Singapore firm with a similar name – MegaVisa Solutions Pte Ltd. This too was owned by the Mittal Group.

A July 2001 email by a Dow India manager to his bosses in the US says, “MegaVisa Singapore entity was set up to take care of the post-Bhopal situation, and is essentially a shell company.”

MegaVisa Singapore bought UCC products in the US, “took title to them there, and then arranged to ship the products to our customers from there”, Sanjiv Sanghvi, director at the Singapore firm, submitted in a testimony to the US court in 2002.

This Mittal-owned network of “extended arms” and “shells” would ensure UCC’s products continued to be sold in the Indian market from 1993 to 2002. And among its customers were firms owned by the Indian government – the very party that was suing it for causing death and injuries to its citizens.

INTERACTIVE_IINDIA_UNION_CARBIDE_DEC1_2022

Government clients

Among UCC’s customers were wholly government-owned firms such as Gas Authority of India Ltd, Hindustan Photo Films Manufacturing Company Ltd and Hindustan Cables. Lubrizol India, then an equal joint venture between federal government-owned Indian Oil Corporation (IOC) and American chemical company Lubrizol, was also a customer.

Companies promoted by the governments of Gujarat (Gujarat Alkalies and Chemicals Ltd), Tamil Nadu (Indian Additives Ltd) and Madhya Pradesh (Vindhya Telelinks Ltd) also bought UCC’s products through the channel. The list of customers also includes more than 150 private firms, including Reliance Industries, Sterlite Industries, Finolex Cables, Crompton Greaves, Berger Paints and Castrol India.

Many of UCC’s buyers clearly knew who they were shaking hands with. Documents show UCC informed Oil and Natural Gas Company (ONGC) and IOC that the Houston-based Mega Global Services would bid on its behalf for a tender floated by the public sector companies.

“We hereby authorise Mega Global Services to quote against the above [ONGC’s] tender,” reads a letter, dated November 16, 1994, by Carbide Asia Pacific to ONGC’s general manager. Visa Petrochemical’s 1994 Annual Business Plan notes that the company managed a “breakthrough on TEG with ONGC”. TEG, or triethylene glycol, is a plasticiser chemical for which ONGC invited sellers.

“If MM Global Services is successful in winning the tender,” UCC’s December 1999 letter to IOC reads, “Union Carbide Corporation will supply the quantity required, and the product supplied will meet all the requirements of our specification.”

MegaVisa Singapore submitted a July 2001 sales invoice for an order for methyl isobutyl carbinol worth $77,656 by Lubrizol India. Lubrizol India was jointly owned by IOC and Lubrizol.

Visa Petrochemicals, which changed its name to MegaVisa Marketing and Solutions, worked closely with India’s Department of Telecommunications (DoT). “MegaVisa is working with DoT to improve OIT test in the specification,” reads one of Visa’s emails to Dow. OIT or oxidative induction time refers to a test to figure out the thermal stability of a wire.


An excerpt from the wire and cables market scenario report compiled by a MegaVisa executive sent to a Dow India official on April 2001.

UCC’s Indian front, in fact, had some level of influence on the government. An internal communication from MegaVisa to Dow from 2001, for example, states that “with a lot of groundwork”, the company managed to convince the Indian telecom department (DoT) to float a tender for the purchase of a cable product. This is a product that UCC, through MegaVisa, was supplying to the Indian market. “We need technical support from Dow [the US-based chemical giant had at this point taken over Union Carbide] to push DoT and Utilities for upgradation of specifications”, it says in the same note.

“Even in this time of extreme turmoil & hostile environment for our team we have continued to work with DoT,” Mittal said in an email to a UCC official on May 5, 2000. He also notes that MegaVisa’s work with DoT will help “drive out smaller players”. “As we go ahead we are confident of achieving better volumes and better netbacks for UCC,” he wrote.


In a May 2000 email sent to Carbide officials, MegaVisa’s Ajay Mittal talks about the latter firm’s work with DoT.

Correspondence from two private firms – Sterlite and Finolex – show they too knew they were buying UCC products. Both firms sent legal notices to UCC and its subsidiary in the US, and Sterlite even filed a civil suit against the company after some orders they placed with UCC’s Houston-based front company Mega Global did not come through. The companies eventually settled the case out of court.

Mittal did not respond to queries from Al Jazeera. An Indian Oil Corporation spokesperson said the company “did not have any comments about the trailing communication”. All the other government and private firms that traded with Carbide’s front companies, including the DoT, did not respond to Al Jazeera’s queries.

Dow’s takeover

In February 2001, Dow bought UCC. Soon, activists demanded that the company come clean on why its fully owned subsidiary never faced trial and pay additional compensation to victims. Dow refused to take ownership of UCC’s liabilities, arguing that it never owned the Bhopal plant and that the latter is a separate legal entity.

However, Dow also continued trading UCC’s products for a year using its intermediary companies. But it was keen to mask its link to UCC. An email by the company’s public affairs director in March 2001 reads, “Reporters will be tempted to keep talking about Union Carbide. But we should discourage reporters from using the words Union Carbide, unless it’s a reference to a historical activity.”

Bhopal
Dow’s Business Public Affairs Director Catherine Maxey, in a March 2001 email to other Dow officials, says “we should discourage reporters from using the words Union Carbide”. [Shreegirish/Al Jazeera]

In January 2002, Dow (India) informed MegaVisa that it would no longer be the distributor of most UCC products. By this time, feedback from at least one Indian customer, Berger Paints, on MegaVisa’s personnel was not positive – referring to them as “non-committal”, documents show. Additionally, Dow’s India officials internally recommended that “major customers should be handled directly by Dow”.

MegaVisa, in turn, held Dow responsible for its losses. A year later, Houston- and Singapore-based MegaVisa firms filed a case against Dow and UCC on “antitrust” grounds in the US Connecticut District Court. The MegaVisa firms alleged Dow had gone back on its contractual obligations and hampered its profits.

Dow eventually settled with the Mittal-owned firms out of court, including the businesses in Houston, Singapore and India. The details of the settlement are not known. UCC’s Indian front MegaVisa filed for liquidation in 2010. Its finances reflect a company that was suffering losses.

The same year, the then Congress-led federal government moved India’s top court to change its 1989 order setting the compensation for the disaster’s victims. In its petition, it asked the Supreme Court to reconsider that amount and demand additional compensation jointly from UCC, Dow and Union Carbide India Limited. At the time, the victims’ representatives also demanded that the “corporate veil” of UCC, its subsidiaries and Dow be lifted. The case, pending for more than a decade, was last heard in October 2022 in which the Supreme Court asked the government to include the victims’ demands in its representation.

Shreegireesh Jalihal and Kumar Sambhav are members of The Reporters’ Collective.

SOURCE: AL JAZEERA


Indonesia set to criminalise sex before marriage – even for tourists

Nicola Smith, Dec 03 2022

Indonesia is set to pass a Draconian new criminal code outlawing sex outside of marriage, even among tourists, with a punishment of up to a year in prison.


The draft code, which also carries stiff penalties for abortion, “black magic”, insulting the president and cohabitation before marriage, is expected to be passed by the Indonesian parliament in December.

Rights groups have long warned that the new law, which has been decades in the making, would violate the rights of women, minorities and lesbian, gay, bisexual and transgender people, as well as undermining freedom of speech.












‘In line with Indonesian values’


However, Edward Omar Sharif Hiariej, Indonesia’s deputy justice minister, said the code is expected to be passed on December 15, telling Reuters: “We’re proud to have a criminal code that’s in line with Indonesian values.”

Bambang Wuryanto, a politician involved in its drafting, added that it could be endorsed next week.

If passed, the new rules would apply to both Indonesian citizens and foreigners, with business groups warning about the potential impact on the tourism industry, which is slowly trying to recover after being battered by the pandemic.

Bali has traditionally been a top holiday destination, attracting millions of tourists every year.


A previous attempt to introduce the code in 2019 was shelved after nationwide protests and warnings from the Australian government to its citizens that they could be charged for offences.

Bali, in particular, has traditionally been a top holiday destination, attracting millions of tourists every year.

‘More harm than good’

Shinta Widjaja Sukamdani, deputy chairperson of Indonesia’s employers’ association, said the morality clauses would “do more harm than good,” especially for businesses engaged in tourism and hospitality.

“For the business sector, the implementation of this customary law shall create legal uncertainty and make investors re-consider investing in Indonesia,” she said.

Rights groups have warned that the legislation, which also bans expressing any views counter to Indonesia’s state ideology and criminalises abortion, with the exception of rape victims, will have sweeping consequences for Indonesian society, police morality and increase discrimination.

According to a draft seen by Reuters, insulting the president, a charge that can only be reported by the president, carries a maximum sentence of three years in prison.

“I cannot imagine the damages that this draft will create in Indonesia with many of these toxic articles, from criminalising extra-marital sex to selling contraception to teenagers. It will be a dark era for the millions of people in Indonesia,” Andreas Harsono, from Human Rights Watch, told The Telegraph.


‘All hell will break loose’


As Indonesia does not recognise same-sex marriage, it would mean that “all LGBT relationships will be categorised as a crime”, he said, suggesting that hotels could also be criminalised for hosting unmarried couples.

“All hell will break loose,” said Harsono.

The draft has the support of some conservative Islamic groups, whose influence is growing across the world’s most populous Muslim-majority nation.


FIKRI RASYID/UNSPLASH

If passed, the new rules would apply to both Indonesian citizens and foreigners, with business groups warning about the potential impact on the tourism industry.

Indonesia already has hundreds of regulations at the local level that discriminate against religious minorities and LGBT people, and concerns have recently been raised about growing pressure on women and girls to wear a hijab in public or risk being forced out of their jobs or education.

However, the deputy justice minister defended the move, saying the final version would ensure that regional laws adhered to national legislation, and the new code would not threaten democratic freedoms.

A revised version of the criminal code has been in discussion since Indonesia declared its independence from the Dutch in 1945.