SECOND INTERNATIONAL WATER TRIBUNAL
17 - 21 February 1992, in Amsterdam
Summary of Complaints
"Brazil (1)
Category: Dams
*Hydro-electric power plants of the Amazon*
Plaintiffs
- Pro-Indian Commission of Sao Paulo (CPI), Sao Paulo, Brazil
- Coordinating Committee of those affected by Dams in the
Amazon, Altamira (Para'), Brazil.
Accused
- Brazilian Federal Government as represented by:
. Mr. Fernando Collor de Melo, President
Complaint
During the nineteen seventies the energy potential of the Amazon
river was starting to be tapped, with the objective of making large
economical projects in that part of the country viable. The hydro-
electrical plants were planned not to attend the needs of the
population, but to anticipate the establishment of major projects
such as extraction of metal ores.
The effects of future and completed constructions of hydroelectric
projects in the Amazon area seriously threaten the lives of
indigenous peoples and peasants, and cause serious ecological
problems. The economical interests of the Brazilian government and
international corporations are in no proportion with the damage
caused by these projects. Responsibility for the decision and for
executing hydroelectric projects is the responsibility of the
Brazilian government. It has a monopoly on exploiting energy
potential. According to the Brazilian Constitution, hydraulic
energy potential is property of the Union (Art. 20) and the Union
is competent to exploit it (Art. 21). The Government should
exploit this potential competently and in good faith and should not
cede to any pressures to which it is submitted.
China/Canada
Category: Dams
A *The Three Gorges dam project, China ("Three Gorges"), and*
B *James Bay Hydroelectric project, Quebec, Canada ("James
Bay")*
Plaintiffs
A - Probe International, Toronto
- Mr. Guo Yufang, Chairman, federation for a democratic China,
Dutch Branch, The Hague
B - The Grand Council of the Crees (of Quebec), Nemaska, Quebec.
Accused
A
- The Government of China, Bejing
- The Government of Canada, Ottawa as represented by:
. Canadian International Development Agency (CIDA), Ottawa.
. CIPM Yangtze Joint Venture (CYJV), a consortium composed
of:
- Hydro-Quebec International, Montreal
- British Colombia Hydro International, Vancouver, BC
- CIPM Canadian International Project Managers Ltd.
[owned one third each by SNC Holdings Canada Inc.,
Lavalin Inc. (now merged as SNC-Lavalin Inc.) and Acres
International Ltd.]
B
- The Government of Canada, Ottawa as represented by:
. Mr. Jean Charest, Minister of the Environment
. Mr. Tom Siddon, Minister of Indian Affairs and Northern
Development
- The Government of Quebec, Quebec as represented by:
. M. Robert Bourassa, Premier
. M. Pierre Paradis, Minister of the Environment
. Ms. Lise Bacon, Minister of Energy and Resources
- Hydro-Quebec, Montreal
- SNC-Lavalin Inc., Montreal, Quebec, Canada
Complaint
Governments of northern and southern countries have joined forces
to promote enormous and destructive dam projects worldwide. Such
megaprojects, ostensibly designed to provide electricity to
expanding water to agricultural land, have devastating
environmental and human costs which are often ignored by
proponents.
Both projects will displace people living in their areas, flood
vast ares of land, and destroy existing lands, rivers and
estuaries.
Both Projects have several of the accused in common: agencies of
the Government of Canada, Hydro Quebec and SNC-Lavalin Inc.
the Three Gorges Project on the Yangtze River in China will wreak
havoc with the delicate river, estuarine and coastal hydrology,
will inundate some of China's most valuable agricultural land, will
threaten the existence of several endangered species, will deprive
75 million people of their subsistence economies, put millions at
risk in the case of a catastrophic flood, and strip people of their
rights as outlined in international declarations, and will
violate Canadian and Chinese environmental laws.
The James Bay Project in the James Bay area of Quebec, Canada,
will, if completed, reshape an area the size of France at a 1990
cost of over C$ 64.000 million. Phase I was undertaken without
prior environmental impact assessment. Phase II will cause the
Crees and the aquatic and terrestrial environment of the bioregion
further serious, permanent and irremediable harm. The accused are
breaching international, Canadian and Quebec law and contravene the
aboriginal, treaty and human rights of the Cree."
These are only two of the ten cases which will be held during the
Tribunal. The other cases are not less important but this is
NativeNet and not an Environmental Net, however if somebody is
interested I can give info. about the other cases as well, they are
about:
- mining projects/pollution in Brazil, Ecuador, Argentina, Peru
and Chile. I'm not sure whether there aren't indigenous people
involved here - I'll try to find out during the tribunal;
- flood control in Bangladesh;
- dams/pollution in India;
- denial of clean water provision to Unrecognized Arab villages
in Israel;
- mining in Nigeria, New Guinea, Ghana;
- mining/neglect and mismanagement by the Government in
Philippines;
- pollution in South Africa and Tanzania.
More information about the International Water Tribunal:
"*The jury will hold public hearings*
In the week of 17-21 february 1992, a jury, consisting of 9
independent and respected people from all over the world, will hold
a hearing with 10 complaints being heard in public. The remaining
complaints will be presented as papers. On the grounds of the
dossier and on the grounds of the plaintiffs' verbal commentary
and the defendants' defence, the jury will base its verdict on the
"Declaration of Amsterdam". This Declaration was drawn up by an
international group of renowned environmental lawyers.
[...]
All dossiers and the jury's verdicts will be published after the
hearing."
I'll keep you posted!!
Aleida
-- aleida%yaupon@relay.nluug.nl