NotiSur-10/26/01-Peru, Brazil, Chile Via NY Transfer News * All the News That Doesn't Fit ------------------------------------------------------------ L A T I N A M E R I C A D A T A B A S E NotiSur - South American Political & Economic Affairs ISSN 1060-4189 Volume 11, Number 40 October 26, 2001 ------------------------------------------------------------ Copyright 2001, Latin America Data Base (LADB), Latin American Institute, University of New Mexico Director: Rebecca Reynolds Bannister Editor: Patricia Hynds Staff writers: Carlos Navarro, Robert Sandels LADB ARCHIVES: Back issues are referenced to provide historical background relevant to the articles in this newsletter. These can be accessed with a subscription to the LADB searchable on-line archives at http://ladb.unm.edu/ by clicking on Search Archive. For subscription information, e-mail info@ladb.unm.edu or call 1-800-472-0888. In This Issue: PERU: GOVERNMENT REJECTS PROPOSAL THAT FORMER PRESIDENT ALBERTO FUJIMORI BE TRIED IN JAPAN * Offer by Japan called "without legal foundation" * Fujimori accused of trying to bribe Montesinos * Toledo appoints anti-corruption czar BRAZIL: REPORT CONCLUDES THAT RESIDENTS NEXT TO SHELL PESTICIDE PLANT SUFFER CHEMICAL INTOXICATION * Factory operated in the area for twenty years * Shell on the defensive * Industrial waste disposal a headache for large firms * Is Paulinia the next Cubatao? CHILE: LAW ALLOWING DIVORCE CAUSING CONTROVERSY * Sale of pill angers Catholic Church * Chile once again looks at legalizing divorce * Law would do away with "divorce a la chilena" * Cardinal accused of political interference ____________________________________________________________ ********************* PERU ********************* PERU: GOVERNMENT REJECTS PROPOSAL THAT FORMER PRESIDENT ALBERTO FUJIMORI BE TRIED IN JAPAN The Peruvian government is insisting that former President Alberto Fujimori (1990-2000) be returned from Japan and tried in Peru. Peruvian officials will continue their efforts to return Fujimori, in self-imposed exile since November 2000, and try him for crimes against humanity. Meanwhile, President Alejandro Toledo has appointed an anti- corruption czar to promote transparency and ethical behavior in society. On Oct. 9, the Corte Suprema de Justicia (CSJ) confirmed that it had sent a request to Interpol for the capture of Fujimori, wanted for human rights violations, corruption, and illicit enrichment. Judge Jose Luis Lecaros said that the local Interpol office must transmit the order to its 174 affiliates around the world. The CSJ acted after attorney general Nelly Calderon accepted the decision by Congress to accuse Fujimori of responsibility for the deaths of 25 people at the hands of a military death squad (see NotiSur, 2001-09-07). Fujimori left the country at the height of a corruption scandal involving his security chief Vladimiro Montesinos and faxed his resignation from Japan (see NotiSur, 2000-12-08). Congress rejected the resignation, instead voting to fire him for being "morally unfit." The former president has denied the charges against him. He has said he will remain in Japan because he could not receive a fair trial in Peru. Toledo's government, which took office in July, has not yet formally requested extradition, but it insists that Fujimori would receive a fair trial. Offer by Japan called "without legal foundation" Japan has steadfastly maintained that it would not grant a request for extradition because of Fujimori's dual Japanese- Peruvian citizenship. President Toledo, in Shanghai, China, for an Asia-Pacific Economic Cooperation (APEC) forum on Oct. 20-21, met with Japanese Prime Minister Junichiro Koizumi and asked him to hand over Fujimori, Japanese officials said. But the Peruvian press reported that Koizumi said Fujimori could instead be tried by Japanese courts because he is a Japanese citizen. "Japan's willingness to try Fujimori in Japan, is, I believe, an improvement from its original position where Japan practically gave Fujimori total immunity...but as Peru's government we have to insist that he be tried in Peru," Prime Minister Roberto Danino told Radio Programas del Peru (RPP). "Any crimes he committed were carried out in Peru, under Peruvian law, and as Peru's president." Peruvian Justice Minister Fernando Olivera also opposed the suggestion that Fujimori be tried in Japan. At a press conference, Olivera said trying Fujimori in Japan on charges brought against him by the Peruvian government "has absolutely no legal foundation." Olivera said that Japan's position gives Fujimori an "unacceptable impunity." He said the Peruvian government would continue supporting legal efforts to extradite Fujimori. Olivera also said that, at the APEC meeting, Toledo and Koizumi separated the issue of Fujimori from their talks on economic and international cooperation. Later, the Japanese Foreign Ministry denied that Koizumi had suggested trying Fujimori in Japan. The Peruvian government said Fujimori had "pulled political strings" in Japan to get the ministry to make that statement, and it insisted that the offer was made. Fujimori accused of trying to bribe Montesinos On Oct. 18, a legislative panel recommended charging Fujimori with making a US$15 million payoff to Montesinos. Prosecutors accused Fujimori of signing a secret decree to divert defense funds to Montesinos as an incentive for him to leave the government without a fight. The congressional permanent commission agreed to ask the full legislature to charge the former president with embezzlement, falsification, and conspiracy. The commission also recommended charges against former defense minister Carlos Bergamino, former prime minister Federico Salas, and former finance minister Carlos Bolona. Bergamino is accused of helping deliver the cash, and Salas and Bolona are accused of signing, along with Fujimori, the decree to divert the funds to Montesinos. The former Cabinet ministers have denied any criminal wrongdoing. Bergamino testified that the payment was made in September 2000, just days after a television channel aired a video showing Montesinos bribing an opposition congressman. The video set off the crisis that resulted in Fujimori's removal. Bergamino said Montesinos had demanded the payment for "services rendered to the state." Montesinos, who fled the country shortly after the video was aired and was captured in Venezuela in June, is in a maximum-security naval prison in Callao. He faces charges that include drug trafficking, extortion, and homicide. He has warned that he will not go down alone and has indicated that he has incriminating videotapes of judges involved in the investigation of his activities. On Oct. 14, special prosecutor Jose Ugaz said the "black list" of corruption in Peru now includes 800 people from all walks of life who are part of an ample criminal network and are wanted by Peruvian authorities. He says the legal proceedings against all those implicated in that network of corruption will last at least two and a half years. "As of now, nearly 800 people have been investigated, but that does not mean that all of them have received money from Montesinos, although they have received favors," said Ugaz. He said that, if the charges of money laundering and drug trafficking are proven, Montesinos will spend the rest of his life in prison. Toledo appoints anti-corruption czar On Oct. 11, Toledo presented his newly appointed anti- corruption czar, Martin Belaunde Moreyra. Toledo said Belaunde, who is dean of the Lima bar association (Colegio de Abogados), will not investigate past cases of corruption, but rather construct a "culture of moralization." Belaunde was named the High Level Presidential Advisor for the Fight against Corruption, the Promotion of Ethics, and the Transparency in Public Life. "We have to understand that the costs of corruption are very high, not only in economic terms but psychologically and in the risks to the country," said Toledo. "We need to judge those who committed criminal acts in the past, but at the same time we need a strategy for the future." Belaunde said Fujimori "has been delegitimized in Peru," and he called on the former president to return to the country and face the charges against him. "Sr. Fujimori...is a Peruvian product, because everything indicates that he was born in Peru and adopted the Japanese nationality for convenience," said Belaunde. He said that the widespread, high-level corruption in Peru during the Fujimori administration was in large part the result of the "ill-fated" decision to legalize presidential re-election, giving the government "excessive control." Belaunde said extraditing Fujimori would be "difficult but not impossible," and it ultimately would come down to a "political decision" by the Japanese government. Belaunde said he has "a Herculean job" that calls for much innovation, but if he is successful, he said, perhaps the post would become unnecessary. [Sources: Associated Press, 10/18/01; Reuters, 10/22/01; Spanish news service EFE, 10/11/01, 10/12/01, 10/23/01; El Nuevo Herald (Miami), 10/23/01; Notimex, 10/09/01; 10/14/01, 10/24/01] ********************* BRAZIL ********************* BRAZIL: REPORT CONCLUDES THAT RESIDENTS NEXT TO SHELL PESTICIDE PLANT SUFFER CHEMICAL INTOXICATION By Matthew Flynn [The author writes for the International Weekly Edition of the Gazeta Mercantil, a Sao Paulo-based financial newspaper] The suit filed by the residents of the Brazilian city of Paulinia against a subsidiary of Anglo-Dutch oil and chemical group Royal Dutch/Shell was bolstered last month when the secretary of health of Sao Paulo state backed a report concluding that residents who live near the site of a former pesticide factory operated by Shell Quimica suffer "chronic contamination" from industrial waste. The evaluation was carried out by the mayor's office in Paulinia (a small city 130 km northwest of the city of Sao Paulo). The report, released Aug. 23, found that 88 of the 181 people tested suffer toxic damage and unacceptable levels of at least one metal or pesticide in their bloodstream. Elizeu Diniz, adjunct director of the Centro de Vigilancia Sanitaria (CVS)--a state agency in charge of protecting the public from health hazards--said the technical analysis carried out by the CVS and the Instituto Adolfo Lutz confirmed the necessity of relocating the residents of the Recanto dos Passaros neighborhood where Shell operated the pesticide factory from 1974 to 1995. "Shell is the confessed culprit in the environmental contamination, and it must relocate the population from the contaminated area," said Diniz. While the multinational has questioned the technical basis of the examination, it has agreed to purchase the residents' homes and property and offered free medical assistance at the Albert Einstein Hospital. Factory operated in the area for twenty years After closing its pesticide factory in Paulinia in 1995, Shell informed local authorities that the soil and groundwater at the factory were contaminated, but not the surrounding area. It was not until this year, however, that the mayor's office carried out a medical examination of the inhabitants of the Recanto dos Passaros neighborhood where high doses of heavy metals, organochlorides, and toxins from the drin family (Aldrin, Endrin and Dieldrin) were discovered. The analysis, completed July 11, found the presence of Aldrin in 20 people and two variants of Endrin-Aldehyde and Ketone in seven people. The analysis also found alpha BHC in four people, beta BHC in four, DDT in 44, and heptachlor in one person. In the case of heavy metals, higher-than-average amounts of lead were found in 60 people, copper in 13, zinc in 22, and aluminum in 50. Compounding the residents' worries, 28 of the 50 children under 15 who were tested were found to suffer chronic contamination from these substances. Contamination could result in such ailments as tumors, neurological problems, and hepatic disorders, the report said. "Some children could have difficulties learning how to write when they enter school because of the chemical intoxication," said Claudia Regina Guerreiro, a medical toxicologist. The report also revealed hepatic and thyroid tumors as well as neurological, gastrointestinal, and skin alterations among residents of the neighborhood. "We are not gong to wait for Shell to make a statement. We are going to get the analyses and take them to court," said Vicente de Paulo Souza, president of the Recanto dos Passaros neighborhood association after the report was published. Shell on the defensive After local authorities made public the report, Shell went on the defensive and questioned its conclusions. In an official statement, the company said that it did not know "the basis used to arrive at the conclusions in the document from the state secretary of health." The statement also said, "The text that was delivered is nothing more than a list of unsubstantiated conclusions and insinuations that attempt to blame Shell for toxins in products that were never...handled by the former pesticide plant operated by Shell Quimica. This fact is well-known by the authorities." Shell accused the mayor's office of using low benchmarks to measure the contamination compared to those recommended by the World Health Organization (WHO). Shell carried out its own blood tests on 159 residents from the affected neighborhood, which showed no toxic substances present, and it hired a physician to present its case. "The problem is in the interpretation of the data," said Flavio Zambrone, a toxicologist hired by the company. In Zambrone's view, of the 17 pesticides produced by the plant, ten were not part of the report, four were not found, and three were detected. And of those three, the levels found were not a cause for alarm. A physician from the Universidade de Sao Paulo (USP) has contested the results of the Shell-sponsored test. Dr. Anthony Wong, head of the USP toxicology department, said at a city council meeting that the company "played down the possibility of intoxication." While Shell at first attempted to avoid complying with the ruling from the local authorities that it had to pay to move the residents of the Recanto dos Passaros neighborhood, by the end of August it had changed its position. "The company is open to the possibility of acquiring the land from those who are feeling uncomfortable in the face of the psychological terrorism created by the sensationalist way that the issue is being treated by local authorities," the company said in an official release. Industrial waste disposal a headache for large firms Shell is not the only firm suffering from its past waste- disposal practices. A number of large firms, including DuPont, BASF AG, Texaco, DaimlerChrysler, and Johnson & Johnson, are working with state authorities to clean up an industrial waste dump located close to Campinas in Sao Paulo state. The state environmental agency Centro Tecnologico de Saneamento Basico (CETESB) and the attorney general's office reached an agreement with 53 companies to contribute part of the US$740,000 needed to research a 20,000 sq meter area and take emergency measures to clean it up. Ironically, these same companies had paid subcontractors hefty amounts to dispose of their industrial wastes. "It was not a small amount that we paid at the time to see that our waste was adequately disposed of," said Nicesio Cascone, director of the DuPont factory in Paulinia. In all, the company paid US$1.2 million for the transport and incineration of its waste material. At the landfill owned and operated by Mantovani, a company specializing in industrial-waste disposal, runoff from 150,000 tons of dangerous waste is leaking through the dump's protective seal and entering underground reservoirs. "Indicators show the presence of ethylene chloride in a well at a neighboring site," said Helio Nascimento Ungari, a CETESB manager in Campinas. The solvent is considered carcinogenic by the International Agency for Research on Cancer (IARC). "We do not consider ourselves responsible for the leaking, but even so we will help," said Cascone, who said that DuPont contracted Mantovani based on the CETESB's recommendation. Company owner Waldemar Mantovani was sentenced to pay for cleanup of the landfill in 1996. But the sentence was never enforced because of difficulties in determining the cost of the cleanup and the few assets held by Mantovani. State authorities then went after the companies responsible for producing the pollutants since national environmental legislation states that "the polluter is obligated, independently of the existence of guilt, to pay compensation or to repair damages inflicted on the environment and third parties caused by the polluter's activity." Is Paulinia the next Cubatao? The case of Shell and the cleanup of toxic landfills has led to comparisons between Paulinia and the industrial town of Cubatao, in Sao Paulo state. Cubatao gained fame as Brazil's most polluted industrial region in the 1950s and 1960s because of the amount of toxic waste produced in the area. Despite ambitious cleanup programs, Cubatao still has high levels of pollution. Sao Paulo state authorities carried out a thorough environmental study in Paulinia. Those responsible for the study say it is a mistake to compare Paulinia to Cubatao. "Comparing Paulinia with Cubatao is not justifiable. We do not have chaos, and it is not a saturated region," said Claudio Alonso, coordinator of environmental diagnostics at CETESB. The study, which included water, soil, and air samples, found that, apart from a few focal points such as the Recanto dos Passaros neighborhood, the country's largest petrochemical hub is capable of receiving more investments. While more investments are likely to continue flowing into the industrial area, more residents will have to leave unless proper, safe, and lasting disposal and monitoring of industrial waste can be achieved. ********************* CHILE ********************* CHILE: LAW ALLOWING DIVORCE CAUSING CONTROVERSY Controversy surrounding a bill, now before Chile's Congress, that would legalize divorce is indicating that "life-style" issues will play an important role in the December parliamentary elections. The divorce bill follows an earlier conflict regarding the sale of the "morning-after" pill in Chile. Sale of pill angers Catholic Church In late August, a debate over the morning-after pill revealed deep splits in Chilean society as the administration of President Ricardo Lagos clashed with the Catholic Church, which was calling for a ban on the drug. Government spokesman Claudio Huepe said the pill should be distributed in Chile despite a Corte Suprema ban that was applauded by the church. "It is the Health Ministry that directs policy on these issues, and we do not think it appropriate that the courts can override health authorities in these cases," Huepe was quoted as saying. The court's ban on distribution of the Postinal brand of the morning-after pill came after the Health Ministry approved the sale in Chile of another brand of the drug. Opponents of the drug challenged in court the plans to put Postinal on the market, resulting in the court's decision. It is unclear whether the drug--in any form--will be available in Chile. Analysts say the issue is part of a longstanding struggle between reformers, many of whom are part of the Lagos administration, and the conservative elite. President Lagos is also at odds with the church regarding divorce legislation and sex education in schools. Chile once again looks at legalizing divorce Twelve attempts have been made during the past 90 years to legalize divorce in Chile, the only Western democracy, with the exception of Malta, where divorce is illegal. The efforts have failed because of the strong opposition of the Catholic Church and the conservative political establishment. In 1997, the lower house finally passed a law to permit divorce, but it was never passed by the Senate. Now, the administration has brought the legislation back for debate. However, few Chileans trapped in broken marriages are counting on passage this time either. When the Senate finally votes on the bill, the outcome will likely hang on one or two votes, and the senators will be voting with an eye on the upcoming legislative elections. Even if the law were enacted, divorce would be a costly and protracted affair. Couples would have to be separated for a number of years and show a judge that they underwent counseling. Stringent rules would protect the rights of children, guarantee that their schooling is paid for, and that alimony and child support are provided. "In this aspect the [proposed] law is very good," said lawyer Paulina Veloso. It sets out "clear rules on protection of the children and the weaker party of the couple, including alimony, visitation rights, and others." On Oct. 10, Justice Minister Jose Antonio Gomez presented to a congressional committee (Comision de Constitucion, Legislacion, Justicia y Reglamento del Senado) the administration's proposed modifications to the Ley de Matrimonio Civil, which had been introduced in Congress on Oct. 2. Gomez told the committee that the administration considers the bill's key elements to be the protection of the family and the need to respond to a situation affecting thousands of Chileans. The Justice Ministry had watered down some provisions of the bill in an attempt to soften opposition from the Catholic Church. Under the new plan, divorce would be granted after four years of separation if the divorce is contested, rather than three years. Law would do away with "divorce a la chilena" Now, many estranged Chilean couples have their marriages annulled through legal loopholes, usually alleging a procedural error in the marriage process. The most common pretext is to show a judge that one of the spouses was not living at the address listed at the time of the marriage. The result is that the marriage is then declared to have never legally existed. But that causes many problems regarding the rights of the spouses. The new legislation would end the abuses of the annulment process, often called divorce a la chilena. Between 70% and 80% of Chileans regard themselves as Catholics, but many disagree with some of the church's teachings on marriage and the family. A recent opinion poll by the Universidad Catolica showed 44% of those interviewed supported the teachings, while 32% were opposed. In another poll by Fundacion Chile, 69% of respondents approve of legalizing divorce and 87% agreed that "a good divorce is preferable to a bad marriage." Some, however, think the law makes things worse. "It's better being the only Western country without a divorce law than the Western country with the worst divorce law," said Jimena Valdes, who runs an institute on women's studies. Cardinal accused of political interference Academic Guillermo Holzmann said lifestyle and moral issues were shaping up as the main battleground for the December parliamentary elections. "This conflict between sections of civil society and the traditionalist elite intensifies when it moves into the direct political arena, as it is doing ahead of the December elections," said Holzmann. As the elections near, tensions between the government and the church have intensified. In late August, Cardinal Jorge Medina called on Chileans to vote for candidates who oppose abortion and divorce, prompting the government to complain to the Holy See that Medina was interfering in Chile's internal affairs. Medina, a native Chilean who heads the Congregation of Divine Worship and the Discipline of the Sacraments in the Vatican, was visiting Chile when he made his remarks in an interview with the Chilean daily El Mercurio. The government complained to the Papal Nuncio, saying it considered the comments "interference in political matters" by a person who is a minister of a foreign state, in this case, the Vatican. Chile's Undersecretary of Foreign Relations Mario Artaza told the Bishop Santo Gamgemi, an official in the Nunciatura, that the government was "deeply bothered" by the remarks. Political leaders also criticized the cardinal's remarks. Deputy Maria Rozas suggested that instead of commenting on Chile's elections Medina should "ask forgiveness" for not condemning the human rights violations during the military rule of Gen. Augusto Pinochet (1973-1990). Medina is not the only member of the clergy to link the law with the elections. Many priests have denounced the law from their pulpits, urging parishioners to vote against pro- divorce members of Congress in December. "It's divorce now, it will be abortion next, and then probably marriages among homosexuals," said Pablo Lizama, a Catholic military chaplain. [Source: El Nuevo Herald (Miami), 08/27/01; Notimex, Reuters, Spanish news service EFE, 08/31/01; El Mercurio (Chile), 10/01/01, 10/10/01; Associated Press, 10/14/01; Miami Herald, 10/21/01] ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= pvtsa-10.29.01-03:39:46-12878