19. I then met a senior Doctor and expert on Occupational Health
and Safety at the ILO , who saw my documents and suggested that
they were good and should be submitted to WTO somehow. I was then
informed that WTO has recently started taking Amicus Curaie (Friends
of the court) submissions. I did so promptly (on 26th June itself)
to the Secretariat of the Case itself also requesting a personal
hearing to enable justice being bestowed!!.
20.
On 26th I received a email from the Director of The Asbestos Institute
confirming that all the facts were presented to the Panelists. (Which
I learnt from reliable sources at the WTO, was not true!!)!
21.
On 26th and 27th I again reminded and requested the Asbestos Institute,
Canada High Commission and several connected officials in the Can
Govt. to make the submission, but no reply recd.
22.
On 27th morning I left a copy of the submission at the Canadian
Mission at Geneva again requesting them to submit a counter to the
WTO and / or to urge them to give serious consideration to our Submission.
23. On 29th I recd. a phone call from the Director of The Asbestos
Institute admitting that the Documents have not been submitted at
the WTO and may be used later, but assured me that I would be involved
in the future proceedings and that he would promptly send me copies
of the Docs submitted at the WTO, which he later regretted as being
confidential thus not possible in his email.
24. From 26th to 30th at the International UN Summit (Geneva 2000)
where I enrolled as a delegate too, I had an opportunity to learn
more and voice my opinion too.
25.
At the WTO Roundtable on Trade and Sustainable Development : I said
" It appears that when the Industry leaders and the Developed Countries
are not able to face the competition from the Developing Countries
they try to kill the product itself in a very subtle manner as in
the case of Asbestos which is much safer & more sustainable than
its alternatives. The WTO under pressure, is forced to give 'unfair
judgements'!! So what is the solution?
26.
The point was well accepted & went undisputed and one of the Panelists
advised that your submission has been accepted at the WTO & you
have now an open opportunity to compete even at the WTO. It is after
all Survival of the fittest as per Darwin.
27.
Some senior WTO officials / members & Senior UN representatives
themselves suggested that:
28.
Your case / submission is very strong and stunning and we wish that
you can somehow build pressure on the Panel to give it serious consideration.
You
may even use the Press.
We are impressed with your organisation and the efforts and we wish
we can associate with you and such organisations in future too.
However , the Panel & WTO is under tremendous Political & Public
pressure to give an Anti Asbestos judgement.
It clearly appears that Canada is not too keen to win the case :
- As there Industry is not able to commercially compete?
- As they get a bad name around the World if they continue business
in Asbestos?
- Because the case was done to pacify the Quebec miners / labour
involved?
- It makes more sense for the Industry to claim heavy compensations
from the govt. on such forced closure.
29.
All the previous 201 Trade Dispute judgements have gone in the favour
of Trade and the world / people are looking at this case very carefully.
30.
If this also goes in favour of trade, people will be upset and will
lose faith in the Integrity of WTO!!
31.
So chances are that your submission may not be given sufficient
importance, unless appropriate pressure is built on the Panel and
WTO, which is certainly possible though difficult.
32.
The Zimbabwe & Bangladesh Ambassadors to UN were also impressed
at my presentation at the World Bank Conference and have taken a
copy of our submission.
33.
A strong Zimbabwe NGO was also keen to pursue the matter seriously.
UK
34.
At the The Imperial College of Science , Technology and Medicine.
The Professor in charge of Material Science after our presentation,
was eager to experiment with Asbestos Cement products.
35.
Mrs Laurie Allen, The Chief of IBAS ( the International Ban Asbestos
organisation, behind the forthcoming Ban Asbestos International
Conference at Brazil ), who very genuinely believed that Asbestos
was a deadly hazard, was stunned to see the scientific presentation
which she could not dispute and was confused and speechless. She
was earlier very disturbed that Canada is holding an International
Conference On Asbestos in India "to fool developing countries like
India that Asbestos is good"!! (The brochure was received by her
in an envelope without sender's name / details ??.) (Who could have
done so ?? & why ??) Netherlands
36.
One of The Main Newspaper's "Telgraaf" was intrigued by the case
and plans to do a story on it. EC (Brussels) The Details of the
Case used to Ban Asbestos (available on the net) appears to be full
of fundamental flaws and weaknesses.
37.
Some important queries have been raised by us to the Person incharge
by email. Conclusion The awareness about Asbestos being much safer
than its alternatives is virtually nil amongst all people, including
the "experts". This awareness needs to be spread a s a p. And the
primary targets at this should be: a. Press : US, Canada, EU, Brazil,
concerned developing countries b. Canada Government c. WTO Panel
for the Case. Brazil & Zimbabwe Government d. Indian Govt. for their
support / backing. e. EC
38.
Some important queries have been raised by us to the Person incharge
by email.
Conclusion
39.
The awareness about Asbestos being much safer than its alternatives
is virtually nil amongst all people, including the "experts". This
awareness needs to be spread a s a p. And the primary targets at
this should be:
a.
Press : US, Canada, EU, Brazil, concerned developing countries
b. Canada Government
c. WTO Panel for the CaseBrazil & Zimbabwe Government
d. Indian Govt. for their support / backing EC
e. Educational Institutions
40.
Requirement :
a.
Pressure on Canada to do needful
b. PR agency (Fully International)
c. Strong National & International body to regulate the CrusadeSeveral
other organisations that I contacted were all eager to know more
about this interesting revelation .
Please
advise and do needful a.s.a.p.
Regards
Joy
Manglani (B Tech, Chem, IIT)
(Director)
ONE Only Nature Endures
Encl. Copy of our Amicus Curiae submitted to WTO
(Please contact for advising us / for more scientific or other details)
* Case No. WT / DS / 135 : Name : European Communities : Measures
affecting Asbestos and Products Containing Asbestos
ONE is a self reliant NGO working closely
with the Corporate, Government, Institutes of Technology and the
public. Presently focussing in the area of Water & Sanitation. We
aim to promote appropriate technologies by synergising latent
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