Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | World Bank Facing Legal Action for Destroying Fishermen's Livelihoods in Gujarat -Vivan Eyben

World Bank Facing Legal Action for Destroying Fishermen's Livelihoods in Gujarat -Vivan Eyben

Share this article Share this article
published Published on May 6, 2018   modified Modified on May 6, 2018
-Newsclick.in

Despite providing capital for an economically and socially disastrous project, World Bank’s International Financial Corporation has claimed immunity from legal action.

A fishing community in Kutch, Gujarat, has moved several courts in the United States seeking damages from the International Financial Corporation (IFC).

The IFC is the private investment lending arm of the World Bank Group, and is hiding from legal action behind an immunity law. The claims were dismissed by the court where the suit was first filed as well as by the Circuit Court (appellate court) on the basis of immunity.

Now the matter has come up before the Supreme Court of the United States, which will pronounce its decision on 10 May.

The cause of action arose when the IFC loaned $450 million to Coastal Gujarat Power Limited, a subsidiary of Tata. The project was for a 4,150-megawatt coal-based thermal power plant along the coast of Kutch in Mundra.

According to an audit report by the Compliance Advisor Ombudsman (CAO) — who answers only to the president of the World Bank — the project violated several of the IFC's Performance Standards (PS). The human costs prompted the local communities to move court in the United States.

Testimonies from the affected communities have shown the project’s abject disregard for their livelihoods and the environment. The power plant has not put in place a mechanism for cooling water. This raises the temperature of the sea water where it is released, which incidentally happens to be fertile fishing ground. Due to the rising temperature of the water, fish are dying.

As a result of the depleting fish stocks, the communities dependent on fishing for their livelihoods are forced to either go further out to sea or give up and take up other employment such as working on construction sites.

The structure of a thermal power plant requires a lot of water. These plants require an inlet and an outlet for water to pass through. The inlet brings in cool water used in the plant, and the outlet takes away the ‘waste’ hot water.

As per the international norms, the hot water is required to be sufficiently cooled before being released. This allows plants located near the coast to neither deplete nor pollute the groundwater in locations further inland. Another aspect is related to the coal dust and fly ash. The conveyor belts carrying the coal to the plant pass next to where the communities have traditionally dried their fish. The dust from the coal ends up contaminating their dwindling catch. The fly ash from the plant has polluted the wells from which the communities used to draw water. Thus, the water is poisoned, the food is poisoned, and their economic well-being has been jeopardised.

The relief sought against the IFC was based on tort law (tort law relates to those aspects of civil law for which there is no legislation). The Machimar Adhikar Sangharsh Sangathan (MASS) has claimed damages for negligence, negligent nuisance, and trespass.

The IFC, on the other hand, has taken the defence of immunity. This immunity that they claim is based on two statutes of the United States: the Foreign Sovereign Immunities Act (FSIA) and the International Organizations Immunities Act (IOIA).

Please click here to read more.


Newsclick.in, 5 May, 2018, https://www.newsclick.in/world-bank-facing-legal-action-destroying-fishermens-livelihoods-gujarat


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close