Thank you Madam Chair. I would like to convey my
message by telling you my story, if you could just be patient
with me for a little while.
Just a day before I left the Philippines to come
to this meeting, I had to be in a court hearing on a defamation
case filed against me and my journalist daughter by a banana plantation
company. We were sued for coming-up with a story that the community
adjacent to the plantation was being poisoned by the pesticides
used in the plantation. We, the defendants, were supposed to present
three of my patients from the community as witnesses.
Our first witness was immediately disqualified by
the judge, granting the objection of the company lawyer who said
that our witness was not listed in our pre-trial brief, despite
the fact that our brief clearly stated that we could present “one
or two other witnesses” as needed. We had, in fact, previously
identified two other patient-witnessess in our brief, a copy of
which we gave to the company lawyer as required by the rules of
procedure of the court. Later, however, our patient-witnessess
told us they were being harassed, offered benefits and even threatened
by what they called “company operatives”. We decided
not to present them anymore because we could not provide them
any protection.
Our second witness managed to take the stand but
was continually interrupted by the objections of the company lawyer
and the debates and negotiations among the lawyers and the judge.
My patient-witness, looking bewildered, ended up telling probably
only 5% of his story. Our third witness was never called to the
stand. I think my lawyer forgot we had a third witness. I am not
sure whether the apparent lapse of memory was related to the fact
that he had suffered a stroke several months before or perhaps
because I managed to pay only about one fourth of his usual attorney’s
fees.
I apologize for taking your time on this story but
I think this is quite relevant to the SAICM drama, and thriller,
I would say, that is unfolding before us. I think this story illustrates
why SAICM aims to achieve, by 2020, that chemicals are used and
produced in ways that minimize their harmful effects on human
health and the environment. It also illustrates the uneven power
relations among different stakeholders, the company versus the
defendants and witnesses, for example. It shows that rules of
procedure can in fact obstruct rather than facilitate because
it gives undue advantage to the most powerful, suppressing the
truth, obstructing progress and showing no sensitivity to the
cries of the poor and the powerless.
I think we are all characters in this story. We
might be the judge, who refuses to see the evidence and rules
arbitrarily. We might be the company lawyer, who blindly follows
the dictates and protects the interests of his powerful principals,
subverting the democratic process of getting to a just conclusion.
We might be the defendants’ lawyer, who, perhaps because
of physical and economic infirmity, or because of selfish interests
too, is too weak to carry the fight for justice. We might be the
witnesses who get confused by all the complex twists and turns
of the hearing, and who are never given real chance to tell their
stories. We might be the defendants who are in real danger of
losing the case, frustrated and angry at the injustice of it all.
In the meantime, vulnerable communities out there continue to
suffer the consequences of global inaction.
I would like, therefore, to appeal to everybody
here to take this historic opportunity to move forward towards
fulfilling the declared aim and objectives of SAICM.
I appeal to you, especially to the powerful, to
listen to the cries and stories of dis-empowered and poisoned
people. Together, we can be the heroes people want us to be!
Thank you very much.