A rogue corporation’s negligence and greed leads to an industrial disaster, exposing their utter disdain for the rule of law, for the environment and for the people whose livelihoods – and lives – are destroyed by their actions. The story is all too familiar, but I’m not referring to BP and their operations in the Gulf Coast.
I’m referring to another company, Union Carbide (now a subsidiary of Dow Chemical), whose 1984 leak of toxic gasses led to the deaths of tens of thousands of innocent people in and around Bhopal, India. Union Carbide executives knew they were ignoring crucial safety precautions at their Bhopal facility. In fact, many of the measures ignored in India were implemented at their American facilities manufacturing the same products. And in early December of 1984, a toxic cloud of methyl isocyanate gas leaked out into the night sky, affecting over a half-million people, killing thousands immediately, and tens of thousands in the days, weeks and years to come.
It wasn’t ignorance that led to this disaster. It was criminal negligence. And those who shrugged and ignored the ramifications of their actions should and will be held responsible. Just last week, a court in India found eight local Union Carbide executives (one of whom passed away years ago) guilty of death by negligence. Despite the prosecutions, this fight is far from over. The sentences for the Indian Union Carbide executives found guilty for the disaster at Bhopal are little more than slaps on the wrist – just over $2,000 in fines plus two years in prison. It’s an outrageous miscarriage of justice. And those sentenced were mere local cogs in a much larger multinational machine. Everyone responsible for the disaster should face trial in India and pay for their crimes. That means going right to the top and extraditing the company’s former chairman Warren Anderson, the man ultimately responsible for the actions of Union Carbide, to India to stand trial. Even though this nightmare has not yet ended for the people of Bhopal, there are simple, yet powerful lessons to be learned.
First, for activists – never give up. The will of a people united for justice can and will overcome the power of an entity with seemingly limitless legal and political resources. It might take years or even decades, but justice will come to those who refuse to stop fighting for it.
Second, for lawmakers – do what’s right. Protecting American interests does not have to mean helping American companies to exploit international borders to evade liability for crimes committed overseas. I’ve never hesitated to support my allies in the activist community as they’ve sought to bring to justice those responsible for this environmental crime.
Third, for executives at large corporations – you are not immune to justice. It may seem comforting to people like BP CEO Tony Hayward that so little of the discussion about the disaster off the coast of Louisiana has been about their criminal prosecution. But while they focus on winning public relations battles in the press, the Justice Department has opened an investigation into possible criminal charges stemming from the ongoing disaster in the Gulf of Mexico. It’s unclear right now whether executives from corporations like BP, Transocean or Halliburton will face prosecution, but the attention to the crisis and the pressure from environmental activists in the region and around the country promise not to let up. And a quarter century of activism for justice for the victims of the disaster at Bhopal should serve as a stark reminder to them that it will not let up any time soon.
