Deliberate Negligence Causes Judicial Crisis?

In a move that, at best, shows seriously poor public administration, the Environment Commission of Trinidad and Tobago has been effectively shut down, so there is no environment court at this time.

Justice is shut down until the Environment Commissioners (EC) are reappointed, or new Commissioners are appointed.

Although all of the terms of appointments for all of the EC expired on Thursday December 31st 2009, no new appointments have yet been announced and as of January 1st 2010, there has been no functioning environmental court in our country, while taxpayers continue to pay the budgeted 7.877 Million TTD per annum, $30,000.00 per working day.

One of the matters scheduled to be heard in the environment court on Wednesday January 6th 2010 involves the Head of the Quarry Association of Trinidad and Tobago vs. the EMA and FFOS. The quarry operator illegally engaged in major works on the once paved Cumaca Road and dumped millions of tons of debris into the Turere River, thus destroying one of the main suppliers of the North Oropuche Watershed Basin, a once protected and major feed station for the supply of safe drinking water for Arima/ Sangre Grande and environs.

Quarrying is seriously environmentally destructive and there used to be some mitigation measures required, such as that all top-soil was to be saved and re-spread on the denuded area after quarrying stopped at that site, thereby allowing some vegetation re-growth and in some small measure, reducing flooding.

That silt traps are built etc. The mitigation measures used to cost only a fraction of what the quarry operators earn from the quarry. Today there are no enforced regulations.

The largest quarry owners are also the largest road paving companies in this country. They receive billions worth of road paving contracts annually, and are alleged to be major contributors of campaign funding on all sides of the political spectrum. This PNM removed quarries from the Certificate of Environmental Clearance (CEC) Designated Activities Order in January 2009, so that quarries are now free to operate without EMA regulation.

Road works however, still need a CEC.

But now, the Environmental Commission, like the Integrity Commission, is in-operable. Better must be done considering the importance of the Judicial process in a democracy. Of course the President is the man who takes some of the blame, since the EM Act states at Sect 82 (2) that the chairman and deputy chairman of the Commission "shall be appointed by the President." But who appoints the other Commissioners? Where is the Minister of the Environment?

As an arm of the Judiciary, and with all of the incumbent remedies of the High Court, these appointments should be influenced by the Chief Justice, but are not. Is it not a conflict of interest that the appointment of the Environment Commission comes under the jurisdiction of the President and Minister of the Environment and not the Chief Justice?

Is it influenced, accidental or deliberate that the Environment Commission and its court has been left to languish by the failure to appoint the Environment Commissioners?

It is evident that our Prime Minister and Cabinet have no apparent interest in preserving our natural and sustainable water sheds so that billions can instead be made by privately owned energy guzzling and polluting desalination facilities while the environment is left neglected and our water tables are destroyed for all time?

What is to happen to the matters now before the environmental court? Such chaotic delay, where is the President, busy selecting his Carnival costume?

FFOS call on the President and Prime Minister to publicly discuss and find remedies to this crisis without further delay.

Why the silence? Have the positions been advertised? Have the appointments been reviewed or vetoed?

Have all candidates refused the post? Is the quarry lobby influencing this delay?

After all, a politically appointed Environment Court is still better than no Court at all.

One must wonder about 2020 vision if public office is serving private interests.

Sustainably yours,

Gary Aboud.

Secretary.

Terrence Beddoe,

President.

Fishermen and Friends of the Sea, FFOS.

22nd November, 2009, People's Democracy Rally Woodford Square, POS

Various groups highlighted some of the major problems that affect us today:

• Crime and violence
• The Property Tax - No Taxation without Representation
• Continuing high food prices and the neglect by the Government of food production by our farmers and fisherfolk
• The lack of regard for transparency and accountability as evidenced by the scandals surrounding the Integrity Commission and the Uff Enquiry into UDeCOTT.
• The mis-use of our patrimony to pursue mega projects rather than address the basic needs of citizens (health care, education etc) and communities (flooding, water etc)
• Disregard for the dignity of labour and the attacks on the institutions of labour and of the co-operative sector
• The lack of concern for the well being and welfare of the elderly (decent pensions etc)
• An attempt to further entrench a concentration of power in the hands of the Executive as evidenced by the proposals for reform of the Constitution and Local Government.

The La Brea Concerned Citizens United (LBCCU) was represented by Anslem Carter. He spoke about the suffering of Square Deal residents for the last five years exposed to dust and noise coming from Union Industrial Estate. He said that they had been betrayed by the State since it was only after Alutrint got permission from the EMA to build their smelter, did the information that some 4000 residents living within 2km had to be routinely tested for cancer. The Rights Action Group also spoke at this Rally.

The Issues and Demands presented by the People's Democracy include the following: (i) "The government, as a first step, immediately stop the buildingof an aluminium smelter in La Brea and stop the building of a steel mill and port in Claxton Bay, (ii) Immediately take steps to develop a cluster of industries centered around renewable energy technologies; and to mobilize the national community to find ways to develop industries which generate safe and clean jobs; projects which create wealth, not death and destruction. And that these plans should be developed through a participatory process".

Eco-cide and Destruction of valuable water resources in Northern Range (Cumaca) continuing with pace

This is what you have to thank Penelope Beckles, Elenor Dick-Forde Gaynor, Conrad Enil and Patrick Manning for. So hungry are they for quarry aggregate - they only see economic values - that they do not see the long term social-environmental costs. This is proof T&T is on anti-sustainable development path.
They are cutting the mountains down and filling the rivers. Gone are the fish. Gone is the usefulness of the water. They say 'no worries', they will build desalination plants - oh dear God - may Trinis rise and end this wicked and destructive rule.
Our children will rue these days.
(pictures taken June 2009 by Fishermen and Friends of the Sea).

Hypocrite!!!!!...My god how did we get like this?

This is a picture which appeared in a report by the Guardian Newspaper, dated 1st November, 2009, of WITCO Executive Director, Sheldon Taitt, Arima MP Penelope Beckles and Asa Wright Nature Centre's Chairman Carol James, together in a symbolic tree planting at the Centre on 23rd October.

I almost fell over when I read the story...Carol apparently said "stop the rape of the Northern Range to feed the construction sector"...and Penelope replied "lambasting indiscriminate quarrying". Oh please, "hold meh"...This is the same Penelope Beckles who DEREGULATED THE QUARRYING SECTOR IN 2007..."hold meh"..."stop please". It was Penelope when she was Minister of Housing, Planning and Environment who introduced the ORDER in parliament which removed quarrying from the EMA's list of 'Designated Activities' which legally required environmental accountability in the quarrying sector. Now there is no law. Quarry Operators can now do as they please lick up everything....Penelope you must feel that people real real real stupid. But I assure you, we are not as stupid as you are a hypocrite.

Outside entrance to Union Industrial Estate

Alutrint put up scores of banners throughout La Brea 'thanking La Brea for "welcoming" Alutrint into their community.

In the second picture Alutrint's Family Day banner invites the public to "Hear what is really going on in La Brea from Real La Brea residents".

Anti-smelter communities of Sobo, Vessigny, Vance River and Union Villages responded with "Cancer Zone". Some 4,100 persons live in these Villages which are within 2km of Union Industrial Estate. Residents of these Villages formed La Brea Concerned Citizens United. They are the ones targeted for for cancer testing

Union 'No Smelter' Team competing at Alutrint's Family Day on 26th September, 2009.

Six Teams registered to play. Three teams wore 'No Smelter' T-Shirts. These were teams from Union, Square Deal and Sobo Villages. Alutrint Officials made them turn their T-Shirts in-side out to hide 'no smelter'. Officials then made the anti-smelter Village Teams play against each other. Union made it to the semi -finals but got "tief out" by being forced into a 'sudden death' penalty kick out against a team they had already beaten, according to players. Alutrint's cameras stayed away. This is one of the few shots taken of the small goal fracas which took place on the 'Family Day'

Update on Smelta Wars 18th September, 2009

Local Newspapers reported that on September 11th, workers on the controversial 760 MW power plant (Trinidad Generation Unlimited) being built on Union Industrial Estate to supply power to the equally controversial Alutrint smelter were locked out by management. The power plant is being built by E Pihl & Sons, (pihl) a Danish company. The job was subcontracted to them by MAN FERROSTAAL (MF), a German Company. MF's majority shareholder is the Government of Abu Dabai.

Locked out workers have pitched two tents outside the entrance to Union Industrial Estate. On the other side of the road is the anti-smelter camp. Earlier in the week, pihl warned workers against illegal industrial action. Workers are demanding better working conditions - including health and safety. According to one worker "within the past two weeks, four people have suffered injuries on the job. The company is saying that what we are doing is illegal, but as long as it is over health and safety issues, we are within our rights to strike,"

There is also concern over National Insurance deductions on their payslips. "We are supposed to be paying $134 a fortnight, but we are paying up to $400 a fortnight,". Workers are also claiming that they are not being paid properly for overtime.

Pihl had warned workers against illegal industrial action, stating that any breach of contract would "result in dismissal". One worker claimed "the project manager said he does not have to listen to our problems". Newspapers reported that pihl's Project Manager, Hansen, could not be reached by the press for comment.

Chinese workers on the adjacent Alutrint smelter were supposed to have downed tools since the June 16th Judgment when the High Court "quashed" Alutrint's Certificate of Environmental Clearance (CEC) issued by the Environmental Management Authority (EMA). Chinese workers have expressed frustration to local anti-smelter protestors camped out side.

Over this last week Alutrint has spent a fortune in 'Public-State' funds on public relations, seeking to convince the national population that their smelter poses no health risks (they remain mum on its economic viability). Harriet May-Phillips, (of 'SENES' a Canadian based consulting firm) and author of the very controversial Human Health and Ecological Risk Assessment (HEERA) which formed part of Alutrint's CEC submissions has been on the radio (several stations) every day this week. Alutrint is planning a big fete in La Brea this weekend for the 'community' where rum will flow, noise will make, flags will wave and no doubt many a young man will stumble home in a drunken stupor.

For the record, the EMA hired Jaques Whitford (a consulting firm also from Canada) to perform a supposedly 'independent' review of the HEERA prepared by SENES. Had the EMA bothered to look, they would have found that SENES and JW have a history of close collaboration with each other.

Concerned citizens of Trinidad and Tobago do not accept that JW can with impartiality and neutrality, professionally review the work of of SENES. The internet makes for interesting reading on a paper mill in Canada where these two companies were involved in reviewing each others work.

In any event, the EMA remains at fault for fragmenting and "staggering" the CECs for the smelter, power plant and port facilities. These are essential components of Alutrint's Smelter Complex. An integrated Environmental Impact Assessment should have been carried out for this infrastructure. We the People of Trinidad & Tobago are left with the vexing situation of a 'quashed smelter', a 'striking power plant' and a port still under construction. What a mess! Undeterred however, the 'State' continues to say 'smelta coming'. We are on-the-ground 'playing for change'.

A Release from the other Side (published in T&T Guardian 17th September, 2009)

Alutrint official: "Aluminium smelters no cause of cancer"
by Dixie Ann Dixon

Acting chief executive officer of Alutrint Phillip Julien says it is a myth that aluminium smelters can cause cancer. Julien made the statement at the launch of the brochure entitled the Aluminium Industry in T&T, at the Hyatt Regency Hotel in Port-of-Spain, yesterday.

“The issue of human health in regards to aluminium smelter all around the world has never been an issue...The greatest myth out there is the issue of cancer,” he said. He added that there had never been any reported cases of incidences of cancer.

Julien noted that the recent report of cancer and other health issues arising from a smelter plant in China was due to lead smelting and not aluminium smelting. He said the whole issue of cancer arose in certain areas of the workplace (aluminium plant) like working very closely with the anode—(part of the process in making the aluminium). Julien said the anodes were made of pitch and the pitch gave off something called polycyclic aromatic hydrocarbons, which was a potential cancer-causing agent.

Aluminium ProductsAluminium is a silvery-white, supple lightweight metal with appearances ranging from silvery to dull grey. It is a non-magnetic, non-sparking and is easily recognised by the symbol Al.The chief source of aluminium is bauxite ore which is processed by aluminium refineries into alumina. Some products made from aluminium include cellphones, aircraft, pots, roofs, CDs, power lines, cars, wheels, the lining of milk cartons and foil.

Phillip Julien is CEO of Alutrint.

10th July, 2009, the day Manning came to turn sod at Alutrint's Power Plant on Union Industrial Estate

Alutrint's self-imagery - an illusion, virtual reality, possible in cyber space

Computer imagery found on Alutrint's non-functioning website is alien to the on-the-ground truth of destruction. The virtual river is supposed to represent what was once Vessigny River (see below aerial photo). After clearing almost 1000 acres of topsoil nothing could be grown. The "Buffer Zone Management Plant" failed because the trees planted by Eden Shand's 'Tropical Re-Leaf Foundation' had nothing to grow in.

Alutrint's 40% Joint Venture Partner is a Paper Company

Renda Butler

Sural (Barbados) Limited was incorporated by Barbados Attorney Stephen A. Lashley on 16th August, 2006 (Company No. 27588) as an "International Business" under the International Business Companies Act, 1991-24".

The address provided for Sural (Barbados) is that of the registering Attorney, "Sherwood", Strathclyde Crescent, St. Michael, Barbados. There are two appointed Directors with the following 'residential' addresses: Alfredo Riviere Villamizar, President Grupo Sural CA of Calle el Lindero, Cerro Verde, Caracas, Venezuela and Renda Butler of Loefling Plaza, Apartment 15B, Puerto Ordaz, Venezuela.

On the day that Alutrint received a Certificate of Environmental Clearance (CEC) from the Environmental Management Authority (2nd April, 2007) Renda Butler was the CEO of Alutrint. [Alutrint's current CEO (acting) is Phillip Julien, son of T&T's "energy czar" Ken Julien].

It was Butler's letter dated 28th March, 2007, to the EMA, which had attempted to address stakeholder concerns over 'cumulative impacts' of the port, power plant and smelter complex. A month earlier, on February 27th 2007, in an interview with Trinidad Express, Butler had claimed "that the company has been in the forefront of raising the bar in environmental and social stewardship for new industrialization".

It was the EMA's acceptance of Butler's "raised bar" and failure to take a "hard look" at the cumulative impacts of the port, power plant and smelter complex on human and environmental health, which led Justice Dean Amorer to rule that their decision to award a CEC to Alutrint was "procedurally irregular, irrational and made without regard to relevant consideration".