APPROVED AT THE FIRST INTERNATIONAL MEETING
OF PEOPLE AFFECTED BY DAMS
CURITIBA, BRAZIL
We, the people from 20 countries gathered in Curitiba, Brazil, representing organizations of dam-affected people and of opponents of destructive dams, have shared our experiences of the losses we have suffered and the threats we face because of dams. Although our experiences reflect our diverse cultural, social, political and environmental realities, our struggles are one.
Our struggles are one because everywhere dams force people from their homes, submerge fertile farmlands, forests and sacred places, destroy fisheries and supplies of clean water, and cause the social and cultural disintegration and economic impoverishment of our communities.
Our struggles are one because everywhere there is a wide gulf between the economic and social benefits promised by dam builders and the reality of what has happened after dam construction. Dams have almost always cost more than was projected, even before including environmental and social costs. Dams have produced less electricity and irrigated less land than was promised. They have made floods even more destructive. Dams have benefited large landholders, agribusiness corporations and speculators. They have dispossessed small farmers; rural workers; fishers; tribal, indigenous and traditional communities.
Our struggles are one because we are fighting against similar powerful interests, the same international lenders, the same multilateral and bilateral aid and credit agencies, the same dam construction and equipment companies, the same engineering and environmental consultants, and the same corporations involved in heavily subsidized energy-intensive industries.
Our struggles are one because everywhere the people who suffer most from dams are excluded from decision-making. Decisions are instead taken by technocrats, politicians and business elites who increase their own power and wealth through building dams.
Our common struggles convince us that it is both necessary and possible to bring an end to the era of destructive dams. It is also both necessary and possible to implement alternative ways of providing energy and managing our freshwaters which are equitable, sustainable and effective.
For this to happen, we demand genuine democracy which includes public participation and transparency in the development and implementation of energy and water policies, along with the decentralization of political power and empowerment of local communities. We must reduce inequality through measures including equitable access to land. We also insist on the inalienable rights of communities to control and manage their water, land, forests and other resources and the right of every person to a healthy environment.
We must advance to a society where human beings and nature are no longer reduced to the logic of the market where the only value is that of commodities and the only goal profits. We must advance to a society which respects diversity, and which is based on equitable and just relations between people, regions and nations.
Our shared experiences have led us to agree the following:
1) We recognize and endorse the principles of the 1992 'NGO and Social Movements Declaration of Rio de Janeiro' and the 1994 'Manibeli Declaration' on World Bank funding of large dams.
2) We will oppose the construction of any dam which has not been approved by the affected people after an informed and participative decision-making process.
3) We demand that governments, international agencies and investors
implement an immediate moratorium on the building of large dams until:
a. There is a halt to all forms of violence and intimidation
against people
affected by dams and organizations opposing dams.
b. Reparations, including the provision of adequate land, housing and
social infrastructure, be negotiated with the millions of people whose
livelihoods have already suffered because of dams.
c. Actions are taken to restore environments damaged by dams - even when
this requires the removal of the dams.
d. Territorial rights of indigenous, tribal, semi-tribal and traditional
populations affected by dams are fully respected through providing them
with territories which allow them to regain their previous cultural and
economic conditions - this again may require the removal of the dams.
e. An international independent commission is established to conduct a
comprehensive review of all large dams financed or otherwise supported by
international aid and credit agencies, and its policy conclusions
implemented. The establishment and procedures of the review must be subject
to the approval and monitoring of representatives of the international
movement of people affected by dams.
f. Each national and regional agency which has financed or otherwise
supported the building of large dams have commissioned independent
comprehensive reviews of each large dam project they have funded and
implemented the policy conclusions of the reviews. The reviews must be
carried out with the participation of representatives of the affected
people's organizations.
g. Policies on energy and freshwater are implemented which encourage the
use of sustainable and appropriate technologies and management practices,
using the contributions of both modern science and traditional knowledge.
These policies need also to discourage waste and overconsumption and
guarantee equitable access to these basic needs.
4) The process of privatization which is being imposed on countries in many parts of the world by multilateral institutions is increasing social, economic and political exclusion and injustice. We do not accept the claims that this process is a solution to corruption, inefficiency and other problems in the power and water sectors where these are under the control of the state. Our priority is democratic and effective public control and regulation of entities which provide electricity and water in a way which guarantees the needs and desires of people.
5) Over the years, we have shown our growing power. We have occupied dam sites and offices, marched in our villages and cities, refused to leave our lands even though we have faced intimidation, violence and drowning. We have unmasked the corruption, lies and false promises of the dam industry. Nationally and internationally we have worked in solidarity with others fighting against destructive development projects, and together with those fighting for human rights, social justice, and an end to environmental destruction.
We are strong, diverse and united and our cause is just. We have stopped destructive dams and have forced dam builders to respect our rights. We have stopped dams in the past, and we will stop more in the future.
We commit ourselves to intensifying the fight against destructive dams. From the villages of India, Brazil and Lesotho to the boardrooms of Washington, Tokyo and London, we will force dam builders to accept our demands.
To reinforce our movement we will build and strengthen regional and international networks. To symbolise our growing unity, we declare that 14 March, the Brazilian Day of Struggles Against Dams, will from now on become the International Day of Action Against Dams and for Rivers, Water, and Life.
Aguas para a vida, não para a morte!
¡Aguas para la vida, no para la muerte!
Water for life, not for death!
french version, translated by Marie Arnould (ERN, European Rivers Network)
Affirmant les Droits à la Vie et aux Moyens d’Existence des Personnes affectées par les Barrages
Approuvée à la Première Conférence des Personnes affectées par les Barrages
Curitiba, Brésil
14 mars 1997
Nous, hommes et femmes de 20 pays réunis à Curitiba au Brésil, représentants des populations affectées par les barrages ainsi que des associations d’opposants à ces projets destructeurs, avons partagé nos expériences liées aux pertes et aux menaces que nous font subir ces aménagements. Bien que nos expériences reflètent nos différences en matière de culture, de société, de politique ou d’environnement, nos combats ne font qu’un.
Nos combats ne font qu’un parce que, partout, les barrages forcent les gens à quitter leurs maisons, submergent des terres agricoles fertiles, des forêts et des lieux sacrés, détruisent les pêcheries et la ressource en eau potable, et sont la cause de la désintégration sociale et culturelle et de l’appauvrissement économique de nos communautés.
Nos combats ne font qu’un parce que, partout, un immense fossé existe entre les avantages économiques et sociaux promis par les promoteurs et la réalité de ce qui se passe après la construction des ouvrages. Les barrages coûtent presque toujours plus que prévu, même sans inclure leurs coûts environnementaux et sociaux. Ils produisent moins d’électricité et irriguent moins que promis. Ils rendent les crues plus dévastatrices. Ils profitent aux grands propriétaires terriens, aux corporations agro-alimentaires et aux spéculateurs tandis qu’ils dépossèdent les petits agriculteurs, ouvriers agricoles, pêcheurs, communautés tribales, indigènes et traditionnelles de leurs biens.
Nos combats ne font qu’un parce que nous luttons contre les mêmes puissants intérêts, les mêmes investisseurs internationaux, les mêmes agences d’aide et de crédit multilatérales et bilatérales, les mêmes compagnies qui construisent et équipent les barrages, les mêmes consultants en ingénierie et en environnement, et les mêmes corporations qui profitent d’industries à forte consommation d’énergie et largement subventionnées.
Nos combats ne font qu’un parce que, partout, les gens qui souffrent le plus des barrages sont exclus du processus de décision. Les décisions sont prises à leur place par des technocrates, des politiciens et des élites économiques qui accroissent leur propre pouvoir et richesse en construisant ces ouvrages.
Nos combats communs nous ont convaincus qu’il est à la fois nécessaire et possible d’en finir avec l’ère de ces barrages destructeurs. Il est également nécessaire et possible de mettre en place des moyens alternatifs de production d’énergie et des modes de gestion de l’eau qui soient équitables, durables et efficaces.
Pour cela, nous demandons une authentique démocratie dans la mise en place des politiques de l’eau et de l’énergie, qui soit fondée sur la participation publique et la transparence, ainsi que la décentralisation du pouvoir politique de façon à ce que les communautés locales puissent s’approprier les décisions. Nous devons réduire les inégalités par des mesures qui comprennent notamment un accès équitable aux terres. Nous insistons également sur les droits inaliénables des communautés au contrôle et à l’utilisation de leur eau, terres, forêts et autres ressources, et le droit de chacun à un environnement de qualité.
Nous devons avancer vers une société dans laquelle les êtres humains et la nature ne soient plus réduits à la logique du marché dont la seule valeur est celle des biens matériels et le seul but, le profit. Nous devons avancer vers une société qui respecte la diversité, et qui soit fondée sur des relations équitables et justes entre les personnes, les régions et les nations.
Nos expériences communes nous ont menés à souscrire aux points suivants:
1) Nous reconnaissons et approuvons les principes de la « Déclaration des ONG et Mouvements Sociaux de Rio de Janeiro » de 1992 et de la « Déclaration de Manibeli » de 1994 sur le financement des grands barrages par la Banque Mondiale.
2) Nous nous opposerons à la construction de tout barrage qui n’a pas été approuvé par les personnes affectées au terme d’un processus de décision qui les informe et les implique réellement.
3) Nous demandons que les gouvernements, agences internationales et investisseurs décident un moratoire immédiat sur la construction des grands barrages jusqu’à :
a. L’arrêt de toutes formes de violence et d’intimidation contre les personnes affectées par les barrages et les organisations opposées aux projets.
b. La négociation de mesures compensatoires, comprenant notamment des terres arables, des logements et des infrastructures sociales, pour les millions de gens dont les moyens d’existence ont été détruits par les barrages.
c. La restauration des milieux naturels détruits par les barrages - même lorsque cela nécessite le démantèlement des ouvrages.
d. Le plein respect des droits territoriaux des populations indigènes, tribales, semi-tribales et traditionnelles affectées par les barrages. Ceci implique notamment des terres de compensation qui permettent à ces communautés de recouvrer leur niveau de vie économique antérieur et de préserver leur culture - ceci peut également nécessiter la destruction de barrages.
e. La création d’une commission internationale indépendante chargée de conduire un examen complet de tous les grands barrages financés ou soutenus de quelque autre façon par l’aide internationale et les agences de crédit, et la mise en application de ses conclusions. Les procédures de l’examen doivent être soumises à l’approbation et au suivi par des représentants du mouvement international des personnes affectées par les barrages.
f. La réalisation par chaque agence nationale ou régionale qui a financé ou soutenu de quelque autre façon la construction de grands barrages d’un examen complet et indépendant de chaque grand barrage qu’elle a financé ainsi que la mise en application des conclusions de l’examen. Ces examens doivent être menés avec la participation de représentants des organisations de personnes affectées.
g. La mise en place de politiques de l’énergie et de l’eau qui encouragent l’utilisation de technologies et de pratiques de gestion durables et appropriées à chaque cas, fondées sur les contributions à la fois de la science moderne et des connaissances ancestrales. Ces politiques doivent également décourager le gaspillage et la surconsommation et couvrir équitablement les besoins de base.
4) Le processus de privatisation qui est en train d’être imposé à des pays dans de nombreuses régions du monde par les institutions multilatérales accroît l’exclusion et l’injustice sociales, économiques et politiques. Nous n’acceptons pas l’affirmation selon laquelle ce processus est une solution à la corruption, à l’inefficacité et aux autres problèmes des secteurs de l’énergie et de la gestion de l’eau lorsqu’ils sont contrôlés par l’Etat. Notre priorité est le contrôle public, démocratique et effectif, des organismes qui fournissent l’électricité et l’eau de façon à ce que soient garantis les besoins et les désirs des populations.
5) Au fil des ans, nous avons montré notre force croissante. Nous avons occupé des sites de barrages et des bureaux, manifesté dans nos villages et cités, refusé de quitter notre terre même lorsque nous étions confrontés à l’intimidation, la violence ou la noyade. Nous avons démasqué la corruption, les mensonges et fausses promesses de l’industrie des barrages. Au niveau national et international, nous avons travaillé de concert avec ceux qui luttaient contre des projets de développement destructeurs, et de concert avec ceux qui luttent pour les droits de l’homme, la justice sociale et contre la destruction de l’environnement.
Nous sommes forts, divers et unis et notre cause est juste. Nous avons stoppé des projets de barrages destructeurs et avons forcé les constructeurs de barrages à respecter nos droits. Nous avons stoppé des projets de barrages dans le passé, et nous en stopperons d’autres dans le futur.
Nous nous sommes engagés à intensifier la lutte contre les barrages destructeurs. Depuis les villages d’Inde, du Brésil et du Lesotho jusqu’aux salles de conseil de Washington, Tokyo et Londres, nous forcerons les constructeurs de barrages à accepter nos exigences.
Pour renforcer notre mouvement, nous allons créer et renforcer des réseaux régionaux et internationaux. Pour symboliser notre unité, nous déclarons que le 14 mars, la Journée des Luttes contre les Barrages au Brésil, sera désormais la Journée Internationale d’Action contre les Barrages et pour les Rivières, l’Eau et la Vie.
Aguas para a vida, nao para a morte !
Agas para la vida, no para la muerte !
Water for life, not for death !
L’eau pour la vie et non pas pour la mort !
For more information
* Roberto A EPPLE or Marie Arnould, ERN-European Rivers Network by e mail !
tel +33 471020814 fax +33 471026099
* Adrian Gurza or Sandra Ines Gomes, MAB, Sao Paulo:
tel/fax +55.11.256.0839
* Glenn Switkes, International Rivers Network (IRN), Latin America office,
Brazil:
tel/fax +55.65.627.1689 (email: glen@nutecnet.com.br)
* Patrick McCully or Aleta Brown, IRN:
tel: +1.510.848.1155 or fax: +1.510.848.1008 (email: patrick@irn.org)
* Adrian Gurza or Sandra Ines Gomes, MAB, Sao Paulo:
tel/fax +55.11.256.0839
* Glenn Switkes, International Rivers Network (IRN), Latin America office,
Brazil:
tel/fax +55.65.627.1689 (email: glen@nutecnet.com.br)
* Patrick McCully or Aleta Brown, IRN:
tel: +1.510.848.1155 or fax: +1.510.848.1008 (email: patrick@irn.org)
March 3 to 7 | Presentation of the Hungarian (environmentalist) position |
March 24 to 28 | Presentation of the Slovak (construction lobby) position |
April 1 to 4 | Unprecedented visit by all ICJ judges to the "island region" of Szigetkoz (where there are no islands left, where swimming in the Danube, which is like an open sewer, sends the swimmer to the hospital and where the drinking water of the villages is delivered by trucks.) |
April 11 and 12 | Hungarian response to Slovak position |
April 13 and 14 | Slovak response to Hungarian position |
September-October | Judgement |
From: Liptakbela@aol.com
Date: Fri, 11 Apr 1997 15:38:47 -0400 (EDT)
To: Liptakbela@aol.com
Subject: The Last two days of the Danube Lawsuit in the Hague (April 10-11)
Dear Colleagues,
I would like to thank those of you who wrote letters to President Clinton,
Vice-president Gore or Secretary Albright, because it seems that we have
finally gained the attention of Washington. At least, today, I was
interviewed today by the Voice of America (VOA) about these letters and about
our desire that the USA help enforce the ruling of the International Court of
Justice in the fall (which can be nothing else but an order the return of the
Danube into its riverbed.)
The VOA is also scheduling a 60 minute call-in program for the 8th of May,
during which I will answer any questions that the radio receives from
anywhere in the world. (VOA pays for the calls and the program is live.) Let
us make this program an international testimonial in favor of a new world
order in which national governments are no longer free to destroy the natural
treasures of the planet, a world order in which the international community
has the legal means at its disposal to defend the ecosystems of the planet.
The attached are the notes of the last two days (10th and 11th od April) of
the case in The Hague:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Hungary gave its first day of oral presentations in Reply to Slovakia’s legal
arguments presented from 24 to 27 March.
Professor James Crawford, Professor of International Law at the University
of Cambridge, opened Hungary’s presentation. He began by answering some of
the questions posed by the Judges during the last round and during the site
visit, and identifying the key legal issues over which the parties disagreed.
He pointed to the numerous Slovak silences on legal and factual matters, and
summarized the history of the case so far. In concluding he said that "the
Court has itself the vocation to act in a precautionary mode", that Hungary
had legitimate concerns, and that the Court should declare the 1977 Treaty
to be no longer in force.
Professor Alexandre Kiss, Director of Research, Centre National de la
Recherche Scientifique, responded to Slovakia’s argument that the Court
should only give narrow answers to the three questions put to the Court. He
gave a detailed analysis to the Court of the Special Agreement between the
Parties which sent the case to the International Court. He argued that the
Court had a duty to give a judgment that would provide a basis for a
long-term solution to the dispute over the Project, looking to the future as
Hungary wanted, and not just the past as Slovakia wished.
Ms Katherine Gorove, consulting Attorney and former Professor at the Central
European University, challenged the Slovak arguments on the Studies related
to the Original Project, as well as expressing concerns over its viability.
She pointed out that Slovakia had quoted selectively from scientific reports,
and had failed to open and read texts which it had three weeks ago held up in
front of the Court.
She said that the Project had not been properly studied before 1977, and
that although there may have been some knowledge about the possible adverse
impacts there was no understanding about the extent of those impacts. She
said that Hungary had acted reasonably in 1989 on the basis of new studies
which pointed to real concerns, and added that contrary to the Slovak view
the project did not bring real benefits for flood control and navigation/
Dr Klaus Kern, consulting Engineer, returned to the subject of the Original
Project’s likely impacts. He challenged the Slovak version of the science,
pointing out its numerous inaccuracies and the contradictions between the
views of Professor Mucha, a scientist on the Slovak side, expressed three
weeks ago and his previous writings in which he had expressed concerns about
the Original Project and its impact on water and nature
Mr Philippe Sands, Reader in International Law at the University of London
and Visiting Professor at New York University provided a detailed rebuttal to
Slovak arguments on environmental law, on the history of decisions and
negotiations between 1989 and 1992, and Hungary’s right to suspend work on
Nagymaros and terminate the 1977 Treaty on the grounds of environmental
necessity. As to Slovakia’s commitment to the environment, Mr Sands said that
Slovak Counsel had "made not a single mention of any one of the environmental
treaties" to which the Slovak Agent, Dr Tomka, had expressed his support. He
also described the Slovak approach as being "to ignore arguments we have
made, but address those we have not made".
Professor Boldizsar Nagy, Associate Professor at the ELTE University,
Budapest pointed out that contrary to what Slovakia had claimed, Variant C
was neither temporary nor reversible. He also underlined the failure of
Slovakia to provide any justification for the construction done after 1992,
referred to as Phase II of Variant C.
Professor Howard Wheater of Imperial College, University of London,
concluded the day’s presentation by describing the Impacts of variant C on
water and biodiversity. He said that the PHARE Report of which Slovakia had
made so much in fact contained much evidence which supported Hungary’s
environmental concerns in 1989, 1992 and today.
The second and final day of Hungary’s Reply presentation will take place
tomorrow, Friday 11 April 1997 at the Court.
Professor Howard Wheater continued his presentation today (Friday, 11th of
April) on the impacts of Variant C. He provided a detailed exposition as to
the various ways in which the PHARE report essentially supported the
Hungarian arguments, whilst noting nevertheless some serious concerns that
have arisen as to the methodology of underlying assumptions which had
supported the PHARE project. He cited two independently refereed studies
which supported Hungary's view that whilst the PHARE report provided a
helpful first step, it clearly required considerably more work. In
particular, it could not be used as a basis for predictions as to the future
impacts of Variant C.
Professor Pierre-Marie Dupuy returned to the theme of the timing and
illegality of Variant C. As to timing, he repeated Hungary's assertion that
all the evidence pointed to a decision having been taken by Slovak
authorities in January 1991 to proceed with Variant C. This contrasted with
Slovakia's claim that no decision was taken until July 1991. He was
especially pleased to refer the Court to the passage in a book distributed by
the Slovak Government during last week's site visit which expressly stated
that the decision had been taken by Slovakia on 17 January 1991. He restated
Hungary's arguments as to the Illegality of Variant C under bilateral
regional and general international law. He concluded that Slovakia's
justification as to Variant C on the theory of "approximate application" had
no basis in international law and was entirely without foundation.
Professor Laszlo Valki addressed the issue of Slovakia's claim that Hungary
could not have lawfully terminated the Treaty because it had not formally
invoked Article 27 of the Treaty which provided for the settlement of
disputes. He said that the Slovak arguments were without foundation, since
(1) Czechoslovakia and Hungary had in practice relied on the dispute
settlement mechanisms provided by Article 27; (2) Article 27 did not
establish an exhaustive or exclusive set of procedures; and (3) in any event,
the use of Article 27 would have made no difference in practice. Quoting hisBritish colleagues, he said that this Slovak argument was a "red herring".
Professor James Crawford returned to the subject of the status of the 1977
Treaty. He repeated Hungary's arguments as to why the Treaty had never been
enforced between Hungary and Czechoslovakia. First, both Czechoslovakia and
Hungary had, by their actions, repudiated the Treaty by mid-1992. Second,
Hungary had lawfully terminated the 1977 Treaty in May 1992, invoking, inter
alia, Czechoslovakia's material breach through the construction of Variant C,
fundamental change in environmental, economic, and political circumstances,
and that in any event Slovakia had not succeeded to the Treaty.
Professor Dupuy returned to the theme of the legal situation for the Parties
arising from the fact that the 1977 Treaty was not in force between them. he
addressed the questions of Slovakia's responsibility to provide reparations
and identified the legal instruments which governed the continuing relations
between the Parties over Variant C.
Professor Roland Carbiener gave a short speech in which he indicated the
principles of sustainable development which should govern the Court's
determination of future arrangements. He said that the Court must look to
the future and not to the past, as Slovakia continued to insist, and that
inspiration for the Court could be drawn from the 1994 Convention on
Sustainable Development for the Danube - the Sofia Convention.
Dr. György Szenasi, the Hungarian Agent, concluded Hungary's presentation.
He considered that the Court had an important role to play in assisting the
Parties to reach an appropriate solution. Although the Court should not at
this stage lay down a precise regime for the future, it should set out the
applicable principles.
He said (1) that Hungary was entitled to suspend and
subsequently abandon work on Nagymaros and Gabèíkovo;
(2) the Czech and
Slovak Federal Republic was not entitled to proceed to the provisional
solution of Variant C; and
(3) that Hungary had lawfully terminated the 1977
Treaty. he specifically asked the Court to declare
(1) that the 1977 Treaty
had never been in force between Hungary and Slovakia;
(2) that Slovakia was
responsible to Hungary for the operation of Variant C;
(3) that Slovakia was
internationally responsible for the damage and loss suffered by Hungary and
its nationals because of Variant C;
(4) that Slovakia had to repair such
damage;
(5) that Slovakia is under the following obligations: (a) to return
the waters to the Danube; (b) to restore the Danube to its original
situation; and (c) to provide guarantees against repetition of the damage to
Hungary and its nationals. He reminded the Court that under the Special
Agreement, either Party could return to the Court within six months of its
judgment if no final agreement had been reached.
From: Liptakbela@aol.com
Date: Tue, 1 Apr 1997 15:38:30 -0500 (EST)
To: Liptakbela@aol.com
Subject: Danube Lawsuit Report
Dear Colleagues,
I have just returned from the International Court of Justice (ICJ) in The
Hague where I spent the last week, listening to the arguments of the Slovak
Government in the Danube lawsuit. Slovakia supports the position of the
construction lobby, denies that the up to 10 feet drop in groundwater levels
has caused environmental damage, that the blocking of the Danube has
converted the river into a health hazard and an open sewer, and also denies
that the drinking water supplies of the region have been harmed. They argue
that Hungary had no right to pull out of the joint construction contract
(citing environmental concerns) and Slovakia was justified in unilaterally
rerouting the Danube onto her own territory.
Being the editor of the Environmental Engineers' Handbook, I was admitted to
the press table in the court and later in the week (on Wednesday) I was able
to also hold a press conference: I described the proposed Compromise Plan and
outlined the position of the coalition of the nine NGOs, who's position paper
was accepted by the Court as a "Memorial from the friends of the court." The
nine members of the NGO coalition are:
Greenpeace (Slovakia),
Human Rights Advocates (USA),
International Rivers Network (USA),
Natural Heritage Institute (USA),
REFLEX (Hungary),
Sierra Club Legal Defense Fund (USA),
Slovak Rivers Network (Slovakia),
SZOPK (Slovakia),
WWF (Switzerland).
Throughout the week, picketing continued in front of the court. The
demonstrators' banner read: "Save the Blue Danube" and listed the names of
the organizations in the NGO coalition. The newsreports from The Hague
emphasized that this lawsuit sets a precedent not only because this is the
first international environmental lawsuit, but also because this is the first
time that the ICJ received and accepted Memorials not only from the two
national governments, but also from representatives of mankind: the NGO
Coalition. The Court has established yet an other precedent this week, when
the judges visited the Danube region in order to personally inspect the
environmental damage.
There is little doubt in my mind that the Court will rule (in the fall), that
Slovakia must return the Danube into its natural riverbed. Unfortunately, it
is also likely, that Slovakia will not obey the ruling and pressure from the
international community will be required to force her to do so. This will
require action by the leaders of the UN, Europe and the USA.. The attached
letters have been prepared to serve that purpose. If you agree with them,
please mail these or similar letters in the name of your organization.
Sincerely yours,
prof. Bela Liptak
From: Liptakbela@aol.com
Date: Tue, 18 Mar 1997 17:39:28 -0500 (EST)
Subject: Press Conference in the Hague-E
Content-ID: <0_15103_858724650@emout17.mail.aol.com.7470>
Content-type: text/plain
Dear Colleagues,
Please find attached an invitation to our press conference in The Hague. In
the attachment, you will find this same invitation, provided with the artwork
logo. If you have contacts to the press/media, please do send on this
material.
Best regards: Bela Liptak
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
PRESS CONFERENCE
THE TOPIC: The Danube lawsuit is in progress, the governments involved have
spoken. But mankind too has an interest in the outcome! At this press
conference, a voice of this third party will be heard. It will be argued
that this, the first international environmental lawsuit before the
International Court of Justice, should set a precedent. It should rule that
the millennia old Danube wetlands do not belong to any government, but are
the common treasure of mankind and so should be protected.
HIGHLIGHTS: 1) The Memorial submitted by the coalition of nine NGOs
(Greenpeace of Slovakia, Human Rights Advocates of USA, International Rivers
network of USA, Natural Heritage Institute of USA, REFLEX of Hungary, Sierra
Club of USA, Slovak Rivers Network of Slovakia, SZOPK of Slovakia and WWF
headquartered in Switzerland)
and accepted by the ICJ on an "amici curias" basis and
2) Compromise Plan offered by the Foundation to Protect the Hungarian
Environment.
FORMAT: The English language press conference will start with a short lecture
during which visual aids will be used. This will be followed by a
question-answer period. A photograph album, containing "before and after"
photographs of Szigetkoz (island region, where today there are no island
left) will also be circulated.
TIME: Wednesday, the 26th of March, starting at 2:30 PM
PLACE: International Press Centre NIEUWSPOORT, Lange Poten 10, Den Haag
Tel: +31.70.364-9440, Fax: +31.70.364-2380
SPEAKER: Bela G. Liptak (USA), editor of the Environmental Engineers'
Handbook and former adjunct professor at Yale University.
FOR MORE INFORMATION: Stichting Hongaarse Federatie in Nederiand, POB 178,
NL-3500 AD Utrecht, Tel:+31.70.358-7248, Fax:+31.70.358-4983 or
+31.70.251-4789
WEB PAGE: Please visit our web-page at: http://www.goodpoint.com/duna.htm
From: Liptakbela@aol.com
Date: Tue, 4 Mar 1997 17:46:30 -0500 (EST)
Subject: Newsrelease: Danube Lawsuit
If you need more detailed information about the lawsuit, refer
to: http://www.goodpoint.com/duna.htp
NEWSRELEASE:
Today, Prince Philip, the honorary president of WWF spoke up for the
protection of the Danube environment.
Janos Vargha, president of Danube Circle has arrived in The Hague
International NGO representatives and their banner reading "Save the Blue
Danube" will arrive in The Hague on Friday.
SECOND DAY IN THE HAGUE
On the second day of the Oral Pleadings before the International Court of
Justice in the
Hague the legal counsel and scientists of the Hungarian party dealt with the
object and purpose of
the Original Project of the Gabcikovo-Nagymaros Barrage System (GNBS), the
risks and
damages occurring in connection with the operation of the barrage system, the
expected benefits
from its operation and with the rules of international law permitting the
suspension and
abandoning of the construction.
At the beginning of the Presentation, Boldizsár Nagy, Professor of the
Eötvös Loránd
University Budapest, demonstrated that the 1977 Treaty had two objectives, a
political and an
economic one: the political objective was to strengthen the ties of
friendship between the two
countries and their integration into COMECON whilst the economic objective
was the
comprehensive utilization of the resources of the Danube. Prof. Nagy
highlighted that the planned
barrage system needed to comply with the evolving rules of international
environmental law, both
during its construction as well as in its operation.
The scientific concerns arising in connection with the Original Project were
presented in
detail by Dr. Klaus Kern consulting engineer, Karlsruhe, and Prof. Howard
Wheater, Professor
of Hydrology at Imperial College, London. They characterised the planned peak
power mode
operation of the Original Project as unprecedented in Europe, and went on to
demonstrate the
expected harm and risks. In his presentation, Prof. Wheater demonstrated the
great threat to the
bank filtered wells of Szentendre Island which supply the drinking water of
Budapest, and he also
demonstrated the effects on the capacity of bank filtered wells upstream of
Nagymaros. Later
Professor Wheater and Dr. Kern showed the wide scale harm which would have
been caused by
the planned diversion of the Danube at Dunakiliti and the consequent impacts
of the deprivation
of free flowing water along a 30 km long section to the surface and ground
water resources of the
Szigetköz region and to the unique and diverse flora and fauna of the only
inland delta in Europe.
Katherine Gorove, former visiting Professor of the Eötvös Loránd University
in Budapest
enumerated the expected benefits of the barrage system and demonstrated that
both in the field of
navigation and flood protection alternative solutions were and presently are
available. She
highlighted the serious threats to the barrage system of high seismic
exposure. As to energy
production, Prof. Gorove called the attention of the Court to the fact that
the energy to be
produced by the barrage system would have covered only a fraction of the two
countries present
needs and that there were numerous possibilities for its substitution by
efficient energy utilization
or import.
Pierre-Marie Dupuy, Professor of International Law at the University
Panthéon-Assis
(Paris II), an experienced advocate before the Court, demonstrated that
Hungary acted legally
when it suspended and subsequently abandoned the works first at Nagymaros,
then at Dunakiliti.
He showed step by step that all the circumstances were given for the
invocation of the
international rules of necessity precluding the charges of wrongfulness.
The Oral Presentation finished at 1 PM and will restart at 10 AM Wednesday
morning.
END
From: Liptakbela@aol.com
Date: Mon, 3 Mar 1997 19:22:55 -0500 (EST)
To: Liptakbela@aol.com
Subject: Newsrelease #3 (1st day of Danube Lawsuit in The Hague)-E
NEWSRELEASE #3: THE FIRST DAY IN THE HAGUE:
OPENING ARGUMENTS IN FIRST ENVIRONMENTAL CASE
Hungary presented opening arguments this morning, the first of five days of submissions in the first
major environmental case to come to the World Court.
Opening the case on behalf of Hungary, Ambassador György Szenasi, Agent of
the Republic of Hungary and Head of the International Law Department at the Ministry of
Foreign Affairs, summarised the background to the case and indicated the structure of
Hungary's submissions over the next five days. He expressed the hope that "the Court would indicate ...
the principles and rules according to which the two countries would in future cooperate on the waters
of the Danube", having described the breaches of law resulting from Czechoslovakia's
unilateral diversion of the Danube in October 1992.
Professor Laszlo Valki, Professor of International Law at Eotvos Lorand University in Budapest,
outlined the history of the dispute between Hungary and Slovakia, including the circumstances of
Czechoslovakia's unilateral diversion in October 1992. He said " In October 1992 Czechoslovakia
unilaterally diverted the Danube ... onto its own territory. Since that time only 10-20% of the flow
has been released into the natural river bed, whilst 80-90% of the water flow runs" into Slovakia
and the Gabcikovo plant, generating electricity.
Professor Alexandre C. Kiss from Strasbourg University summarised for the Court the rules of
international law which it should apply. Apart from the 1977 Treaty between Hungary and
Czechoslovakia relevant treaties included the 1976 Boundary Waters Convention, the 1992
Convention on Biological Diversity signed at the Rio Conference, and the rules of international law
governing the protection of the environment. Professor Kiss reminded the Court of its Advisory
Opinion of July 1996 concerning the legality of the use of nuclear weapons, where it had held that
the obligation of States not to cause damage to the environment of its neighbours was now part of
the corpus of customary international law.
Professor Gabor Vida, Member of the Hungarian Academy of Sciences, introduced
Hungary's
presentations on science. The Court viewed a 20 minute video which explained and graphically
illustrated the damage caused to the Danube by Czechoslovakia's unilateral diversion. Professor
Vida emphasised "the high quality and great quantity of drinking water resources in the affected
area" and explained that "the disruption of the natural dynamics of the river ... seriously threatens
the exceptionally rich, unique and irreplaceable floodplain system".
Professor Roland Carbiener, Professor Emeritus of the University of
Strasbourg described for the Court the destructive impacts of similar dams on other rivers, in particular
the great threat to drinking water supplies and biodiversity. In the context of the very large
costs associated with river restoration on the upper Rhine he noted that impacts may only reveal
themselves over the long term, one or two decades after the unilateral diversion of October 1992. He called
for urgent measures to "reanimate the Danube pulse for the well-being of future inhabitants in
Hungary and Slovakia".
Professor James Crawford, Professor of International Law the University of Cambridge and
Hungary's principal international counsel, concluded the first day'sarguments by summarising the
differences between Hungary and Slovakia and addressing the function of the Court. He said that
the Court "...does have to decide whether there were serious scientific concerns on issues affecting
vital resources, and ... whether Hungary's concerns crossed the appropriate threshold of
seriousness". In the first major environmental dispute to come to the World Court it had to show
that it could "...deal with a complex dispute in a way which assists the parties to cooperate as
distinct from acting unilaterally".
Arguments resume on Tuesday morning at 10 a.m.
END
Date: Sat, 25 Jan 1997 11:02:25 -0500 (EST)
From: Liptakbela@aol.com
Subject: Pre-trial Danube debate (Liska-3)e
Dear Colleagues,
As you might already know, a debate is taking place on the "Water Resorces"
Internet list concerning the Danube. Miroslav Liska, the representative of
the Construction Lobby has presented the Slovak position in Ten(10) points
and I am in the process of refuting them one at a time. Attached are my
arguments against his 3rd point.
If you would like to get the Liska statement, which summarizes the Slovak
position, or if you did not receive my comments on the first two of his
arguments, I will be glad to send them to you.
Please help the environmental NGOs by distributing this information. The
better informed the general public is, the more likely it is that justice
will prevail in The Hague.
Bela Liptak
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Dear Water Resources List Members,
I thank Mr. Istvan Lippai for posting this third installment of my
corrections of the distortions posted by the representative of the Slovak
construction firm, which "stole" Hungary's border river, the Danube" and
built Gabcikovo (Bos), Miroslav Liska.
In his 3rd paragraph, Mr. Liska makes four statements as follows:
3a) He claims that the signing of the Gabcikovo (Bos) construction agreement
was not forced by the Soviet Union.
The fact is that the Soviets wanted a "dependable" harbor, as close to the
NATO "front line" as possible. It was inconvenient for them to transfer
military gear, shipped from the Black Sea, onto trucks at Budapest and since
1956, they also had doubts about the "reliability" of the Hungarians. In
contrast, the Soviet generals trusted the Slovaks, they believed that the
Slovak Government was more loyal and more "oriented towards the East," so
their goal was a reliable and large port at Bratislava, which required the
damming of the river into a lake under the Slovak capital.
The second phase of their plan was to use this artificial lake as the water
supply for the Danube-Morava-Oder Canal, which would have connected the
Soviet military port of Bratislava with the Baltic Sea. The Soviet generals
believed that this plan would solve "the problem of the Carpathians," the
natural protection of Europe from the East, provided by this mountain range.
To say that the Gabcikovo (Bos) project was not forced on the participants by
the Soviets is false. As will be shown in the International Court of Justice,
it was conceived by the Soviet military, the meetings were arranged by the
Soviets and were presided over by the representatives of the Soviet Union.
3b) The spokesman of the Slovak Construction Lobby claims that Gabcikovo
(Bos) was built to solve Slovakia's energy needs. The facts are as follows:
* In 1995, Gabcikovo (Bos) produced 2.64 billion KWH electricity, in the
previous years, even less. While Slovakia has unlawfully appropriated all the
produced energy, legally only half of that belongs to her, as half the water
in the Danube belongs to Hungary. Therefore, the lawful share is 1.3, which
is 2.72% of Slovakia's total electricity consumption. 2-3% does not solve a
nations energy needs.
* If energy was the motivation for the construction, the plant would have
been built in the mountains, not in the plains region, where the elevational
drop is insignificant.
* Prior to building the facility, it was claimed that when Gabcikovo (Bos)
starts up, Slovakia can stop burning polluting coal and will stop the
construction of the Chernobil style nuclear power plant at Muhovice (Mohi).
The falseness of the energy argument is proved by the fact that the coal
plants are still operating and the nuclear plant is nearing completion.
3c) The spokesman of the Slovak Construction Lobby also claims that Gabcikovo
(Bos) "protects against catastrophic floods."
Just the opposite is true: By damming up 2 billion cubic feet of water to an
elevation of ten stories in a seismic region is asking for a catastrophe. In
addition, by keeping the reservoirs full, eliminates the previously existing
safety margin, which the empty flood banks provided for storing the excess
waters.
3d) The spokesman of the Slovak Construction Lobby, Miroslav Liska also
claims that Gabcikovo (Bos) provided an "improvement in navigational
conditions". The facts are as follows:
* Shipping has become slower, less reliable, and more expensive. Fatal
accidents, failures of lock doors, days of waiting are the characteristics of
Gabcikovo (Bos), when shipping is possible. Right now, no ships are moving
at all. Shipping on this section of the Danube river has became impossible,
because only 15% of the yearly average flow is sent into the natural
riverbed. Not even a motor-boat can pass this section of the Danube, because
a newly built dike completely blocks the riverbed.
*Shipping in the artificial canal is also at a standstill, because the
designers (in spite of all their mathematical models) did not anticipate that
water freezes in the winter and therefore, this facility is incapable to
handle ice. It is for this reason, that last year, shipping on the Danube was
stopped for months.
* Because the design intent was for transporting military convoys, the locks
are oversized for normal river traffic. As a result, the ships either have to
wait a long time until others arrive, or have to pay very high fees.
* The Compromise Plan submitted to the International Court of Justice calls
for a redesign, so that ice would not stop shipping and would not pose a
potential catastrophe, in case of a sudden melting of the ice combined with a
wind direction matching that of the canal. This Plan also calls for making
the natural riverbed navigable.
I hope that I am not overstaying my welcome on your list. I suspect, that
what I am writing is much more than what you would want to know about this
monument to Stalinism, but I do not know any other way to refute and
discredit their propaganda, but by stating the facts. So I apologize for
planning to bore you some more in the coming days, but I have no choice, as
Mr. Liska's disjointed ramblings do continue for seven(7) additional
paragraphs and I have no choice but to refute every one of them. You have two
choices: You can delete all this or maybe you can think of this exchange, as
a rehersal of the arguments which will be heard in The Hage, when this, the
first international environmental lawsuit is heard. Would that make it more
interesting?
Bela Liptak
Date: Wed, 15 Jan 1997 14:52:57 -0500 (EST)
From: Liptakbela@aol.com To: Liptakbela@aol.com
Subject: Vladimir Meciar is trying to abort Danube lawsuit in The Hague
Recent news from Bratislava suggests that on January the 13th and 14th, the Prime Pinister of Slovakia, Vladimir Meciar has made a new offer of out-of-court settlement to his Hungarian counterpart: Gyula Horn. The proposal would in effect complete the original 1977 plan, except that the lower dam would be rebuilt a few kilometers to the west of Nagymaros and the C-variant at Cunovo (Dunacsun) would be eliminated. The Hungarian Prime Minister has the following to consider: 1) The Hungarian Constitution requires all governments to protect the integrity of the nation's territory and therefore no Hungarian Government can agree to give away any section of Hungary's border river. 2) The Hungarian Parliament's vote (resolution 93/25) is still in effect and requires the Hungarian Government to follow through with the Hague lawsuit. Before they can legally abort the lawsuit, it is necessary for the Parliament to reverse its previous vote. The Parliament is in recess. 3) The Meciar proposal does not include compensation for the approximately $1 billion value of electricity, which Slovakia obtained from the energy of the jointly owned border river. 4) The proposal does not include the restoration of the Szigetkoz wetlands, nor the protection of the drinkingwater supplies (ground and river waters). 5) The Gabcikovo (Bos) project, this white elephant of stalinist gigantomania (including environmental and water supply costs) has already cost Hungary $6.8 billion, some of which is yet to be paid (to Austria). Even the present composition of the Parliament is not likely to approve an other $1+ billion for a new dam. 6) If the lawsuit in the Hague is carried to its conclusion and the Court approves the NGO proposed Compromise Plan, the ecosystem and the water supplies would be restored and the above costs saved. For the above reasons, it seems, that an out-of-court Meciar-Horn deal would have serious political consequences. Yet it is not unthinkable, because both prime ministers were in favor of the project as Communist functionaries prior to 1989. prof. Bela Liptak
ERRATUM
Date: Sat, 18 Jan 1997 11:56:58 -0500 (EST)
From: Liptakbela@aol.com
Subject: Fwd: Your article in ENVCEE-L
Dear Collegaues, A few days ago I made an error in describing Prime Minister Vladimir Meciar's background. My excuse is that I am a technical person, I have to make a living by teaching and writing, and I try to help in saving the Danube wetlands at night, with very little assistance. I apoligize for the factual errors. The attached letter more accurately describes Mr. Meciar's background than did mine: Best regards: Bela Liptak XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Dear Professor Liptak, I am writing to inform you about factual imprecision in your article published in ENVCEE-L list on Thu, 16 Jan 1997 under subject "Vladimir Meciar is trying to abort Danube lawsuit in Th". In the last paragrpah, you wrote " For the above reasons, it seems, that an out-of-court Meciar-Horn deal " would have serious political consequences. Yet it is not unthinkable, " because both prime ministers were in favor of the project as Communist " functionaries prior to 1989. I don't know where your informations cooroborating such assertion came from, but Vladimir Meciar was prior to 1989 a little entreprise lawyer in Glassworks in Nemsova, where he was busy with writing letters for unpaid invoices and so on. He was a member of Party prior to interna- tionalist help of Soviet (and Hungarian) troops and was sacked togetherwith thousands of other communists in purges 1969-70. Camrad Meciar has attended courses in Moscow when he was in the Socialist Youth Union (Socialisticky zvaz mladeze). His links with obscure circles there were never cleared. His Russophilia today is obvious. With all the respect for your work for the cause of the environment in Central Europe, I am affraid that it's exactly such useless assertions as "in favor of the project as Communist functionaries prior to 1989" can be easily used as basis of an attack on your way of working with facts. Roman Kanala
from Mr Bela LiptakBela Liptak 84 Old N. Stamford Road, Stamford, CT 06905-3961
Tel: 203-357-7614, Fax: 203-325-3922, e-mail: liptakbela@aol.com
The writer is the editor of the Environmental Engineers' Handbook and
president of the Foundation to Protect the Hungarian Environment
---------------------------------------------------------------------------------------------------------
Subject: The Stealing of the Danube
Danube Lawsuit: Statement of Miroslav Liska of Slovakia
(November 26, 1996, London)
In February, 1997, the Danube lawsuit is to get started in The Hague. On one
side will be Hungary, supported by the environmental community of the world,
on the other, Slovakia, supported by some of the construction and banking
interests.
The arguments of the Slovak side were summarized in London, on the 26th of
November, 1996, at the International Water Power and Dam Construction
conference,
which dealt with the financing of hydro power projects. The case
in favor of the so called Gabcikovo Project, was made by Miroslav B. Liska,
an employee of the Water Development Enterprise of Slovakia.
In the following text, quotations from the Liska statement are given in
capital
letters and are followed by my comments, in small case letters.
Miroslav Liska's presentation was titled: "Attempt of NGOs and irresponsible
individuals to influence financing of the Gabcikovo Project." In it, he
attacked
four individuals by name:
Mr. Zinke of the World Wildlife Fund(WWF),
Mr. Williams of The International Rivers Network (IRN),
Mr. Ody of Cousteau Equippe,
and myself, the president of the Foundation to Protect the Hungarian
Environment.
As it is not my place to speak for the other three gentleman, I will only
respond to the statements, which were directed at me.
Here is the first quotation from the "lecture" by Miroslav Liska. He uses the
term HES G-N as the name of the Gabcikovo Hydroelectric dam on the Danube:
MISUSE OF INTERNET IN THE "INTIFADA" AGAINST DAMS:
ONE OF THE MOST ARDENT OPPONENTS OF THE HES G-N IS MR. BELA LIPTAK, A
HUNGARIAN EXILANT, NOW A CITIZEN OF UNITED STATES, BUT HIS NAME DOCUMENTS HIS
SLOVAK ORIGIN, WHAT HE DOES NOT DENY.
True, I am proud that one of my grandfathers was of Slovak origin. On the
other hand, I am not an "exilant", but Hungarian-American, who came to the
United States as a refugee, after the Hungarian Revolution of 1956.
IN 1989 AND LATER, HE LOBBIED FOR ABANDONING THE PROJECT IN HUNGARY
I first learned of this project in 1975 from a member of the Hungarian
Academy of Science. He asked for my help, because he had a copy of my
3-volume, 3,000 page, Environmental Engineers' Handbook, and felt that I
would be in a position to help in their effort against "this white elephant
of Stalinist gigantomania."
of..
PROMISING TO ARRANGE VERY ADVANTAGEOUS LOANS FROM FOREIGN BANKS.
A groundless and silly fabrication for two reasons. First, because I was
opposing the investment altougether. Second, because at the time I was an
adjunct professor at
Yale University and never had anything to do with loans, international or
otherwise.
AND THREATENED, TO BLOCK ANY FOREIGN SUPPORT OF THE COUNTRY, IF HUNGARIAN
AUTHORITIES WOULD "YIELD TO THE SLOVAKS".
This too is a total fabrication. In addition, Miroslav Liska also invented
the quotation marks. I have always worked closely with the Slovak
environmentalists (Jaromir Sibl, Huba Mikulash, etc.) and consider this fight
to be between the construction lobby and the environmentalists of both
nations.
HE WANTED TO PROPOSE ALSO HIS "VERY ADVANTAGEOUS" SOLUTION TO THE SLOVAK
PRESIDENT,
I did prepare a Compromise Plan, and I did present that plan to the staff of
the
President of Slovakia, Michal Kovac, on March 26, 1993.
WHICH CAN BE CHARACTERIZED VERY CONCISELY: "DO WHAT YOU WANT, BUT LEAVE ALL
THE FLOW IN THE OLD DANUBE."
Again, the above quotation is also an invention. The Compromise Plan calls
for returning the island region (Szigetkoz) into its original state and for
sending only the excess waters on to Gabcikovo. While protecting the
environment and the drinkingwater supplies, the plan also provides for
electricity generation, good shipping and for a "European Free Zone" for the
region.
HIS ONLY PROBLEM IS THAT HE IS A LAYMAN IN HYDRAULIC STRUCTURES. IN SPITE OF
THAT, HE TRIED TO BRING THE ISSUE TO BE DISCUSSED IN THE US CONGRESS.
Let me get this: A layman in hydraulic structures can not contact his Senator
or Congressman? And what is wrong with the US Congress trying to protect the
Danubean wetlands, a unique and common treasure of all mankind?
HIS COUNTRY-MATE, PROF. KARADY FROM THE MILWAKEE (sorry for all the spelling
and grammatical errors, which are not mine) UNIVERSITY, CHARACTERIZED HIM IN
HIS 1993 LETTER TO SENATOR DODD:
Interesting! And how does an employee of the Water Development Enterprise of
Slovakia obtain a copy of a letter of this "country-mate" of mine? Do they
possibly work for the same construction firm?
"WITH ABSOLUTELY NO EXPERIENCE IN THE ENVIRONMENTAL IMPACT OF HYDRO
DEVELOPMENT, MR. LIPTAK IS IN NO POSITION TO ASSESS THE PROS AND CONS OF THE
DANUBE PROJECTS."
Apparently, prof. Karady never read my handbook, otherwise he would not write
such a sentence. Fortunately, Senator Christopher Dodd knows by background
and so do Senators D'Amato, Liberman, Congressman Shays and our other
supporters, including the vice-president Albert Gore .
AN OTHER COUNTRY-MATE, ALSO A WORLD WIDE KNOWN EXPERT IN HYDROELECTRIC
DEVELOPMENTS, PROF. E. MOSONYI
Miroslav Liska forgets to mention one thing about this "country-mate" of
mine: He happens to be the designer of the Gabcikovo project.
PUT IT IN AN INTERVIEW MORE BLUNTLY, SPEAKING ABOUT A "CRAZY MAN."
So this country-mate of mine is also a world wide expert on psychoanalysis?
AND LATELY, WHEN MR. LIPTAK ACCUSED THE PRIME MINISTER OF NOT DEFENDING (IN
THIS ISSUE) THE INTERESTS OF HUNGARY, THE PRESIDENT OF THE REALISTIC GREEN
CLUB IN HUNGARY CALLED HIM AN "INTERNATIONAL IMPOSTOR."
The reader should know, the difference between the "Greens" and the
"Realistic Greens": The distinguishing characteristic of the "realistic
greens" is, that they also send copies of their letters to Miroslav Liska.
The "green" which they favor, is not nature's color, but that of the
compensation they receive for their "services."
In contrast, we in the environmental NGOs, are spending our own time and
money, and receive financing from nobody.
THIS OVERZEALOUS FIGHTER FOR SOMETHING, HE TOUGHT TO BE HUNGARIAN INTERESTS,
CAME TO AN EXCELLENT IDEA.. HE ADDRESSED THROUGH INTERNET SEVERAL INFLUENTIAL
PERSONS, TO SEND A PETITION TO THE GROUP OF BANKS HEADED BY J.P.MORGAN'S, TO
REFUSE SLOVAKIA A LOAN FOR END BUILDING OF GABCIKOVO AND OTHER HYDRAULICPROJECTS IN SLOVAKIA..
This is very interesting: On July 25, 1996 I received a letter from Margaret
W. Southerland, Vice President of J.P.Morgan, who advised that they received
assurances from Miroslav Liska's employer, that none (!) of the loan will be
spent at Gabcikovo. Ms. Southerland emphasized that this was a condition for
the loan, because J.P. Morgan does not want to finance the finalization of a
project, which is the subject of an international lawsuit and is still
pending in court.
TO MAKE IT EASIER, HE OFFERED A "PREFABRICATED" LETTER, THAT HAD TO BE ONLY
COPIED, COMPLETED BY THE DATA OF SENDER AND ITS SIGNATURE AND SENT BY E-MAIL
TO THE GIVEN ADDRESS. IT IS AMAZING THAT SOME PEOPLE ARE SO NAIVE, TO FOLLOW
THESE INSTRUCTIONS AND CONDEMN SOMETHING AND SOMEBODY, WITHOUT EXACTLY
KNOWING WHY, IN GOOD FAITH: "HE WOULD NOT DARE TO ASK FOR IT, IF IT WOULD NOT
BE TRUE!"
Good point, which reminds me: If you, the reader of this text, care about the
survival of
the Danube wetlands, please do drop a note to:
Ms. Margaret W. Southerland, Vice President
J.P. Morgan, 60 Wall Street, New York, NY 10260-0060
and advise her, that according to Miroslav Liska, the representative of the
Water Development Enterprise of Slovakia, J.P. Morgan has been mislead by
their Slovak client and the J.P. Morgan loan is being used for "end building
of
Gabcikovo."
IN MAY/JUNE 1995, SEVERAL NGO's ADRESSED TO THE INTERNATIONAL COURT OF
JUSTICE (IJC) A MEMORIAL, REQUESTING TO ACCEPT THEM AS A THIRD PARTY IN THE
CASE CONCERNING THE HES G-N. MR. LIPTAK ENGAGED AGAIN HIS COMPUTER WRITING
LETTER TO ALL SIDES, ASKING HIS ADDRESSES (MOSTLY OF THE HUNGARIAN LOBBY) TO
BURRY THE JUDGES IN A HEAP OF LETTERS, AND TO INFLUENCE THUS THEIR VERDICT IN
FAVOR OF HUNGARY.
Miroslav Liska has forgotten to inform his audience, that the 100 page NGO
memorial was signed by Greenpeace of Slovakia, Human Rights Advocates,
International
Rivers Network, Natural Heritage Institute, Reflex of Hungary, Sierra Club,
Slovak Rivers Network, SZOOPK of Slovakia and WWF (World Wide Fund for
Nature) Switzerland. In addition to the over 30 experts participating in its
preparation, the chief contributors of the memorial were Prof. Dinah L.
Shelton of the University of Santa Clara Law School in the United States and
Prof. Alan E. Boyle, Professor of Law, University of Edinburgh, Scotland.
Miroslav Liska has also forgotten to mention, that The International Court of
Justice has accepted (!) the Memorial.
THIS KIND OF JUSTICE, NOT BASED ON EVIDENCE AND FACTS BUT ON BIASED OPINION
OF UNINFORMED GENERAL PUBLIC, WAS WELL KNOWN - NOT ONLY IN THE WILD WEST OR
SOUTH OF USA (LYNCH, KU-KLUX-KLAN), BUT ALSO IN THE COMMUNIST REGIMES OF
EASTERN EUROPE, WHERE THOUSANDS WERE HANGED ONLY BECAUSE THEY DID NOT APPROVE
THE OFFICIAL IDEOLOGY.
I would like to remind the reader, that I did not leave out a single word
from Miroslav Liska's text. The above sentence comes right after the previous
quote.
In other words, this is what Miroslav Liska thinks of the International Court
of Justice and the above listed signers of the NGO Memorial. He is reminded -
by the submission and acceptance of the NGO memorial,- of lynchings and
hangings.
I AM SURE THAT THE JUDGES OF THE ICJ WILL BASE THEIR VERDICT ON INTERNATIONAL
LAW, RATHER THAN ON INTERNATIONAL HISTERY.
"Histery" or not, I do hope, that the judges will visit the Szigetkoz (Island
Region) and will note that there is not a single island left there, because
without water there can be no islands, nor fish, nor fishing birds. I also
hope that the Court will use this, the first international environmental
lawsuit, to show, that rivers and wetlands are not the property of
construction firms, nor of nations, but are the common treasure of all
mankind and that it is the duty of the international community to defend
them..
Bela Liptak
84 Old N. Stamford Road, Stamford, CT 06905-3961
Tel: 203-357-7614, Fax: 203-325-3922, e-mail: liptakbela@aol.com
The writer is the editor of the Environmental Engineers' Handbook and
president of the Foundation to Protect the Hungarian Environment
On October 27th, the dream of the opponents to the Hainburg dam on the Danube, has at last come true: 10,000 hectares of riverine forest in the area of the cancelled project has officially become a national park, thus finally protecting the last large and ecologically fairly intact middle-European riverine forest and its amazing biodiversity. In December 1984, Austria had made headlines in international media when thousands of people had non-violently resisted brutal police attacks to oppose the construction of this hydroelectric power plant.
With the creation of the Danube national park, WWF Austria and associated NGOs have achieved an extraordinary victory, which took 13 years of intensive effort towards protection and against hydroelectric power plant projects. The first steps towards this goal were relatively quick: in 1984, after the events opposing demonstrators and the police, the Austrian government announced a «reflection break»; in 1985, the project was cancelled, after the WWF-Austria won the lawsuit filed to the Austrian higher court.
But the final victory took years to come. To promote the idea of a national park, WWF Austria launched a campaign «Bail out nature» in 1989, with the support of most of the main Austrian media. This campaign motivated more than 100,000 people - among them many celebrities, private large donors and sponsor companies - to donate more than $9 million, allowing WWF to buy 411 hectares in the riverine forest key-area. In 1996, a renaturation project, with notably the re-opening of dams isolating old side-arms of the Danube from the main stream, raised international awareness. The area bought by WWF became a «mini national park» and served as a model for the whole future national park.
On October 27th, the campaign led by WWF Austria and associated NGOs throughout these years has at last borne fruit, in spite of attempts on the part of the hydro-electric company to launch new dam projects in 1994.
10,000 hectares of living Danube, home to at least 5,000 animal species, many of them threatened, has definitively been saved.
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