Corporate Accountability & the Johannesburg Earth Summit
   

· Earth Summit 101

· Corporate Failure Since Rio

· Six Reasons for Accountability

· Accountability vs Responsibility

· Rules for Big Business

· FoEI's Position Paper

· Type 2 Outcomes - Voluntary Partnerships

· The Bush Administration and the Earth Summit

Corporate Impacts Issue Briefs: Water, Biodiversity

Polluted Profits
· Bush's First Year in Office
· Environmental Rollbacks
· Accounting Tricks
· Corporate Veil of Secrecy
· Paying Polluters

Case Studies of
Corporate Irresponsibility

· AES
· Doe Run
· Enron
· ExxonMobil
· Monsanto
· Newmont
· Nike
· Unocal
· Suez-Lyonnaise
· Vivendi


Vivendi
The world of privatized water is overwhelmingly dominated by two French multinationals: Suez (formerly Suez Lyonnaise des Eaux), with 1999 profits of $1.5 billion on sales of $32 billion, and Vivendi Universal, ($$). Both are ranked among the 100 largest corporations in the world by the Global Fortune 500, and between them they own, or have controlling interests in, water companies in over 120 countries on five continents and distribute water to almost 100 million people in the world.

However, the record of these companies and other major private water operators has been troubling on many fronts.

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Environmental Pollution
Health and Safety
Business Standards
Bribery
Lobbying

Vivendi Environnement is the environmental services (water, energy, waste and transport) subsidiary of French media and communications company Vivendi Universal. It claims to be the number one environmental services company in the world and the largest water company in the world. Vivendi Universal shares are traded on the French and U.S. and Canadian stock exchanges. Vivendi's water division - Vivendi Water - was formed from Vivendi Water Systems, Compagnie Generale des Eaux and U.S. Filter. In this report "Vivendi" is used to refer to Vivendi Universal and subsidiary Vivendi Environnement.

Environmental Pollution

1. Vivendi's subsidiary Tyseley Waste Disposal Ltd. was listed by the UK's Environment Agency as the second worst polluter in 1998. Environment Agency director of operations, Archie Robertson said, "The companies included in our Hall of Shame have let down the public, the environment and their own industry" (1).

2. Another of Vivendi's subsidiaries, waste management company Leigh Environmental (now called SARP UK) received the fifth highest fines of £87,500 ($136,980) with seven prosecutions for pollution in 2000 (2). In 1999, Leigh Environmental was also in the Environment Agency's worst ten polluters' list, with fines of £18,000 ($28,180) and three prosecutions (3).

3. In May 1998, a cloud of nitric-dioxide gas leaked from SARP UK's Killamarsh chemical wastage plant in north Derbyshire. Residents in three separate counties were affected and more than 20,000 people were forced indoors as the 300-foot plume of thick orange gas spread over the area (4).

The Health and Safety Executive and the Environment Agency investigated the incident and SARP UK was prosecuted and fined a total of £270,000 ($422,700) which Environment Minister Michael Meacher said was "a measure of how seriously the Court viewed these offences" (5). In their summary of the case, the Health and Safety Executive said the "public [were] put at serious risk"(6).

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Health and Safety

1. Vivendi subsidiary Norwest Holst Construction Ltd. was prosecuted and fined £50,000 ($78,280) with costs of over £20,000 ($31,300) after an employee died from injuries received when he struck an underground electric cable with a pneumatic drill in September 1998. The court found that site rules were not being enforced, despite the fact that this was high-risk work. No edge protection had been provided and the risk assessment for the work was inadequate (7).

2. Vivendi subsidiary - Onyx UK Ltd. - was prosecuted and fined £14,500 ($22,600) after contractors were exposed to asbestos during its removal from a property in October 1999. The contractors were not licensed for asbestos removal and inadequate precautions were taken. The risk was described as "significant." Onyx was also prosecuted and fined £3,600 ($5,600) after an employee fell 2.5 meters and fractured his skull and collarbone in October 1998 (8).

3. Vivendi subsidiary Ringway Highway Services Ltd. was prosecuted and fined £50,000 ($78,000) after an employee had his leg amputated after being run over by a chippings spreader in January 1999. It was ruled that Onyx had insufficiently safe reversing systems (9).

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Business Standards

The Puerto Rico Aqueducts and Sewers Authority (PRASA) water supply and sanitation services were privatized to Vivendi's CompaZia de Agua in 1995. Since then, PRASA has been the subject of two highly critical reports by the Puerto Rico Office of the Comptroller, who said in a press conference that water privatization "has been a bad deal for the people of Puerto Rico." The most recent report found 3,181 deficiencies in management, operation and maintenance of the infrastructure and said the leakage rate was around 50%. Since privatization, PRASA has reportedly been fined a total of $6.2 million (£4.3 m) for various violations of environmental laws (10).

Whole communities on the island have had no water supply for weeks and even months at a time. MAPT, a local coalition of waterless communities has documented the effect of the water crisis on the local population, including cases of skin allergies, irritability, anxiety, gastroenteritis, conjunctivitis, muscular spasms, depression and anxiety (11).

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Bribery

1. It has been reported that in July 2001 Alain Maetz, a senior manager in Vivendi's water division, was convicted for bribery and received a prison sentence of one year and eight months with conditional discharge. Judges said that Mr. Maetz had paid a bribe of ITL 25m (about £8,000) to Mr. De Carolis, the president of Milan city council, who expected to receive up to ITL 200m (over £64,000 ($100,000)) to favor OTV, a subsidiary of Vivendi) in the bidding procedure for the contract for a wastewater treatment plant in the south of Milan. Mr. De Carolis disclosed to Mr. Maetz, the list of bidders for the contract (which should have remained secret) and it has been reported that OTV subsequently bought 51% of Italian company Siba, which appeared in this secret list of competitors. Mr. De Carolis and Mr. Maetz, together with three intermediaries, will have to pay ITL 1bn (over £320,000 ($500,000)) damages to the city council (12).

2. In July 1997, a junior French minister Jean-Michel Boucheron was jailed for two years, with a further two suspended, and fined one million francs (£94,800) for taking bribes from companies bidding in public tenders. Boucheron reportedly had received fees of 327,000 francs (£31,000/$48,000) for a fictitious job by Compagnie Generale des Eaux (Vivendi) in exchange for giving the utility a water distribution contract in Angouleme. He was also found guilty of taking bribes worth about 550,000 francs (£52,000/$81,000) in 1986-89 from various companies (13). Executives of Générale des Eaux were also convicted of bribing the mayor of St-Denis (Ile de Réunion) to obtain the water concession (14).

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Lobbying

Vivendi is a member of several corporate lobbying groups, including the European Social Forum (ESF) and USCSI (the U.S. Coalition of Service Industries). The ESF describes itself as "committed to promoting actively the interests of European services and the liberalization of services markets throughout the world in connection with the GATS 2000 negotiations" (15). USCSI is a major service industry lobby group which claims a significant role in setting a liberalization and deregulation agenda for negotiations on the WTO General Agreement on Trade in Services (GATS). Inclusion of water in the GATS agreement will give multinational companies greater access to water resources or, in other words, will allow and encourage extensive water privatization (16).

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Notes:

(1) http://www.edie.net/news/Archive/915.html
(2) Environment Agency, Spotlight on business environmental performance Report 2000
(3) Environment Agency, Spotlight on business environmental performance Report 1999
(4) Robert Stevens, British company leaks deadly gas into residential areas, 12 June 1998 http://www.wsws.org/news/1998/jun1998/sarp-j12.shtml
(5) House of Commons Hansard Written Answers for 25 Jan 2000
(6) HSE prosecutions database: http://www.hse-databases.co.uk/
(7) HSE prosecutions database: http://www.hse-databases.co.uk/
(8) HSE prosecutions database: http://www.hse-databases.co.uk/
(9) HSE prosecutions database: http://www.hse-databases.co.uk/
(10) Water company near collapse, Carmelo Ruiz-Marrero, 26 May 2001. Rios Vivos http://www.riosvivos.org.br/ingles/water_collapse.htm
(11) Ibid
(12) Global Water Report Issue 131 15 October 2001; PSIRU Database; News ID 496 Vivendi water bribery plans investigated in Milan, 2000
(13) PSIRU Database; News ID 3537
(14) Hall, D. (1999) Privatization, multinationals, and corruption, in Development in Practice 9(5): 539-556; Hall, D Privatization, multinationals and corruption. July 1999
(15) http://www.esf.be/
(16) Stealing our Water. Implications of GATS on global water resources, Friends of the Earth November 2001.

Written by Hannah Griffiths
(with additional research by Sally Dean)
Friends of Earth - England, Wales and Northern Ireland
26-28 Underwood Street, London. N1 7JQ
December 2001

 
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