Det Energipolitiske Udvalg 2009-10
EPU Alm.del
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22 July 2010Mr Mauricio LazalaHead of Latin America & Middle East; Senior ResearcherBusiness & Human Rights Resource CentreDear Sir,We have noted that, in a recent campaign by the NGO DanWatch concerning matters relating tothe Tabaco Case, no mention was made of the Accord and Settlement that was fought for, built,and finally signed by those of us representing the community, on the one hand, and the companyof Cerrejón on the other. The same may be said for the veil thrown around the developmentarising from the Joint Agreement previously signed by the Hato Nuevo Mayor’s Office, theCommittee, and Cerrejón in order to comply with the ruling by the Civil Chamber of the SupremeCourt, which ordered the reconstruction of Tabaco. Avoiding any mention of the Accord and theAgreement, while knowing about them, as DanWatch does (we were invited by them to describeand explain to them from the genesis to the signing and subsequent announcement of thesedocuments), does no service to the solidarity we expect from an NGO that claims to be committedto defending the social interests of the Tabaco community, so seriously affected by the well-knowndisplacement. On the contrary, what benefits the support required and demanded by the crucialTabaco Case is to take it seriously, to make appropriate objective criticism taking into account thetrue state of affairs, and to acknowledge the progress and setbacks that occur or that haveoccurred. This is especially true in light of what would benefit the kind of support that thelandmark case of Tabaco merits and demands given its particular implications in the arena of SocialResponsibility in mining and the status it has achieved and deserves in the agenda of socialorganizations world-wide.The Agreement and Accord, signed and duly announced, contain and involve no less and no morethan the culmination of a historical legal and social claim whose main impetus has been thereconstruction of this fragmented village. Equally, it is in the essence of both events to have agreedupon their transitional nature; that is, that which makes them the starting point for achieving eventhe reconstruction of the social fabric and the implementation of the highest goals of consensualjustice.The Tabaco community expects those social organizations that draw from the information sourcesupplied by those of us who have been in the solidarity settings, to use it objectively withoutcalculation or omissions that may affect or upset the balance of transparency and fairness that areindispensable in order to frighten away third-party interests that rely on pain and chaos to fish introubled waters.I appeal to your status as a knowledgeable expert on this topic to ensure, through your ethicalconduct, that this letter is publicized and that the aforementioned campaign is corrected throughelectronic media on a widespread basis.Best regards,

Armando Pérez Araújo

Attorney – Tabaco Case[email protected]C.c. Dr. León Teicher, President, CerrejónDr. Elmer de Armas, Mayor of Hato Nuevor. José Julio Pérez Díaz, President of the Tabaco Pro-Resettlement Social CommitteeDr. John Harker, ACCORD MEDIATOR