The story of bananeros
Victims of Nemagon introduce complaint
* They claim half a million dollars for each case
(El Nuevo Diario of 03/01/2001 Lizbeth Garcia
After waiting several months for the approval of a law that would give greater legal certainty, the almost 4000 people affected by the effects of DBCP or Nemagon bananeras in the West have presented this Wednesday, the first of 37 complaints for millionaires damages against seven U.S. multinationals.
The first 100 former workers affected by Nemagon have announced that they may bring their complaint against powerful multinationals, in front of the U.S. justice even if, first, they will try to bring to the end of their legal action within the Nicaraguan Civil Courts at which, are claiming compensation for 134 million dollars.
Every man and woman suffering from cancer and more are requiring between 300 and 500 thousand dollars, as indicated by the accusers of the multinational Shell Oil Company, Occidental Chemical Corp., Standard Fruit Company and Vegetal Co., Dole Fruit Corporation Inc., Chiquita Brands International , Del Monte Foods and Dow Chemical.
The complaint was submitted to the Juzgado the Third Civil District of Managua.
If the judge Vida Benavente accept the complaint for damages, representatives of multinational corporations accused will have 3 days to respond to the same; 8 days to present evidence and another 3 days to wait for judgment in accordance with the special procedure (the 383) established by the new Act 364.
If the complainants find themselves in a position of having to transfer the case in the United States, explained the lawyer Boanerges Ojeda, sommetteranno is what sets U.S. law and international brands will be represented by Engstrom, Lipscomb and Lack and Gerardi and Keese,
For the first process that was opened in Managua, Ojeda said they already have in hand all the medical records that prove the harmful effects of Nemagon and other toxic substances used by the former employees of bananeras.
The legal representative of the complainants explained that the list of people who are sick are also included in some of their children and, indirectly, have suffered from the toxic effects which, their fathers and their mothers, were exposed / and businesses banana multinationals in Nicaragua.
The lawyer indicated that the analysis demonstrate that the banana workers have been affected by infertility, birth defects, cancer, and in the worst cases, have already died because of Nemagon.
The victory of the Bananeros
The Bananeros infected by the pesticide Nemagon, in the end, they won. The government has succumbed to their tenacity, the agreements are signed, justice is done. It 's time to celebrate.
On the march. A long procession through the streets of Chinandega to celebrate the agreements signed with the Government and with the Asamblea Nacional after nearly eight months of hard struggle. The Bananeros sick because of Nemagon reiterated their strength and their willingness to participate by walking for several kilometers and focusing inside a building that turned out to be very small to accommodate them all.
Waste excellent. The final meeting was to fill one of the main squares of Chinandega, but the Sandinista mayor, Julio Velasquez, has refused to grant permission because someone else had come before: Congressman Marcelino García, who was also the Frente Sandinista, had already asked the 'use for an activity that in the end there was not. And 'then became apparent attempt to boycott by those sectors of the Sandinistas who are accused by the same Bananeros had mismanaged the funds from the sale of the banana and using them for other purposes, rather than redistribute between workers and former workers.
Rights violated. The long column of people marched in an orderly manner with signs and banners and it was packed to hear the words of their leaders and invited guests. Thanks went to all the solidarity organizations, national and international, who accompanied Bananeros all the time of the fight and that, even today, continue to support these people in every way that for more than a decade fighting to defend brutally violated their rights.
First took the floor Denis Meléndez's CISAS and Jamileth Mejía of the Movimiento de Mujeres Independent two civil society organizations in Nicaragua. Retracing the eight months of struggle have stressed the importance of remaining united to face the next steps in defense of these agreements. Was also attended by representatives of the Government and the Asamblea Nacional, which guaranteed the respect of what they have signed. After VHE various local groups have animated the huge audience with songs and popular music, he spoke to the President of the Asotraexdan, Victorino Espinales.
By a show of hands. His speech focused mainly on future strategy against the multinationals. After having presented written evidence of lost causes in various parts of the world by the law firm that had previously represented the Bananeros of Asotraexdan, the leader bananero has submitted to a vote, by show of hands, a series of important decisions. Almost unanimously, it was decided to withdraw the lawyers representing Nicaraguan and North American buffet linked to Juan Jose Dominguez, with whom he came into conflict for the past few months. They decided not to accept the imposition of legal give 40 percent of all claims and to present a bill in Parliament to ensure that this percentage is set at 15 percent. Finally, Bananeros voted unanimously the decision to start direct negotiations with multinationals, which will also assist state institutions (government, public prosecutor with his lawyers, Parliament, the Corte Suprema de Justicia), civil society, Centro de Derechos Humanos Nicaraguan (Cenidh) and the press.
"Those who agree, raise your hand! - Has spurred Espinales - No more lies, slander and fraud!
The negotiations will take place in the light of the sun. Enough with the damn craze to make decisions in secret by the working class, to do business under the table. We will invite the media to ensure that everyone knows. Once again, raise your hand if you agree. Despite the slander, and despite the mayor did not want to give us a street and even the streets to celebrate this assembly, will not stop us. If they are going to imprison me in the coming days to know that other students are ready to take my place, and that will lead to trading all together! "
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