NEWS FROM BRAZIL
supplied by Brazil Justice Net
Number 524, February 4, 2005
In this edition of News from Brazil
:
- Nestle Accused of Irregularities
- Urgent Action
Nestle Accused of Irregularities
Since the beginning of its activities in Parque das Aguas (Park of Waters) in
Sao Lourenco, Minas Gerais, the transnational company Nestle has been piling up
a long list of irregularities. This according to the non-governmental
organization MACAM, a Brazilian water advocacy group. Among the alleged
infractions are the exploratory drilling for water in the park without proper
authorization, the de-mineralizing of the water--an activity expressly forbidden
by Brazilian law--and building a factory without the necessary authorization and
an environmental impact study.
“The Parque das Aguas holds the largest diversity of mineral waters in the
world,” explained Francisco Villela, an activist of MACAM. “These waters have
always had medicinal value, and de-mineralizing them compromises this
potential.”
In Brazil, water is considered a patrimony of the state, and is protected by the
National Department of Mineral Production (DNPM). According to Paulino Soares
de Souza, retired professor of the Federal University Fluminense and current
lawyer for MACAM, even though a water company may obtain licensing (from local
authorities, for example), the company must still obtain permission from DNPM.
In September of 1996, Nestle had no such permission when the company drilled its
first well in Parque das Aguas. Only in 1999 did the company seek permission to
drill from the DNPM; and the prosecutor of the DNPM that year granted a
decision favorable to Nestle. In spite of all studies and documents about the
waters of the area, he declared the water not to be mineral, and therefore not
under the protection of DNPM.
Two years later, government prosecutor Pedro Paulo Aina obtained a study which
showed that the water did in fact contain a high level of iron. However, Nestle
had already begun a process of removing iron from the water and selling it as
common water with the addition of salts. The Brazilian Code of Mineral Waters
expressly prohibits the process of removing iron from water. But as the water
was no longer “mineral,” and therefore no longer under the protection of the
DNPM, the company was able to obtain bottling permission from another government
agency, Anvisa, which is in charge of monitoring the commercialization of foods
and beverages. Nestle labeled this water as “Pure Life.”
Aina took Nestle to court, demanding that Nestle no longer be allowed to drill
and bottle water in the region, and that they pay damages, returning any profits
they obtained from the sale of the water. The court ruled against Nestle.
Nestle appealed the decision and two days later were back drilling for water.
Aina obtained an injunction, another court case, won it, and once again Nestle
appealed. The case went to the federal courts in Brasilia where a judge ruled
in favor of Nestle, granting them permission to operate in the park until
October of 2004. Since the expiration of the permission, the DNPM has not made
any decisions or recommendations, and Nestle has continued its operation.
“So all of this to say, that in these past eight years, after all of the
irregularities cited, Nestle’s operations in Poco Primavera have never been
interrupted. They have always managed to dart around the problems, maintaining
good relationships with the DNPM and local and state agencies,” commented
activist Vellela. “During Fernando Henrique Cardoso’s term, everything was
copasetic. Even the DNPM said that the water was not even mineral, showing an
absurd level of protection of the company. When Lula assumed presidency, there
was talk about change, but these promises have not been met. Nestle has
actually become partner in the federal government’s Zero Hunger program.”
In 2003, the DNPM actually did an internal audit conducted by federal prosecutor
Monica Almeida Horta. In her report, she underlined the illegal character of
Nestle’s operations in Sao Lorenco, and stated that the earlier declaration of
the department that the water was not mineral was rendered in a “disastrous
form.” She asked that disciplinary actions be taken against those who in the
department who rendered decisions allowing for Nestle’s illegal operations. She
also solicited for the immediate cessation of Nestle’s mining in the park.
Other violations
Upon acquisition of Perrier Vitell (the renown water bottler who also happened
to be in Parque das Aguas), Nestle became the biggest operator of mineral water
in the world. After its first drilling in 1996, the company delayed a year to
begin bottling. But during this year, water was continuously pumped without
using any of it. Millions of liters of water were simply wasted.
After bottling began, the minerals in the water were of no interest to the
company, and were/are being removed. To date, the company has not issued one
report as to where this enormous quantity of minerals extracted daily are
going. And the company has not issued one environmental impact study as to the
possible effects of these minerals on the land where they dumping the minerals.
Another issue is that in order to save money on operations, Nestle used and
amplified the existing structures put in place by Perrier. However, the company
did the amplifications without the necessary licensing from the government and
without doing an environmental impact study. They cut trees and devastated a
whole section of the park, violating a municipal law which prohibits this
activity near springs. They also destroyed the oldest fountain in the park,
built in 1892. The company sought approval only after the project was
finished.
Source: Brasil de Fato
January 19-26, 2005e
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Urgent Action
To resist the illegal activities of Nestle, MACAM is calling for a boycott
of Nestle’s products. If you wish to participate, write the company explaining
why you are boycotting. You can communicate with the company at their Contact
Us web page at
www.nestle.com. Or by
mail at:
Nestle Headquarters
Nestlé S.A.
Avenue Nestlé 55
1800 Vevey
Switzerland
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