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dam-l LS: Endesa Stops Ralco
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Date: March 2, 2000
Subject: Endesa Stops Ralco
Souce: Nizkor Int. Human Rights Team
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ENDESA ANNOUNCES THE CESSATION OF THE WORK IN RALCO AS WAY OF PUTTING PRESSURE
ON THE CHILEAN GOVERNMENT AND AS A RESULT OF THE NUMEROUS TECHNICAL AND LEGAL
PROBLEMS THE COMPANY IS FACING.
The subject matter is the objection by the Contraloria General de la Republica
de Chile (State Comptrollership) of the decree granting final electric
concession. The Contralaria returned the ordinances to the Ministry of Economy
for insufficient information, although it did not formally reject them.
The decision made by the board of directors of Endesa, has been interpreted by
some, as a form of pressure used by the company on the Government to obtain the
required approval prior to the taking of office by President elect Ricardo Lagos
(11mar00).
Endesa Spain, responsible for provoking a harsh encounter with the Mapuche
minority (conforming approximately 10 percent of the population), is being
accused by highly reliable scientific organizations of carrying out an ethnocide
in the region. It has also behaved in a way, at least irregular, in regards to
the process with the indigenous mapuche population. This has been documented by
the National Corporation for Indigenous Development (CONADI). These incidents
have forced the cessation of the works at Ralco by means of a preventive measure
(medida preventiva), a safety measure mandated by the 6th. Civil Tribunal of
Santiago, that will meet in March to deal with the subject.
A Mapuche delegation affected by the actions of Endesa Spain, was officially
invited to Spain by the Cooperation Secretariat of the Balearic Isles regional
government. Their visit had been promoted by the Comite de Solidaritat amb els
Pobles D'America de Menorca (Menorca Solidarity Committee with the Peoples of
America). During the visit, the urgency of the situation was recognized through
institutional and formal statements made by the Balearic government and by the
Consejo Insular of Mallorca and Menorca. It was this Mapuche group who moved
for an action against Endesa before the 6th. Civil Tribunal of Santiago.
The members of the delegation were: Nicolasa Quintreman Calpan (nyanya) ;
Armando Marileo (lonko) Carolina Manque Caniuqueo (Representative of the
Mapuche Association Aukiñko Zomo). The President of Endesa Spain, Rodolfo
Martin Villa, was used by the Spanish Ministry of Foreign Affairs in an attempt
to put an end to the Pinochet cause in the arbitration measures proposed by the
Spanish government in August 1999. This was admitted by the Spanish minister of
Foreign Affairs while responding to questions posted by the parliament. The
attorney representing the interest of this company in Chile is one of the
founding members of Patria y Libertad.
Around this time the Chilean government called for a state of emergency in the
9th. region (Bio Bio Zone) which has permitted them to place those Mapuches
detained without legal cause under the discretion of the military justice
system. In this manner it was intended to control the conflicts. A clear
example of the collaboration between Endesa and the Chilean government is that
the Chilean military forces and the Carabineers have enjoyed the transportation
provided by the Spanish Company Endesa
to carry out some of their operatives against the Mapuches. Meanwhile the board
of directors of Endesa blames the Mapuches for the lay offs provoked by the
suspension of work.
On January 24, 2000 the financial group Caja de Madrid (savings bank) officially
announced that it controls 4.25% of Endesa; for this participation about 148,000
million of pesetas have been paid (1US$ = aprox. 160 pesetas). This has turned
the financial group into the number one share holder of this multinational
group. New York financial analysts believe that this has allowed the Santander
group and other private Spanish banks to get rid of undesired difficulties,
minimizing their disproportionate and obvious risk in the South of Chile. The
other major share holders of Endesa are La Caixa (savings bank) which controls
3.2 percent, BBVA about 3 percent and BSCH about 2.9 percent. The last two
entities have intentions of ‘abandoning the ship' leaving the savings banks as
responsible for Endesa. To achieve this they would use the argument of the risk
concentration in the electric companies of their competitors such as Iberdrola
or Fenosa Union.
A group of International Jurist is preparing an international suit against
Endesa that would go through tribunals of the United States, Chile and Spain.
This suit would cover the charges of ethnocide as well as lack of transparency
in financial operation during the purchase of Enersis.
In the United States, Endesa could be tried under the RCO doctrine. This
doctrine is similar to the principle of command resposibility in international
humanitarian law. It would demonstrate that the actions taken against the
Mapuches have been part of their investment plan and that these actions were
planned by those responsible for the multinational. To take this into action
they have applied methods of disintegration and confronted the indigenous
population using illegitimate and illegal ways. The commercial law of North
America and the international humanitarian law could find this behavior
comparable to that of a criminal organization.
This conflict shows how under certain circumstances the systematic violation of
the rights of minority groups is not only a violation of Civil and Political
Rights, but also a violation of Economic, Social and Cultural Rights provided
and guaranteed by international covenants and agreements. These are a part of
the internal jurisdiction of many countries, including Chile and Spain.
Nizkor Team, UE 21feb00
[Documentary note by Nizkor Team: This information message has been translated
from its original Spanish version by Nizkor Team. The Spanish version was
disseminated by Nizkor on Mon, 21 Feb 2000.]
For further information regarding the Mapuche question you may take a look at:
http://www.derechos.org/nizkor/espana/doc/endesa
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ii) FOLLOWING ENDESA BOARD OF DIRECTORS' RESOLUTION RALCO DAM CONSTRUCTION WILL
BE SUSPENDED ON MARCH 1.
The conflicting Ralco project has been halted once more, this time due to lack
of concession of final permits and transmission lines.
SANTIAGO, (Reuters) - Endesa, the largest power producer in Chile, announced
yesterday that it will halt construction of its $480-million conflicting Ralco
dam project. "Endesa's Board of Directors unanimously decided to halt the
construction of Ralco hydroelectric project on March 1", said Endesa in a note
sent to the Chilean Superintendencia de Valores y Seguros.
"The decision was made because Endesa does not have the final permits for the
Ralco hydroelectric generator and corresponding transmission lines," the company
said in a statement.
Endesa Chile is controlled by Enersis holding, which in turn, is under the
control of Endesa Spain.
The Ralco project, which would be generating 570-megawatts, was one of the main
iniciatives promoted by Endesa Chile. The dam would affect the Bio Bio river.
This fact has provoked continuous protests and judicial complaints on the part
of environmental groups and indigenous communities living in the area.
Endesa had previously halted Ralco construction due to the numerous legal
proceedings it had to face in order to put in practice the project. However,
Endesa had decided to restart the works on October 1999; up to that date the
company had invested around 120 millions of dollars in the project.
Endesa said yesterday that the lack of concessions or definite permissions would
affect the normal development of the project. "This measure (the halt in work)
is justified by managerial caution." Enersis holding, controller of Endesa
Chile, also administers investments in Peru, Argentina, Brazil and Colombia.
[Source: Diario El Sur, Chile, Saturday 19feb00. Translated from its original
Spanish version by Nizkor Team.]
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FOR FURTHER INFORMATION:
- Chronology of the Chilean gov't offensive against the Mapuche people; August 3
to 10, 1999.
http://www.derechos.org/nizkor/espana/doc/endesa/crono.html
- Follow up to the Endesa (Spanish electric company) - Mapuche conflict in the
Bio-Bio River (Temuco, Chile) http://www.derechos.org/nizkor/espana/doc/endesa/
- List of Mapuche persons detained in the prison of Lebu.
http://www.derechos.org/nizkor/espana/doc/endesa/detenidos.html
- Letters on the Pehuenche Matter. By Jane H. Hill, President American
Anthropological Association
http://www.derechos.org/nizkor/espana/doc/endesa/hill.html
- The Pehuenche, the World Bank Group and ENDESA S.A. violations of Human Rights
in the Pangue and Ralco Dam Projects on the Bio-Bio River, Chile. Committee for
Human Rights. American Anthropological Association
http://www.derechos.org/nizkor/espana/doc/endesa/aaa.html
- Final report on the question of the impunity of perpetrators of human rights
violations economic, social and cultural rights), prepared by Mr. El Hadji
Guissé, Special Rapporteur, pursuant to Sub-Commission
resolution 1996/24. [E/CN.4/Sub.2/1997/8]
http://www.derechos.org/nizkor/impu/guissee.html
- Informacion sobre el jucio en espanha contra el senador vitalicio Augusto
Pinochet Ugarte / Info on the Spanish trial against Senator for Life Augusto
Pinochet Ugarte.
http://www.derechos.org/nizkor/chile/juicio/
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