Corporate directors suing governments for citizens budgets is a crime under the SQP-ICC context
October 8, 2014
Dear Mr J. Denham Shale. No number of 'scholarships, health missions, plant nursery's, sewing classes, courses and new classrooms' that you list in defense of your current action to devastate El Salvador, based on what you deem 'opportunity [ that never existed under international and local human rights laws ] lost' by their government refusing to license your contamination of the Lempa river [ that supplies 2/3rds of a nations water supply ], can justify your intent to harm 6.34 million people.
My more detailed note below is in reponse to Mr J. Denham Shales attempt to reject the accusation against him that proposes he is joining the ranks of history as one of the world's greatest corporate criminals by forcing environmental contamination on the people's water supply in El Salvador or stealing their countries citizens budget.
He currently states that i have launched a malcious attack on his credibility. Mr J. Denham Shale, whilst you continue to advance large scale environmental contamination and try to steal a nations budget for health, education and care of people, you have no credibility to attack. Rather you sit in a position of mistaken identity. If you wish to be known as of good character and as a leader of clean green New Zealand, then cancel your law suit against El Salvador and convert your gold mining operations to the ancient techniques that did not harm the planet.
Important though * the SQP-ICC law is a preventative law - individuals are criminally liable for 'calculated' harm that his conduct will 'bring about'.
Mr J. Denham Shale misunderstands this as a primary defense he makes is the fact that they are not yet mining.
My allegations are based upon the following calculations:
- suing the El Salvadorian government, to take half of an entire countries annual budget of 301 US million, will be devastating to an entire nation of people.
Economic calculations on the effect of removing 301 US million from El Salvador, demonstrate an individual who is intent on impacting a nation more than their years of civil war ever could. People will not be able to eat, get health care, or even afford drinkable water - given the countries water already remains at only 2% drinkable quality, the purification for human consumption requires financing from the money he will take from this nation.
Imagine if New Zealand was sued for half of its national budget by a private company [ which will be possible if NZ signs the upcoming TPPA ]. How many people's health care, education and funds for survival would be dissolved and transferred into private hands. This case is an example of extreme tyranny and Mr J. Denham Chase has situated himself as a historic world leader of this oppressive advance against the right to life.
He cannot justify attacking to steal the financial independence and survival funds of a country by then saying as a private company, they will act like god and ruler, and reallocate some of their theft to pay for new schools, hospitals and sewing classes. A nations taxes are for the direct reallocation to value for their citizens and must remain so. His justification that he is suing for 'opportunity lost' would be humorous if it did not directly translate into one of the most sinister actions i have witnessed, amongst my intimate awareness of some of the worlds most heinous cases of corporate decision makers against human rights and environmental protection.
- Gold mining has been proven around the world to cause environmental contamination of the water and soil.
Perhaps Mr J. Denham Shale would like to take the time to read this: http://nodirtygold.earthworksaction.org/impacts/water#.VDT3ASiaiG8
** I also cut and paste a google overview, that lists numerous scholarly, scientific articles that confirm that gold mining has impacted communities with severe lead poisoning, mercury poisoning, arsenic poisoning and other severe health impacts. It also raises the acidity levels of rivers, which are killing river ecosystems and channeling this harm out to a dying ocean.
I am not familiar with the level of environmental contamination effect of their operations in New Zealand but i have asked some interested parties to spend time looking into this.
Mr J. Denham Shale speaks of two points:
1. environmental restitution which is made after a mine is concluded, however to mine directly into the Lempa river that provides 2/3rd's of the citizen's water supply, will cause harm that is beyond restitution and will cause immediate & irreversible contamination for the health of 2/3rds of the nations people and the river system environment.
2. compliance with a mining license is an interesting point and without reading their NZ mining license and applying the world-wide science, which confirms that gold mining is a highly contaminating industry, i cannot assess weather those licenses are lienient on the contamination or that because these mines are not directly toxifying the water system of 2/3rds of the nation of NZ, that the contamination is viewed as short term harm that can be later restored to a semi recovered state; worthy of environmental compromise in order to offer some short term employment. Regardless, these are not applicable licensing terms when you will directly contaminate a countries primary water supply through your industrial development.
I would also suggest that if OceanaGold conducted exploration investment in a country known for the highest level of organized crime in the world [ case in point http://www.wilsoncenter.org/sites/default/files/Farah.FIN1.pdf ], without concrete agreements in place or sustainable negotiation such as 'do not explore for gold extraction locations in the nations clean water river system', then this was a risk that the company took which was irresponsible with their investors millions.
The question is who 'encouraged' Pacific Rim to come to the 'resource rich' [ code of future large-scale environmental destruction ] El Salvador, and what basis of 'encourage'ment was conveyed to support their million dollar investment to create their 'vibrant' mining industry from contaminating these peoples clean drinking water supply [ the fact that he uses the word 'vibrant' for an industry that is scientifically calculated to be one of the key environmental contaminators of the world, suggests he may actually be in a position of misleading himself ]. It sounds to me like someone in El Salvador indicating power and with gold sparkles in their eyes, led these horses to contaminated water or up the jungle path. Yet, I am greatly interested to know, on what concrete basis did Pacific Rim invest millions in exploration, without the pre-concluded right to then mine in those area's. It sounds like irresponsible risk management to me but i'm eager to be proven wrong and to be shown that Pacific Rim abided by all international and national laws of indigenous & national people's consultation, environmental sustainability, feasibility reports, etc... All of which i know, would have informed them in advance, that gold mining in a nations clean water system, would not be acceptable.
Aside from the laws that exist internationally to protect El Salvador from such disregard to their life, health and safety, to any moral human being, to gold mine in a nations water system, would be an immoral, unethical action to even consider; as would trying to seize a nations survival budget, which according to the world bank, and i quote again: "If El Salvador loses the case, then the World Bank can enforce the payment of the settlement by seizing the country's assets, including aid, development or disaster relief funds destined for the country and use those funds to pay OceanaGold." Any simple normal person would probably feel emotional about this, knowing that this is unconscionably wrong and the fact that Mr J. Denham Shale is advancing this action, means that to me, he is clearly on the list of the world's greatest criminals. Clearly this is also a list i have already put him on in my submission to the International Criminal Court on monday and i have strong and constantly developing support for this defense of people and planet.
It is fairly well known that companies who list the words 'scholarships, health missions, plant nursery's, sewing classes, new courses and new classrooms' as ways to allocate some of their profit, do so, to restitute the line they are otherwise crossing in environmental and human health devastation.
I would rather suggest to Mr J. Denham Shale that he considers :
- that he lives in a time, where the UN have declared clean drinking water as the worlds most scarce and evaporating resource and this gold mine contaminates this most precious and valuable resource against the sustainability of future generations, right to life itself.
- the number of fresh water reserves around the world which have dried up and shrunken, the number of water systems like El Salvador's that only have 2% clean drinkable water remaining and the cumulative fact that future generations are facing life and cities which will die with no water. This harm is calculated extensively by the leading scientists of our time and Mr J. Denham Shales development will significantly contribute to this harm.
- the UN, Pentagon, NASA, UK Government Office of Science and every organization in the world with serious scientists, who are clearly stating that unless we end all environmental contamination, then the world faces a perfect storm of food, water and energy crisis in 15 years from now. We don't need more gold contamination, we must protect life. He should take a broader perspective on the harm he is contributing to.
- i would like to suggest to Mr J. Denham Shale that the contamination he will cause to the Lempa river through mining, then runs into the ocean and we live in a time where by 2028, most leading ocean scientists have predicted that we will have a dead ocean with no fish because of ocean acidity levels rising, due directly to industries such as gold mining contaminating the river system. He is a key decision maker in accelerating and advancing climate change. He must realize that we live in a time where he will be made accountable for this if he does not stop.
- i would ultimately like to suggest to Mr J. Denham Shale that he shows the leadership that a moral man would, and he takes an international ethical stance against gold mining contamination. He has other options. He could lead his team to become the first large scale mining company to revert to ancient forms of gold mining, which eliminate all toxic chemicals and explosives from the process. Although this provides a more costly operation, it also provides the potential for a premium brand gold mark, where those of ethical standard internationally, select to purchase the gold that is certified as causing ZERO contamination to the environment. He would simply then need to invest in the creation of this consumer brand. This will help to differentiate with honesty by an existing operator that this industry is causing irreversible harm to people and planet and that as operators, they are no longer willing to direct a company who causes such harm for easy profit. This is a solution for the gold industry that i am highly interested in as for the collapse of industrial civilization to be avoided and for our clean water supply to be protected, contaminating gold mining is one of the industries that we must find a way to stop. My SQP-ICC law appears one of the few ways to achieve this and this is one of the first cases i have chosen to realize this successful benchmark.
- I would also like to suggest that Mr J. Denham Shale encourages his team to withdrawal the case against El Salvador, which i have stated correctly as utilizing a corrupt US trade agreement to compel the environmental contamination by force or force a nation to give up half of their money, and that this case is currently being mediated by the World Bank with a ruling imminent. The economic and narrative forecasts of physical devastation against a country by taking half of their annual budget and no doubt causing them the loss of their independence, provide substantial evidence for the SQP-ICC case. His criminal liability in this case remains, especially if they win, but exists simply because he is attempting and intending to cause this harm against a country so unless Mr J. Denham Shale and the other directors completely and voluntarily withdrawals, he will remain criminally liable. The key to determining liability is the decision makers. The court can also award financial forfeiture against the assets and financial beneficiaries so the shareholders and investors can also be impacted but the criminals are those who make the decisions and anyone who finances, facilities or encourages the development in any way. Please reference my SQP-ICC legal context overview to confirm the specific Rome Statute articles which deem all those involved to be criminal liable.
** this case to me, also represents what the new TTPA trade agreements risk for the citizens of the world and therefore, it would remain a high priority to realize as this prosecution can offers citizens of the world, some defense against such future economic and environmental rape advanced by corporate directors.
There is another gold mine that my Victory Amazon campaign fights against in Brazil called Belo Sun, that has been successfully removed of their license for now but will likely have this reinstated by a consistently corrupt national judicial system. They will use repetitive explosives in the water on a daily basis, directly in the location of indigenous indians tribes swimming, bathing and drinking water. They will put cyanide directly in the water which will poison not only their drinking water but kill the fish and their food supply. We cannot gloss over the methods of modern day profitable gold miners. It is devastating to people and environment. This is a scientific fact, not an emotional reaction.
Infact the health missions for malaria that OceanaGold provide are not only 'nice' but essential, once the stagnant pools of rotting rainforest in the water, run rampant with water born diseases such as malaria, then the entire tribes and communities can suffer from an epidemic of this dirty water disease. Depending on OceanaGold's methods of extracting gold, weather mercury, arsenic, cyanide, mass explosives, or otherwise, yes, it can be calculated that they will bring about physical destruction on the national people of El Salvador in whole or in part. To rape a country of half of it's citizen's national budget, will devastate many lives and therefore can be economically calculated to bring about the physical destruction of El Salvador in whole or in part.
Mr J. Denham Shale must understand that he contaminates and destabilizes an entire ecosystem with gold mining and in a poor country this means to attack the very essence of their life and survival. To take their countries finance also attacks their very essence of life and therefore, to write to you as though he is a poor defenseless maliciously attacked man by my campaign to stop him causing this harm, is rather humorous. He is taking devastating, forceful, immoral action against 6.34 MILLION PEOPLE for the benefit of corporate greed as a result of poor risk management with millions of his investors monies.
I believe it's time that Mr J. Denham Shale adjusts his moral compass.
I recap my suggestions:
* voluntarily and completely withdrawal from this legal action which will economically devastate the entire nation of El Salvador.
* pay reparations to the nation for the harm they have caused - the SQP-ICC can award this anyway. His legal action, takes money from children, woman, elderly and people in need and it is unacceptable bullying and theft.
* accept that the company, OceanaGold operated with poor risk management in their advance on El Salvador and that to contaminate a countries water supply with toxic chemicals and i expect explosives for gold extraction, is an action of environmental and human rights devastation that is protected by multiple international and national laws for human rights and the environment and therefore, what he is compelling El Salvador to do, is entirely against the law. There was not 'lost opportunity for OceanaGold as the opportunity only ever existed in their fantasies, outside of human rights and environmental laws that would have always blocked their imposition on life.
* considers transforming OceanaGold to a world first large-scale truly sustainable gold mining company that does not need to gloss over the harm they cause long term to future generations by creating 'sewing classes, new classrooms, woman's health initiatives [ to repair some of the illness caused by their extractions? ], plant nurseries, scholarships, health missions, etc...; because instead, they employ a gold mining extraction process, which is more expensive but which causes ZERO environmental harm or contamination. For this i could envisage the worlds most successful gold product brand could be created and promoted where gold buyers around the world sought to only associate with gold, which is certifiably extracted without any environmental and human rights damage.
* becomes a company who speaks out AGAINST the new trade agreements like TTPA, that offer other companies the opportunity to sue and devastate other nations and communities for choosing to protect their environment and people, ahead of profit and planet. They should be amongst the leaders who admit the immoral outcome of the action they have attempted, like reformed violent offenders do in recovery speeches. By admitting the advantage they tried to take against an entire nation and promoting their ethical reasons for ending the action, perhaps they can help to persuade a few other greedy, disconnected men, to stop causing the same harm. If he likes i can introduce him to the highest spiritual leader of the Amazon who i represent, so he can experience invaluable jungle plant healing and soul reconnection :). Infact, i think he would find this life changing.
This world is not theirs to destroy. They borrow it from future generations. The borrow it from all the other life forms we share this world with, who also need a river to be uncontaminated so they can exist healthily in their natural environments. This world desperately needs corporate leaders who start to behave with respect to life and the future of our humanity here on earth.
Here is an opportunity for Mr J. Denham Shale to become the man and leader that he proposes to you, that he is.
For now he is not. But a few simple decisions and some real world-class leadership can change this. He could make one of the greatest impacts on current environmental devastation to prevent climate change, that a corporate leader ever could. He could lead an industry to stop causing the harm.
** Out of respect for those forwarding relevant communication regarding Mr J. Denham Shale's written expression in defense of his crime, i have not included these but my message reflects some of the elements he proposes to justify his current conduct.