Consumer Right Justice : A Case Study of Asbestos Dr. Vithaya Kulsomboon, Health Consumer Protection Project, Faculty of Pharmaceutical Sciences, Chulalongkorn University Global Civil Society & Justice Workshop, Chulalongkorn University 7-9 January 2010

Delivering Justice II: Bottom Up Approaches Are Western Ideas of Social Justice applicable to other societies? Environmental Justice Consumer Right Justice Asian Asbestos Initiative (AAI) , Second International Seminar 21-23 December 2009

Risk of asbestos Among academia in Thailand, risk of asbestos i.e. Asbestosis, Mesotheleoma, Lung Cancer has been accepted and most of the countries already banned asbestos product, but several arguments are raised from some companies.

Awareness of Asbestos Toxicity among Thai Population Products containing asbestos could be found rampantly Less or “No” awareness of asbestos among Thai consumers

Asbestos Waste Asbestos waste could be found in many places without appropriate waste management No regulation to control for correct asbestos waste management at present

Health Consumer Protection It is the right that consumer must be informed about the toxic of the hazardous product It is the right that consumer must be protected from the hazardous product In the case of asbestos, academia and consumer group in Thailand has been working together to raise awareness of asbestos toxicity The objective is to find the appropriate measure to eliminate the exposure from asbestos

Consumer Protection Committee, NESAC Consultative Group: First Public Hearing 14 October 2009 Withdraw all asbestos products from market Provide Information to the public Using tax rate strategy for substitution material Managing asbestos contamination waste Promoting asbestos replacement material

Thai Constitution 2007 (61) In Thailand, the model of National Independent Consumer Protection Organization has been developed to comply with the Constitution (61) Foundation for Consumer (FFC) with their network practice the model by set up a public conference to obtain the measure to protect consumer right In the second public conference on 26 November 2009, Asbestos issue was chosen as the important risk to the consumer to be discussed and to provide a collective measures to the government

Measures to be Proposed to the Government by Consumer Groups Ban all asbestos products: Prohibit the importation of asbestos within 3 months Prohibit the sale of products containing asbestos within 1 year Provide free tax for importing of materials used to replace asbestos Inform public about asbestos hazardous Establish guidelines for demolishing the buildings that used asbestos products

Measures to be Proposed to the Government by Consumer Groups 5. Prohibit the importation and exportation of asbestos waste 6. Provide compensation to a person who was damaged by asbestos 7. Country that exports asbestos must use asbestos in their country 8. Set up the Occupational Exposure Limits (OLEs) at 0.1 fiber/cu.cm.

Consumer Protection Board In Nov 2009, Consumer Protection Board issued the asbestos labeling control (In effect after 120 Days, March 2010) Next week (14 Jan 2010), Consumer Protection Board Office (CPBO) will establish a meeting for stakeholders including people from Industries, Consumer groups, academia and Government sectors to meet together because of the companies have complaint to the CPBO

ILO to promote global asbestos ban The General Conference of the International Labour Organisation, Considering that all forms of asbestos, including chrysotile, are classified as known human carcinogens by the International Agency for Research on Cancer, a classification restated by the International Programme for Chemical Safety,

The General Conference of the International Labour Organisation the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths; and

American Public Heath Association (APA) has called for a ban The American Public Heath Association (APA) has called for a ban by Congress on the manufacture, sale, export, or import of asbestos containing products including products in which asbestos is a contaminant. Asbestos claims 10,000 American lives each year.

Head of epidemiology at the University of London Julian Peto, head of epidemiology at the University of London, who wrote the January study on the Euro-epidemic, says there's no safe way to use asbestos in developed nations. In developing nations, where there is little money for protective clothing and ventilation systems, workers are being poisoned by the thousands, he said. "There is no way you can control it in Britain, let alone the third world," Peto says.

European Union Members Ten European Union members have banned asbestos. France, which banned it in 1997 for health reasons, now faces a Canadian challenge at the WTO. Canada argues the ban violates Canada's rights under international trade rules.

University of California's Medical School In a speech delivered last year before an audience of occupational health professionals from around the world who had gathered in Italy, Dr. Joseph LeDou of the University of California's Medical School attacked Canada's asbestos-promoting efforts. LeDou said Canada was engaged in "the exploitation of ignorance and poverty" in Asia, Africa and Latin America." He accused Canadian policy makers of "setting up the developing world "for an epidemic of asbestos-related disease, the costs of which will fall on countries that can ill afford it."

South Korea announces plans for total asbestos ban by 2009 A total ban on the manufacture, import and use of asbestos has been announced by the South Korean Ministry of Labor. Under the plan, the Ministry will restrict use of products containing asbestos step-by-step through 2008 to allow for the examination of possible substitutes.

South Korea announces plans for total asbestos ban by 2009 The total ban will go into effect in 2009, after which all asbestos-removal companies will be required to register with the Ministry and all articles which involve the use of asbestos will be removed according to Korea’s construction laws and regulations. In making its announcement, the Korean government notes that asbestos (also known as ``death dust') has been banned in a number of developed countries for many years.

In Canada In Canada, people working with asbestos are forced to limit their exposure to the fibres. Consumer products that release asbestos fibres into the atmosphere are banned, and the sale of loose asbestos to consumers is prohibited under law.

Heed students and Ban Canadian Asbestos, say health, environment and social justice organizations OTTAWA, June 1 /CNW Telbec/ - Twenty of Canada's foremost health, environment and labour organizations are urging Canadian Parliamentarians to heed the call to ban Canadian asbestos being brought to Ottawa by three Grade 10 students from northern British Columbia.

Canada's deadly trade in asbestos by Mark Bourrie Ottawa, March 25 -- Canada is starting work this summer on a billion dollar project to renovate its parliamentary buildings and cleanse them of asbestos, which has been found to cause cancer. The project will take six years to complete but, in the meantime, Canadian government agents are still pushing exports of the fibre. Canada even has gone so far as to argue a challenge at the World Trade Organization that a proposed French ban on asbestos imports would be an illegal trade practice.

Canada's deadly trade in asbestos Despite recent warnings that asbestos was the cause of 500,000 cancer victims in western Europe alone, Canadian asbestos producers continue to promote and sell their fibre worldwide - especially to developing nations

STOP KILLING THE FUTURE If justice on consumer right is accepted, Canada must cease to practice double standard on consumer right by stopping exportation asbestos to any country.