Oy Metsä-Botnia Orion Pulp Mill Project - Uruguay Presented by J. Daniel Taillant Center for Human Rights and Environment (CEDHA)

ArgentinaUruguay Rio Uruguay Botnia Ence

Argentina Apparition of foreign papermill - & aware of experiences in Misiones (Arg), Chile, Brazil) – all ECF technology), results in Argentina and Uruguay opposition (before ENCE mill – 1996) Apparition of foreign papermill - & aware of experiences in Misiones (Arg), Chile, Brazil) – all ECF technology), results in Argentina and Uruguay opposition (before ENCE mill – 1996) Uruguayan stakeholders seek collaboration with Argentines Uruguayan stakeholders seek collaboration with Argentines Botnia appears and magnifies problem (tripling ENCE production) Botnia appears and magnifies problem (tripling ENCE production) Assembly meets 2 times weekly to discuss opposition strategy Assembly meets 2 times weekly to discuss opposition strategy Legal Actions considered, fervent protest, and other methods Legal Actions considered, fervent protest, and other methods Assembly links up with CEDHA and files CAO complaint in 9/2005, then others Assembly links up with CEDHA and files CAO complaint in 9/2005, then others Nearly 40,000 people sign complaint (with Power of Attorney) Nearly 40,000 people sign complaint (with Power of Attorney) Assembly Intensifies Opposition to Date Assembly Intensifies Opposition to Date Promises to Oppose Until Botnia Leaves Promises to Oppose Until Botnia Leaves Nascence of Social-Environmental Movement

IFC Sends OK Signal to EDs “Consultations to date indicate that the project enjoys broad public support” IFC’s Environmental Impact Assessment (EIA) Summary Published April 20, 2005

Is this “BROAD COMMUNITY SUPPORT”?!

CAO Audit Findings “IFC’s due diligence to satisfy itself that the EAs were complete in all material respects was inadequate and not incompliance with the organization’s Disclosure Policy” “IFC’s due diligence to satisfy itself that the EAs were complete in all material respects was inadequate and not incompliance with the organization’s Disclosure Policy” Insufficient evidence that proper consultation has occurred Insufficient evidence that proper consultation has occurred Need to generate transboundary trust in Local Communities Need to generate transboundary trust in Local Communities Botnia’s beginning construction undermines legitimacy Botnia’s beginning construction undermines legitimacy Special Efforts must be made to legitimize future studies Special Efforts must be made to legitimize future studies Must study impacts of eucalyptus tree farming on water Must study impacts of eucalyptus tree farming on water Must examine International Law Obligations; MIGA says not needed! Must examine International Law Obligations; MIGA says not needed! Establishes legitimacy of (Gualeguaychú Assembly) Establishes legitimacy of (Gualeguaychú Assembly) IFC Fails to Give Clarity on how it will address Study Flaws IFC Fails to Give Clarity on how it will address Study Flaws “Further technical information and facts will not be sufficient to address the lack of trust that currently exists … More fact, without efforts to build trust and address questions of integrity of process, will not be helpful” “Further technical information and facts will not be sufficient to address the lack of trust that currently exists … More fact, without efforts to build trust and address questions of integrity of process, will not be helpful”

IFC Systematically Tries to Cover Errors IFC Ignores CAO Recommendations and Fails to do consultation before terms of reference for study (violating OP - 12a) IFC Ignores CAO Recommendations and Fails to do consultation before terms of reference for study (violating OP - 12a) IFC Designs 60-day consultation period during holiday season; boycotted by Assembly, Argentina and Uruguay IFC Designs 60-day consultation period during holiday season; boycotted by Assembly, Argentina and Uruguay IFC leaves 1000 residents waiting … IFC leaves 1000 residents waiting … Consultation Concludes Fruitlessly, CAO warns of rushed “fait accompli” attitude Consultation Concludes Fruitlessly, CAO warns of rushed “fait accompli” attitude CAO Publishes Critical Audit of IFC Faults CAO Publishes Critical Audit of IFC Faults Hatfield Report notes missing elements (many in original CAO complaint) Hatfield Report notes missing elements (many in original CAO complaint) Ecometrix Report Published Erroneously and not removed from Website Ecometrix Report Published Erroneously and not removed from Website Conclusions Insult Stakeholders (public will become accustomed to mills) Conclusions Insult Stakeholders (public will become accustomed to mills) Botnia remains silent, but continues construction …

Violent Assembly Members Scare off only IFC Consultation Arranged with Gualeguaychú 900 Assembly Members wait for IFC Consultation Team Which Never Show up!

Findings by Ecometrix “The change to the landscape is a permanent impact, however the public’s response to these new industrial features is subjective and may potentially change over time as the public becomes accustomed to the new landscape. Case studies have shown that tourism can co- exist with pulp mills”.

Argentina Botnia Strikes Last Minute Secret Deal with Uruguay, over ENCE Botnia Strikes Last Minute Secret Deal with Uruguay, over ENCE No Cumulative Impact Study of Mills No Cumulative Impact Study of Mills No site study showing environment/social adequacy (12/1200pp.) No site study showing environment/social adequacy (12/1200pp.) No evidence showing proper use of BAT No evidence showing proper use of BAT No EIA for Chemical Operations No EIA for Chemical Operations No convincing data on impacts on water, air, land, etc. No convincing data on impacts on water, air, land, etc. No Consideration of Reflows and Proper Info on Wind Patters No Consideration of Reflows and Proper Info on Wind Patters No Reliable Information on Tourism/Agro Risks No Reliable Information on Tourism/Agro Risks No Prior and Informed Consultation or Disclosure No Prior and Informed Consultation or Disclosure Failure to obtain Social License to Operate Failure to obtain Social License to Operate No review of International Law Obligations of Uruguay/Argentina No review of International Law Obligations of Uruguay/Argentina Failure to help project hosts (Arg/Uru) to resolve problem Failure to help project hosts (Arg/Uru) to resolve problem Failure to guide sponsors to negotiate with stakeholders Failure to guide sponsors to negotiate with stakeholders Trail of Unacceptable Errors

Argentina IFC was Negligent and Irresponsible fostering 2 Projects that were not in compliance with its own environmental and social policies IFC was Negligent and Irresponsible fostering 2 Projects that were not in compliance with its own environmental and social policies CAO reports were conclusive indicating the many IFC faults CAO reports were conclusive indicating the many IFC faults IFC and Botnia ignored social tensions and the international conflict that have been mounting for nearly 3 years and continued on schedule IFC and Botnia ignored social tensions and the international conflict that have been mounting for nearly 3 years and continued on schedule IFC misjudged as early as April of 2005 regarding supposed “broad public support” for these projects IFC misjudged as early as April of 2005 regarding supposed “broad public support” for these projects The proposed investment is the focus of numerous legal claims, including at International Tribunals and filings in local courts in Arg/URU The proposed investment is the focus of numerous legal claims, including at International Tribunals and filings in local courts in Arg/URU The project sponsor and IFC failed to make efforts to help resolve the conflict that they fueled and instead have worsened the situation The project sponsor and IFC failed to make efforts to help resolve the conflict that they fueled and instead have worsened the situation IFC must not provoke or worsen the conflict IFC must not provoke or worsen the conflict This investment project is the focus of one of the largest recorded local oppositions ever for a Bank sponsored project and is causing dangerous levels of intolerance and hatred between brotherly communities and an open dispute between member government of the World Bank This investment project is the focus of one of the largest recorded local oppositions ever for a Bank sponsored project and is causing dangerous levels of intolerance and hatred between brotherly communities and an open dispute between member government of the World Bank The IFC must abandon its consideration of loans to Botnia at the present site, and should, if anything, help work with project sponsors to study possible relocations, as the SPANISH ENCE is considering. The IFC must abandon its consideration of loans to Botnia at the present site, and should, if anything, help work with project sponsors to study possible relocations, as the SPANISH ENCE is considering. Summary and Conclusions

Argentina Specific Instance Oy Metsä-Botnia Orion Pulp Mill Project - Uruguay Contact Information Jorge Daniel Taillant Center for Human Rights and Environment (CEDHA) Tel Oscar Bargas Citizens Assembly of Gualeguaychú - Argentina Liliana Medina Cocaro MOVITDES – Uruguay Moviemiento por la Vida el Trabajo y un Desarrollo Sustentable