|"Many energy companies have invested in closed or repressive countries -- arguing that their investment would help develop the local economy and thereby improve the human rights situation. But in this case, Enron has invested in a democratic country -- and human rights abuses there have increased. Enron hasn't made things better for human rights; it has made things worse."||
Responsibility: Financing Institutions and the Government of the United States
Table of Contents
V. Ratnagiri: Violations of Human Rights 1997
VIII. Responsibility: Financing Institutions and the Government of the United States
Appendix A: Correspondence Between Human Rights Watch and the Export-Import Bank of the United States
Appendix D: Correspondence Between the Government of India and the World Bank
The U.S. Government
On June 16, 1998, the secretary of state for the United States government, Madeleine Albright, outlined the goals of United States foreign policy, in a speech to the Senate Appropriations Committee: We all agree that the United States is, and should remain, vigilant in protecting its interests, careful and reliable in its commitments and a forceful advocate for freedom, human rights, open markets and the rule of law.272
[T]he negotiators for the Enron Corporation, the lead bidder in an American consortium, have been shadowed and assisted by a startling array of Government agencies. In a carefully-planned assault, the State and Energy Departments pressed the firms [Enron, General Electric, and Bechtel] case. The American ambassador to India, Frank G. Wisner, constantly cajoled Indian officials. The Secretary of Energy, Hazel OLeary, brought in delegations of other executives...to make the point that more American investment is in the wings if the conditions are right.
To sweeten the pot, the Export-Import Bank of the United States and the Overseas Private Investment Corporation put together $400 million in financing. And working just behind the scenes, as it often does thesedays, was the Central Intelligence Agency, assessing the risks of the project and scoping out the competitive strategies of Britain and other countries that want a big chunk of Indian market.274
The lobbying effort extended to the point of cautioning the Indian government to allow the project or face the consequences. For example, when the agreement was suspended by the newly elected Shiv Sena-BJP government in 1995, the U.S. Department of Energy issued a very strong statement threatening that the projects cancellation would seriously jeopardize U.S.-India relations and Indias ability to attract foreign investment:
We strongly support the reform process in India and believe that bringing private power is central to Indian economic development. The counter-guarantees that the Indian government has committed to provide for the first fast-track projects are essential to move those projects forward and establish a strong track record with international investors. While we recognize the need to limit the number of such guarantees, it will take time to bring alternative financing packages to market.
The first of these power projects, Enron's Dabhol Project, has already reached financial closure and is under construction, sending a positive signal to international investors about the future of the Indian market. Failure to honor the agreements between the project partners and the various Indian governments will jeopardize not only the Dabhol Project but also the other private power projects being proposed for international financing.275
The statement was so strong that other U.S. officials, namely Amb. Frank Wisner, had to reassure officials of the Indian government that the U.S. Energy Department did not have the authority to cancel or block foreign investment in India. Instead, Wisner argued that the intent of the statement was to advise India that cancellation of the project would make it more difficult to attract foreigninvestment.276 Wisners support for the company and the project was steadfast. According to the Far Eastern Economic Review:
Enron found a powerful ally in the U.S. government. Ambassador Frank Wisner took up Enrons cause and hammered home to Indian officials that the two countries newly established business ties would suffer if the Dabhol project were canceled altogether. The backing of Wisner...speaks volumes for Enrons ability to rope powerful people in to help their cause, says a top official in the Power Ministry who was with the Power Ministry when the Dabhol deal was initially cleared. The Indian government was clearly intimidated by Enrons clout.277
Commenting on his role, Wisner told Human Rights Watch, I did say that cancellation of the deal could jeopardize foreign investment in the country. There were many statements about the project at the time, I was the ambassador and authorized all of them and stand behind every one of them.278
Look into the facts carefully about protests. They were not protestslocal villagers didnt like the amount of money they got from Enron in compensation and wanted to get more from the company. I do not know about the record of the Maharashtra police and dont know whether there were any human rights violations. I am not aware of what went down in the village, but they were probably exaggerated. I have never seen any information on human rights violations related to Dabhol and cant say anything about them. If you think there are human rights violations, you should go down to India and get the facts. If you want to know about human rights, talk to the Maharashtra Police. I dont know anything about the protests and suggest that you go to India and find out. Why do you want to talk to me?283
When we informed Mr. Wisner that we had investigated human rights violations in the area, he replied, Well then, you have all the information you need. Why do you need to talk to me? I told you what I think of the project and my opinions.284
273 This is not the only instance of concerted U.S. government lobbying for Enron. In 1995, according to the Houston Chronicle, U.S. officials lobbied the government of Mozambique to award Enron a $500-million contract to develop the Pande natural gas field. The companys primary competitor was Sasol, a South African firm. John Kachamila, then Mozambiques minister of mineral resources, told the Houston Chronicle: There were outright threats to withhold development funds if we didnt sign, and sign soon. Their diplomats, especially Mike McKinley [deputy chief of the U.S. Embassy], pressured me to sign a deal that was not good for Mozambique. He was not a neutral diplomat. It was as if he was working for Enron. We got calls from American senators threatening us with this and that if we didnt sign. Anthony Lake [U.S. national security adviser] even called to tell us to sign... They put together a smear campaign against us... Enron was forever playing games with us and the embassy forever threatening to withdraw aid. Everyone was saying that we would not sign the deal because I wanted a percentage, when all I wanted was a better deal for the state... So Enron caved in to our demands, especially after the World Bank commissioned a study that found many of our concerns were warranted. Now let me ask you: Who is corrupt here? To me it is Enron for trying to shove this rotten deal down our throats. In the same article, the Chronicle quoted an unnamed State Department official saying, This project represents tax revenue, hard currency earnings in a big way for the Mozambican state... If the Mozambicans think they can kill this deal and we will keep dumping money into this place, they should think again. At the time, $1.1 billion of the government of Mozambiques $1.5-billion budget was financed through foreign aid, at least $40 million from the United States Agency for International Development alone. See: John Fleming, U.S. Foreign Aid was Lever that Moved Enron Deal, Houston Chronicle, November 1, 1995.
278 Human Rights Watch telephone interview with former United States Ambassador to India Frank Wisner; New York, July 16, 1998. Other governments would follow suit. The former chancellor of the exchequer for the government of the United Kingdom, Kenneth Clarke, would issue similar statements while leading a trade delegation to India. See: Clarence Fernandez, U.S., Britain Warn India Over Enron Deal, Reuters, June 5, 1995.
279 According to the OPIC Policy Handbook: Other Requirements: OPIC is prohibited by statute from supporting projects that contribute to violations of internationally recognized worker rights. OPIC insurance and finance agreements require the investor to agree to respect these rights, including the rights of association, collective bargaining and acceptable working conditions with respect to wages, hours of work, occupational health
280 From Section 24 of the Policy Manual of the Export Import Bank of the United States. The relevant sections of the human rights policy are as followsDefinition: Human rights are basic protections to which a human being in a given country has a just claim. The United Nations Universal Declaration of Human Rights outlines very broad human rights principles, such as freedom of expression, religion, and assembly, and proscriptions against torture, discrimination and arbitrary arrest. However, there is no internationally accepted definition of what constitutes human rights. Policy: Ex-Im Bank can deny its financing for human rights reasons only if the President, through authority delegated to the Secretary of State, determines that such a denial would be in the national interest. A specific human rights review is conducted by the State Department for every transaction over $10 million to determine if it may give rise to significant human rights concerns. This review examines both the general status of human rights and the effect of the export on human rights in the importing country. Rationale: Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended, was amended in 1978 by P.L. 95-630, 92 Stat. 3724 (the Chafee Amendment). This amendment states that Ex-Im Bank should not deny applications for nonfinancial or noncommercial reasons (i.e., for policy reasons) unless the President of the United States determines that the denial is in the national interest. Interest areas on which a particular transaction may receive a denial include international terrorism, nuclear proliferation, environmental protection and human rights....
288 Letter from the Export-Import Bank of the United States, October 1, 1998. The attached impact assessment is undated and is not sourced, other than a handwritten note to Human Rights Watch stating, From Export-Import Bank Board of Directors Memorandum. The written correspondence between Human Rights Watch and the Export-Import Bank is reprinted in Appendix A below.