The Anshun plant (安順) run by the China Petrochemical Development Corp (CPDC, 中石化) is a perfect example of the consequences of sacrificing the environment for economic benefits.
The Anshun plant was established in 1942 by the Japanese company Kanegafuchi Soda. After World War II it became one of the more successful state-owned enterprises.
For a long time it produced caustic soda, hydrochloric acid, liquid chlorine and pentachlorophenol. Profits from the plant kept increasing, but it released pollutants such as mercury, pentachlorophenol and dioxin into the environment.
Since 1994, research has revealed severe pollution in the area where the factory once stood. Pollutants destroyed the ability to farm fish in the waters around the plant.
In addition, the dioxin levels in the blood of local residents has been found to be unusually high and the rate of cancer is higher than cleaner places.
But because of obstruction by the polluters, officials have not been able to ascertain who should be held responsible.
In July, an interministerial task force allocated NT$1.3 billion (US$39.8 million) to the area's residents as compensation to cover medical costs over a period of five years.
People who have health problems linked to pollution would receive NT$3,000 per month.
Those who are physically or mentally handicapped or became seriously ill because of the pollution would receive NT$5,840 per month. Relatives of people who died as a result of the pollution would be entitled to NT$200,000 in compensation.
The Tainan City Government is implementing the five-year policy, which involves identifying residents who qualify for the compensation.
This plan is about protecting people's livelihoods and basic rights as well as public interest. Such issues should be regulated by law, as is common in democratic countries with rule of law.
Interpretations 443 and 524 of the Council of Grand Justices address this and say that policies of this kind should be transparent to ensure that the public has adequate knowledge of the workings of the government, and to ensure that no part of the population is exploited.
Article 28, section 2 of the Local Government Law (地方制度法) states that "issues that create, deprive or restrict the rights and duties of residents of local self-governing bodies" must be determined by certain regulations.
If these institutions, in accordance with these regulations, provide a standard for doling out compensation, the law should be published in its entirety. In this way, the people involved can know their rights and obligations.
The problem is that the Tainan plan for doling out compensation is not based on the law or even authorized by regulations. In addition, it has not been published on the city government's Web site. When I asked to see the policy in written form, citing the Freedom of Government Information Law (政府資訊公開法), I only received a draft of the plan before it was revised numerous times.
The institutions I contacted seemed to think that there was no need to make the plan public. I also interviewed local residents to determine how much they knew about the details of the compensation plan.
The results left me speechless -- the details of who will receive compensation and how seem never to have left the city government's offices.
I want to remind the Tainan City Council that it should not abandon its duties, especially at a time when the legislative rights protected by Clause 28 of the Local Government Law might be overstepped.
How we deal with the Anshun plant could become an important turning point that forces us to improve legislation on compensations. After all, this will not be the last incidence of severe pollution.
Wang Yu-cheng is an assistant professor in the Department of Law at National Cheng Kung University.
Translated by Anna Stiggelbout
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