Industry Attacks Consumers Historic Win Against Chrysotile Asbestos
Just when you thought you had seen it all, you realize you were wrong. For decades, asbestos stakeholders lied and colluded to promote sales of a substance they knew was dangerous. They continuously misled workers, regulators and the public. Multiple strategies were devised to corrupt the scientific process and manipulate international agencies, regional bodies and national governments. Lawyers, scientists, politicians, spies and public relations specialists were recruited to drown out the voices of dissent at home and abroad. The industry’s successes were measured in generous salaries, substantial corporate profits and shareholders’ dividends.
This year, an asbestos trade association – Indonesia’s Fibre Cement Manufacturers’ Association (FICMA) – is trialing a new stratagem designed to accomplish two objectives: counteract an unfavorable Supreme Court ruling and cower campaigners brave enough to challenge the industry’s dominance. The audacity of this legal manoeuvre is breathtaking and, to my knowledge, totally unprecedented.
Background
In December 2023, Indonesia’s Supreme Court was petitioned to undertake a judicial review of regulations which failed to protect consumers from hazardous exposures to asbestos-containing roofing material.1 Leo Yoga Pranata, a representative from LPKSM Yasa Nata Budi – the consumers’ protection organization backing this action – explained:
“Basically, we demand the right to good and correct information for every product containing asbestos that is circulating and sold on the market. We demand that every product include a label containing information related to the procedures for using asbestos content as it is a hazardous and toxic material that is carcinogenic (causes cancer).”2
On March 19, 2024, the Supreme Court handed down a landmark ruling which mandated that all asbestos-containing roofing products sold within the country must feature warning labels in Bahasa, the official language of Indonesia. For years, asbestos-cement roofing has been a popular choice for Indonesian consumers despite warnings by international agencies about the cancer hazards posed by the use of asbestos material. There is little doubt that with hazard warnings in place, some consumers would choose to use asbestos-free roofing products.
For the anticipated loss of revenue to the asbestos sector, FICMA is suing LPKSM Yasa Nata Budi for 7.9 billion Rupiah per month (US $520,000) for “opportunity” loss of earnings; if LPKSM Yasa Nata Budi fails to pay the monthly compensation, FICMA is demanding an additional daily fine of 5 million Rupiah.
Reactions to FICMA Legal Attack
In an email received from Mr. Pranata earlier this month, he reiterated the motivation for the actions taken by the consumers’ organization:
“When we took our case to the Supreme Court (2023), we did so to uphold our duty as a consumer protection agency to defend the rights of consumers to have clear, honest and accurate information on asbestos roofing products sold throughout the country. The victory in the Supreme Court reinvigorated our fight to protect consumers from potentially deadly exposures which could cause them to develop asbestos-related cancers and respiratory diseases. We were surprised by the ferocity of the asbestos industry’s reaction to the verdict and to the lawsuits they lodged against the civil society campaigners and legal advisers who were seeking to save the lives of innocent workers and consumers.” 3
Civil society organizations – including the Indonesian Ban Asbestos Network (INA-BAN), the Local Initiative for OSH Network (Lion, Indonesia), the independent community Consumer Protection Institute and the Yasa Nata Budi Foundation – have rallied to support LPKSM Yasa Nata Budi.4 Colleagues from Australia’s Union Aid Abroad – APHEDA, trade unionists in Australia and around the world and representatives of asbestos victims’ support groups are also pledging support for their Indonesian colleagues. Reacting to the news of FICMA’s legal attack, Phillip Hazelton, Coordinator for APHEDA’s Eliminating Asbestos Related Diseases program, said:
“The Supreme Court’s March 2024 decision was a historic landmark in Indonesia’s fight against chrysotile asbestos. It is unconscionable that FICMA would seek massive damages from a consumer organization after a Supreme Court win when they are seeking to protect the Indonesian public from future hazardous asbestos exposures and therefore future cancers.
Australians know full well the horrific human and environmental consequences of chrysotile asbestos use. Although Australia banned all types of asbestos, including chrysotile (white asbestos) in 2003, our historic use of asbestos, and that legacy of use continues to kill more than 4,000 Australians annually. Do-it-yourself home renovations that disturb the material, or handling recycled old roofing sheets for example, are major risks of exposure. We stand beside LPKSM Yasa Nata Budi in this case and in their efforts to protect workers and consumers. Globally, 70 countries and territories have banned chrysotile asbestos import and use. That’s because asbestos is killing more than 210,000 workers every year according to the ILO and WHO.”5
October 14, 2024
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1 Ajat Sudrajat, A, Kazan-Allen, L. Victory in Indonesia! May 1, 2024.
http://ibasecretariat.org/as-lka-victory-in-indonesia.php
Reynolds, Z. Corporate Bullies: Asbestos manufacturers sue ban asbestos campaigners. Accessed October 2, 2024.
https://www.apheda.org.au/corporate-bullies-asbestos-industry-in-new-bid-to-sabotage-public-health-and-safety-in-indonesia/
2 Negara Harus Lindungi Masyarakat dari Debu Asbes [State Must Protect Society from Asbestos Dust]. December 29, 2023.
https://mediaindonesia.com/humaniora/640808/negara-harus-lindungi-masyarakat-dari-debu-asbes
3 Email from Leo Yoga Pranata received October 2, 2024.
4 Reynolds, Z. Corporate Bullies: Asbestos manufacturers sue ban asbestos campaigners. Accessed October 2, 2024.
https://www.apheda.org.au/corporate-bullies-asbestos-industry-in-new-bid-to-sabotage-public-health-and-safety-in-indonesia/
5 Email from Phillip Hazelton October 14, 2024.
