Displaying items by tag: Legal
NGOs accuse Lafarge of crimes against humanity
15 May 2018France: Sherpa and the European Center for Constitutional and Human Rights (ECCHR) have argued that Lafarge should be indicted for complicity in crimes against humanity. The non-government organisations (NGO) have made the argument for the accusation in a memorandum to investigative judges examining Lafarge Syria’s conduct. Despite the indictment of several Lafarge executives the NGOs want to the charges to apply to Lafarge itself as a company. The cement producer allegedly paid extremist groups to keep a cement plant operational after the outbreak of war in the country.
“Companies have the means to fuel armed conflicts by doing business with regimes or armed groups who commit war crimes and crimes against humanity. The fight against multinationals’ impunity will necessarily imply holding them to account, in particular in countries where parent companies operate and control their subsidiaries’ activities worldwide. Access to justice for thousands of victims of armed conflicts depends on it,” said Sandra Cossart, director of Sherpa.
Pakistan: The Peshawar High Court has stopped construction of a cement plant by Fecto Cement at Palai in Malakand. Opponents of the project cited environmental and health concerns, according to the News International newspaper. Fecto Cement announced plans for its new 6000t/day plant in February 2018.
France: Jacob Waerness, the former security chief at Lafarge Syria, has been arrested in Paris. He was taken into custody in early May 2018 while transferring between planes at the Charles de Gaulle airport, according to Le Monde newspaper. He was arrested on charges of financing terrorism. Waerness worked as the head of security for Lafarge in Syria from 2011 to 2013. He published a book about his experiences in 2016.
Pakistan: Cement producers have proposed finding an alternative water source in a case about the Katas Raj Temples being adjudicated by the Supreme Court. They have also agreed to pay the Punjab government for any water they use until then, according to the Statesman newspaper. The court was investigating allegations that the pond at the Hindu heritage site was drying out due to water consumption by nearby cement plants.
Bestway Cement and DG Khan Cement proposed that they would submit up to US$17m and US$4m respectively as security deposits until they find alternative water sources. They have also proposed building a small dam in the area, the outflow of which will be maintained in a way that the pond at Katas Raj is not adversely affected. Local cement plants of the two companies are currently using water from nearby river and underground sources.
Supreme Court asks cement producers near Katas Raj Temples to consider payment plans for water
04 May 2018Pakistan: The Supreme Court has asked cement producers using water near the Katas Raj Temples in Punjab to submit recommendations for a policy on how they should pay for the resource. The court noted that the companies have used water worth ‘billions of rupees’ without any payment, according to the Pakistan Observer newspaper. Chief Justice Mian Saqib Nisar criticised a local government official, “for giving away everything for free.” The court has been investigating media reports that the pond at the Hindu heritage site was drying out due to water consumption by nearby cement plants.
National Company Law Tribunal asks Binani Cement creditors to consider offer from UltraTech Cement
03 May 2018India: The National Company Law Tribunal (NCLT) has asked the Committee of Creditors (COC) of Binani Cement to consider UltraTech Cement's revised offer. It has also set 24 June 2018 as the completion deadline of the insolvency resolution process, according to the Press Trust of India. The NCLT also asked the COC to reconsider the resolution plan of Rajputana Properties if the subsidiary of Dalmia Bharat Group was willing to raise its offer over UltraTech Cement’s.
A consortium led by Dalmia Bharat won an auction for Binani Cement with a bid of US$974m in early March 2018. UltraTech Cement then made a direct bid to Binani Cement a few weeks later. However, the Supreme Court blocked UltraTech Cement’s offer in mid-April 2018. UltraTech Cement has since made a raised offer to the resolution professional handling the insolvency process of Binani Cement.
France: The French government reportedly asked the US not to target Lafarge Syria’s Jalabiya cement plant during military operations in 2014. Emails seen and reported upon by Reuters suggest that France's Syria envoy, Franck Gellet, asked the French Foreign Ministry to protect the cement plant while it was in Islamic State controlled territory. The request to ‘not to do anything about this site without checking with us first’ was then passed to US officials. Neither the French Foreign Ministry nor LafargeHolcim commented on the emails when asked by Reuters.
LafargeHolcim is being investigated in France over claims that Lafarge Syria had paid extremist groups to keep a cement plant operational after the outbreak of war in Syria. Six former Lafarge executives have been charged so far with financing a terrorist organisation.
India: UltraTech Cement has raised its direct offer to buy Binani Cement to US$1.21bn. Previously it made a direct offer of US$1.11bn to Binani Cement in the form of a so-called ‘comfort letter’ that Binani Industries used to stop the insolvency process. UltraTech Cement made this latest offer to the resolution professional handling the insolvency process of Binani Cement, according to the Economic Times newspaper. The move follows a decision by the Supreme Court on 13 April 2018 to block UltraTech Cement’s first offer. However, the court will consider a plea by a group of operational creditors that is backing the higher offer in late-April 2018.
France: Sonia Artinian, Lafarge’s human resources director from 2013 to 2015, has been charged ‘endangering the lives of others’ during operations in Syria. However, she avoided being charged for financing a terrorist organisation instead being granted ‘assisted witness’ status, according to the Agence France Presse. LafargeHolcim is being investigated in France over claims that Lafarge Syria had paid extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria. Six former Lafarge executives have been charged so far with financing a terrorist organisation.
India: The Binani Operational Creditors Forum (BOCF) is seeking a forensic audit of the insolvency resolution process of Binani Cement due to an alleged lack of transparency. The forum has filed a petition in the Supreme Court, according to the Press Trust of India. Binani Cement owes about US$1.07bn to its creditors.
The Supreme Court previously blocked an out-of-court offer by UltraTech Cement for Binani Cement. A consortium led by Dalmia Bharat won an auction for Binani Cement with a bid of US$974m in early March 2018. However, UltraTech Cement then made a direct bid to Binani Cement a few weeks later. According to the BOCF, the operational creditors are expected to only receive US$23.2m from a total exposure of US$107m if the bid from Dalmia Bharat is allowed to complete.