Day 284 - 22 Oct 96 - Page 45


     
     1        cleared within the last 25 years -- they in fact are
     2        prepared to use land deforested, as we have heard, in Costa
     3        Rica, within 10 years, out of their own admission; and,
     4        indeed, the policy they came up with in the courtroom --
     5        which had not been heard before in any documents -- was
     6        they are quite prepared to use land that was deforested a
     7        year earlier if it was the year before they came into a
     8        country; and that applied to Brazil, for example, where
     9        they came in 1979; they were quite prepared to use land
    10        that has been deforested six months or a year -- this is by
    11        their own admission.  Obviously, our case is that they are
    12        still using land which has been deforested and has been
    13        continuously over the last 20 years, in the state of
    14        Gioias.
    15
    16        So what I am saying there is, we would say that
    17        Edie Bensilum has defined for us, in an admission that
    18        McDonald's will accept that "recently deforested" was
    19        within the last 25 years as far as a definition of what
    20        anyone should be concerned about.  We would say it is
    21        longer than 25 years.  But that should be the minimum for
    22        the timescale of concern.  But the reality is, as we have
    23        heard from Mr. Cesca and Mr. Gonzales, that despite that
    24        recognition of concern, McDonald's are prepared to use land
    25        that was deforested a year earlier, in their policy, under
    26        their policy as given on oath in this courtroom.
    27
    28        So we are saying that that policy -- I have sort of moved
    29        on to policy now -- quite clearly offers no protection
    30        whatsoever in certain circumstances where they are about to
    31        move into a country or, indeed, have been in a country for
    32        less than 25 years.  They are breaking their own admission
    33        that they should not be using ex-rainforest land deforested
    34        within the last 25 years.
    35
    36        Obviously, we go further, and we would say that the key is
    37        that forest should not be destroyed and that any
    38        responsible organisation, because of the biodiverse nature
    39        of tropical forest, any responsible organisation would want
    40        those forests to regenerate and, therefore, they should be
    41        left to regenerate; and that should be made completely
    42        crystal clear, so that the people that are destroying the
    43        forest know that there is no prospect that companies are
    44        going to accept their beef supplies -- responsible
    45        companies.
    46
    47        I have kind of ground to a halt here.
    48
    49   MR. JUSTICE BELL:  Yes.  We can break off if you want.  Tell me
    50        what you are going to go on to tomorrow.  Are you going to 
    51        go on to what the evidence is in relation to Brazil, 
    52        Costa Rica and Guatemala? 
    53
    54   MR. MORRIS:   What I was hoping to do, apart from maybe clearing
    55        up a few bits and pieces that I have neglected to say, is
    56        go on to the labelling and import and export policies, and
    57        to see if they are in any way effective.
    58
    59   MR JUSTICE BELL:  Very well.  Do not forget, at the end of the
    60        day, whatever the policy is, whatever the labelling law is,

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