Wednesday, January 27, 2010
Deceptions: Laki sa Gata
Tuesday, January 26, 2010
On Apparent Authority for Cebu Pacific and Nestle Philippines: Repost from Emil Jurado, Manila Standard January 26 2010
Paul Bulcke: Legal or Moral? Hmmm. Sounds Familiar!
"...He should face such cases. I share the view that if you want to be President, you should act responsibly and show leadership,' he added.
--excerpt from the Philippine Daily Inquirer Article, 'Villar should face music, says worried Ocampo'
"...We can translate this as follows: 'The noble man places honor before self-interest; the lowly man puts self-interest before honor.'
".. Their moral content remains the same: They prove that the highest official of the land violated public morality. He placed his own self-interest ahead of the public good.
Monday, January 25, 2010
Lessons from Rosa Henson and Japan: Hey Nestle Philippines, Read This!
A lot of us may have forgotten already but in 1992, when Rosa Henson was already 65 years old, she announced to everyone her World War II experience – known only by two people she held dear –her mother and deceased husband. She was a wartime prostitute by the Japanese Imperial Army. She was a Comfort Woman.
Her public statements gave more than two hundred other Filipinas and countless others in China and Korea to have the courage and come out in the open to say that indeed they were kidnapped, raped and forced to be prostitutes of the Japanese military.
Their plight, as a wartime Japanese soldier described, “The women cried out, but it didn't matter to us whether the women lived or died. We were the emperor's soldiers. Whether in military brothels or in the villages, we raped without reluctance."
One of the women, when she testified in US Congress said, "Many stories have been told about the horrors, brutalities, suffering and starvation of women in Japanese prison camps. But one story was never told, the most shameful story of the worst human rights abuse committed by the Japanese during World War II: The story of the “Comfort Women”, the jugun ianfu, and how these women were forcibly seized against their will, to provide sexual services for the Japanese Imperial Army. In the so-called “Comfort Station” I was systematically beaten and raped day and night. Even the Japanese doctor raped me each time he visited the brothel to examine us for venereal disease."
The Japanese government, immediately after the war, destroyed all documents referring to their creation of their own sex-slave industry and up to 1990 said that it had nothing to do with creation of “Comfort Stations”, insisting that either they do not exist (there was no written evidence according to them!) or if they did, they were run by small scale private enterprise.
In spite of Japan’s statements, the United Nations conducted their own research of what had happened and discovered through a series of eyewitness investigations that indeed the then Japanese government systemically created the “Comfort Stations” in response to the request of their military to keep up the morale of their troops.
Japan, eventually relented and finally admitted their systemic fault for the creation of these brothels during the war.
Rosa Henson died in 1997 but not before she received Japan’s formal apology and getting the atonement recompense.
I was not there when she passed away but I can imagine that she did so in peace.
***
There are several comments close to home that come to mind after reading the above:
Does the existence of an incident depend on the availability of written evidence? Apparently, Japan – the third biggest economy in the world – thought so. Hmmm. Sounds familiar.
Japan is one of the most progressive countries and has actually given a lot aid, economic and otherwise, to a lot of third world countries especially after the war. Do their current actions absolve them of the prostitution atrocities they committed in the past? Hmmm. Sounds familiar again.
It doesn't take a genius to know what the answers are. Unfortunately, there are really idiots and morons around especially in THAT company. Tsk, tsk.
Tuesday, January 19, 2010
SPAM Scammers
Haha! In an attempt by whoever to get personal information from FRR, they email saying that I won a lot of money! One says FRR wins GBP500k and the other GBP950k! That's a lot of money except that 1) FRR knows you are a scammer and 2) This is never about money! This is hilarious. I could be laughing my way to the bank. Oooops, pun not intended. :)
Thursday, January 14, 2010
NESTLE PHILIPPINES: SHAME ON YOU! - Repost from Ducky Paredes, Malaya, January 14 2009
A Battle of Dragons
“’Apparent Authority’ is a term used in the law of agency to describe a situation in which a principal leads a third party to believe that an agent has authority to bind the principal, even where the agent lacks the actual authority to do so.”
by Ducky Paredes
In the Chinese calendar, 2010 is the year of the metal tiger, when we should focus on certain character traits that will ensure prosperity and success for the whole year round. The qualities associated with the metal tiger are persistence, strength, and determination.
These are what friends who have gotten a raw deal at the hands of a contentious multinational need to eventually get their due.
You all know this company by now — it manufactures and markets a wide range of mass consumer products and, I’ve written about these problems several times.
Apparently, finally, after years of enduring abuse at the hands of this multinational, a number of its Central Luzon distributors have organized themselves and are now poised to fight back. Perhaps the year of the metal tiger has finally inspired them to stand up against a supposed corporate bully — a “Crouching Tiger”, ready to pounce on its tormentor and defend itself.
Based on reports, the last straw for these outraged – and mostly debt-ridden – distributors came when an internal scandal broke out that caused them to lose tens of millions of pesos individually. Unfortunately, after repeated attempts to air their grievances to the multinational, the response they got has allegedly been the formal equivalent of a shrug and an eye-roll.
Their troubles s began when the multinational’s Regional Sales Manager (RSM) for Central Luzon instructed her distributors to give an unheard-of discount (purportedly 10% to 12%) to one particular company. Since distributors are only allotted a 4% discount, some questioned how they could possibly still stay in business, losing 6% to 8% at each transaction. (A funny supposedly Chinese quote is: “Hindi bale malugi sa bawat benta basta kita sa lahat.”)
The answer to their conundrum came when Ms. RSM allegedly wrote them letters – using the multinational’s official letterhead, no less – promising that the multinational would definitely reimburse the difference. Given this directive and the document to back it up, the Central Luzon distributors had to comply.
The extremely fortunate recipient of these massive discounts was now in a position where it can undersell all other distributors, which it did, except those in Central Luzon, from where its cheap goods were coming. This privileged company apparently did just that, targeting Metro Manila wholesalers. Eventually, the multinational’s Metro Manila distributors began crying foul, wondering how a distributor from another area could possibly be selling the goods at such low prices. When they asked company officials to explain this puzzle, the multinational’s clarification supposedly went something like this: “I don’t know how that company does it, all I know is that they are able to do it. If your sales are suffering because you can’t find a way to match their price, then that’s your problem, not ours”.
Because of this, and faced with an illogical situation, a number of Metro Manila distributors had to absorb their losses; the smarter ones stopped dealing with this multinational
Meanwhile, over at Central Luzon, things began heating up when not a single distributor received the promised reimbursements from the mother company. This reached a bitter climax when the checks issued by the discount-privileged customer even started to bounce. Lo and behold – upon further investigation, it was discovered that the person running the company was the husband of Ms. RSM! Can you say “conflict of interest”?
Adding insult to injury (or lawsuit to malice) was the fact the checks that bounced were under the bank account of Ms. RSM herself.
At present, Ms. RSM is nowhere to be found, and is presumably in hiding with her husband. In their wake, they left behind total losses (from both Central Luzon and Metro Manila distributors) reportedly amounting to approximately P1 billion. More tangibly, hundreds of jobs and financial futures were ruined because of this purported scam.
The multinational – let’s call this the “hidden dragon” because of the way it presents itself as a family-oriented, wholesome company while, in reality, practically a criminal enterprise – seems to have washed its hands of the situation. Perhaps what they don’t realize is that under the legal principle of “Apparent Authority”, this multi may be in a real bind.
“Apparent Authority” is a term used in the law of agency to describe a situation in which a principal leads a third party to believe that an agent has authority to bind the principal, even where the agent lacks the actual authority to do so. In such circumstances, the law holds the principal liable for the acts of the agent, out of fairness to the third party.
Considering that the multinational had every chance (and the obligation to do so, since the RSM was apparently up to no good and it was the multinational’s duty to stop her) to correct the anomaly during its early stages (but instead chose to pursue their sales targets), this “hidden dragon” may soon be forced out of its cave and tamed in a court of law.
Hopefully.
Sunday, January 10, 2010
Brisbane City Council Ignores Neighbourhood Plan and Residents
When this blog was started, its aim was to expose the wrongdoings of one particular multinational, to provide a voice for the small against the big and powerful, to FIGHT FOR WHAT IS RIGHT. I realize now that this can be a tool for others to air their concerns which, if left to the bullies alone, will forever remain ignored. Let's see if we can change the age-old adage of 'you can't fight city hall.' This incident just happened recently:
Residents of Retreat St, Bridgeman Downs, were delighted when they received from council the final draft of the Bracken Ridge and District Plan. It’s intent was to give future certainty to councilors, developers and more importantly, the residents. The new plan ensured the retention of the quiet, leafy character of their street. Little did they know that the plan they (councilors and residents) had worked on for over 5 years, would mean nothing when the council ignored all aspects of this new plan when considering a new development application for the street.
Thursday, January 7, 2010
It Really IS a Pattern!!!
Another Nestlé Scandal |
Nestlé's money grabbing demand on Ethiopia has refocused attention on the activities of this Swiss based multinational, the largest food processing company in the world. Nestlé is at the centre of another scandal. On 22 November the DAS security police ordered Nestlé Colombia to decomission 200 tons of imported powdered milk. The milk had come from Uruguay under the brand name Conaprole, but the sacks had been repackaged with labels stating they had come from Nestlé's Bugalagrande factory, and stamped with false production dates of 20th September and 6th October 2002. The real production dates were between August 2001 and February 2002. The discovery of another 120 tons on 6th December with similarly false country of origin and production dates, points to systematic fraud. Yet Nestlé responded indignantly, apparently it has been the victim of a set up, and in any case powdered milk has for industrial purposes an eighteen month lifespan. This bluster begs the obvious question, why relabel at all? The discoveries caused a stir, with senators insisting the Attorney General conduct a full inquiry leading to prosecutions. The quality of Colombian justice, especially its partiality towards multinationals, is such that this must be in question. Nonetheless Nestlé has been sharply condemned. Senator Jorge Enrique Robledo charged it with using sub-standard, contaminated milk, "a serious attack on the health of our people, especially the children". The latest outcry amplifies persistent complaints from the trade unions that Nestlé does not respect human rights. Since the 'dirty war' erupted in the early 1980s, Colombian trade unionists have been on the front line of targeted, but unofficial, repression. The Food and Drink Workers Union SINALTRAINAL was formed in 1982. Eight of its members working at Nestlé have been assassinated. The principal perpetrators are the paramilitary death squads. Their links with official entities are an open secret. For example, the Autodefensas Unidas de Colombia (AUC) arrived in the Cauca valley in 1999. Human Rights Watch reports that it was the Colombian army who set up this new AUC front (http://www.hrw.org/reports/2001), which declared local union leaders as military targets. Within six months six trade unionists had been assassinated, including SINALTRAINAL member Omar Dario Rodriguez Zuleta in Bugalagrande on 21 May 2002. There is no evidence connecting Nestlé with this. However the logic of the violations, to eliminate trade unionists and other social movement activists, corresponds with the company's own aggressive policy to liquidate the union. In late 2001 management at another Nestlé subsidiary 'Comestibles La Rosa' threatened workers that they must either renounce union membership or lose their jobs. In February 2002 the union formally presented demands to Cicolac, Nestlés milk processing subsidiary. Management tried to break the collective agreement covering 400 workers, sack 96 workers and break the contracts of another 58 workers so that there jobs could be contracted out through labour agencies. Sub-contracting and cheaper inputs are two aspects of the same drive to cut costs. This brings us back to the cheap powdered milk imports. According to SINALTRAINAL, Nestlé-Cicolac's new policy 'has generated misery for small and medium dairy farmers and for peasants'. One area known as 'Little Switzerland', where livelihoods depend 90% on milk output, has been devastated. SINALTRAINAL is a very good example of how workers in the 'Third World' have taken the initiative in resisting the multinationals. As they say:
These developments present a challenge to the movement in Britain, where labour relations with Nestlé have been relatively benign. Nestlé even had a stand at last year's TUC annual conference, jointly staffed by corporate executives and union representatives. It is time for a more robust and independent approach, based on relationships with unions like SINALTRAINAL in Colombia, and elsewhere to make common cause against a rapacious multinational. http://www.colombiasolidarity.org.uk/content/view/175/54/ |
Tuesday, January 5, 2010
Keep it Coming!
Wow. From the Company who had an Entire Philippine Campaign on "Reading the Label"
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Nestle rebuked by the FDA for misleading nutritional labeling
December 25, 2009 | 9:02 am
The Food and Drug Administration came down on Nestle earlier this month for marketing its childrens’ juice boxes as “medical” foods.
In a Dec. 3 letter, the FDA said the company mislabeled its Boost drink, which comes in flavors like chocolate, vanilla and strawberry, “as a medical food for the medical condition of ‘failure to thrive’ and also for ‘pre/post surgery, injury or trauma, chronic illnesses.’” According to federal guidelines, the letter explains, “medical foods must be for the dietary management of a specific disorder, disease, or condition for which there are distinctive nutritional
requirements and must be intended to be used under medical supervision.”
Not sure “failure to thrive” really counts as a disease.
But wait, there’s more. A second letter dated Dec. 4 criticizes Nestle’s Juicy Juice line for, among other things, claiming the drink “helps support brain development” in children younger than 2. Also, the letter said the labels “may lead consumers to believe that the products are 100% orange/tangerine juice or 100% grape juice when, in fact, they are not.”
A Nestle representative told Reuters that the company would fully cooperate with the FDA. But Nestle isn’t the first company to be accused of playing fast and loose with food labels to tug on those parental guilt strings -- there are many more common claims that may not raise federal ire. Think of the phrases “whole grain” and “good source of ___.” Check out Consumer Reports’ ShopSmart guide to tricky lingo -- No. 6 on the list, regarding Cheerios and the lowering of cholesterol, might sound remarkably similar to the FDA’s issue with Nestle.
Children aren’t savvy enough to read between the marketing lines, so their parents must learn to be. No excuses -- it’s often as simple as turning that juice box over to check out the ingredients and thenutrition label.
-- Amina Khan
http://latimesblogs.latimes.com/booster_shots/2009/12/nestle-fda-juicy-juice-boost-nutrition-label.html
Why am I not surprised? There seems to be, or more appropriately, there IS a pattern of guile and chicanery in the way Nestle operates in different countries. Tsk, tsk. Skillful wording on products to make consumers believe there is more inside the box than there really is.
This reminds me of the episode of Madmen where the Ad Agency alongside their Lucky Strike client were shot down by the US FDA for claiming that cigarettes were not unhealthy! Oh, by the way, the show's setting was in the 50's. Hello, Nestle, this misleading style was so fifty years ago.
Honesty? Integrity? Fairness? Nestle's core values are really nothing more than lip service.
Monday, January 4, 2010
Corporate Hypocrisy: A Study in Contrasts
Per the Filipino press article (inset), Nestle Philippines Inc. just embarked on strengthening its human resource pipeline through its Management Immersion for Leadership Excellence or MILE program (I really don't know why acronyms are "in" thing in corporations but then that's a another story). The top executives of the company were presenting Nestle business cases to the students/would-be employees in a bid to recruit them to be the next generation business leaders of this giant multinational company. Their selling point - "This is how we build champions." Their theme -" See the Nestle difference." Wow. Great salesmanship. Great program. Great company.
Or is it?
Did they include in their business case presentations anything that has to do with Corporate Ethics? How does Nestle treat its Filipino SME partners?
Yup, they do build champions - Champions of corporate greed, Champions of bullying the small companies, Champions of anti-trust practices, Champions of covering their own asses.
Yup, we see that Nestle difference - how to use size to bully, prolong and weasel itself out of clearly ethical, moral and legal issues it gets involved in.
Just look at the previous articles of this blog to see what kind of Champions Nestle builds and the difference Nestle makes.
Is there any better form of showing hypocrisy by Nestle than putting out press releases that contradict its own actions? Or by creating a student recruitment program without disclosing its own violations of its values? Please, Nestle, please show the recruits, the students, and us more of who you are.