How can a counterpower succeed in changing an organization?
“Never doubt that a small group of conscious and committed men can change the world. This is even how it has always happened. “.Margaret Mead
The fileane.com movement is working to change civilization, that is, to leave our systems of power and reestablish organizations in networks of life. We do not seek to change our systems of power to make them better, our readers understand that it is to remove the nature and process of domination that characterize a system of power; changing leaders, seeking to achieve a more balanced distribution of power within a system will not change the system of power, its culture, its choice to favor one form of property and to prohibit or eliminate other forms of property.
Society blocked by the neo-liberal system
By contrast, imposing the principle of network organization to replace power systems immediately is equally illusory. A culture with its values, norms and ways of life develops among a power and then becomes a counterpower until it becomes the reference culture of the new social organization.
Of course, at some point the shift from one to the other will be dramatic, but in a few revolutionary days the leadership will change, buildings will be moved, old buildings will be destroyed, and new institutions will be opened.
Since 1789, the French custom has translated into these days of crises and revolutions to change our political regimes: our constitutions are often so closed (and the 1958 one confirms this rule) that no way to change the institutions is foreseen, and all constitutions since 1789 were put in place as a result of military wars, civil unrest, and revolutionary days. But our history shows that since 1789 the foundations of the system of power have not changed: the centralism of power inherited from the absolute monarchy was taken over by the new industrial and commercial bourgeoisie, which, through the sacralization of the right of individual property and especially the right of individual property of the means of production, extended its political, economic and social domination.
One class has replaced others in a power that has retained the same system of organization. This is why we say that the last major break in our institutions dates back to the destruction of the network organization of monastic and knight orders, to the destruction of the Temple Order in 1307 from which royal absolutism developed with first the troubles of the Hundred Years’ War and the English challenge of this French royal claim then the Renaissance tried to find a balance between these two organizations in system and networks before Louis XIV was resolutely engaged in royal absolutism.
Today, this is an even more important task, since it is not enough to change the political system, but also to eliminate the influence of theocratic systems of power where they dominate the peoples, that is, on all our continents. The break in Europe dates back to 320 with the Roman Empire which fuses with the establishment of the Roman Catholic theocratic system and the elimination of the networks of Christian communities which practiced the spiritual approach and resisted the dogmatic pretensions of some of its leaders.
Our movement is not involved in any plots against the leaders of our power systems or against the present Anglo-Saxon financial oligarchy. The CIA developed the Conspiracy Theory to counter movements that did not accept the Warren Commission’s official position on the explanation of John Kennedy’s assassination in Dallas. Since then, conspiracies have been made by those who do not follow official information from the leaders of the Anglo-Saxon neo-liberal capitalist system.
The example of social conditioning to obtain the submission freely granted to the leaders of the liberal capitalist system.
It was in 1956 that the German Jewish philosopher Günther Anders wrote this premonitory reflection in his book “The obsolescence of man”.
“To suffocate any revolt in advance, it is important not to do it in a violent way. Archaic methods like those of Hitler are clearly outdated. It is enough to create a collective conditioning so powerful that the very idea of revolt does not will even come to the minds of men. The ideal would be to format individuals from birth by limiting their innate biological skills … …
Then, the packaging would be continued by drastically reducing the level & quality of education, to bring it back to a form of professional integration. An uncultivated individual has only a limited horizon of thought and the more his thought is limited to material, mediocre concerns, the less he can revolt. We must ensure that access to knowledge becomes more and more difficult and elitist .. … that the gap is widening between the people and science, that the information intended for the general public is anesthetized with any content of a subversive character . Especially no philosophy. Again, we must use persuasion and not direct violence: we will massively broadcast, via television, stupid entertainment, always flatters the emotional, the instinctive.
We will occupy the spirits with what is futile and playful. It is good with a chatter and incessant music, to prevent the mind from wondering, to think, to think.
We will put sexuality at the forefront of human interests. Like social anesthesis, there is nothing better. In general, we will make sure to banish the seriousness of existence, to derision everything that has a high value, to maintain a constant apology for lightness; So that the euphoria of advertising, consumption become the standard of human happiness and the model of freedom.
The packaging will thus produce such integration, which the only fear (which will have to be maintained) will be, will be that of being excluded from the system and therefore not being able to access the material conditions necessary for happiness. Man of mass, thus produced, must be treated as what it is: a product, a calf, and it must be monitored as a herd must be. Anything that allows you to put your lucidity to sleep, your critical thinking is socially good, which would risk awakening it must be fought, ridiculed, stifled….
Günther Anders “Obsolescence of man”, 1956.
Any doctrine calling into question the system must first be designated as subversive and terrorist and those who support it must then be treated as such “
Putting in place a counter-power?
We develop a counterpower to eliminate systems of power, suppress the use of private central banks and ruin the financial oligarchy, eliminate religious dogmas that are used to conduct wars, civil conflicts, and legitimize crimes and inequalities of all kinds.
So we begin by specifying how to develop a counterpower capable of overthrowing the current systems of power. This training and learning process is based on theoretical knowledge in the humanities and social sciences and we will then see how to develop local or national counterpowers through two examples: one that raises the difficulty of dealing with the current technocracy, the other that is the most complete and successful example of a counterpower that manages to change mentalities, values of our culture and the law, even if this political action took about twenty years between 1955 and 1975. Citizen networks of life animate the local participatory democracy coordinated through the policies conducted by the confederation, the counterpower develops obviously first at the local or national level.
1) The countervailing power: definition
An organized and structured group that acts to control and limit the power of managers whose excessive abuse could be detrimental to the functioning of the organization or to the interests of stakeholders. Counterpowers ensure that their interests are respected and defended, denounce certain practices and challenge certain decisions.
2) how can a counterpower develop its social influence to change an organization?
2.1 social influence consists of more or less constraining social pressures aimed at changing social behavior.
Forms of social influence.
|compliance or conformism|
|The individual adopts socially approved behaviors. Ex: The conformity of the single thought, the respect of the rules without taking a step back or developing a critical look,|
the fashion of dress, the opinion that one imagines correspond to the wishes of others, the common opinions that all seek to imagine and prevent us from finding our own real opinions
based on facts observable in our lives (see Alain, Mars or the war, 1936)
|Individuals who come together in a group produce collective norms, models of reference.|
Ex: The law, the rules, the safety standards, the skills required to obtain a job, the quality standards, the level of knowledge required to obtain a diploma,
the analyzes and measures to set rules, the standardization of behaviors or material goods, the principle of subsidiarity and the achievement of the optimal solution, …
|An individual’s performance in performing a task is enhanced by the presence of another individual.|
|submission freely consent|
|without pressure from others or with pressure from others (e.g. placing someone in cognitive dissonance to make them react as desired).|
|submission to the authority|
|Individuals have incredible powers of obedience when they are subjected to authority and this will produce behavior that is harmful|
and contrary to their beliefs and conscience
|to act on the interlocutor|
|The influence of active minorities|
|to bring about change and innovation in a group. |
Ex: reference groups, film stars, television stars, celebrities, networks of resistance, groups of precursors or innovators, technology parks,
university campuses, business, research and development, a political movement…
2.2 who prioritizes the means or tools of social influence?
These powers and counterpowers seek to use all of these means of social influence, but some are more suited to the preservation of an established power and others are indispensable to the development of a counterpower.
|Strategies / Use||POWER||COUNTER-POWER|
|Submission to the authority|
|The influence of active minorities|
2.3 The Use of Influence Strategies
|The call to the emotional or emotions|
|The call to a sense of belonging|
|The logical argument|
Influence uses conscious or unconscious strategies that rely on three different types of springs or means of influence.
(a) the appeal to the emotional or emotional
The individual who uses influence will seek to rely on the relational aspect, on the other person’s feelings towards him or her, or on his or her emotions that this influence will arouse. Ex: the creation of atmosphere, the valorization of the other.
b) the call for a sense of belonging
The aim is to build on the fact that the individual belongs to a social group within which behaviors are standardized: a reminder of the standards it must meet, the values it must adhere to. Ex: presentation of references, theories, models or dogmas, testimonies, specific examples, for example in a CV to show that one has been well integrated and that one has worked well.
(c) logical argument
It is about building on the logic of the other, in two stages:
prepare the other first to receive the opposing opinion
then present that opinion to him using the logic of the other: show the reasons why the other has an interest in his own interests to do what he is asked to do, to change his point of view. The argument is generally supported by evidence, an illustration, a testimony that will make it as objective as possible. Ex: business case.
Dissemination of new knowledge
Finding: to succeed in their project, a counterpower must transmit their new idea or their new project through small groups who will learn and understand the interest of this new idea in order to form an active minority capable of changing public opinion and then power. It will use a major event that has just happened and is able to reach people in their emotions to propose a new idea or solution by demonstrating to them that this new logic serves their interests more than the old one, which must therefore be changed. This is mainly based on the dissemination of new knowledge and it needs to develop learning, training or education for this new knowledge, which will take some time.
2.4 The mechanism or process that leads to the organization of a countervailing power:
The transition from the individual to an active minority is made easier through the use of social networks on the web, but the government also uses these computer tools to maintain its social influence in addition to the control it exerts on the media. Web companies and search engines create influences and are counterpowers
example: document: “Google is a political counterpower” November 1, 2012 Pierre Alonso
3) legal action, an interesting means of action for a countervailing power.
The trial initiated by a counter-power may allow it to have access on the one hand to the media that will talk about this case and in case of a favorable court decision, the counter-power will obtain proof of its success and proof of the legitimacy of its intervention. The government will have to take this into account and change the law if necessary. But if the courts are defeated, the countervailing power can also be repudiated without social influence.
During the trial, the parties are in principle on an equal footing:
They must remain within the framework of the defense of the general interest provided for by law. Victims are recognized because they have not benefited from this situation and have been put in situations contrary to the law. The judge is responsible for reinstating the law, victims cannot use their situations as a pretext to demand that the law be changed, they can only demand compensation for the damage suffered.
Only one accepted means of social influence: persuasion based on evidence
One influential strategy: logical argument, even if during the pleadings the prosecutor and the lawyers will seek to use other means (testimony of an active minority, reminder of norms or conformity, testimony on social facilitation or on submission to authority…) or other strategies (appeal to the emotional, appeal to the feeling of belonging).
It is up to the President to conduct the debates by accepting or rejecting these speeches.
Legal action is therefore risky and a countervailing power must therefore use it only if it is certain to win by being able to change the law or supplement the case law when applying the law (strategy that the UFC-Que Choisir association). This strategy is valid when dealing with a recent law such as consumer law. Consumer associations are directly involved in the development of the case law, which adapts the law to the many cases that pose problems in its application. On the basis of this jurisprudence, the legislator can then supplement the law or the government can take the necessary decrees.
4) Example of two counterpowers
Example of two countervailing powers that used the lawsuit with different results; in the first case, the plaintiffs will think that the trial will have served no purpose, in the second case the trial will change public opinion and the government will change the law. We will then analyze how each of these two counterpowers used the means of social influence.
Dioxin pollution from the Gilly-sur-Isère incinerator
The appeal of the dioxin pollution by the incinerator of Gilly-sur-Isère begins on Thursday, September 20, 2012 before the Court of Appeal of Chambéry. The decision will be issued on November 21, 2012. http://www.pierre.ivanes.free.fr/index.html
The decision of the Court of Appeal of 21 November 2012 exonerates the operator of his responsibility, the trial is therefore over and no one has been convicted, which is the very example of a judicial fiasco after 10 years of proceedings while the dioxin pollution is not disputed. Legally speaking, however, it is as if nothing had happened in Gilly sur Isère.
The Gilly-sur-Isère incinerator had been administratively closed in October 2001 because its emissions exceeded current standards, up to 750 times for dioxin. Following analyzes showing soil and food contamination by this carcinogen, 6 875 animals were slaughtered, 2 230 tons of milk and 24 tons of milk products destroyed. Three hundred and sixty-five farms were shut down. This dioxin pollution has been considered one of the most serious in Europe. In the wake of harmful releases, a number of cancers were reported: Greenpeace documented 80 cancers “under the plume of fumes.”
The results of government analyzes remain secret
Problem: the results of government analyzes will remain secret. This will encourage local and national associations to file complaints so that a trial can make these analyzes known, the level of pollution found and so that this trial can establish responsibility for this serious pollution. But the judges will not be able to communicate the results of these analyzes: the prefect keeps them incommunicado for reasons of public order and not to create panic among the population. Under the principle of separation of powers, judges cannot interfere in the management of government. The prefect did his job: he closed the plant, certainly he should have done it earlier…
During the judicial investigation, the examining magistrate will seek to establish further evidence on the basis of new expertise, but only an epidemiological study of dioxin pollution (based on statistics) will be carried out, studies which in the past have never led to real evidence because the study period is too short and the sample is not representative. The associations have requested a toxicological study based on blood samples taken on the inhabitants of the region but the cost of these analyzes, being too high, the prosecutor will refuse to do them.
The intercommunal union will dissolve to escape conviction
Before the trial, the intercommunal union will dissolve to escape punishment and local officials will create a new union for the treatment of household waste. On 23 May 2011, the Albertville Correctional Court will sentence the sole person present at the trial, the operator, because according to the case-law, it was he who had the technical expertise to know whether or not to stop the incineration plant, but he did not dare say no and refuse to continue the operation of the site. Novergie, the operator of the incinerator, is fined 250,000 euros to the chagrin of victims’ associations who denounce a “parody of justice”. They are appealing the court decision, as is the company Novergie, a subsidiary of the Suez Group, which wants to turn against the former owner of the plant who refused for many years to make the necessary investments to bring the plant up to standard.
video on the last day of the trial before the Albertville Correctional Court on November 30, 2010
Analysis of the action of this counterpower to denounce and convict those responsible for the dioxin pollution in Gilly sur Isère
Use of means of social influence
Standardization: the associations are not asking for new rules, they are asking why these rules were not put in place in this plant.
Conformity or conformity judges cannot compel the administration to publish the results of analyzes and the prosecutor, in order to respect his budget, can decide not to make very expensive expert studies. Local elected officials have the right to dissolve their union before the trial even if it is not very ethical or socially responsible. Judges cannot sentence a party who is legally absent from the trial.
Social facilitation: this important means of developing a countervailing power is not accessible and available to associations. Without the scientific results on pollution, they cannot construct a logical argument and propose new measures to prevent this pollution risk. This pollution can hardly serve as an example for educating citizens in environmental protection. There was a malfunction in a factory, it was necessary to close that factory… that’s all!
Active minorities: associations of victims will be excluded from criminal proceedings, only 6 associations approved by the public authorities will be admitted. So their influence is weak.
At the level of the strategy of influence
The logic argument strategy: it is low for associations: no one denies the pollution, but since it is almost impossible to specify its consequences, given the means used by the public authorities, it will be very difficult to prove the damage and harm suffered by the victims, only overall damage will be assessed by the judges and the fine will not even be at the maximum of the penalty provided.
Associations do not have a strategy of influence
A review of the case: the strategy of influence in criminal proceedings is almost non-existent for associations: the appeal to emotion on the part of the victims cannot be sufficient to obtain more than a minimum conviction of the accused, which will be abolished on appeal.
The opposition party probably made a management mistake by not positioning itself properly in its struggle: he did not address the political dimension of the case: banish those incompetent or irresponsible elected representatives in municipal or local elections, demand that mayors disseminate the results of the analyzes by organizing demonstrations, force the leaders of the intercommunal union to resign under pressure from citizens, demand the construction of a new incineration plant, and above all demand that a law be introduced to fill a legal void by denouncing the influence groups that do not want such a law. It is not for justice to come after the fact to remedy the shortcomings or inadequacies of the political action that citizens must take in the face of these risks and these pollutions, especially if no specific law intervenes in this case of environmental crimes and offenses.
The Penal Code did not provide for environmental crime
For Me Billet, lawyer of the civil parties, “we need to have in the criminal code a real criminalization for environmental crime. Until we have a correct text, we will end up with this kind of judicial fiasco”, he explained to our colleagues of the Agence France Presse. “This is a general problem that all environmental files are paying for today “, added the lawyer. This is the problem when the rule of law is absent or has not evolved because vested interests oppose it and no countervailing power has developed to the point of being able to change the law or remove a legal vacuum.
An association is not a political party
An association is not a political party, it has two different purposes: this case shows how difficult it is for victims of mismanagement by local elected representatives to be heard in order to change the situation. The first option is to elect competent elected officials.
Belfort also suffered from dioxin pollution and there was political action by the elected representatives.
For example, Belfort, which also experienced dioxin pollution, opened the new incineration plant in Burgundy in 2001, and it was Mr. Chevénement who pushed the decision in this direction.
The incineration plant is within the standards
The Bourogne Ecopole has been scrutinized by the local Information and Monitoring Commission. The results are announced as good.par Claude Daucourt, le 28/10/2012 à 04:00
Participatory local democracy with the use of the subsidiarity principle eliminates these serious malfunctions in public institutions
Conclusion of situation 1:
Participatory local democracy, with the use of the principle of subsidiarity to find the optimal solution to a problem expressed by citizens, eliminates and makes impossible the excessive incompetence of local elected representatives found in this case. The creation of money set up by the Political Action Council at local level in coordination with the Confederation of Citizen Networks immediately makes it possible to invest in new technologies for household waste treatment without putting the burden of an absolute and scandalous financial debt on local networks. The dissemination of the results of pollution control analyzes by the local management center on its computerized information system is an essential right to information for local political action. The countervailing power that we develop on fileane.com acts at this level of responsibility: to set up citizen life networks.
Bobigny’s Trial and the Abortion Law, the Success of a Counter-Power
Situation 2: Bobigny’s trial and the abortion law.
Bobigny’s trial in October and November 1972 in Bobigny (Seine-Saint-Denis) was a political trial of abortion in France. Five women were judged: a young girl who had had an abortion after rape, and four adults, including her mother, for complicity or performing abortion. The trial, defended by lawyer Gisèle Halimi, had a huge impact and contributed to the move towards decriminalization of the voluntary termination of pregnancy.
Analysis of the action of this counterpower until the vote of the Veil Act on January 15, 1975
Use of means of social influence
Standardization: the 1920 law was questioned because it had unbearable consequences, particularly in the case of rape. This law must be abolished and abortion decriminalized.
There is a new technique of abortion, simple and not painful, which is used legally in neighboring countries, particularly in London. This technique must be legalized in France.
Conformity or conformity: witnesses at the trial state that they disagree with the law and that it is no longer consistent with the evolution of society. These witnesses come from a wide variety of social backgrounds: the scientist and academician Jean Rostand, Nobel laureates and biologists Jacques Monod and François Jacob, actors like Delphine Seyrig, Françoise Fabian, politicians like Michel Rocard, personalities engaged in letters like Aimé Césaire, Simone de Beauvoir… Professor Paul Milliez, doctor and fervent Catholic.
It was mainly the work of lawyer Gisèle Halimi during Bobigny’s trial in November 1972 and then of Health Minister Simone Veil in January 1975 when the law was passed. These two women with remarkable personalities had a decisive influence to advance the debate, succeed in persuading and passing the law.
This work of education and training is based on the association of Family Planning. Feminist and popular education, this is how Family Planning is asserted. Created in 1956 under the name “La maternity heureux” (happy motherhood), the association brought together women and men determined to change the 1920 law which prohibited abortion, as well as the use and dissemination of any contraceptive means in France. In 1960, the association became the “Mouvement Français pour Le Planning Familial” (MFPF) called “Le Planning Familial”
Histoires d’A, the documentary film which shows the medical technique banned in France and authorized in other countries.
Histoires d’A is a French documentary, advocating the liberalization of abortion and contraception, directed by Charles Belmont and Marielle Issartel in 1973.
A film with a very modest budget, shot in black and white in April and May 1973, Histoires d’A is part of the militant cinema movement that emerged in May 1968 and advocates civil disobedience. Produced on the initiative of the Health Information Group (GIS), it shows an abortion by aspiration according to the Karman method, interviews and scenes taken on the activity of activists in favor of voluntary termination of pregnancy as well as a reflection on the status of women. It is accompanied by “a brochure for the public [and] a press kit for journalists, both focused on abortion and contraception.”
Civil disobedience of women and doctors
submission to the authority: civil disobedience,
The Manifesto of the 343 is a French petition published on April 5, 1971, in the magazine Le Nouvel Observateur, No. 334, and signed by 343 women claiming to have had an abortion, thus exposing themselves at the time to criminal proceedings which could go as far as imprisonment. It was a call for women’s freedom to have abortions.
This is one of the best known examples of civil disobedience in France. In 1973, it inspired a manifesto by 331 doctors declaring themselves in favor of the freedom of abortion. He contributed in particular to the adoption, in December 1974-January 1975, of the Veil Act which decriminalized voluntary termination of pregnancy (abortion)
persuasion: the judges will admit that the 16-year-old had no other solutions and that she needed help. The prosecutor will not appeal the judgment and the sentences handed down will never be enforced.
Women who use contraception since the Neuwirth Act, which legalized contraception from 1972 (date of the first implementing decrees when it was passed in 1967).
the network of local groups of the Movement for the Liberalization of Abortion and Contraception (MLAC).
The government of President Valery Giscard d’Estaing is convinced that it is time to pass a law authorizing abortion in certain cases.
At the level of the strategy of influence
All 3 strategies were used in the public debate and trial:
The call to love: the case of the 16-year-old girl raped and denounced by the thug, her rapist.
The call for a sense of belonging: groups of women who have had abortions, doctors who accept abortion
The logical argument: in the face of the disastrous medical consequences of the 1920 law, neighboring countries that have already legalized abortion and are using the new medical technique, the moral and legal impossibility of condemning the 16-year-old girl…
The Veil Act is a French law, enacted on January 17, 1975, which decriminalizes abortion under certain conditions.
Conclusion of Situation 2:
The Veil Act is a French law, enacted on January 17, 1975, which decriminalizes abortion under certain conditions. Named after Simone Veil, who pushed it, this law then supplements the Neuwirth law, which legalized contraception from 1972 (date of the first implementing decrees when it was passed in 1967).
The counter-power has been able to change public opinion and the law to change the perception of a fundamental value in a society: the right to life.
Here we are confronted with a counter-power that has been able to change public opinion and the law to change the perception of a fundamental value in a society: the right to life. This is an example of successful management of a countervailing power.
Bobigny’s trial was only the first official step in having the 1920 law recognized as no longer applicable.
Throughout this struggle, the work of facilitation has been constant and important. Gisèle Halimi knows that the rape case tried in Bobigny is “the best possible case” to convince and change public opinion. The film Histoire d’A, even forbidden to be shown, will allow anyone who wants to learn about it, to witness a medical abortion with the new technique.
This struggle of more than twenty years has also managed to organize its progression in stages by obtaining successes on “more accessible” issues before arriving at the most difficult: contraception, family planning and then abortion.
The abortion law creates new checks and balances to remove this right for women to have an abortion.
With the law passed, new checks and balances were organized against the law: the anti-abortion groups protesting in front of hospitals where they are practiced …
In this change of a fundamental value, the value of life, the question arises of the change of the culture itself of our society. A foundation can only evolve if the other foundations evolve and the whole culture changes, in this case the other rights that concern life, love, death.
The dogmas of the religions escape civil law.
But this change in law and value exists only in the civil power system, and for the moment it has nothing to do with the theocratic power system of the religions, especially the Catholic and Muslim.
The dogmas of these religions escape civil law or at least religious fanatics do not respect civil law contrary to their religious prescriptions.
Network organizations use both sources of knowledge and the initiatory and spiritual approach brings another vision of life, especially of life after human life. Only this can break the sectarian dogmas of theocracies just as the spiritual masters, prophets or divine messengers broke the religions of their time.
The limits of secularism that refuses to take into account our first source of spiritual and initiatory knowledge.
Our reader has understood that the Republican myth of secularism, although it has an unquestionable logical argument, is nevertheless incomplete and unfounded as long as it ignores or rejects by ignorance the source of initiatory and spiritual knowledge.
Leaders of systems of power that recognize the use of both sources of knowledge would immediately start working to develop networked organizations, their power would change and diminish to their personal level but all would benefit from it in sustainable development, peace and prosperity, is it realistic to imagine that this possibility will be realized through the strength and determination of a counterpower or else this counterpower must disregard the fate of these leaders to concentrate its activity on the development of its citizen networks of life?
General conclusion on counterpowers :
This presentation corresponds to a Managed Work in Management within the framework of the current school system program.
The counter-power to succeed must develop an important social facilitation in order to organize the active minorities who will be able to change public opinion and then the legislator.
This struggle is easier to change the values and culture of a group.
On the other hand, on technical issues that require scientific evidence to change a rule, in the face of a technocracy that uses knowledge that a counterpower can hardly obtain, the counterpower must begin by challenging the power itself to obtain the knowledge that is forbidden to it in order to be able to develop its logical argument in order to have the social influence with which it can envisage bringing about change.
There is no point in fighting over ad hoc measures or challenging a centralized technocratic power that cultivates secrecy to legitimize its prerogatives, the important thing is to challenge the very existence of this system of power to show, educate and convince that citizen network organizations and participatory local democracy have a logical functioning capable of achieving the desired objectives and capable of eliminating the current political, economic, social, cultural and religious dysfunctions. The main mistake in conducting a fight is to aim too short!
Our struggle on fileane.com aims to abandon the systems of power in order to develop our Networks of Life, an expression adapted to the global village of the Internet and corresponding to our participatory local direct democracies forbidden precisely in the systems of power.
Social facilitation to develop active minorities
able to ensure this change of civilization, is at the heart of the site fileane.com showing that there exists prohibited knowledge, the right prohibited by the leaders of the systems of power. It is up to us to rediscover it, to understand it and to make it our education for a better life with respect for our human dignity.
Documentation to elaborate on the two examples of countervailing powers presented here.
To continue to take into account the current inability of law and justice to sanction and eliminate environmental crimes, we produce the following additional documents on the Gilly-sur-Isère incinerator trial and the issue of the incineration of household waste. For the law on decriminalization of abortion, the documentation is provided and easily accessible on the web.
Situation 1 Documents: Dioxin pollution in Savoy
Court of Appeal releases incinerator operator Novergie in Gilly-sur-Isère dioxin case.
Surprisingly this Wednesday, November 21 in Chambéry. The Court of Appeal has just removed the Gilly-sur-Isère dioxin case by releasing the last actor, Novergie, who operated the incinerator until 2008.
Franck Grassaud and Isabelle Guyader. Published on 24/09/2012 10:17, updated on 21/11/2012 | 8:33 p.m.
This is an even more traumatic ruling than the trial for the associations that have, for years, been fighting to have everyone accepted responsibility for the dioxin contamination of an entire region, the area around the former incinerator of Gilly-sur-Isère. The defenders of Novergie, however, can only be relieved. At the hearing of the Court of Appeal, they had requested the release of their client, despite his first conviction to a fine of 250,000 euros. Today, they are granted.
The argument of the incinerator operator was simple: Novergie did its job as an operator, the upgrades, it was the business of the intercommunal union, SIMIGEDA. The problem was that SIMIGEDA was no longer in the proceedings, the union dissolved in 2009. A decision of the Court of Appeal that sounds the end of a case that, in the eyes of justice, never existed!
The appeal of the dioxin pollution by the Gilly-sur-Isère incinerator begins on Thursday, September 20, 2012
Franck GRASSAUD with documentalists France 3, published on 20/09/2012 | 14:51, updated on 24/09/2012 | 17:5
On September 20, 2012, Gilly sur Isère’s dioxin appeal trial began; to understand this complex issue that mobilized the entire alberta basin following the closure of the incinerator that released dioxin into the atmosphere, we need to recall the facts.
In the early 2000s, we remember the thousands of animals killed, the thousands of liters of milk destroyed… all because of the incinerator at Gilly-sur-Isère and this dioxin pollution considered one of the most serious in Europe. As a result of the harmful releases, a number of cancers were reported.
In May 2011, after a trial that took place in November 2010 at the Albertville Correctional Court, only Novergie, the incinerator operator, was fined 250,000 euros to the chagrin of victims’ associations who denounced a “parody of justice”. They are appealing the court decision, as is Novergie, a subsidiary of the Suez Group.
video on the last day of the trial at the Albertville Correctional Court on November 30, 2010:
COURT OF APPEAL OF CHAMBERY 20 and 21 SEPTEMBER 2012: the trial, announced very confidentially, was held for only two days of oral argument and closing arguments. I remain puzzled that there are still more questions than established truths. This is very disappointing given the context and our expectations (see below the trial of 29 and 30 November 2010, and the verdict of 23 May 2011). However, we come to the legal epilog of an unprecedented case, which made national headlines in 2001, and led to the launch of numerous French and European studies. And, above all, there was room to move forward in the search for accountability.
The Court of Appeal reserved its decision on 21 November 2012. http://www.pierre.ivanes.free.fr/index.html
The operator of the Gilly incinerator was convicted of dioxin pollution. The union and the prefect were not prosecuted.
Gilly Incinerator: fine of EUR 250 000 for Novergie
The Gilly incinerator case, one of the most serious dioxin pollution in recent years, resulted in a fine. Novergie Center-Est was fined EUR 250 000 on Monday 23 May 2011 by the Albertville Correctional Court for failing to comply with the standards relating to a classified installation. It will have to pay between EUR 1 and EUR 15 000 in damages to five associations.
Novergie could appeal.
At the hearing, on 29 and 30 November 2010, the Simigeda, an inter-municipal trade union responsible for waste management, did not appear because the structure had dissolved three months earlier to re-create a new entity, Savoie Waste. “The case is not over, the Simigeda leaders will have to answer,” said François Saint-Pierre, lawyer of Novergie, who had filed a complaint for fraudulent dissolution. The company, a subsidiary of Suez Environnement, “is studying the possibility of appealing”.
The Gilly-sur-Isère incinerator had been administratively closed in October 2001 because its emissions exceeded current standards, up to 750 times for dioxin. Following analyzes showing soil and food contamination by this carcinogen, 6 875 animals were slaughtered, 2 230 tons of milk and 24 tons of milk products destroyed. Three hundred and sixty-five farms were shut down.
Dismissal on health matters
“In the village where I live, in Grignon, there have been many cases of cancer,” notes Dominique Frey, co-president of Acalp, an active citizen anti-pollution association, who had filed a complaint with 200 local residents for “manslaughter and endangering the lives of others” in March 2002. According to Greenpeace, 80 cancers had been observed in the same street, under the plume of the incinerator.
The investigation had lasted five years, two prefects had been implicated and three ministers had been heard as witnesses, but the case had been dismissed, on the ground that the link between discharges and the occurrence of cancers was not proven. Four national and local health studies did not report significant increases in cancer cases near the incinerator.
“Finally, nothing happened in Gilly-sur-Isère!”
Pierre Trolliet of the Acalp, who said he was “disappointed” by the “truncated trial” and the results of today’s deliberation. “A factory has malfunctioned! No consequences have been drawn, this can happen here or elsewhere.” (source metrofrance.com)
Other information on the Gilly incinerator procedure:
STAKEHOLDER IDENTIFICATION in Gilly sur Isère’s case:
The owner of the Gilly sur Isère incineration plant: The SIMIGEDA (owner of the UIOM of Gilly-sur-Isère) (household waste incineration plant), it dissolves in the autumn of 2010 to escape conviction during the trial which will open in the following days. This intercommunal union is run by local elected representatives.
The site operator shall: NOVERGIE, he will be the only one present at the trial and the only convicted, he will file a complaint during the trial against SIMIGEDA. He believes that local officials have not been willing to invest for many years to bring the incinerator up to mandatory standards and his conviction makes it a scapegoat in this case because he could not force the owner to invest.
The Prefect, responsible for enforcing the security rules: on 25 October 2001: THE ACTIVITY OF THE IOM Gilly-sur-Isère IS SUSPENDED sine die BY ARRETE PREFECTORAL, signed by the Prefect of Savoy, Paul Girot de Langlade.
FRAPNA-Savoie filed a complaint on February 27, 2002 against the 2 legal entities: SIMIGEDA and NOVERGIE. It is recognized as a public utility and may be a civil claim on behalf of local associations of pollution victims.
The plaintiffs defended by Me Billet and grouped in the association ACALP, are the inhabitants close to the incinerator; as a hectic judicial process took eight years, all individual complaints were declared inadmissible.
3 member associations of the Collectif Associatif Tarentaise – Bassin Albertville (CATBA) from 1997 to 2002: Living Well in Grignon, Living in Tarentaise, UFC Que Choisir / Albertville and 3 others: Association for the Protection of Wild Animals / Strasbourg, UFC Que Choisir / National, Interco 73, that is 6 associations in total will be admitted as a civil party and can claim damages for the damage suffered by their members. 5 associations will receive damages following NOVERGIE’s conviction on May 23, 2011.
Other websites on the debate on the incineration of household waste
The view of a mayor of Haut-Rhin in 2002 on the incineration of household waste.
Today, waste treatment has become a highly lucrative economic activity, the costs of which are passed on directly to households through the tax or levy.
Incinerate polluted plastic waste but it is cheaper than fuel oil or natural gas to get heat.
For example, incineration plant managers sell the heat generated by burning waste to interested manufacturers or communities, and in this context have no interest in reducing the volume of waste. Similarly, they have no incentive to create recycling chains for flat plastics that would deprive them of the free internal calorific potential of these materials, the removal of which would have to be compensated by fuel oil or natural gas, significantly reducing their profit margins.
This means that our sorted flat plastics have added value which should translate in the level of collection by the free collection of them. For this reason, they should under no circumstances be remixed with the final waste from the chip bin.
By imposing this mixture on the inhabitants, the political powers are deliberately placing themselves against the budgetary interests of the citizens of the European Union, and against the interest of an environment for which the incineration of plastics is generating, throughout France, the dispersion of furan dioxins and highly toxic endocrine disruptors.
By re-mixing plastics, research into the recycling of flat plastics and the jobs created by these new industries is being turned away. by refusing recycling, the depletion of fossil hydrocarbons is accelerated and is combined with the worsening of the greenhouse effect. This is the antipode to sustainable development, which is piously invoked during electoral periods.
The case of Dannemarie in the Haut-Rhin
ABOUT 40,000 tons/year?
More locally the 1500 tons/year of ultimate waste of the inhabitants of the com.com. from Dannemarie and the 8500 tons/year of waste from the Sundgauvian inter-municipal structures will have to be incinerated in the territory of Belfort, while the 170 000 tons/year of various waste from all over the Upper Rhine will continue to come to the Sundgau, to RETZWILLER.
This should mean that, in the interests of equal treatment between Sundgauvians and other High Rhinians, these 170,000 tons/year coming from the entire department should no longer contain plastics, paper, cardboard, metals, putrescible, glass, fabrics, which are likely to generate energy or material recovery, and especially not chemical substances whose heavy metals from slag fall under Class 1 landfills.
By scrupulously applying the constraints imposed on Sundgauers to the products arriving at the Retzwiller dump, it goes without saying that the 170,000 tons/year would be divided by 4, as in the C.C., and only 40,000 tons/year would arrive at Retzwiller. Would that be a boon or a catastrophe?
Having toured a few companies whose waste dumpsters go to Retzwiller, I learned that companies who agreed to separate flat plastics from various waste from their dumpsters, were offered by the collector a lower removal price per ton of 20?.. On the other hand, plastic buckets containing different products will always be transported to RETZWILLER as well as other residues. This would tend to prove that among the providers of collection services there is a flat plastic chain not offered to the inhabitants of the Com Com… of Dannemarie, and that what is not allowed to Sundgauvian households, is for companies and industrialists outside Sundgau.
THE IMPACT OF SITUATION RENTS……
In order to understand the system as a whole, it should not be forgotten that the Community of the Municipalities of Porte d’Alsace has no interest in seeing a reduction in the tonnage of waste sent to Retzwiller, since it receives from SITA a commission per ton deposited on the same basis as RETZWILLER and WOLFERSDORF, and that the overall size of the sums collected (4 000 000 F.) does not stimulate the desire to see this landfill closed or simply the desire to see its activity limited. In a different vein, the inhabitants of these communes do not pay for the household refuse collection service in return for the unbearable odor nuisance they suffer, and that is only fair.
It is therefore not at all obvious that the Belfortaine excursion of Sundgauvian waste alters the olfactory atmosphere of the site, but it is certain that the 10 000 tons/year of Sundgauvian waste to go to the incineration in Burgundy, represent for the managers of the Retzwiller landfill an annual loss of revenue oscillating around 800 000?, and that under these conditions it will be necessary, in order to maintain the system, that a compensatory solution is found. Will industrial sorting be the solution? But then we will have to ask the consumers of the C.C. of the Porte d’Alsace to mix the plastic with the cardboard, with the tetrapacks, with the scrap metal, paper, textiles and the rest, to allow the operation of industrial sorting equipment whose operating cost will be billed to all those civic actors of sorting to whom it will now be forbidden to sort in order to be able to ask them to pay more. Looks like the project is already in the pipeline.
THE USEFULNESS OF MUNICIPAL ELECTED OFFICIALS in waste sorting policies…faced with a fait accompli.
While these rudological developments are the chronicle of the local press, it should be noted that the elected representatives of each commune, Delegates of the Conseil Syndical de la Porte d’Alsace, have still not been called to deliberate on the appropriateness of this new organization and that they are faced with a fait accompli striking head-on the citizens of their communes within a structure with the competence to dispose of household waste. Is this a sign that democracy cannot be combined with the absurd, or is it simply that, in the face of the hidden interests of a system, the elected representatives of the people are treated at the margin?
The future will no doubt allow us to answer these two questions, because it is not certain that the population will bend their noses under the caudal forks of the absurd, and it is even less certain that the elected municipal representatives will long accept this marginalization of their function within an intercommunal structure. This attempt to lynch eco-citizenship, which entails volunteering through sorting at source and weighing on board, proves that, for economic and political decision-makers, the future of the environment for future generations does not weigh heavily on the immediate extraction of money from consumers’ wallets. In line with this logic: When will the transformation of the “Center for Initiation to Nature and the Environment” into “Center for Initiation to the Net Economy” take place?Dany DIETMANN, Mayor of MANSPACH, Haut-Rhin, November 2002;
Some quotes to lead us to our counterpowers:
“Those who do not believe in the impossible are asked not to discourage those who are doing so” anonymous slogan.
“Realizing the impossible often begins with a translation of the unspeakable ” fileane.com and the poet’s work.
“The path to Auschwitz was built by hatred, but paved with indifference.”Ian Kershaw