How Can Multinational Corporations Be Regulated In the International Field?
Wednesday 30 July 2014
How Can Multinational Corporations Be Regulated In the International Field?
How Can Multinational Corporations Be Regulated In the International Field? Though there are gaps between the philosophy and the practice of human rights, nevertheless they are a powerful philosophical discourse and provide widespread moral norms and standards and have a powerful guiding purpose. The United Nations Universal Declaration of Human Rights in 1948 born out of the human rights violations of the Second World War when it was clear that there needed to be codified protection of human rights at international minimum standards. The Charter of the United Nations reaffirmed “faith in fundamental human rights, in the dignity and worth of the human person, [and] in equal rights of men and women and of nations large and small.” The Universal Declaration seeks to protect life, dignity and security of the person and also economic, social and cultural rights. The Universal Declaration of Human Rights in its preamble decrees that “Every individual and every order of society” should promote and respect human rights. As Henkin (1999) states that “Every individual and every organ of society excludes no one, no market, no cyberspace. The Universal Declaration applies to them all.”(p 25). As Secretary-General of Amnesty International held “Human rights are rooted in law. Respecting and protecting them was never meant to be an optional extra, a matter of choice. It is expected and required. It should be part of the mainstream of any company's strategy, not only seen as part of its corporate social responsibility strategy.” The world's largest 200 transnational organizations are incorporated in ten states headed by the United States of America, Japan, Germany, France and the United Kingdom and have enormous political and economic impact on the global world. Regulation of their power is more difficult to encompass beyond their sovereign national borders. If governments succeeded in regulating “its” corporations in global competition the state might receive fewer economic benefits and competitors more. The debate is Whether there should be more public regulation of TNCs in the name of human rights? International instruments have been set up in an endeavour to regulate the conduct of multinational enterprises in the jurisdiction of their host countries .The Organization for Economic Cooperation and Development (OECD) in 1961 germinated from the Organization for European Economic Cooperation (OEEC) and is known as “The rich state club.” Thirty countries have now signed the convention which propagates a commitment to the market economy and democratic government. Its seeks to promote “voluntary standards of responsible business conduct” in the framework of the Guidelines for Multinational Enterprises which were adopted in its’ 1976 Declaration on International Investments Multinational Enterprises. There are now also nine adhering non-member states which include Argentina, Brazil, Chile, Estonia, Israel, Latvia, Lithuania, Romania and Slovenia. The United Nations Global Compact Summit held in Shanghai China in December 2005 resulted in the Shanghai Declaration which has over 2,300 participating companies. The Global Compact recognizes that there are overriding principles of international human rights standards to which companies must adhere bearing in mind the “expanding global commerce” and the “deepening interdependency between states, cultures and people.” It holds that businesses should respect and support the protection of internationally acclaimed human rights and that they must ensure not to be complicit in any abuses of human rights. There are strong arguments against obligatory human rights responsibilities for multinational enterprises. He argues that corporations have a legal responsibility to make profits for shareholders and not to interfere with moral precepts in other societies and that they have no positive duty to serve human rights or legal imperative. There must be a quandary as to which human rights are MNE’s to observe? Clearly they can ameliorate the working conditions of their employees but not their “civil and political” human rights. There are compelling reasons for multinational enterprises to observe response would human rights standards of conduct as advocated by international instruments the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy 1977 and the OECD guidelines For Multinational Enterprises which provide moral expectations and the benchmark for human rights standards There are growing expectations in the public, private, political and economic arenas for multinational companies to respect and adhere to human rights norms and issues in a responsible way hence there are implicit advantages for multinational corporations to adopt human rights policies. Investors are increasingly socially responsive to human rights issues and sensitive to the increasing availability of media information. A good human rights reputation is conducive to positive investor enterprise. Consumers are nurturing and developing growing responsible purchasing choices in the marketplace and have greater accessibility of information to guide their knowledge input. Ready examples are legion such as the environmental issue of access to water in India where villagers complained of depleted clean water supplies as a result of Coca-Cola’s production plants, the security firms Caci, Titan being involved with in illtreatment and torture in Iraq's Abu Ghraib prison, forced child labour lawsuits brought against Nestles and others in the production of cocoa in West Africa and Virgin Blue airline of Australia discriminating by means of age bias against their flight attendants. Consumers purchase according to the environmental and social conduct of the multinational companies, and therefore human rights company policies and standards are reflected in consumers response. Companies who act outside the premises of human rights standard are also susceptible to boycotts and protests. Non-profit human rights groups, along with the media and particularly consumer organizations and movements, are targeting the corporations. Current employees and future employees are more attracted to working for a company with a positive record in the environmental and social issues. Employees observing internal human rights misconduct may respond working elsewhere. “The Economist” (1998) states, “Today multinationals are under pressure as never before to justify their dealings with abusive regimes and their treatment of employees in developing countries. Firms used to brush off criticism, saying that they had no control of the Third World's suppliers, and that politics was none of their business anyway. This is no longer good enough.”(p13) Non government organizations (NGOs) such as Amnesty International, Human Rights Watch, and the International Federation for Human Rights are having increasing focus on and scrutiny of the conduct of multinational companies. NGOs are seen as the real motor to the process of growing attention to international human rights. Without the sum total of human rights NGOs,contemporary international relations would be far less supportive of human rights. As Muchlinski(2001) points out the global vigilance, networking of information and mass media utilization is a major impediment to unscrupulous and indifferent policies of MNE’s(p 32) NGOs are able to rally negative public impulses against multinational corporations who failed to respect human rights standards and instigate negative media coverage and widespread protests and boycotts against offending companies. The Business and Human Rights Resource Centre founded in 2002 is an important independent resource internet site which monitors both human rights and business issues. Its purpose “To encourage companies to respect human rights, avoid harm to people and maximize their positive contribution.” It was set up with the purpose of encouraging and promoting companies to respect human rights. It provides one stop easy access to information for non- government organizations, companies and others on the human rights impact of companies. There is growing concern for multinational enterprises to be scrutinize and accountable for their human rights policies and responsibilities and their public opinion as fuelled by the NGOs is a compelling impulse and there are strong compelling reasons for subjecting MNE’s to legal and enforceable obligations. The impact of globalism has social and human rights consequences for the vulnerable and marginalized and those without economic and political power. Multinational corporations produce many plausible reasons why the impact of these disparities between themselves and those on the periphery of society should not be subject to legally enforceable obligations, however, any voluntary obligations should be treated as suspect. These corporations are liable to reinforce such disparities between postindustrial economies and developing societies which are already lagging and plagued by ignorance, poor working conditions, government corruption and multiple burdens of debt. Affluent nations already have an untenable advantage and the cutting edge, while Third World countries lack resources, skill and infrastructure. Legally enforceable obligations of human rights will shift some of the global disparities in both power and wealth by fostering and strengthening the marginalized voices of the developing world and fostering a worldwide civic society. This will create a change in legal, political, and social relations and signify changes in the foundations of human rights thinking and philosophy, for at present corporations are the protected beneficiaries of human rights and their standards. On the international level multinational corporations cannot be held accountable for human rights violations as there exists no international mechanism equipped to do this. At present international regulation of M.NCs regarding human rights remains dependent on national enforcement. In other words there is no system of international law to enforce liability for damage to other countries and violation of the human rights. Social responsibility in transnational commerce is signalled by voluntary commitment. The difference between corporate responsibility and corporate accountability the former being a voluntary response to ethical and moral considerations which as he states is the favourable approach of the International Chamber of Commerce and the United Nations Global Compact. Corporate accountability has due consequences for lack of compliance. Needless to say Multinational Corporations inevitably favour voluntary compliance to their corporate social responsibility (CSR). NGOs such as Christian Aid are regarding the volunteer position as suspect and advocate legal compulsion and consequences for non adherence to international standards of human rights. Muchlinski(2001) states there has been a growing concern for the interaction between multinational enterprises(MNE’s) and human rights , especially with the significant growth in the number of cases of major violations resulting in disputes between the MNE’s and the host governments. (p 31). One such case was that of the Bhopal disaster, one of the world's worst industrial disasters in 1984 when Union Carbide, Dow Chemical hid behind frontiers to avoid responsibility. A Corporation exist with its primary concern to maximize profits and minimize costs for its shareholders. It is in this precinct that it establishes a propensity for harm to the environment, to its workers and to the human rights of people. Because companies hold that their duties are concerned with short-term shareholder profits, corporate decision-makers may hold adherents to human rights programs a breach of duty to maximize profit. The only social responsibility of multinational enterprises is to make profits for their shareholders. In the 2003 film The Corporation a Canadian documentary, Noam Chomsky states that a corporation is a special kind of person, “with no moral barometer, solely concerned with generation the maximum profit possible for its owners.” Milton Friedman in the film explains corporations pursuant of profits created the concept of “externalities” meaning the effects of transactions between two parties on the third uninvolved party. Friedman states these include the use of national military to secure oil rights for energy corporations. In the film Charles Keraghan, director of the National Labour Committee, documents his travels to a sweatshop in El Salvador to demonstrate the conditions of workers of America brand name clothing. As Forsyth (2006) argues, these early initiatives instigated whether by the International Labour Conference (ILC) the OECD, the International Chamber of Commerce or other institutions are defective in their mechanisms of monitoring and have “proved uniformly weak in the 1970s and 1980s.” However, more recent initiatives holds more promise for change, especially negotiated agreements which have adequate monitoring processes and the backing of governments for the implementation and the reporting publicly of corporate human rights activities.(p 245). In 1998 one such initiative agreement occurred in the footwear and apparel industries between Nike, Reebok and others creating the Apparel Industry Partnership (p 239). The American Apparel Manufacturers Association and the Council of Economic Priorities, created by Avon and Toys R U, are further examples of human rights enabling (p239, 240) Environmental damage and desecration by the multinational corporations has been allowed to occur with virtual impunity as a result of the inbalance of power between the multinational and countries in the developing world where national systems are ill equipped to deal with cross border environment issues. As Oxfam (2004) states “There is a massive concentration of corporate power in the global economy.” It is vital to make companies accountable for their activities and to enforce ethical behaviour towards the economic social and environmental contexts within which corporations operate. Multinational corporations entice Third World developing countries with their depreciated environment to weaken regulations and conditions which regulate environmental and regulatory standards. Developing countries will offer favourable treatment to multinational corporations including special tax and tariff treatment, strong protection and a minimum of red tape in a bid to induce corporations to set up operations in their jurisdiction. Hence multinationals feel free to engage in practices which they would not do in their domestic state. The Alien Tort Act 1789 permits redress against the violation of national law by private individuals regardless of the Nationality of the parties. In the nineties an important jurisdictional ruling was made in a court in a case against Unocal Oil Firm California for involvement in forced labour and other violations of human rights in Burma. Human rights organizations attempted to utilize The Alien Tort Act to against transnational corporations for violations of human rights , however, in 2004 the United States Supreme Court narrowed the application of the act and subsequently in the Federal District court refused jurisdiction against American corporations for human rights violations.( Forsyth 2006 p 242) Because the voluntary regulatory systems for international standards is seen as largely ineffective and there is no global court when the damage occurs across boundaries, injured parties will often resort to national courts as a device to redress grievances against harmful activities of international companies . Ideally the court of jurisdiction should be the home country of the parent company which is the location of the company assets and where the decision-making has occurred which has desecrated the environment of another state. When the environmental damage occurs in another country, the home state will have little incentive to redress the damage, while the host country may well the reluctant to deter foreign investment by appearing to regulate investing companies. Courts in developing or Third World countries may be ineffective or unwilling to litigate against powerful multinational corporations, the damages will be lower and courts may be ill-equipped to deal with complex matters of environmental degradation. Though the plaintiff may seek to choose the court's jurisdiction the defendant can resist this by invoking the legal doctrine forum non conveniens. In the case of the Bhopal disaster the world's worst modern industry accident, forum non conveniens was invoked by the plaintiffs Union Carbide Corporation to avoid justice in the United States of America. The federal courts of the United States decided that the case should be heard in jurisdiction of the Indian courts thus denying the defendants’ access to justice and exposing them to the double standards of industrial safety between multinational corporations between First World and Third World countries. The Parliament of Australian Department of Parliamentary Services argues the United States approach to the doctrine forum non conveniens results in US multinational corporations, such as Union Carbide being able to escape accountability in United States “when things go wrong abroad.”(p 2) Clearly the Australian approach, which is to allow international cases to be decided in the country “of greatest connection,” would render the United States’ multinational corporations subject a greater degree of regularity and the assets of the corporations obtainable to enforceable judgment. As Paul(1991) states, “By refusing to exercise jurisdiction in cases such as in re Union Carbide a court effectively allows a US manufacture to avoid US tort liability and encourages other manufacturers to locate plants abroad.”(p71) Paul also argues, “By allowing transnational business to choose legal systems imposing a lower regulatory burden than the United States, US courts have effectively lowered regulatory standards.”(p 71). Had the catastrophic Bhopal gas leak occurred in the jurisdiction of the United States, there would have been a tort action of the immense proportions, significant damages, high accountability and even corporate reorganization. A possible impediment to legal action in a host country is the reluctant to obtain compensation on the grounds that it might deter foreign investment opportunities. In the case of the Bhopal industrial disaster the Indian Government in 1985 enacted the Bhopal Gas Leak Disaster (Processing of Claims) Act where it became the sole litigant in any court proceedings against Union Carbide. Amnesty International USA (2007) states that in Bhopal thousands of people “were denied their right to life, and tens of thousand of people have had their right to health undermined. Those struggling for justice and the right to a remedy in Bhopal have been frustrated in efforts.” Amnesty also stresses that those who continue to live there have been denied the right to safe environment and continue to be exposed to contaminated water. On the third of December 1984 at midnight , in Bhopal, the capital of the Indian state of Madhya Pradesh, , 43 tons of methyl isocyanate (MIC) leaked from a holding storage tank at a chemical pesticide plant belonging to an American multi-national company Union Carbide Corporation.. MIC is a highly toxic substance and is the active agent for making the pesticide Sevin. Because of its instability it must be kept at low temperatures. It had been kept in dangerously bulk storage and were not properly monitored or controlled. The safety system was defectively designed. Neither the workers nor the general population were aware of the dangers of the deadly chemicals and there was virtually no protection for the employees working with these dangerous chemicals. Bhopal has a population of the 900,000 people. The densely packed shanty town and slum settlements surround the factory on three sides. Union Carbide is located two miles from the centre of the old city and it is one of the most densely populated areas of the city with the railway station and bus station a mere mile from the factory. The Town and Country Planning Department (1975) had stressed that the designated plant site was not for hazardous industries, however, Union Carbide was a powerful company with economic leverage and political influence so that government authorities overruled local city objections. (Shrivastava 1987 pp 41, 42). As Everest (1986) states, India, as other Third World countries, is dependent on foreign capital for its development and there was “little real regulation of Union Carbide.”(p 120)There was also an unlimited supply of cheap labour. (Everest 1986 p 62 ) There were low standards of safety and working conditions because Union Carbide was determined to keep costs of production low and profits maximized. The gas leak was caused by faulty valves and the water leakage into the methyl isocyanate holding tank and reacted by the release of toxic gas. The lethal gas was heavier than air and rolled along with ground Approximately 500,000 people were exposed to the toxic MIC gas cloud. Around 3000 died that night, approximately 4000 people died during the next few days and 15,000 in the following years. (Amnesty International 2004, Greenpeace 2004, Bhopal Medical Appeal,). While many died in their sleep , thousands more ran through the narrow dark alley ways trying to escape the dense gas cloud which made it difficult to breathe and burned the eyes and lungs. Many fell dead. The survivors suffered extensive lung damage, cardiac damage, blindness, long-term gynaecological problems, pelvic inflammatory diseases, cervical erosion and slow death. As Everest (1986) states “Civil authority was virtually nonexistent” and few medical facilities were available. (pp12, 13) Union Carbide had used the structure of dependency of India, a Third World country, to establish an operation without safeguards and responsibility towards the environment, their workers and the population and engaged in practices which resulted in catastrophic human and environmental damage. Susceptibility of developing countries and lack of international regulation allowed them to hide behind frontiers and deprived the world's most vulnerable, just settlement. In 1989 the Indian government accepted an out of court settlement from Union Carbide of $470 million, little if this money has reached the victims and their families. 20 years later the site of the factory is still contaminated with toxic waste and the water is still contaminated. (Anderson 2002 p 250) Anderson stresses that the Bhopal disaster contains lessons “for all those who valued the protection of human life through international safety standards” that multi-international corporations should be accountable to stakeholders as well as shareholders and that the primacy of human life supersedes profit. (253)
Friday 6 July 2012
The Little Mermaid by Hans Christian Andersen (1836)
As soon as the eldest was fifteen, she was allowed to rise to the surface of the ocean. When she came back, she had hundreds of things to talk about; but the most beautiful, she said, was to lie in the moonlight, on a sandbank, in the quiet sea, near the coast, and to gaze on a large town nearby, where the lights were twinkling like hundreds of stars; to listen to the sounds of the music, the noise of carriages, and the voices of human beings, and then to hear the merry bells peal out from the church steeples; and because she could not go near to all those wonderful things, she longed for them more than ever. Oh, did not the youngest sister listen eagerly to all these descriptions? and afterwards, when she stood at the open window looking up through the dark blue water, she thought of the great city, with all its bustle and noise, and even fancied she could hear the sound of the church bells, down in the depths of the sea.
The fourth sister was more timid; she remained in the midst of the sea, but she said it was quite as beautiful there as nearer the land. She could see for so many miles around her, and the sky above looked like a bell of glass. She had seen the ships, but at such a great distance that they looked like sea-gulls. The dolphins sported in the waves, and the great whales spouted water from their nostrils till it seemed as if a hundred fountains were playing in every direction. The fifth sister’s birthday occurred in the winter; so when her turn came, she saw what the others had not seen the first time they went up. The sea looked quite green, and large icebergs were floating about, each like a pearl, she said, but larger and loftier than the churches built by men. They were of the most singular shapes, and glittered like diamonds. She had seated herself upon one of the largest, and let the wind play with her long hair, and she remarked that all the ships sailed by rapidly, and steered as far away as they could from the iceberg, as if they were afraid of it. Towards evening, as the sun went down, dark clouds covered the sky, the thunder rolled and the lightning flashed, and the red light glowed on the icebergs as they rocked and tossed on the heaving sea. On all the ships the sails were reefed with fear and trembling, while she sat calmly on the floating iceberg, watching the blue lightning, as it darted its forked flashes into the sea. When first the sisters had permission to rise to the surface, they were each delighted with the new and beautiful sights they saw; but now, as grown-up girls, they could go when they pleased, and they had become indifferent about it. They wished themselves back again in the water, and after a month had passed they said it was much more beautiful down below, and pleasanter to be at home. Yet often, in the evening hours, the five sisters would twine their arms round each other, and rise to the surface, in a row. They had more beautiful voices than any human being could have; and before the approach of a storm, and when they expected a ship would be lost, they swam before the vessel, and sang sweetly of the delights to be found in the depths of the sea, and begging the sailors not to fear if they sank to the bottom. But the sailors could not understand the song, they took it for the howling of the storm. And these things were never to be beautiful for them; for if the ship sank, the men were drowned, and their dead bodies alone reached the palace of the Sea King. When the sisters rose, arm-in-arm, through the water in this way, their youngest sister would stand quite alone, looking after them, ready to cry, only that the mermaids have no tears, and therefore they suffer more. “Oh, were I but fifteen years old,” said she: “I know that I shall love the world up there, and all the people who live in it.” At last she reached her fifteenth year. “Well, now, you are grown up,” said the old dowager, her grandmother; “so you must let me adorn you like your other sisters;” and she placed a wreath of white lilies in her hair, and every flower leaf was half a pearl. Then the old lady ordered eight great oysters to attach themselves to the tail of the princess to show her high rank.
“Come, little sister,” said the other princesses; then they entwined their arms and rose up in a long row to the surface of the water, close by the spot where they knew the prince’s palace stood. It was built of bright yellow shining stone, with long flights of marble steps, one of which reached quite down to the sea. Splendid gilded cupolas rose over the roof, and between the pillars that surrounded the whole building stood life-like statues of marble. Through the clear crystal of the lofty windows could be seen noble rooms, with costly silk curtains and hangings of tapestry; while the walls were covered with beautiful paintings which were a pleasure to look at. In the centre of the largest saloon a fountain threw its sparkling jets high up into the glass cupola of the ceiling, through which the sun shone down upon the water and upon the beautiful plants growing round the basin of the fountain. Now that she knew where he lived, she spent many an evening and many a night on the water near the palace. She would swim much nearer the shore than any of the others ventured to do; indeed once she went quite up the narrow channel under the marble balcony, which threw a broad shadow on the water. Here she would sit and watch the young prince, who thought himself quite alone in the bright moonlight. She saw him many times of an evening sailing in a pleasant boat, with music playing and flags waving. She peeped out from among the green rushes, and if the wind caught her long silvery-white veil, those who saw it believed it to be a swan, spreading out its wings. On many a night, too, when the fishermen, with their torches, were out at sea, she heard them relate so many good things about the doings of the young prince, that she was glad she had saved his life when he had been tossed about half-dead on the waves. And she remembered that his head had rested on her bosom, and how heartily she had kissed him; but he knew nothing of all this, and could not even dream of her. She grew more and more fond of human beings, and wished more and more to be able to wander about with those whose world seemed to be so much larger than her own. They could fly over the sea in ships, and mount the high hills which were far above the clouds; and the lands they possessed, their woods and their fields, stretched far away beyond the reach of her sight. There was so much that she wished to know, and her sisters were unable to answer all her questions. Then she applied to her old grandmother, who knew all about the upper world, which she very rightly called the lands above the sea.
The little mermaid drew back the crimson curtain of the tent, and beheld the fair bride with her head resting on the prince’s breast. She bent down and kissed his fair brow, then looked at the sky on which the rosy dawn grew brighter and brighter; then she glanced at the sharp knife, and again fixed her eyes on the prince, who whispered the name of his bride in his dreams. She was in his thoughts, and the knife trembled in the hand of the little mermaid: then she flung it far away from her into the waves; the water turned red where it fell, and the drops that spurted up looked like blood. She cast one more lingering, half-fainting glance at the prince, and then threw herself from the ship into the sea, and thought her body was dissolving into foam. The sun rose above the waves, and his warm rays fell on the cold foam of the little mermaid, who did not feel as if she were dying. She saw the bright sun, and all around her floated hundreds of transparent beautiful beings; she could see through them the white sails of the ship, and the red clouds in the sky; their speech was melodious, but too ethereal to be heard by mortal ears, as they were also unseen by mortal eyes. The little mermaid perceived that she had a body like theirs, and that she continued to rise higher and higher out of the foam. “Where am I?” asked she, and her voice sounded ethereal, as the voice of those who were with her; no earthly music could imitate it. “Among the daughters of the air,” answered one of them. “A mermaid has not an immortal soul, nor can she obtain one unless she wins the love of a human being. On the power of another hangs her eternal destiny. But the daughters of the air, although they do not possess an immortal soul, can, by their good deeds, procure one for themselves. We fly to warm countries, and cool the sultry air that destroys mankind with the pestilence. We carry the perfume of the flowers to spread health and restoration. After we have striven for three hundred years to all the good in our power, we receive an immortal soul and take part in the happiness of mankind. You, poor little mermaid, have tried with your whole heart to do as we are doing; you have suffered and endured and raised yourself to the spirit-world by your good deeds; and now, by striving for three hundred years in the same way, you may obtain an immortal soul.” The little mermaid lifted her glorified eyes towards the sun, and felt them, for the first time, filling with tears. On the ship, in which she had left the prince, there were life and noise; she saw him and his beautiful bride searching for her; sorrowfully they gazed at the pearly foam, as if they knew she had thrown herself into the waves. Unseen she kissed the forehead of her bride, and fanned the prince, and then mounted with the other children of the air to a rosy cloud that floated through the aether.
The Little Mermaid by Hans Christian Andersen
The Little Mermaid by Hans Christian Andersen
Once upon a time, in a splendid palace on the bed of the bluest ocean, lived the Sea King, a wise old triton with a long flowing white beard. He lived in a magnificent palace, built of gaily coloured coral and seashells, together with his five daughters, very beautiful mermaids. Sirenetta, the youngest and loveliest of them all, also had a beautiful voice, and when she sang, the fishes flocked from all over the sea to listen to her. The shells gaped wide, showing their pearls and even the jellyfish stopped to listen. The young mermaid often sang, and each time, she would gaze upwards, seeking the faint sunlight that scarcely managed to filter down into the depths. “Oh, how I’d love to go up there and at last see the sky, which everyone says is so pretty, and hear the voices of humans and smell the scent of the flowers!” “You’re still too young!” said her mother. “In a year or two, when you’re fifteen. Only then will the King let you go up there, like your sisters!” Sirenetta spent her time wishing for the world of humans, she listened to her sisters’ stories, and every time they returned from the surface, she would ask them questions, to satisfy her curiosity. And as she waited for the day when she too would be allowed to reach the surface of the sea and meet the unknown world, Sirenetta spent her time in her wonderful sea garden. The seahorses kept her company, and sometimes a dolphin would come and play. Only the unfriendly starfish never replied when she called. At last, her long-desired birthday came. The night before, Sirenetta could not sleep a wink. In the morning, her father called her and, stroking her long golden hair, slipped a lovely carved flower into her locks . . . “There, now you can go to the surface. You’ll breathe air and see the sky. But remember! It’s not our world! We can only watch it and admire! We’re children of the sea and have no soul, as men do. Be careful and keep away from them; they can only bring bad luck!” In a second, Sirenetta had kissed her father and was darting smoothly towards the surface of the sea. She swam so fast with flicks of her slender tail, that even the fish could not keep up with her. Suddenly she popped out of the water. How wonderful! For the first time, she saw the great blue sky, in which as dusk began to fall, the first stars were peeping out and twinkling. The sun, already over the horizon, trailed a golden reflection that gently faded on the heaving waves. High overhead, a flock of gulls spotted the little mermaid and greeted her arrival with shrieks of pleasure. “It’s so lovely!” she exclaimed happily. But another nice surprise was in store for her: a ship was slowly sailing towards the rock on which Sirenetta was sitting. The sailors dropped anchor and the ship swayed gently in the calm sea. Sirenetta watched the men go about their work aboard, lighting the lanterns for the night. She could clearly hear their voices. “I’d love to speak to them!” she said to herself. But then she gazed sadly at her long flexible tail, her equivalent of legs, and said to herself: “I can never be like them!” Aboard ship, a strange excitement seemed to seize the crew, and a little later, the sky became a spray of many coloured lights and the crackle of fireworks filled the sky. “Long live the captain! Hurray for his 20th birthday. Hurray! Hurray . . . many happy returns!” Astonished at all this, the little mermaid caught sight of the young man in whose honour the display was being held. Tall and dignified, he was smiling happily, and Sirenetta could not take her eyes from him. She followed his every movement, fascinated by all that was happening. The party went on, but the sea grew more agitated. Sirenetta anxiously realized that the men were now in danger: an icy wind was sweeping the waves, the ink black sky was torn by flashes of lightning, then a terrible storm broke suddenly over the helpless ship. In vain Sirenetta screamed: “Look out! Beware of the sea . . .” But the howling wind carried her words away, and the rising waves swept over the ship. Amidst the sailors’ shouts, masts and sails toppled onto the deck, and with a sinister splintering sound, the ship sank.
By the light of one of the oil lamps Sirenetta had seen the young captain fall into the water, and she swam to his rescue. But she could not find him in the high waves and, tired out, was about to give up, when suddenly there he was on the crest of a nearby wave. In an instant, he was swept straight into the mermaids arms. The young man was unconscious and the mermaid held his head above water in the stormy sea, in an effort to save his life. She clung to him for hours trying to fight the tiredness that was overtaking her. Then, as suddenly as it had sprung up, the storm died away. ln a grey dawn over a still angry sea, Sirenetta realized thankfully that land lay ahead. Aided by the motion of the waves, she pushed the captain’s body onto the shore, beyond the water’s edge. Unable herself to walk, the mermaid sat wringing her hands, her tail lapped by the rippling water, trying to warm the young captain with her own body. Then the sound of approaching voices startled Sirenetta and she slipped back into deeper water. “Come quickly! Quickly!” came a woman’s voice in alarm. “There’s a man here! Look, I think he’s unconscious!” The captain was now in good hands. “Let’s take him up to the castle!” “No, no! Better get help . . .” And the first thing the young man saw when he opened his eyes again was the beautiful face of the youngest of a group of three ladies. “Thank you! Thank you . . . for saving my life . . .” he murmured to the lovely unknown lady.
From the sea Sirenetta watched the man she had snatched from the waves turn towards the castle, without knowing that a mermaid had saved his life. Slowly swimming out to sea, Sirenetta felt that there on the beach she had left behind something she could never bring herself to forget. How wonderful those tremendous hours in the storm had been, as she had battled with the elements. And as she swam down towards her father’s palace, her sisters came to meet her, anxious to know what had kept her so long on the surface. Sirenetta started to tell her story, but suddenly a lump came to her throat and, bursting into tears, she fled to her room. She stayed there for days, refusing to see anyone or to touch food. She knew that her love for the young captain was without hope, for she was a mermaid and could never marry a human. Only the Witch of the Deeps could help her. But what price would she have to pay? Sirenetta decided to ask the Witch. “. . . so you want to get rid of your fishy tail, do you? I expect you’d like to have a pair of woman’s legs, isn’t that so?” said the nasty Witch scornfully, from her cave guarded by a giant squid. “Be warned!” she went on. “You will suffer horribly, as though a sword were cutting you apart. And every time you place your feet on the earth, you will feel dreadful pain!” “It doesn’t matter!” whispered Sirenetta, with tears in her eyes. “As long as I can go back to him!” “And that’s not all!” exclaimed the Witch. “In exchange for my spell, you must give me your lovely voice. You’ll never be able to utter a word again! And don’t forget! If the man you love marries someone else, you will not be able to turn into a mermaid again. You will just dissolve in water like the foam on the wave!” “All right!” said Sirenetta, eagerly taking the little jar holding the magic potion. The Witch had told Sirenetta that the young captain was actually a prince, and the mermaid left the water at a spot not far from the castle. She pulled herself onto the beach, then drank the magic potion. An agonizing pain made her faint, and when she came to her senses, she could mistily see the face she loved, smiling down at her. The witch’s magic had worked the spell, for the prince had felt a strange desire to go down to the beach, just as Sirenetta was arriving. There he had stumbled on her, and recalling how he too had once been washed up on the shore, gently laid his cloak over the still body, cast up by the waves. “Don’t be frightened!” he said quickly. “You’re quite safe! Where have you come from?” But Sirenetta was now dumb and could not reply, so the young man softly stroked her wet cheek.
“I’ll take you to the castle and look after you,” he said. In the days that followed, the mermaid started a new life. She wore splendid dresses and often went out on horseback with the prince. One evening, she was invited to a great ball at Court. However, as the Witch had foretold, every movement and each step she took was torture. Sirenetta bravely put up with her suffering, glad to be allowed to stay near her beloved prince. And though she could not speak to him, he was fond of her and showered kindness on her, to her great joy. However, the young man’s heart really belonged to the unknown lady he had seen as he lay on the shore, though he had never met her since, for she had returned at once to her own land. Even when he was in the company of Sirenetta, fond of her as he was, the unknown lady was always in his thoughts. And the little mermaid, guessing instinctively that she was not his true love, suffered even more. She often crept out of the castle at night, to weep by the seashore. Once she thought she could spy her sisters rise from the water and wave at her, but this made her feel sadder than ever. Fate, however, had another surprise in store. From the Castle ramparts one day, a huge ship was sighted sailing into the harbour. Together with Sirenetta, the prince went down to meet it. And who stepped from the vessel, but the unknown lady who had been for long in the prince’s heart. When he saw her, he rushed to greet her. Sirenetta felt herself turn to stone and a painful feeling pierced her heart: she was about to lose the prince for ever. The unknown lady too had never forgotten the young man she had found on the beach and soon after, he asked her to marry him. Since she too was in love, she happily said “yes”. A few days after the wedding, the happy couple were invited for a voyage on the huge ship, which was still in the harbour. Sirenetta too went on board, and the ship set sail. Night fell, and sick at heart over the loss of the prince, Sirenetta went on deck. She remembered the Witch’s prophecy, and was now ready to give up her life and dissolve in the sea. Suddenly she heard a cry from the water and dimly saw her sisters in the darkness. “Sirenetta! Sirenetta! It’s us, your sisters! We’ve heard all about what happened! Look! Do you see this knife? It’s magic! The Witch gave it to us in exchange for our hair. Take it! Kill the prince before dawn, and you will become a mermaid again and forget all your troubles!”
As though in a trance, Sirenetta clasped the knife and entered the cabin where the prince and his bride lay asleep. But as she gazed at the young man’s sleeping face, she simply blew him a furtive kiss, before running back on deck. When dawn broke, she threw the knife into the sea. Then she shot a parting glance at the world she was leaving behind, and dived into the waves, ready to turn into the foam of the sea from whence she had come, and vanish. As the sun rose over the horizon, it cast a long golden ray of light across the sea, and in the chilly water, Sirenetta turned towards it for the last time. Suddenly, as though by magic, a mysterious force drew her out of the water, and she felt herself lifted high into the sky. The clouds were tinged with pink, the sea rippled in the early mornlng breeze, and the little mermaid heard a whisper through the tinkling of bells: “Sirenetta, Sirenetta! Come with us…” “Who are you?” asked the mermaid, surprised to find she had recovered the use of her voice. “Where am l?” “You’re with us in the sky. We’re the fairies of the air! We have no soul as men do, but our task is to help them. We take amongst us only those who have shown kindness to men!” Greatly touched, Sirenetta looked down over the sea towards the prince’s ship, and felt tears spring to her eyes. The fairies of the air whispered to her: “Look! The earth flowers are waiting for our tears to turn into the morning dew! Come along with us…”
Once upon a time, in a splendid palace on the bed of the bluest ocean, lived the Sea King, a wise old triton with a long flowing white beard. He lived in a magnificent palace, built of gaily coloured coral and seashells, together with his five daughters, very beautiful mermaids. Sirenetta, the youngest and loveliest of them all, also had a beautiful voice, and when she sang, the fishes flocked from all over the sea to listen to her. The shells gaped wide, showing their pearls and even the jellyfish stopped to listen. The young mermaid often sang, and each time, she would gaze upwards, seeking the faint sunlight that scarcely managed to filter down into the depths. “Oh, how I’d love to go up there and at last see the sky, which everyone says is so pretty, and hear the voices of humans and smell the scent of the flowers!” “You’re still too young!” said her mother. “In a year or two, when you’re fifteen. Only then will the King let you go up there, like your sisters!” Sirenetta spent her time wishing for the world of humans, she listened to her sisters’ stories, and every time they returned from the surface, she would ask them questions, to satisfy her curiosity. And as she waited for the day when she too would be allowed to reach the surface of the sea and meet the unknown world, Sirenetta spent her time in her wonderful sea garden. The seahorses kept her company, and sometimes a dolphin would come and play. Only the unfriendly starfish never replied when she called. At last, her long-desired birthday came. The night before, Sirenetta could not sleep a wink. In the morning, her father called her and, stroking her long golden hair, slipped a lovely carved flower into her locks . . . “There, now you can go to the surface. You’ll breathe air and see the sky. But remember! It’s not our world! We can only watch it and admire! We’re children of the sea and have no soul, as men do. Be careful and keep away from them; they can only bring bad luck!” In a second, Sirenetta had kissed her father and was darting smoothly towards the surface of the sea. She swam so fast with flicks of her slender tail, that even the fish could not keep up with her. Suddenly she popped out of the water. How wonderful! For the first time, she saw the great blue sky, in which as dusk began to fall, the first stars were peeping out and twinkling. The sun, already over the horizon, trailed a golden reflection that gently faded on the heaving waves. High overhead, a flock of gulls spotted the little mermaid and greeted her arrival with shrieks of pleasure. “It’s so lovely!” she exclaimed happily. But another nice surprise was in store for her: a ship was slowly sailing towards the rock on which Sirenetta was sitting. The sailors dropped anchor and the ship swayed gently in the calm sea. Sirenetta watched the men go about their work aboard, lighting the lanterns for the night. She could clearly hear their voices. “I’d love to speak to them!” she said to herself. But then she gazed sadly at her long flexible tail, her equivalent of legs, and said to herself: “I can never be like them!” Aboard ship, a strange excitement seemed to seize the crew, and a little later, the sky became a spray of many coloured lights and the crackle of fireworks filled the sky. “Long live the captain! Hurray for his 20th birthday. Hurray! Hurray . . . many happy returns!” Astonished at all this, the little mermaid caught sight of the young man in whose honour the display was being held. Tall and dignified, he was smiling happily, and Sirenetta could not take her eyes from him. She followed his every movement, fascinated by all that was happening. The party went on, but the sea grew more agitated. Sirenetta anxiously realized that the men were now in danger: an icy wind was sweeping the waves, the ink black sky was torn by flashes of lightning, then a terrible storm broke suddenly over the helpless ship. In vain Sirenetta screamed: “Look out! Beware of the sea . . .” But the howling wind carried her words away, and the rising waves swept over the ship. Amidst the sailors’ shouts, masts and sails toppled onto the deck, and with a sinister splintering sound, the ship sank.
By the light of one of the oil lamps Sirenetta had seen the young captain fall into the water, and she swam to his rescue. But she could not find him in the high waves and, tired out, was about to give up, when suddenly there he was on the crest of a nearby wave. In an instant, he was swept straight into the mermaids arms. The young man was unconscious and the mermaid held his head above water in the stormy sea, in an effort to save his life. She clung to him for hours trying to fight the tiredness that was overtaking her. Then, as suddenly as it had sprung up, the storm died away. ln a grey dawn over a still angry sea, Sirenetta realized thankfully that land lay ahead. Aided by the motion of the waves, she pushed the captain’s body onto the shore, beyond the water’s edge. Unable herself to walk, the mermaid sat wringing her hands, her tail lapped by the rippling water, trying to warm the young captain with her own body. Then the sound of approaching voices startled Sirenetta and she slipped back into deeper water. “Come quickly! Quickly!” came a woman’s voice in alarm. “There’s a man here! Look, I think he’s unconscious!” The captain was now in good hands. “Let’s take him up to the castle!” “No, no! Better get help . . .” And the first thing the young man saw when he opened his eyes again was the beautiful face of the youngest of a group of three ladies. “Thank you! Thank you . . . for saving my life . . .” he murmured to the lovely unknown lady.
From the sea Sirenetta watched the man she had snatched from the waves turn towards the castle, without knowing that a mermaid had saved his life. Slowly swimming out to sea, Sirenetta felt that there on the beach she had left behind something she could never bring herself to forget. How wonderful those tremendous hours in the storm had been, as she had battled with the elements. And as she swam down towards her father’s palace, her sisters came to meet her, anxious to know what had kept her so long on the surface. Sirenetta started to tell her story, but suddenly a lump came to her throat and, bursting into tears, she fled to her room. She stayed there for days, refusing to see anyone or to touch food. She knew that her love for the young captain was without hope, for she was a mermaid and could never marry a human. Only the Witch of the Deeps could help her. But what price would she have to pay? Sirenetta decided to ask the Witch. “. . . so you want to get rid of your fishy tail, do you? I expect you’d like to have a pair of woman’s legs, isn’t that so?” said the nasty Witch scornfully, from her cave guarded by a giant squid. “Be warned!” she went on. “You will suffer horribly, as though a sword were cutting you apart. And every time you place your feet on the earth, you will feel dreadful pain!” “It doesn’t matter!” whispered Sirenetta, with tears in her eyes. “As long as I can go back to him!” “And that’s not all!” exclaimed the Witch. “In exchange for my spell, you must give me your lovely voice. You’ll never be able to utter a word again! And don’t forget! If the man you love marries someone else, you will not be able to turn into a mermaid again. You will just dissolve in water like the foam on the wave!” “All right!” said Sirenetta, eagerly taking the little jar holding the magic potion. The Witch had told Sirenetta that the young captain was actually a prince, and the mermaid left the water at a spot not far from the castle. She pulled herself onto the beach, then drank the magic potion. An agonizing pain made her faint, and when she came to her senses, she could mistily see the face she loved, smiling down at her. The witch’s magic had worked the spell, for the prince had felt a strange desire to go down to the beach, just as Sirenetta was arriving. There he had stumbled on her, and recalling how he too had once been washed up on the shore, gently laid his cloak over the still body, cast up by the waves. “Don’t be frightened!” he said quickly. “You’re quite safe! Where have you come from?” But Sirenetta was now dumb and could not reply, so the young man softly stroked her wet cheek.
“I’ll take you to the castle and look after you,” he said. In the days that followed, the mermaid started a new life. She wore splendid dresses and often went out on horseback with the prince. One evening, she was invited to a great ball at Court. However, as the Witch had foretold, every movement and each step she took was torture. Sirenetta bravely put up with her suffering, glad to be allowed to stay near her beloved prince. And though she could not speak to him, he was fond of her and showered kindness on her, to her great joy. However, the young man’s heart really belonged to the unknown lady he had seen as he lay on the shore, though he had never met her since, for she had returned at once to her own land. Even when he was in the company of Sirenetta, fond of her as he was, the unknown lady was always in his thoughts. And the little mermaid, guessing instinctively that she was not his true love, suffered even more. She often crept out of the castle at night, to weep by the seashore. Once she thought she could spy her sisters rise from the water and wave at her, but this made her feel sadder than ever. Fate, however, had another surprise in store. From the Castle ramparts one day, a huge ship was sighted sailing into the harbour. Together with Sirenetta, the prince went down to meet it. And who stepped from the vessel, but the unknown lady who had been for long in the prince’s heart. When he saw her, he rushed to greet her. Sirenetta felt herself turn to stone and a painful feeling pierced her heart: she was about to lose the prince for ever. The unknown lady too had never forgotten the young man she had found on the beach and soon after, he asked her to marry him. Since she too was in love, she happily said “yes”. A few days after the wedding, the happy couple were invited for a voyage on the huge ship, which was still in the harbour. Sirenetta too went on board, and the ship set sail. Night fell, and sick at heart over the loss of the prince, Sirenetta went on deck. She remembered the Witch’s prophecy, and was now ready to give up her life and dissolve in the sea. Suddenly she heard a cry from the water and dimly saw her sisters in the darkness. “Sirenetta! Sirenetta! It’s us, your sisters! We’ve heard all about what happened! Look! Do you see this knife? It’s magic! The Witch gave it to us in exchange for our hair. Take it! Kill the prince before dawn, and you will become a mermaid again and forget all your troubles!”
As though in a trance, Sirenetta clasped the knife and entered the cabin where the prince and his bride lay asleep. But as she gazed at the young man’s sleeping face, she simply blew him a furtive kiss, before running back on deck. When dawn broke, she threw the knife into the sea. Then she shot a parting glance at the world she was leaving behind, and dived into the waves, ready to turn into the foam of the sea from whence she had come, and vanish. As the sun rose over the horizon, it cast a long golden ray of light across the sea, and in the chilly water, Sirenetta turned towards it for the last time. Suddenly, as though by magic, a mysterious force drew her out of the water, and she felt herself lifted high into the sky. The clouds were tinged with pink, the sea rippled in the early mornlng breeze, and the little mermaid heard a whisper through the tinkling of bells: “Sirenetta, Sirenetta! Come with us…” “Who are you?” asked the mermaid, surprised to find she had recovered the use of her voice. “Where am l?” “You’re with us in the sky. We’re the fairies of the air! We have no soul as men do, but our task is to help them. We take amongst us only those who have shown kindness to men!” Greatly touched, Sirenetta looked down over the sea towards the prince’s ship, and felt tears spring to her eyes. The fairies of the air whispered to her: “Look! The earth flowers are waiting for our tears to turn into the morning dew! Come along with us…”
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