the toxic truth - Greenpeace

the toxic truth - Greenpeace the toxic truth - Greenpeace

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01.06.2013 Views

the toxic truth Trafigura rejected this new quote and asked for the waste to be reloaded on to the Probo Koala. After much discussion between the Dutch authorities, this was agreed to, despite the fact that the destination of the waste was unknown. On 19 August 2006, with the waste still on board, the Probo Koala arrived in Abidjan in Côte d’Ivoire. Trafigura proceeded to contract a newly licensed company, called Compagnie Tommy, to dispose of the waste at a local dumpsite. There was no mention, in the handwritten contract with Tommy, of treating the waste to make it safe. The waste was unloaded into trucks and taken to the dumpsite; however, concerns about the smell led the site to close. Truck drivers then dumped the rest of the waste at approximately 18 different locations around the city of Abidjan. On 20 August 2006, the population of Abidjan woke up to the appalling effects of the dumping. Tens of thousands of people experienced a range of similar health problems, including headaches, skin irritations and breathing problems. A major medical emergency ensued. In September 2006 two Trafigura executives, who had arrived in Abidjan following the dumping, were charged with offences relating to breaches of Ivorian public health and environmental laws, as well as poisoning or being accessories to poisoning. Other individuals, including a number of Ivorian port and customs officials, and the head of Compagnie Tommy, were also charged with offences relating to the dumping. On 13 February 2007 Trafigura and the government of Côte d’Ivoire reached a settlement, under which Trafigura agreed to pay the state of Côte d’Ivoire the sum of CFA95 billion (approximately US$195 million), and the government waived its right to prosecute or mount an action against the company. Neither Trafigura nor any of its executives were brought to trial in Côte d’Ivoire. Ultimately, only two individuals were convicted by a court in Abidjan: Salomon Ugborogbo, the head of Compagnie Tommy, and Essoin Kouao, a shipping agent from West African International Business Services (WAIBS). In June 2008, the Dutch Public Prosecutor brought charges against Trafigura Beheer BV and a number of other parties for the illegal export of the waste from the Netherlands to Africa. On 23 July 2010, the Dutch court handed down a guilty verdict on a number of kEy faCTS Of ThE CaSE 9

10 Amnesty internAtionAl And greenpeAce netherlAnds kEy faCTS Of ThE CaSE counts against Trafigura Beheer BV, a Londonbased executive of Trafigura Ltd. and the captain of the Probo Koala. The guilty verdict against Trafigura Beheer BV was upheld by the Dutch Court of Appeal in December 2011. The role played by Trafigura in relation to the dumping of toxic waste in Abidjan has never been subject to a full court proceeding. A large portion of the settlement amount paid to the state of Côte d’Ivoire was supposed to be allocated as compensation to the victims and for clean-up. As of July 2012, clean-up was reported to be complete, but questions remain about the adequacy of the process in some of the affected areas. The status of the compensation fund is unclear, but thousands of people whose health was affected could not access the government compensation scheme. In 2006, some 30,000 of the victims of the dumping filed a civil case against Trafigura in the United Kingdom (UK). On 23 September 2009, the High Court of England and Wales approved a UK£30 million (US$45 million) settlement between the parties. However, during the process of distributing this money to the victims in Abidjan, an organization known as the National Coordination of Toxic Waste Victims of Côte d’Ivoire (CNVDT-CI), falsely claiming to represent the claimants in the UK case, gained control of part of the money and approximately 6,000 victims did not receive their compensation. Côte d’Ivoire was plunged into political turmoil following the November 2010 elections, which led to a political stalemate and to serious human rights violations committed both by security forces loyal to the outgoing President Laurent Gbagbo and those loyal to Alassane Ouattara. All the country’s state institutions virtually stopped functioning during that time. The new president, Alassane Ouattara, was sworn in on 21 May 2011. Since then, state institutions have started functioning again. An investigation into the misappropriation of the UK compensation money was opened in 2011, and in May 2012, Côte d’Ivoire’s Minister of African Integration, Adama Bictogo, was removed from his post by the President because of his alleged role in the fraud. The investigation was ongoing at the time of writing. Despite some action by the states involved to investigate and sanction those who were involved in the dumping of the toxic waste, the victims have not seen justice done. The central actor – Trafigura – has evaded all but a limited Dutch prosection and the UK civil action. The truth about what happened has never fully come to light. Adequate compensation has not reached all of the victims. The circumstances that allowed more than 100,000 people to experience the horror of getting sick from an unknown toxic waste dumped where they live and work continue to exist.

<strong>the</strong> <strong>toxic</strong> <strong>truth</strong><br />

Trafigura rejected this new quote and asked<br />

for <strong>the</strong> waste to be reloaded on to <strong>the</strong> Probo<br />

Koala. After much discussion between <strong>the</strong><br />

Dutch authorities, this was agreed to, despite<br />

<strong>the</strong> fact that <strong>the</strong> destination of <strong>the</strong> waste was<br />

unknown.<br />

On 19 August 2006, with <strong>the</strong> waste still on<br />

board, <strong>the</strong> Probo Koala arrived in Abidjan in<br />

Côte d’Ivoire. Trafigura proceeded to contract<br />

a newly licensed company, called Compagnie<br />

Tommy, to dispose of <strong>the</strong> waste at a local<br />

dumpsite. There was no mention, in <strong>the</strong> handwritten<br />

contract with Tommy, of treating <strong>the</strong><br />

waste to make it safe. The waste was unloaded<br />

into trucks and taken to <strong>the</strong> dumpsite; however,<br />

concerns about <strong>the</strong> smell led <strong>the</strong> site to close.<br />

Truck drivers <strong>the</strong>n dumped <strong>the</strong> rest of <strong>the</strong><br />

waste at approximately 18 different locations<br />

around <strong>the</strong> city of Abidjan.<br />

On 20 August 2006, <strong>the</strong> population of<br />

Abidjan woke up to <strong>the</strong> appalling effects<br />

of <strong>the</strong> dumping. Tens of thousands of<br />

people experienced a range of similar<br />

health problems, including headaches, skin<br />

irritations and breathing problems. A major<br />

medical emergency ensued.<br />

In September 2006 two Trafigura executives,<br />

who had arrived in Abidjan following <strong>the</strong><br />

dumping, were charged with offences relating<br />

to breaches of Ivorian public health and<br />

environmental laws, as well as poisoning<br />

or being accessories to poisoning. O<strong>the</strong>r<br />

individuals, including a number of Ivorian<br />

port and customs officials, and <strong>the</strong> head of<br />

Compagnie Tommy, were also charged with<br />

offences relating to <strong>the</strong> dumping.<br />

On 13 February 2007 Trafigura and <strong>the</strong><br />

government of Côte d’Ivoire reached a<br />

settlement, under which Trafigura agreed to<br />

pay <strong>the</strong> state of Côte d’Ivoire <strong>the</strong> sum of CFA95<br />

billion (approximately US$195 million), and<br />

<strong>the</strong> government waived its right to prosecute or<br />

mount an action against <strong>the</strong> company.<br />

Nei<strong>the</strong>r Trafigura nor any of its executives were<br />

brought to trial in Côte d’Ivoire. Ultimately,<br />

only two individuals were convicted by a court<br />

in Abidjan: Salomon Ugborogbo, <strong>the</strong> head<br />

of Compagnie Tommy, and Essoin Kouao, a<br />

shipping agent from West African International<br />

Business Services (WAIBS).<br />

In June 2008, <strong>the</strong> Dutch Public Prosecutor<br />

brought charges against Trafigura Beheer BV<br />

and a number of o<strong>the</strong>r parties for <strong>the</strong> illegal<br />

export of <strong>the</strong> waste from <strong>the</strong> Ne<strong>the</strong>rlands<br />

to Africa. On 23 July 2010, <strong>the</strong> Dutch court<br />

handed down a guilty verdict on a number of<br />

kEy faCTS Of ThE CaSE<br />

9

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