the toxic truth - Greenpeace

the toxic truth
Failure to
prevent the
dumping –
responsibility
oF Côte d’ivoire
Côte d’Ivoire is a party to the International
Covenant on Economic, Social and Cultural
Rights, International Covenant on Civil
and Political Rights, the Basel Convention,
the MARPOL Convention and the Bamako
Convention. Under all of these treaties, the
government is required to regulate traffic in,
and arrangements for, handling or disposal of
hazardous waste to ensure that it does not
pose a threat to the rights to health, life and
other human rights of communities who may
be exposed to it.
Côte d’Ivoire has in place a legal framework
that reflects the provisions of international
treaties on hazardous waste. The importation
of wastes and hazardous wastes into Côte
d’Ivoire is prohibited by Law No. 88-651 of 7
July 1988 (Article 1) and framework Law No.
96-766 of 3 October 1996 (Article 99 and
101). 436 Under these laws, the unauthorized
importion of hazardous wastes and noxious
substances is a criminal offence.
In 2006 the government set up a National
Commission of Enquiry to investigate the
dumping of the toxic waste, and to identify
those who may have been involved and their
degree of responsibility. 437 The National
Commission of Enquiry found that various
authorities in Côte d’Ivoire had not properly
August 2007: A man points at an area where toxic waste has been
dumped in Abidjan. August 2007. © ANP/AFP/IssouF sANogo
implemented or enforced Ivorian laws. Some
of the main failures on the part of the Ivorian
authorities, which enabled toxic waste to be
illegally trafficked and dumped in Côte d’Ivoire,
are detailed below.
Failure to enforce
licence requirements
Compagnie Tommy’s flawed licence
The National Commission of Enquiry found
that Compagnie Tommy had been granted a
licence as a “maritime chandler specialising
in the emptying, maintenance and refuelling”
of ships, but that this licence had been
granted without following the required
procedures and there had been errors in the
ambit of the licence. 438
Compagnie Tommy’s licence as a maritime
chandler (avitailleur maritime) was granted
by the Ministry of Transport on 12 July
2006. A maritime chandler is described as
“any subsidiary maritime transport body
responsible for all provision of a ship’s
supplies”. 439 The National Commission noted
that, in addition to refuelling, a maritime
chandler may also deliver motor oils and spare
parts, which may require them to replace used
oils and rotting pieces. 440 However this was a
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Chapter 8