the toxic truth - Greenpeace

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the toxic truth Customs Authority later acknowledged that they had taken little interest in Compagnie Tommy’s application 457 but, on the contrary, had facilitated the unloading of the waste by allocating three customs officials to supervise the operation. 458 Failure to inspect the ship The Port Authorities were aware that the Probo Koala was arriving in Abidjan to deposit waste and they had a copy of Trafigura’s email describing the waste as “chemical slops”, 459 so they should have investigated the ship to verify the nature of the materials it was carrying and ensure that these were not hazardous (in line with obligations under both Basel and Bamako conventions). However, neither the Customs Authority nor the Port Authority took any such action. They did not inspect the ship; they did not verify the nature of the waste; nor did they consult or engage the Ivorian environmental agencies. Even when one of the customs agents noticed the strong smell and started sneezing during the removal operation, 460 no action was taken to investigate the waste. Instead, the customs officials simply accepted the statement of the head of Tommy, Salomon Ugborogbo, that the waste was safe. 461 The National Commission of Enquiry also found that, well before the arrival of the Probo Koala, the General Director of Customs had prohibited his agents from going on board oil tankers and ships that did not unload merchandise. 462 The National Commission stated that this prohibition, which was justified as a step to avoid customs officials from bothering the ships’ crews, “without a doubt prevented control activities by custom agents on board the Probo Koala”. 463 The National Commission also described this as a “deliberate renunciation” by the General Director of his control powers as recognized by Article 49 of the Customs Code. 464 According to a second enquiry established by the Ivorian authorities, the Ivorian authorities: “ did not check whether the import of the waste was compatible with ‘an efficient and ecological rational management of such waste’ nor if it was done so as to protect human health and the environments from any adverse effect 465 which could result from it. ” Facilitating the departure of the Probo Koala after the toxic waste dumping Following the dumping, the Ministry for the Environment traced the waste material back to the Probo Koala. The environmental agency, CIAPOL, part of the Ministry for the Environment, tried to prevent the ship from leaving while investigations were conducted. 466 However, the port authorities insisted that the Director of CIAPOL obtain a formal notice from the Public Prosecutor, saying that this was the only way to block the Probo Koala ship. This was not the case. The port’s General Director had the power to immobilize all ships if information or investigation was needed. 467 The National Commission of Enquiry concluded that the port’s General Director, “gravely disregarded the powers and prerogatives linked to his responsibility as the General Director of Abidjan Autonomous Port and in fact aided the departure of the Probo Koala ship and deprived the state of Côte d’Ivoire of an essential piece of evidence needed to uncover the truth”. 468 The Harbourmaster Commander also facilitated the departure of the Probo Koala. The ship’s anchor had been blocked and, even while CIAPOL was attempting to prevent the ship’s departure, the Harbourmaster Commander “insisted that the IRES company unblock the anchor to enable the Probo Koala to leave quickly”. 469 The National Commission of Enquiry concluded that, by acting in this way, the Harbourmaster Commander “substituted himself for the WAIBS consignee whose role it was to assist the Probo Koala ship”. 470 The Harbourmaster Commander later told the National Commission of Enquiry 101 Chapter 8
102 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 8 reinstatement oF oFFiCials On 26 November 2006, only five days after the National Commission published its report, which severely criticized a number of state officials, including the General Director of the Port, the then President decreed that the heads of the Port Authority and Customs Authority, and the District Governor for Abidjan, who had been suspended on 14 September 2006, should be reinstated. 475 They resumed their posts as from 16 December 2006. In a national television broadcast calling on the President to rescind this decision, the Prime Minister stated that the decrees were “a major obstacle in the fight against impunity”. 476 The reinstatement of the officials implicated in the dumping of the waste occurred while criminal investigations against them were still continuing. that “blocking a boat is very expensive and necessitates appropriate authorization, insofar as the ship had actually provided all of the required documents”. 471 The National Commission stated that “the port authorities have proven to be known accomplices in the dumping of the toxic waste as well as in the departure of the Probo Koala. 472 The National Commission also observed that the General Administrator of Puma Energy, the Director of West African International Business Services (WAIBS), the ex-General Director of Maritime and Port Affairs, the Harbourmaster Commander were all marine officials and previous employees of Sitram [a shipping agency]. They also have confirmed that they knew each other very well. 473 The National Commission highlighted its concern that “the attitude of certain actors observed by the Commission, allows us to perceive hints of corruption and unrestrained search for gains in disregard to human life”. 474 Wider administrative failures It is clear that a lack of co-ordination, as well as conflict between different state agencies, were major factors in the state failures that led to the dumping. The environmental agency, CIAPOL, has a duty under Ivorian law to systematically analyze Ivorian waters, control coastal areas, and apply the laws relating to the prevention of pollution in marine areas. 477 However, CIAPOL did not exercise any such control over the impact of shipping on pollution. The National Commission of Enquiry found that this was because the Port Authority had not invited CIAPOL to participate in meetings to determine the movement of ships, and denied CIAPOL agents a permanent presence at the port. 478 As noted by the UN Special Rapporteur on Toxic Waste and Human Rights, CIAPOL was “not in a position to conduct systematic inspection of ships docking in the port”. 479 Failure to properly regulate the Akouédo dumpsite The District Governor for Abidjan had a duty in domestic law to ensure environmental protection and management of waste in the District of Abidjan. 480 However, the National Commission of Enquiry found that the Governor did not implement laws governing the management of industrial waste in relation to the Akouédo dumpsite. 481
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