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the toxic truth - Greenpeace

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

that not all of this money has been paid out<br />

to victims, and some victims may not have<br />

received any compensation. The last available<br />

government figures are from 2008. According<br />

to <strong>the</strong>se data only 63 per cent of victims<br />

recorded by <strong>the</strong> government as having suffered<br />

health impacts received payouts; it seems,<br />

however, from <strong>the</strong> figures that over 90 per cent<br />

of those recorded as having suffered economic<br />

loss received compensation. 592 The status of<br />

<strong>the</strong> social and community projects that <strong>the</strong><br />

compensation money was intended to fund<br />

has never been clarified. Amnesty International<br />

has asked <strong>the</strong> present government to provide<br />

information on <strong>the</strong>se projects and on <strong>the</strong><br />

present status of <strong>the</strong> compensation fund. At<br />

<strong>the</strong> time of printing, no information had been<br />

received.<br />

Compensation for health impacts – a flawed<br />

payment and distribution process<br />

In June 2007, four months after <strong>the</strong><br />

settlement was agreed, <strong>the</strong> government began<br />

<strong>the</strong> process of distributing compensation to<br />

victims of <strong>the</strong> waste dumping. The government<br />

drew up a list of 95,247 victims who were<br />

entitled to compensation and divided <strong>the</strong>se<br />

individuals into three categories:<br />

1) <strong>the</strong> families of those who had died; 2) <strong>the</strong><br />

“walking ill”; and 3) people who had been<br />

hospitalized. 593<br />

Under <strong>the</strong> first category, relatives of <strong>the</strong><br />

16 individuals whom <strong>the</strong> state recorded as<br />

having died due to exposure to <strong>the</strong> waste<br />

received <strong>the</strong> largest payout of CFA100 million<br />

each (around US$205,000). Under <strong>the</strong><br />

third category, <strong>the</strong> 75 individuals who had<br />

been recorded as hospitalized following <strong>the</strong><br />

dumping were allocated CFA2 million (around<br />

US$4,000) each. 594<br />

Under <strong>the</strong> second category, over 95,000<br />

people classified as “walking ill”, who had<br />

been seen by one of <strong>the</strong> emergency medical<br />

teams, were allocated lower payouts of<br />

CFA200,000 each (around US$400). 595<br />

Overall, <strong>the</strong> method used by <strong>the</strong> government<br />

to categorize <strong>the</strong> harm suffered by victims in<br />

order to facilitate compensation was flawed.<br />

Nei<strong>the</strong>r <strong>the</strong> second nor third categories took<br />

into consideration <strong>the</strong> severity of <strong>the</strong> harm<br />

suffered or <strong>the</strong> possibility of any long-term<br />

consequences or whe<strong>the</strong>r victims would<br />

require medical services in <strong>the</strong> future.<br />

Fur<strong>the</strong>rmore, medical services were not<br />

available for all victims. The emergency<br />

response of <strong>the</strong> Ivorian authorities was<br />

commendable under <strong>the</strong> circumstances,<br />

but over-stretched and under-resourced. As<br />

a consequence, many affected individuals<br />

did not have access to medical centres in<br />

<strong>the</strong> immediate aftermath of <strong>the</strong> dumping.<br />

Therefore, any negative health impacts <strong>the</strong>y<br />

suffered were not officially recorded.<br />

After <strong>the</strong> government compensation scheme<br />

was announced at <strong>the</strong> end of June 2007,<br />

<strong>the</strong>re were demonstrations by victims to<br />

protest against <strong>the</strong> low level of payouts and<br />

<strong>the</strong> fact that <strong>the</strong> government was keeping <strong>the</strong><br />

bulk of <strong>the</strong> settlement money. There were also<br />

many complaints of victims being left out of<br />

<strong>the</strong> scheme.<br />

The authorities used <strong>the</strong> medical forms (or<br />

fiches) that had been completed during <strong>the</strong><br />

medical emergency as <strong>the</strong> basis for drawing<br />

up <strong>the</strong> list of victims entitled to receive<br />

compensation. However, this led to a number<br />

of problems because <strong>the</strong>se forms were not<br />

originally created for this purpose. The medical<br />

forms only took into account those who had<br />

been registered at one of <strong>the</strong> designated<br />

state hospitals or by one of <strong>the</strong> emergency<br />

medical teams. This meant that those who had<br />

not seen a doctor, or who sought treatment<br />

privately or from traditional healers, were<br />

automatically excluded from <strong>the</strong> scheme. Exact<br />

figures vary, but it seems that a substantial<br />

number of people were excluded from <strong>the</strong><br />

compensation scheme on this basis. A survey<br />

conducted by Ligue Ivoirienne des Droits de<br />

l’Homme (LIDHO) found that only 35 per cent of<br />

<strong>the</strong> victims had been registered by <strong>the</strong> state. 596<br />

135<br />

Chapter 11

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