the toxic truth - Greenpeace

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the toxic truth COMPARING THE COST What it would have cost Tragura to dispose of the waste safely versus what it actually cost to dump it Compensation to Ivory Coast (original in 2007) Payment under an endorsement to the original settlement in 2008 Compensation in UK case PR costs: several millions of dollars Human Misery Fine in Netherlands case Price to Tommy Legal fees in UK and NL 137 Chapter 11
138 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 11 “ I acknowledge that the Government has attempted to take steps in the registration of victims, those that registered at the health centres received free medical treatment during the wake of the crisis. However, there is much more that needs to be done. Throughout my meetings with various stakeholders, the complaints seem to be very similar. Some complain of not being able to get registered to receive compensation, others claim to be compensated, although not adequately, while others have still not received any compensation whatsoever. Many victims, apart from feeling the direct threat to their health, have also had 603 to leave their homes and businesses. ” Government suspension of payment process On 19 August 2009, the government announced the suspension of the payment process because of reported identity fraud and a problem of identification in the payment documents. It is not clear how many people on the official list of victims had yet to receive their compensation when the scheme was suspended, nor how many people were victims of identity fraud. Although the authorities have placed some information in the public domain, it is not easily accessible. As highlighted above, according to data on a government website, dated 28 October 2008, only 63 per cent of those registered as experiencing health impacts had received payments, although almost all of those who registered as having suffered economic losses had been paid. 604 Victims’ representatives have been vocal in demanding information about what happened to the money. 605 As noted above, at the time of writing the government had not provided any clear information about the money, how it has been spent, how much is left or how those with outstanding claims will be able to access the scheme that was suspended in August 2009. The settlement agreement– immunity for the Trafigura Parties As a term of the Ivorian Settlement, and in exchange for compensation, the government agreed that it: “waives once and for all its right to prosecute, claim, or mount any action or proceedings in the present or in the future” against the Trafigura Parties. 606 The implication of this clause is that all members of the Trafigura Group received and will continue to enjoy in the future a blanket immunity from any legal action relating to the toxic waste dumping in Côte d’Ivoire. The government agreed to this clause, despite charges having already been brought against three executives of the Trafigura Group – Dauphin, Valentini and Kablan – who were in custody at that time, and despite previous findings of the National Commission that two other employees of the corporate group, Morrero and Short, were aware that Compagnie Tommy did not have the capacity to treat the waste correctly. The release of the three Trafigura Group executives On 14 February 2007, one day after the settlement had been signed, the Ivorian court granted the three Trafigura Group executives immediate release on bail. That same day, Dauphin and Valentini left the country and did not return during the course of the outstanding criminal proceedings in relation to the dumping of the toxic waste. The release of these executives sparked public outrage in Côte d’Ivoire. Victims’ groups, who had not been consulted as part of the settlement negotiations, stated that they were astonished when the news was announced that the government had struck a deal with the company. Questions were asked about what this implied for the outcome of the criminal prosecution against the executives. 607
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