the toxic truth - Greenpeace

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