the toxic truth - Greenpeace

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N’ZI KABLAN the toxic truth Trafigura Beheer BV branches 1 Ashgabat, Turkmenistan 2 Beijing, China 3 Bucharest, Romania 4 Caribbean 5 Dubai, UAE 6 Geneva, Switzerland 7 Lucerne, Switzerland 8 Moscow, Russia 9 Mumbai, India 10 Shanghai, China 11 Tokyo, Japan TRAFIGURA’S CORPORATE STRUCTURE Who is behind the toxic waste disaster? EMPLOYEE 4 6 7 PUMA ENERGY INTERNATIONAL BV Netherlands 100% PUMA ENERGY CÔTE D’IVOIRE SA Côte d’Ivoire Liaised with Compagnie Tommy and WAIBS 3 8 1 5 9 Gave instructions 2 10 100% 11 TRAFIGURA BEHEER BV Netherlands 100% TRAFIGURA LIMITED UK Instructed Probo Koala in Amsterdam and Abidjan SHAREHOLDERS (Management and key senior employees) CORPORATE HOLDING COMPANIES INVESTMENT COMPANIES AND OTHER STRUCTURES* CLAUDE DAUPHIN 100% DIRECTORS Based in the UK EMPLOYEE Based in the UK NAEEM AHMED TRAFIGURA AG Switzerland * this is a simplied representation of Tragura’s complex and opaque corporate structure. As of 2006 there are a number of other entities involved which have not been added to this infographic. Tragura Beheer BV is a subsidiary of Traftrade Holding BV, a company registered in Amsterdam. Farringford NV, a company registered in the Dutch Antilles, is the ultimate parent company of Tragura Beheer BV. 15 kEy faCTS Of ThE CaSE ERIC DE TURCKHEIM
16 Amnesty internAtionAl And greenpeAce netherlAnds kEy faCTS Of ThE CaSE about Côte d’IvoIre At the time of the events described in this report, Côte d’Ivoire was emer- ging from a serious political and military crisis during which widespread human rights violations were committed. In September 2002, following an armed uprising, the country was divided in two, with the South controlled by the government and the North held by a coalition of armed opposition groups called the Forces Nouvelles. In the following years, both sides committed serious human rights violations, some amounting to war crimes and crimes against humanity, including rape and sexual violence used as a weapon of war. On 4 March 2007, an agreement was signed by the then President, Laurent Gbagbo, and the Forces Nouvelles. Despite ongoing reports of serious human rights abuses in some areas, the situation in the country was relatively peaceful until 2010. The November 2010 presidential elections led to a political stalemate after outgoing President Laurent Gbagbo refused to recognize the victory of Alassane Ouattara. After months of fighting, where war crimes and crimes against humanity were committed by all sides, Alassane Ouattara was sworn in as President in May 2011 and institutions of government, which had been severely disrupted, began to operate again. International law on hazardous waste and human rights The illicit dumping of hazardous waste – often in developing countries – has been recognized in international law as a serious problem both for the environment and for people’s human rights. A number of legal instruments are in place at international, regional and national level, which aim to control the movement of dangerous waste. A number of these laws are directly relevant to the events described in this report and are outlined here: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) 8 The Basel Convention is an international treaty for the control and regulation of waste material that requires special attention or may pose a hazard to human health or the environment. 9 At the time of writing, 179 countries are party to, and therefore legally bound by, the treaty. Although the treaty primarily addresses the transboundary movement of hazardous and some defined “other” wastes, it also contains legal obligations to reduce the generation of wastes, recognizing that this is the best way to protect human health and the environment from the effects of such wastes. The Basel Convention defines wastes as “substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law” (Article 2). The term “disposal” is defined as meaning any operation specified in Annex IV of the Basel Convention; Annex IV includes operations for both final disposal (under Annex IV A) or recycling (under Annex IV B). Consequently, any substance that is intended for final disposal, recovery or reuse destinations is a “waste” under the treaty. In addition to the obligation to reduce the generation of hazardous waste, the Basel Convention creates obligations for the environmentally sound management of any hazardous waste that is generated, in order to protect human health and the environment. The Basel Convention defines any transboundary movement of hazardous or other wastes as illegal traffic if it is done: without notification to the state to which the waste is to be taken, requesting consent of that state; on the basis of consent obtained through falsification, misrepresentation, or fraud; if it does not conform in a material way with the documentation; or if it results in deliberate improper disposal (such as dumping). 10 The Convention also states that illegal traffic in hazardous wastes or other wastes is criminal. 11
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