the toxic truth - Greenpeace

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the toxic truth Recommendations to the government of Côte d’Ivoire » Publically report on how the compensation money received from Trafigura has been used to date. » Establish a process to ensure all of the remaining registered individuals whose health was impacted are able to access compensation from the state » Establish a medical study to monitor and evaluate the health of the affected population over time, in order to identify any long-term impacts. If necessary seek international support and assistance to conduct this study » Pursue investigations and prosecutions against all of those involved in the misappropriation of compensation funds agreed in the UK out-of-court settlement » Publically report on the changes made in law, regulation and practice in Côte d’Ivoire to prevent the illicit import and/or disposal of hazardous waste, and specifically the changes made to the regulatory framework applicable at port area. » Ensure that CIAPOL has a permanent location at the port of Abidjan » Publically report on the status of the recommendations of the National Commission of Enquiry and establish a mechanism to pursue the implementation of any outstanding recommendations » Ensure effective implementation of the IMO prohibitions on blending bulk liquid cargoes during sea voyages and carrying out production processes on board ships. In any case where such processes take place, the resulting wastes should be covered by the Basel Convention. » Amend the criminal code of Côte d’Ivoire to allow for companies to be held legally accountable for criminal conduct that can usually be attributed to a legal person. » Assess the legality of the Protocol d’accord, including the immunity from prosecution given to Trafigura. Recommendations to the government of the Netherlands » Establish guidance for public prosecutors on the investigation and prosecution of corporate criminal activity abroad with a view to ensuring that public prosecutors pursue cases where corporate criminal activity results in harm to human rights and/or the environment. » Ensure that companies that are incorporated in the Netherlands for tax purposes, regardless of the level of activity in the Netherlands, can be held to account for criminal activity resulting in environmental and human rights harm, including for crimes committed abroad or which have consequences abroad. » Engage with and support the government of Côte d’Ivoire to carry out a medical study to monitor and evaluate the health of the affected population over time, in order to identify any long-term impacts. 177 reCOmmeNdatIONS
178 Amnesty internAtionAl And greenpeAce netherlAnds reCOmmeNdatIONS Recommendations to the government of the United Kingdom » Given the clear evidence that at least part of the decision-making process on export of the waste from Europe and delivery to Abidjan emanated from London, the Crown Prosecution Service should investigate options for initiating a criminal prosecution against Trafigura and/or individuals in decision-making or supervisory positions within the company and/or other individuals, agents or employees who may have been involved in the commission of illegal acts. » Ensure effective implementation of the IMO prohibitions on blending bulk liquid cargoes during sea voyages and carrying out production processes on board ships. In any case where such processes take place, the resulting wastes should be covered by the Basel Convention. » Undertake a review of the regulatory framework in the UK in relation to the adequacy of measures to investigate and prosecute UK-registered companies for causing or contributing to illegal acts abroad. Recommendations to the government of the Norway » Undertake and publish a review of the decision not to prosecute Trafigura in relation to the Vest Tank case. This review should include: • A comprehensive review of the decision not to prosecute Trafigura in relation to the bringing hazardous waste to Norway. This should take into account all the places where the waste may have been produced, and not just the high seas. • An assessment of the applicability of other avenues for prosecution such as those available under domestic pollution control regulations, and provide an explanation as to why these were not considered. » Undertake a review of the regulatory framework in Norway in relation to the adequacy of measures to investigate and prosecute companies for crimes committed abroad or which have consequences abroad. Ensure this review is made public. Recommendation to the government of Mexico Investigate whether illegal conduct occurred with respect to the export of coker naphtha from Mexican territories in 2006 and 2007.
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