the toxic truth - Greenpeace
the toxic truth - Greenpeace
the toxic truth - Greenpeace
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216 Amnesty internAtionAl And greenpeAce ne<strong>the</strong>rlAnds<br />
ANNEX I<br />
Trafigura’s position<br />
It is clear that, in <strong>the</strong> absence of definitive<br />
data on <strong>the</strong> composition of <strong>the</strong> waste and<br />
<strong>the</strong> variables prevailing in each of <strong>the</strong><br />
many locations <strong>the</strong> waste was dumped, it<br />
is impossible to say that <strong>the</strong> <strong>toxic</strong> waste<br />
dumping did not contribute in some measure<br />
to more serious health impacts such as<br />
miscarriages and/or deaths as claimed by<br />
victims interviewed by Amnesty International<br />
and recorded by <strong>the</strong> Ivorian authorities.<br />
In contrast, Trafigura has been very specific<br />
about what it asserts could have been <strong>the</strong><br />
health impacts of <strong>the</strong> waste on <strong>the</strong> people of<br />
Abidjan.<br />
» Initially, Trafigura denied that <strong>the</strong> waste<br />
could have had any health effects,<br />
claiming that <strong>the</strong>re were alternative<br />
plausible explanations for <strong>the</strong> 100,000<br />
who were registered in state hospitals in<br />
Abidjan in <strong>the</strong> aftermath of <strong>the</strong> dumping,<br />
including mass hysteria, people free-riding<br />
on <strong>the</strong> provision of free health care by <strong>the</strong><br />
state or <strong>the</strong> fact that a product had been<br />
sprayed to kill mosquitoes in and around<br />
Abidjan at <strong>the</strong> same time:<br />
“ fur<strong>the</strong>r, any false impression and/<br />
or fear of <strong>toxic</strong>ity and false reporting would<br />
have been increased by … <strong>the</strong> offer of free,<br />
universal health care; … local doctors<br />
reportedly notifying patients not to drink<br />
57<br />
milk in case it was radioactive ”<br />
“ on 19 August 2006 … <strong>the</strong> product<br />
k-oTHrIne-ec25 … was sprayed from a<br />
helicopter to kill mosquitoes in and around<br />
Abidjan. … The spraying was reported<br />
to have caused an odour with children<br />
under 5 years old and old people reporting<br />
‘breathing problems’ and problems with<br />
58<br />
palpitations ”<br />
» In its out of court settlement with 30,000<br />
victims in <strong>the</strong> personal injury claim brought<br />
in <strong>the</strong> UK, Trafigura <strong>the</strong>n accepted that<br />
<strong>the</strong> waste could have had some shortterm<br />
health impacts. In an agreed joint<br />
statement with <strong>the</strong> claimants’ lawyers,<br />
Trafigura stated that <strong>the</strong> waste could have<br />
caused “flu like symptoms”. To date,<br />
Trafigura has refused to specify what<br />
“flu-like symptoms” <strong>the</strong>y acknowledge<br />
could have been caused by <strong>the</strong> waste. This<br />
is important because flu-like symptoms<br />
potentially encompass a wide range of<br />
symptoms, from mild to severe.<br />
While <strong>the</strong> statement specifically states that<br />
<strong>the</strong> waste could “at worst” have caused flu-like<br />
symptoms, it remains <strong>the</strong> case that Trafigura<br />
has now accepted that short-term health<br />
impacts could have been caused by <strong>the</strong> waste.<br />
To this day, Trafigura categorically rejects<br />
victims’ claims that deaths, miscarriages and<br />
serious injuries were caused by <strong>the</strong> waste.<br />
The company states that this is supported<br />
by <strong>the</strong> work of independent experts who have<br />
estimated, based on modelling, what quantity<br />
of chemicals would evaporate and over what<br />
interval. These estimations were based on<br />
assumptions about <strong>the</strong> fall in pH and one<br />
real measurement 22 days after dumping.<br />
This indicated that <strong>the</strong> pH of <strong>the</strong> waste fell to<br />
about 9.5 after 22 days. Trafigura have stated<br />
that “none of <strong>the</strong> chemical constituents of<br />
<strong>the</strong> waste can have released in quantities<br />
and in a manner sufficient to cause any<br />
<strong>toxic</strong>ological injury.” 60 The expert results<br />
were summarized in evidence presented by<br />
Trafigura to <strong>the</strong> High Court in London in a reply<br />
to <strong>the</strong> BBC. However, <strong>the</strong> original experts,<br />
reports commissioned by Trafigura and <strong>the</strong><br />
expert reports commissioned by <strong>the</strong> victims<br />
that were part of <strong>the</strong> UK group action case are<br />
not available for scrutiny. The assumptions<br />
used in <strong>the</strong>se estimations that Trafigura refers<br />
to can <strong>the</strong>refore not be reviewed.