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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.

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