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the toxic truth - Greenpeace

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46 Amnesty internAtionAl And greenpeAce ne<strong>the</strong>rlAnds<br />

Chapter 4<br />

A meeting was <strong>the</strong>n held on 18 August 2006<br />

between <strong>the</strong> head of Compagnie Tommy,<br />

Salomon Ugborogbo, Kablan from Puma,<br />

and a WAIBS employee. 163 At <strong>the</strong> meeting<br />

Ugborogbo gave Kablan a contract in <strong>the</strong> form<br />

of a handwritten letter.<br />

As can be seen from <strong>the</strong> letter (reproduced<br />

above), <strong>the</strong> headed notepaper clearly showed<br />

that Compagnie Tommy had only received its<br />

licence <strong>the</strong> previous month, on 12 July 2006.<br />

The contract states that Compagnie Tommy<br />

will “discharge” <strong>the</strong> waste in a place called<br />

“Akouédo”.<br />

Akouédo is an open dumpsite for domestic<br />

waste, located in a residential district of<br />

Abidjan. It does not have facilities for storing<br />

or processing hazardous waste. Arguably,<br />

Puma, a local company, should have known<br />

what Akouédo dump was. In any case, it<br />

would have been very easy for ei<strong>the</strong>r Puma<br />

or Trafigura to check this, and, as <strong>the</strong> owner<br />

of <strong>the</strong> waste, Trafigura had a responsibility<br />

to undertake appropriate due diligence with<br />

regard to <strong>the</strong> proper treatment and disposal of<br />

<strong>the</strong> waste. 164<br />

The contract provided for <strong>the</strong> discharge<br />

of “MARPOL slops” at US$30 per m 3 and<br />

“Chemical Slops” at US$35 per m 3 . This<br />

contrasted sharply with <strong>the</strong> quote of €1,000<br />

per m 3 quoted by APS to dispose of <strong>the</strong> waste<br />

in <strong>the</strong> Ne<strong>the</strong>rlands.<br />

On Saturday 19 August 2006, <strong>the</strong> Probo<br />

Koala arrived at <strong>the</strong> Port of Abidjan. Trucks<br />

and drivers hired by Compagnie Tommy were<br />

waiting to offload <strong>the</strong> waste, and work started<br />

<strong>the</strong> same afternoon. 165<br />

During <strong>the</strong> offloading process at <strong>the</strong> Port of<br />

Abidjan, one of <strong>the</strong> customs officials who was<br />

present reported feeling ill due to <strong>the</strong> smell<br />

from <strong>the</strong> waste. In a later court case in Côte<br />

d’Ivoire, <strong>the</strong> customs official stated that <strong>the</strong><br />

smell had been so unbearable that he and his<br />

colleagues had posted <strong>the</strong>mselves upwind<br />

to avoid breathing it in, and that he had later<br />

sought medical treatment through his line<br />

manager. 166<br />

Despite this, <strong>the</strong> customs officials took no<br />

fur<strong>the</strong>r action to prevent <strong>the</strong> waste from<br />

being offloaded or to raise <strong>the</strong> alert about a<br />

potential problem with it. Customs officers<br />

accepted <strong>the</strong> explanation offered by Salomon<br />

Ugborogbo that <strong>the</strong> waste had been certified<br />

by a chemist as safe. 167 However, <strong>the</strong>re is no<br />

evidence that a chemist ever looked at <strong>the</strong><br />

material.

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