the toxic truth - Greenpeace
the toxic truth - Greenpeace
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.