the toxic truth - Greenpeace

the toxic truth - Greenpeace the toxic truth - Greenpeace

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the toxic truth ChemiCAls in the wAste Although several agencies conducted tests on the waste material carried by the Probo Koala and dumped in Abidjan, there is a lack of information about its exact chemical composition. The first test was carried out by Amsterdam Port Services (APS) in the Netherlands, six weeks before the dumping took place, and, as detailed in Chapter 3, this revealed a chemical oxygen demand (COD, a measure of contamination) that was substantially higher than APS had expected. The Netherlands Forensic Institute (NFI), which is part of the Dutch Ministry of Justice, also carried out tests on the aqueous and hydrocarbon layers of the waste. After the dumping had taken place, Centre Ivorienne AntiPollution (CIAPOL), part of the Ivorian Ministry of Environment also carried out analyses on samples of the waste found on the quay, as well as waste from the Akouédo dumping site. However, each of these tests had limitations in terms of what was analysed. This issue is discussed further in Chapter 6 and in the annex to this report. Trafigura has never published its own analysis of the waste. What is known is that the chemicals present in the waste included sodium hydroxide, mercaptides, sulphides, phenolates 238 and organic chemicals such as benzene, xylenes and toluene. Exposure to these chemicals and/or their reaction/decomposition products (some of which may have been formed and released if the pH – which is a measure of how alkaline or acidic a substance is – of the waste was lowered) in certain concentrations can lead to negative health impacts. Amnesty International and Greenpeace asked a toxicologist to review the publicly available evidence about the waste and to comment on likely impacts. As noted above, the publicly available information has limitations, but there is evidence to suggest that the pH of some of the dumped waste fell below 11, which would have resulted in a portion of the mercaptides being converted into mercaptans and being released into the air. 239 The likely effects of inhaling significant quantities of mercaptans would be headache, nausea and vomiting, coughing, dizziness and drowsiness. Mercaptans are recognized irritants of the eyes, skin, and respiratory tract. Both eyes and skin become red and painful, and prolonged exposure of the skin causes dermatitis. Mercaptides would be a source of mercaptan vapours as the pH of the waste decreased after it was dumped, but mercaptides themselves are also hazardous chemicals, including by skin contact, ingestion and aspiration (ie inhalation of droplets). The waste also contained sulphides. It is more difficult to determine whether individuals would have been exposed to hydrogen sulphide and in what concentrations. Hydrogen sulphide would be released if the pH (of parts of) the waste fell to between 7 and 8. A toxicologist consulted by Amnesty International and Greenpeace stated that, over time, it is likely that this lower pH could have been reached for some of the waste because of dilution by rainfall and contact with other soil ingredients. However, on the basis of the information available, it is not possible to say how long it would have taken to reach this stage. 240 The effects of exposure to hydrogen sulphide depend on the concentration of the chemical itself; high concentrations create the greatest risk. Hydrogen sulphide is irritating to the eyes and respiratory tract and affects the central nervous system. The effects of exposure are known to include headache, dizziness, cough, sore throat, nausea, and laboured breathing. Exposure of the eyes will result in them becoming red, painful, and there may be severe deep burns. Exposure to high concentrations of hydrogen sulphide can result in unconsciousness and death. Benzene, xylenes and toluene were also identified in the NFI analyses of the waste, but their concentrations in the air in Abidjan following the dumping of the waste are not known. Exposure to these organic chemicals could have had a range of negative health impacts. 241 Individuals can become drowsy and develop headaches. Many of these chemicals are respiratory tract irritants, and exposure could exacerbate breathing problems in individuals with conditions such as asthma or bronchitis. Initially, Trafigura denied that the waste was the sole cause of any effects on health, claiming that there were alternative plausible explanations for the mass attendance of people at medical centres in the days and weeks after the dumping. According to the company, other explanations for the reported health impacts could have included mass hysteria and people capitalizing on the provision of free health care by the state. Trafigura also suggested that people suffered negative effects due to a product that had been sprayed to kill mosquitoes in and around Abidjan in the days before the dumping. 242 Trafigura has since accepted that the waste could have had an effect on people’s health but only to a limited extent. In an out-of-court settlement with 30,000 victims in the UK personal injury claim (see Chapter 13), Trafigura accepted that the waste could have had a range of short-term health impacts that were comparable to “flu like symptoms”. 243 The underlying evidence on which this assessment is based has not been made public by Trafigura. 59 Chapter 5

60 Amnesty internAtionAl And greenpeAce netherlAnds Chapter 5 Was the waste toxic and did it kill people? This question was at the heart of the media debate in The Netherlands. trAfigurA: viCtim of the mediA? In the years after the dumping, Trafigura has publically denied that the Probo Koala waste was hazardous and caused serious injuries to health or deaths. It also complained that the media reporting on what happened in Côte d’Ivoire has been “biased”, “factually wrong” and “highly inaccurate” since the beginning. 244 According to Trafigura this has led to a “smear campaign against Trafigura from which environmental activists, journalists and politicians were seeking to gain at Trafigura’s expense.” 245 In the Netherlands - where the company faced criminal prosecution over the illegal export of hazardous waste – there has been intense debate in the media on the waste and whether or not it was hazardous. Trafigura has maintained that the waste was not dangerous. In general Trafigura’s assertions about the waste have not been seen as credible by the media. One journalist, Karel Knip of the Dutch newspaper NRC, has supported Trafigura’s claims about the waste and its impacts, and has, since the news of the dumping emerged, questioned whether the reported health effects and deaths could be attributed to the Probo Koala waste. As far Greenpeace and Amnesty International are aware, Knip is the only journalist who was given access by Trafigura to reports that Trafigura has refused to make public. Trafigura’s claims about the waste have been based on reports it holds but which it refuses to make public; therefore the content cannot be subject to scrutiny by scientists and medical experts. The Court of Amsterdam – in finding Trafigura guilty of illegal export of waste in 2010 – made particular reference to Trafigura’s relationship with the media, stating: “Trafigura is naturally at liberty to adopt an aggrieved attitude in this matter, however it is not proper behaviour to then point an accusing finger at the outside world without shedding light on the issue of whether or not Trafigura could perhaps assume any of the blame for the situation in which it found itself in July/August of 2006. In conducting itself in this manner, Trafigura is demonstrating its complete lack of faith in the media and in the sincerity of journalists, although it does make one exception, and that is with respect to the journalist Knip. He is the only one who understands and who - to the extent the Court must assume this with the aid of information from Trafigura - wrote an article during the course of these criminal proceedings as well as after Trafigura had presented its arguments - describing the relative harmlessness of the slops“ 246 Trafigura’s relationship with the media, stating: “Trafigura is naturally at liberty to adopt an aggrieved attitude in this matter, however it is not proper behaviour to then point an accusing finger at the outside world without shedding light on the issue of whether or not Trafigura could perhaps assume any of the blame for the situation in which it found itself in July/August of 2006. In conducting itself in this manner, Trafigura is demonstrating its complete lack of faith in the media and in the sincerity of journalists, although it does Based on the comments made by the Court, the Dutch newspaper, Trouw, published an article stating that the Court assumed that Knip had published incorrect information based on information from Trafigura. 247 Journalist Knip, submitted a complaint against Trouw to the Journalism Advisory Board. In response to a request from this Board, the Court of Amsterdam confirmed that Trouw’s reading of the court’s comments was correct 248 Based on the comments made by the Court, the Dutch newspaper, article stating that the Court assumed that Knip had published incorrect information based on information from Trafigura. a complaint against Board. In response to a request from this Board, the Court of Amsterdam confirmed that court’s comments was correct In November 2011 – a few weeks before the start of appeal proceedings began – a publicist, Jaffe Vink, published a book on the case: The toxic ship – a report on a journalistic scandal. In this publication, Vink claims that the Probo Koala waste was not toxic and that no one had died as a result of exposure to it. 249 The book, and newspaper articles by Vink and Knip, stirred a public debate in The Netherlands. They accused several media outlets (in particular the newspaper, Volkskrant) and Greenpeace of having “hypedup” the impacts of the waste. Greenpeace, specifically, was portrayed as playing a dominant, even catalytic, role in focusing attention on Trafigura and the Probo Koala case. 250 In November 2011 – a few weeks before the start of appeal proceedings began – a publicist, Jaffe Vink, published a book on the case: a journalistic scandal the Probo Koala died as a result of exposure to it. articles by Vink and Knip, stirred a public debate in The Netherlands. They accused several media outlets (in particular the newspaper, Volkskrant) and Greenpeace of having “hypedup” the impacts of the waste. Greenpeace, specifically, was portrayed as playing a dominant, even catalytic, role in focusing attention on Trafigura and the The public debate faded out when the Court of Appeal handed down its verdict on 23 December 2011 in which it confirmed the hazardous nature of the Probo Koala waste.

<strong>the</strong> <strong>toxic</strong> <strong>truth</strong><br />

ChemiCAls in <strong>the</strong> wAste<br />

Although several agencies conducted tests on <strong>the</strong> waste<br />

material carried by <strong>the</strong> Probo Koala and dumped in Abidjan,<br />

<strong>the</strong>re is a lack of information about its exact chemical<br />

composition. The first test was carried out by Amsterdam<br />

Port Services (APS) in <strong>the</strong> Ne<strong>the</strong>rlands, six weeks before<br />

<strong>the</strong> dumping took place, and, as detailed in Chapter 3, this<br />

revealed a chemical oxygen demand (COD, a measure of<br />

contamination) that was substantially higher than APS had<br />

expected. The Ne<strong>the</strong>rlands Forensic Institute (NFI), which is<br />

part of <strong>the</strong> Dutch Ministry of Justice, also carried out tests<br />

on <strong>the</strong> aqueous and hydrocarbon layers of <strong>the</strong> waste. After<br />

<strong>the</strong> dumping had taken place, Centre Ivorienne AntiPollution<br />

(CIAPOL), part of <strong>the</strong> Ivorian Ministry of Environment also<br />

carried out analyses on samples of <strong>the</strong> waste found on <strong>the</strong><br />

quay, as well as waste from <strong>the</strong> Akouédo dumping site. However,<br />

each of <strong>the</strong>se tests had limitations in terms of what<br />

was analysed. This issue is discussed fur<strong>the</strong>r in Chapter 6<br />

and in <strong>the</strong> annex to this report. Trafigura has never published<br />

its own analysis of <strong>the</strong> waste.<br />

What is known is that <strong>the</strong> chemicals present in <strong>the</strong> waste<br />

included sodium hydroxide, mercaptides, sulphides, phenolates<br />

238 and organic chemicals such as benzene, xylenes<br />

and toluene. Exposure to <strong>the</strong>se chemicals and/or <strong>the</strong>ir<br />

reaction/decomposition products (some of which may have<br />

been formed and released if <strong>the</strong> pH – which is a measure<br />

of how alkaline or acidic a substance is – of <strong>the</strong> waste was<br />

lowered) in certain concentrations can lead to negative<br />

health impacts.<br />

Amnesty International and <strong>Greenpeace</strong> asked a <strong>toxic</strong>ologist<br />

to review <strong>the</strong> publicly available evidence about <strong>the</strong> waste and<br />

to comment on likely impacts. As noted above, <strong>the</strong> publicly<br />

available information has limitations, but <strong>the</strong>re is evidence<br />

to suggest that <strong>the</strong> pH of some of <strong>the</strong> dumped waste fell<br />

below 11, which would have resulted in a portion of <strong>the</strong><br />

mercaptides being converted into mercaptans and being<br />

released into <strong>the</strong> air. 239<br />

The likely effects of inhaling significant quantities of mercaptans<br />

would be headache, nausea and vomiting, coughing,<br />

dizziness and drowsiness. Mercaptans are recognized<br />

irritants of <strong>the</strong> eyes, skin, and respiratory tract. Both eyes<br />

and skin become red and painful, and prolonged exposure of<br />

<strong>the</strong> skin causes dermatitis. Mercaptides would be a source<br />

of mercaptan vapours as <strong>the</strong> pH of <strong>the</strong> waste decreased<br />

after it was dumped, but mercaptides <strong>the</strong>mselves are also<br />

hazardous chemicals, including by skin contact, ingestion<br />

and aspiration (ie inhalation of droplets).<br />

The waste also contained sulphides. It is more difficult to<br />

determine whe<strong>the</strong>r individuals would have been exposed to<br />

hydrogen sulphide and in what concentrations. Hydrogen<br />

sulphide would be released if <strong>the</strong> pH (of parts of) <strong>the</strong> waste<br />

fell to between 7 and 8. A <strong>toxic</strong>ologist consulted by Amnesty<br />

International and <strong>Greenpeace</strong> stated that, over time, it is<br />

likely that this lower pH could have been reached for some<br />

of <strong>the</strong> waste because of dilution by rainfall and contact with<br />

o<strong>the</strong>r soil ingredients. However, on <strong>the</strong> basis of <strong>the</strong> information<br />

available, it is not possible to say how long it would<br />

have taken to reach this stage. 240 The effects of exposure<br />

to hydrogen sulphide depend on <strong>the</strong> concentration of <strong>the</strong><br />

chemical itself; high concentrations create <strong>the</strong> greatest risk.<br />

Hydrogen sulphide is irritating to <strong>the</strong> eyes and respiratory<br />

tract and affects <strong>the</strong> central nervous system. The effects of<br />

exposure are known to include headache, dizziness, cough,<br />

sore throat, nausea, and laboured breathing. Exposure of<br />

<strong>the</strong> eyes will result in <strong>the</strong>m becoming red, painful, and <strong>the</strong>re<br />

may be severe deep burns. Exposure to high concentrations<br />

of hydrogen sulphide can result in unconsciousness and<br />

death.<br />

Benzene, xylenes and toluene were also identified in <strong>the</strong> NFI<br />

analyses of <strong>the</strong> waste, but <strong>the</strong>ir concentrations in <strong>the</strong> air in<br />

Abidjan following <strong>the</strong> dumping of <strong>the</strong> waste are not known.<br />

Exposure to <strong>the</strong>se organic chemicals could have had a<br />

range of negative health impacts. 241 Individuals can become<br />

drowsy and develop headaches. Many of <strong>the</strong>se chemicals<br />

are respiratory tract irritants, and exposure could exacerbate<br />

breathing problems in individuals with conditions such as<br />

asthma or bronchitis.<br />

Initially, Trafigura denied that <strong>the</strong> waste was <strong>the</strong> sole cause<br />

of any effects on health, claiming that <strong>the</strong>re were alternative<br />

plausible explanations for <strong>the</strong> mass attendance of people<br />

at medical centres in <strong>the</strong> days and weeks after <strong>the</strong> dumping.<br />

According to <strong>the</strong> company, o<strong>the</strong>r explanations for <strong>the</strong><br />

reported health impacts could have included mass hysteria<br />

and people capitalizing on <strong>the</strong> provision of free health care<br />

by <strong>the</strong> state. Trafigura also suggested that people suffered<br />

negative effects due to a product that had been sprayed to<br />

kill mosquitoes in and around Abidjan in <strong>the</strong> days before <strong>the</strong><br />

dumping. 242<br />

Trafigura has since accepted that <strong>the</strong> waste could have had<br />

an effect on people’s health but only to a limited extent. In<br />

an out-of-court settlement with 30,000 victims in <strong>the</strong> UK<br />

personal injury claim (see Chapter 13), Trafigura accepted<br />

that <strong>the</strong> waste could have had a range of short-term health<br />

impacts that were comparable to “flu like symptoms”. 243 The<br />

underlying evidence on which this assessment is based has<br />

not been made public by Trafigura.<br />

59<br />

Chapter 5

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