La tóxica verdad

the toxic truth On the morning of 20 August, 2006 the people of Abidjan, Côte d’Ivoire, woke up to find that foul-smelling, toxic waste had been dumped in numerous places around their city. Tens of thousands of people suffered from nausea, headaches, breathing difficulties, stinging eyes and burning skin. They did not know what was happening; there was wide-spread panic. Health centres and hospitals were soon overwhelmed. International agencies were drafted in to help overstretched local medical staff. More than 100,000 people were treated, according to official records, but it is likely that the number affected was higher as records are incomplete.

The waste that was dumped in Abidjan in August 2006 belonged to an oil trading company called Trafigura. It arrived in the country on board a cargo ship, the Probo Koala, chartered by Trafigura. The waste originated in Europe and, under international law, should not have been permitted to arrive in Côte d’Ivoire.

This report is the culmination of a three-year investigation by Amnesty International and Greenpeace Netherlands into the dumping, the events that led to it, and the action taken in response to the dumping. It is a story of corporate crime, human rights abuses and the failures of multiple governments to act to protect people and the environment from companies bent on making profit with scant regard for the human or environmental costs.

This case shows how national systems for enforcement of international law have failed to keep up with companies that operate trans-nationally.

It exposes how failures by the Netherlands and decisions made by a private company in the United Kingdom contributed to the disaster that unfolded in Côte d’Ivoire. It calls for far more robust action by governments to investigate, punish and redress corporate crimes that lead to human rights abuses and environmental damage.

The report lays out a clear case for the legal responsibilities of governments beyond their own borders and demonstrates how the exercise of extra-territorial jurisdiction in specific cases and contexts is vital to ensure that human rights are protected and those responsible for criminal acts are held to account.

The report argues for stronger action to hold Trafigura to account for the dumping of the waste in Abidjan, and for the full realization of the human right to an effective remedy for the victims of the toxic waste dumping.