104
Amnesty international and greenpeace netherlands
Chapter 8
State responsibility By not enforcing laws to prevent the import of hazardous waste into the country, the government of Côte d’Ivoire failed to take all necessary measures to safeguard persons within their jurisdiction from infringements of the rights to health and work by Trafigura and Compagnie Tommy. The authorities failed to implement regulations relating to the licensing of companies to carry out removal of waste from ships. They failed to inspect the ship and its contents or verify the nature of the waste, despite indications that it may be hazardous. Nor did they regulate the Akouédo dumpsite to ensure that its operators did not accept industrial and hazardous wastes.
The government of Côte d’Ivoire breached its obligation under Article s 12.1 and 12.2(b) of the International Covenant on Economic, Social and Cultural Rights to prevent and reduce “the population’s exposure to harmful substances such as... harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health”.487 The government also breached its obligations under the Basel and Bamako conventions to prevent illegal traffic, import and disposal of hazardous waste by persons who were not authorized to perform such operations.488
The Ivorian Prime Minister Charles Konan Banny (middle) and French Minister for Cooperation Brigitte Girardin (right) visit one of several sites in Abidjan where toxic waste was dumped illegally, 8 September 2006. © UN Photo/Ky Chung