Update on the Côte d’Ivoire Toxic Waste Crisis
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The problems surrounding illegal shipment of hazardous waste briefly entered the international spotlight after the August 2006 dumping of toxic waste in Abidjan , Côte d’Ivoire by the ship “Probo Koala.” (See, Côte d’Ivoire Toxic Waste Scandal Triggers Legal Action in 3 Countries.)

The Probo Koala tanker was under lease by the Dutch company Trafigura Beheer BV , which was also involved in the UN Oil for Food scandal. While at port in Amsterdam , the company refused to pay the US$600,000 needed to properly dispose of more than 400 tons of toxic waste. Instead, Trafigura chartered a company in Côte d’Ivoire, named “Tommy,” to dispose of the toxic waste for $20,000. On the night of 19 August 2006 , Tommy dumped the toxic waste from the Probo Koala at 16 open-air sites in residential areas of Abidjan.

The toxic waste had widespread effects on the human, social, and economic health of people in the city. Fifteen people died, 69 were hospitalized, and over 100,000 people sought medical attention. The local government was overwhelmed by the demand for medical services. This strain was exacerbated by civic unrest amid rumors of official corruption and involvement in the dumping. Agricultural activities and businesses were also stymied by the intensity of this disaster.

The 16 dumpsites in Côte d’Ivoire included the main civic landfill, wastewater systems, lagoons, and a bread factory. The pollution of the civic landfill dumpsite has disrupted routine waste disposal services and sparked a gridlock in the buildup of municipal waste. The discovery of five new acres of polluted land in December 2006 has supported suspicions that all the dumpsites have not yet been located.

Clean-up efforts began immediately with exports of the toxic waste to France for proper treatment and disposal. However, the contamination has managed to spread to groundwater supplies and fisheries. Tredi, a French company, has been employed in decontamination efforts since September, but since March 2007 has ceased to remove the last 2,500-3,000 tons of waste because it lacks authorization from the Ivorian government to do so. As of mid-June, the company is still waiting for authorization.

The Côte d’Ivoire government settled its claim against Trafigura in February 2007. In exchange for the government’s giving up the right to further claims against Trafigura, Trafigura paid US$198 million for the release of three of its executives, who had been arrested and held without charge in Côte d’Ivoire since September 2006. Trafigura also agreed to finance the identification and cleaning of the remaining waste sites. In February the cost of clean up was an estimated $120 million over five years and $680 million over ten years since contaminants have reached groundwater supplies.

In June 2007, the Côte d’Ivoire technical development consultancy BNETD and the Anti-Pollution Centre released an initial estimated cost of $82 million for ongoing decontamination efforts and health monitoring for 2007-2012. Trafigura is now under new scrutiny to pay the $82 million with speculations running a final figure as high as $461 million. Trafigura has stated that it does not accept the $461 million as an option and is using an ongoing environmental audit to help estimate costs. The Ivorian government has declared that it will offer Trafigura the option to release itself from further environmental and medical liability to the state of Cote d’Ivoire with a payment of $460 million.

Despite the settlements, Trafigura consistently denies liability and insists that the Probo Koala’s cargo was not toxic. In May 2007 the Dutch News reported that the editors of online encyclopedia Wikipedia had to repeatedly restore the encyclopedia listing for the “Probo Koala,” because Trafigura kept changing the Dutch-language entry to say they had done nothing wrong. Wikipedia has now closed the entry to further edits. Its current version maintains a strong allegation of illegal conduct and responsibility for the disaster.

In the wake of the February settlement, the government of Côte d’Ivoire publicly declared that US$80,000 would go towards compensating victims of the dumping. As of mid-June, the residents of Abidjan have received nothing. President Laurent Gbagbo has declared his intent to proceed with the compensation process “with all the necessary rigour and transparency,” but that newly created victims associations were complicating matters. To clarify affairs, he declared that the official lists of victims would be checked against the lists given to the government by hospitals. He stated that toxic waste compensation funds would be directed at the State of Côte d’Ivoire first, then to regional communities, and lastly to the village communities.

While the wait continues, the victims have an additional option by which to seek compensation for their injuries. The British law firm Leigh Day & Co. is currently pursuing a class action lawsuit in the British High Court in London against Trafigura. In February, the case was given class action status, where all those from Abidjan who want to bring a claim and who meet certain criteria will be allowed to do so. Examples of the criteria include: (a) residency in or around Abidjan from 19 August to 19 November 2006 ; and (b) injury as a result of the toxic waste originating from the Probo Koala. The timetable for the claims requires that the defendants file their defense by 29 June 2007. The case will reconvene in September to decide a trial date. A trial in the summer of 2008 is expected.