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Toxic Waste in Abidjan : Greenpeace Evaluation
The purpose of this briefing is to share with the public and the media
our current knowledge of what occurred in the recent case of toxic
waste dumping in the Ivory Coast.
Local authorities report that 6 people have died and close to 9000 people have sought treatment since the toxic wastes were dumped on open-air sites around Abidjan. Symptoms reported including respiratory problems, nausea, dizziness, vomiting (including throwing up blood), burns and irritation from the foul smelling waste. Currently we await the health and environmental reports from experts on the ground in the Ivory Coast to provide greater information on the scope of the crisis: a mission from the World Health Organisation (WHO), from the United Nations Disaster Assessment and Coordination (UNDAC), and from France.
The wastes disposed of around the city of Abidjan are liquid sludge containing large quantities of hydrocarbons, contaminated with at least three substances: hydrogen sulphide, mercaptans and caustic soda ( source: CIAPOL - Center for Anti-Pollution Control in the Ivory Coast).
Both hydrogen sulphide and mercaptans are toxic chemicals. Hydrogen sulphide is a gas which smells strongly of 'rotten eggs' and is a potent poison of the respiratory system. Exposure to high levels in air in a confined space can lead rapidly to loss of consciousness, respiratory failure and death, though in the open air it may be expected to be dispersed before reaching such lethal concentrations. Mercaptans are highly volatile and very strongly smelling chemicals (with a smell like garlic or rotting cabbages) which cause irritation to the eyes and respiratory system and can cause rapid onset of nausea. There is one reported case of a worker exposed to very high concentrations of methyl mercaptan in a confined space developing anaemia, going into a coma and dying. However, as mercaptans produce a highly offensive smell even at low (part per billion) concentrations in air and water and cause strong feelings of nausea and irritation at levels slightly above this, exposure to lethal concentrations is likely to be very rare.
If people have been exposed to high levels of hydrogen sulphide and mercaptans in the air as a result of the dumping operation, then symptoms such as nausea and respiratory problems could certainly be expected. However, with the very limited information available to date, it is not possible to confirm a direct link with cases in which people have been hospitalised with diarrhea or other symptoms, or with the reported deaths. Further investigations of the nature of the wastes, the extent of contamination of air, water and soils and of the underlying causes of the more serious illnesses and deaths are clearly urgently required.
On 19 August a Panamanian flagged ship, the Probo Koala, unloaded a toxic waste shipment in Abidjan, the main economic capitol of the Ivory Coast. However it was not until the first week of September when the Ivorian Ministry of Health announced an extraordinary meeting that led to the dismissal of its government on 6 September, that the incident began to draw international attention. (The Ivory government is in the process of rebuilding and recovery after years of civil war and a fragile government had been established under the supervision of ONUCI, the United Nations peace process in the Ivory Coast).
As international and/or local environmental laws may have been broken, Greenpeace calls for a transparent and thorough investigation by the respective international and local authorities. The facts behind the great suffering endured by the Ivory Coast through this deadly tragedy remain obscured by the vessel charterer, Trafigura. We base this conclusion on our research of the movements of the Probo Koala in Europe and in Africa, of an unclear association between Trafigura (the international petroleum trader who chartered the ship) and the Ivorian waste handling firm Societe Tommy, and of actions taken by the Dutch authorities while the ship was in the Netherlands. Greenpeace continues to investigate the chain of events leading to this irresponsible act, but the lack of transparency in the shipping industry as a whole, and specifically from Trafigura and various European port authorities, has grossly delayed the rights of the Ivorian public to know the facts of this tragedy. Official investigations on the national and international levels are urgently called for to establish liabilities, to indicate where nations are failing to uphold their international commitments and to make sure this deadly type of export never happens again.
What we know is that on several weeks before arriving in the Ivory Coast, MV Probo Koala attempted on 02 July to discharge toxic waste in the port of Amsterdam. Remarking on the strong smell of the waste, the Amsterdam Port Service realised that the waste was of an unusually toxic character. When informed that there would be an additional expense for treating the waste, the Probo Koala chose to look for a less costly option. Members of the Parliament of the Netherlands and an investigation by the public prosecutor are questioning why authorities allowed the ship to sail away with a toxic waste in its hold. A junior minister of the Dutch Ministry of the Environment has told an inquiry at the country's Parliament that he had did not have legal means to stop the ship leaving the Netherlands. The M|V Probo Koala, deciding against paying costs for waste treatment , on account of the conditions (financial) requested by the Dutch waste management company, then left for Estonia.
What was the route, the cargos and the slop generated by the Probo Koala between June 2006 and 19 August? Where was the ship before it reached Amsterdam? It is unclear what ports the Probo Koala visited and what cargos were loaded/discharged (including what slop was generated and/or discharged) before Abidjan. According to some sources, the Probo Koala stopped in the Spain at the port of Algeciras. Other reports say that the ship navigated the length of the coast of Africa looking for a port, possibly Senegal or by some accounts Nigeria. A company statement states that the waste disposed of in the Ivory Coast was from tank washings. After emptying its wastes and despite the beginning of a local investigation, the Probo Koala was permitted to sail from the autonomous port of Abidjan towards Estonia.
One question is whether the wastes were entirely generated via on board operations. In a statement to the press the charterer Trafigura states that the caustic nature of the waste was from use of caustic soda as a detergent for tank washings. However given the rarity of using caustic soda to wash tanks that carry refined petroleum products, it is not unreasonable to consider that the waste could come from land based sources.
An investigation will require determining the type of wastes involved which will then identify the applicable international legal framework. Two types of international legal frameworks may be involved: the MARPOL legislation (UN International Maritime Organization) regulating waste from onboard operations on ships, and the Basel Convention together with the Basel Ban (UNEP) that regulates the generation, trade and disposal of hazardous wastes. Under the Basel Ban, implemented into legally binding EU law, exports of hazardous wastes from the EU to non-OECD countries is prohibited.
Under the Basel Convention and its ban the responsibilities for the dumping of wastes in Abidjan will be tied to the generator of the hazardous wastes; the exporter of the wastes (charterer Trafigura) or to the country of export.
The EU has ratified and implemented the Basel convention. therefore, if the wastes in question are Basel convention wastes, the EU countries visited by the Probo Koala: the Netherlands, Spain or Estonia, could be liable to take the waste back if they were a country of export. Dutch authorities clearly had concerns about the waste on the ship. Under Basel they would have been obligated to prevent the ship from leaving the country with the waste on board. Any association between Trafigura and the waste handler, Societe Tommy, need to be investigated so that the international firm cannot pass blame onto a small local waste firm. While it is obvious that the crisis could not have happened without the involvement of public authorities and private interests on the Ivorian level, the company Trafigura clearly should be at the centre of an investigation into any attempt to take advantage of legal grey areas and non-transparent maritime regulations. Further, the responsibilities of European governments to allow the toxic waste to leave Europe needs to be taken into account. Any breach of international law must be fully investigated.
The MV Probo Koala, operates under the Panamanian flag. Its registered owner is "Celtic Legend Shipping Inc." of Norway. While the "beneficial owner" (and manager and operator) is Prime Marine Management, of Athens, Greece. The Probo Koala was chartered by Trafigura, LTD a subsidiary of the NL trading company Trafigura Beheer BV (the parent company of the 55 trading companies operated by Trafigura). Probo Koala's agent in Abidjan is WAIB-CL, and there was an intermediate company, between Trafigura LTD and WAIB-CL, called "SocieteTommy". Tommy was the entity that actually "disposed" of the 100's of metric tonnes of toxic waste throughout and around the city of Abidjan. The role of Puma Energy (100% owned by Trafigura based in Amstelveen, NL and controlled from Trafigura's Lucerne, Switzerland offices) remains unclear, as does its association with the company, "Tommy" and WAIB-CL, though the Ivorian authorities have arrested those directing each of WAIB-CL, Tommy and Puma Energy. Puma Energy has a local office in Abidjan, Cote d'Ivoire.
A significant impetus for the drafting of the Basel convention was the dumping of hazardous wastes in Africa during the 1980s, due to increasing costs associated with environmental and health protection requirements in developed countries.
The Basel Ban was initiated by the African group within the Basel convention context. Prior to that, Africa took leadership on the issue of transboundary movements of hazardous waste by adopting decisions under the auspices of the organization of African unity (OAU) declaring that all hazardous waste exports to Africa are banned. These OAU decisions were subsequently transformed in 1990 into an African treaty called the Bamako Convention that bans all hazardous waste for any purpose from being exported to Africa, and bans ocean dumping of such wastes. Africa has been and continues to stand united in its position prohibiting all hazardous waste from being exported to Africa. Ivory Coast has been a champion of this position. The EU is well aware of this highly public African position and needs to exercise its EU responsibility; beginning with ensuring the containment of the wastes from the biosphere, and launching a full investigation of the case.
Local authorities report that 6 people have died and close to 9000 people have sought treatment since the toxic wastes were dumped on open-air sites around Abidjan. Symptoms reported including respiratory problems, nausea, dizziness, vomiting (including throwing up blood), burns and irritation from the foul smelling waste. Currently we await the health and environmental reports from experts on the ground in the Ivory Coast to provide greater information on the scope of the crisis: a mission from the World Health Organisation (WHO), from the United Nations Disaster Assessment and Coordination (UNDAC), and from France.
Toxic wastes
The wastes disposed of around the city of Abidjan are liquid sludge containing large quantities of hydrocarbons, contaminated with at least three substances: hydrogen sulphide, mercaptans and caustic soda ( source: CIAPOL - Center for Anti-Pollution Control in the Ivory Coast).
Both hydrogen sulphide and mercaptans are toxic chemicals. Hydrogen sulphide is a gas which smells strongly of 'rotten eggs' and is a potent poison of the respiratory system. Exposure to high levels in air in a confined space can lead rapidly to loss of consciousness, respiratory failure and death, though in the open air it may be expected to be dispersed before reaching such lethal concentrations. Mercaptans are highly volatile and very strongly smelling chemicals (with a smell like garlic or rotting cabbages) which cause irritation to the eyes and respiratory system and can cause rapid onset of nausea. There is one reported case of a worker exposed to very high concentrations of methyl mercaptan in a confined space developing anaemia, going into a coma and dying. However, as mercaptans produce a highly offensive smell even at low (part per billion) concentrations in air and water and cause strong feelings of nausea and irritation at levels slightly above this, exposure to lethal concentrations is likely to be very rare.
If people have been exposed to high levels of hydrogen sulphide and mercaptans in the air as a result of the dumping operation, then symptoms such as nausea and respiratory problems could certainly be expected. However, with the very limited information available to date, it is not possible to confirm a direct link with cases in which people have been hospitalised with diarrhea or other symptoms, or with the reported deaths. Further investigations of the nature of the wastes, the extent of contamination of air, water and soils and of the underlying causes of the more serious illnesses and deaths are clearly urgently required.
The Investigation
On 19 August a Panamanian flagged ship, the Probo Koala, unloaded a toxic waste shipment in Abidjan, the main economic capitol of the Ivory Coast. However it was not until the first week of September when the Ivorian Ministry of Health announced an extraordinary meeting that led to the dismissal of its government on 6 September, that the incident began to draw international attention. (The Ivory government is in the process of rebuilding and recovery after years of civil war and a fragile government had been established under the supervision of ONUCI, the United Nations peace process in the Ivory Coast).
As international and/or local environmental laws may have been broken, Greenpeace calls for a transparent and thorough investigation by the respective international and local authorities. The facts behind the great suffering endured by the Ivory Coast through this deadly tragedy remain obscured by the vessel charterer, Trafigura. We base this conclusion on our research of the movements of the Probo Koala in Europe and in Africa, of an unclear association between Trafigura (the international petroleum trader who chartered the ship) and the Ivorian waste handling firm Societe Tommy, and of actions taken by the Dutch authorities while the ship was in the Netherlands. Greenpeace continues to investigate the chain of events leading to this irresponsible act, but the lack of transparency in the shipping industry as a whole, and specifically from Trafigura and various European port authorities, has grossly delayed the rights of the Ivorian public to know the facts of this tragedy. Official investigations on the national and international levels are urgently called for to establish liabilities, to indicate where nations are failing to uphold their international commitments and to make sure this deadly type of export never happens again.
What we know is that on several weeks before arriving in the Ivory Coast, MV Probo Koala attempted on 02 July to discharge toxic waste in the port of Amsterdam. Remarking on the strong smell of the waste, the Amsterdam Port Service realised that the waste was of an unusually toxic character. When informed that there would be an additional expense for treating the waste, the Probo Koala chose to look for a less costly option. Members of the Parliament of the Netherlands and an investigation by the public prosecutor are questioning why authorities allowed the ship to sail away with a toxic waste in its hold. A junior minister of the Dutch Ministry of the Environment has told an inquiry at the country's Parliament that he had did not have legal means to stop the ship leaving the Netherlands. The M|V Probo Koala, deciding against paying costs for waste treatment , on account of the conditions (financial) requested by the Dutch waste management company, then left for Estonia.
What was the route, the cargos and the slop generated by the Probo Koala between June 2006 and 19 August? Where was the ship before it reached Amsterdam? It is unclear what ports the Probo Koala visited and what cargos were loaded/discharged (including what slop was generated and/or discharged) before Abidjan. According to some sources, the Probo Koala stopped in the Spain at the port of Algeciras. Other reports say that the ship navigated the length of the coast of Africa looking for a port, possibly Senegal or by some accounts Nigeria. A company statement states that the waste disposed of in the Ivory Coast was from tank washings. After emptying its wastes and despite the beginning of a local investigation, the Probo Koala was permitted to sail from the autonomous port of Abidjan towards Estonia.
One question is whether the wastes were entirely generated via on board operations. In a statement to the press the charterer Trafigura states that the caustic nature of the waste was from use of caustic soda as a detergent for tank washings. However given the rarity of using caustic soda to wash tanks that carry refined petroleum products, it is not unreasonable to consider that the waste could come from land based sources.
Ascertaining Responsibility
An investigation will require determining the type of wastes involved which will then identify the applicable international legal framework. Two types of international legal frameworks may be involved: the MARPOL legislation (UN International Maritime Organization) regulating waste from onboard operations on ships, and the Basel Convention together with the Basel Ban (UNEP) that regulates the generation, trade and disposal of hazardous wastes. Under the Basel Ban, implemented into legally binding EU law, exports of hazardous wastes from the EU to non-OECD countries is prohibited.
Under the Basel Convention and its ban the responsibilities for the dumping of wastes in Abidjan will be tied to the generator of the hazardous wastes; the exporter of the wastes (charterer Trafigura) or to the country of export.
The EU has ratified and implemented the Basel convention. therefore, if the wastes in question are Basel convention wastes, the EU countries visited by the Probo Koala: the Netherlands, Spain or Estonia, could be liable to take the waste back if they were a country of export. Dutch authorities clearly had concerns about the waste on the ship. Under Basel they would have been obligated to prevent the ship from leaving the country with the waste on board. Any association between Trafigura and the waste handler, Societe Tommy, need to be investigated so that the international firm cannot pass blame onto a small local waste firm. While it is obvious that the crisis could not have happened without the involvement of public authorities and private interests on the Ivorian level, the company Trafigura clearly should be at the centre of an investigation into any attempt to take advantage of legal grey areas and non-transparent maritime regulations. Further, the responsibilities of European governments to allow the toxic waste to leave Europe needs to be taken into account. Any breach of international law must be fully investigated.
Notes on the Companies involved
The MV Probo Koala, operates under the Panamanian flag. Its registered owner is "Celtic Legend Shipping Inc." of Norway. While the "beneficial owner" (and manager and operator) is Prime Marine Management, of Athens, Greece. The Probo Koala was chartered by Trafigura, LTD a subsidiary of the NL trading company Trafigura Beheer BV (the parent company of the 55 trading companies operated by Trafigura). Probo Koala's agent in Abidjan is WAIB-CL, and there was an intermediate company, between Trafigura LTD and WAIB-CL, called "SocieteTommy". Tommy was the entity that actually "disposed" of the 100's of metric tonnes of toxic waste throughout and around the city of Abidjan. The role of Puma Energy (100% owned by Trafigura based in Amstelveen, NL and controlled from Trafigura's Lucerne, Switzerland offices) remains unclear, as does its association with the company, "Tommy" and WAIB-CL, though the Ivorian authorities have arrested those directing each of WAIB-CL, Tommy and Puma Energy. Puma Energy has a local office in Abidjan, Cote d'Ivoire.
African Regional Policy And Law Regarding Hazardous Waste Imports
A significant impetus for the drafting of the Basel convention was the dumping of hazardous wastes in Africa during the 1980s, due to increasing costs associated with environmental and health protection requirements in developed countries.
The Basel Ban was initiated by the African group within the Basel convention context. Prior to that, Africa took leadership on the issue of transboundary movements of hazardous waste by adopting decisions under the auspices of the organization of African unity (OAU) declaring that all hazardous waste exports to Africa are banned. These OAU decisions were subsequently transformed in 1990 into an African treaty called the Bamako Convention that bans all hazardous waste for any purpose from being exported to Africa, and bans ocean dumping of such wastes. Africa has been and continues to stand united in its position prohibiting all hazardous waste from being exported to Africa. Ivory Coast has been a champion of this position. The EU is well aware of this highly public African position and needs to exercise its EU responsibility; beginning with ensuring the containment of the wastes from the biosphere, and launching a full investigation of the case.
