GENEVA – Twenty years after Trafigura’s dumping of toxic waste from the M.V. Probo Koala in Côte d’Ivoire, thousands of victims continue to seek justice, accountability and effective remedies for the human rights infringements they suffered, UN experts* said today.
“This case is yet another example of hazardous waste being transferred to the developing world, resulting in widespread violations of human rights, in particular to the rights to life, health, healthy environment, and effective remedy, among others, and flagrant environmental racism,” the experts said.
In August 2006, the Probo Koala, chartered by the commodity trading company Trafigura, offloaded toxic waste at the Port of Abidjan that was then dumped by Trafigura’s local contractor at multiple sites across the city.
“While the late Trafigura CEO, Claude Dauphin, and other executives bought their way out of accountability through financial settlements with Côte d’Ivoire and others, victims continue to seek justice and reparations,” the experts said.
In July 2006, the Probo Koala started to offload its toxic cargo in Amsterdam before arriving in Côte d’Ivoire. Trafigura, however, decided to reload the toxic waste on the Probo Koala, after the local company that was to handle the waste tested it and revised the cost of disposal. Authorities in The Netherlands allowed the Probo Koala to leave port, in breach of applicable laws.
From the day of the dumping in Abidjan and in the six-months that followed, residents living near the affected areas suffered from severe health symptoms, including nausea, headaches, respiratory difficulties, eye irritation and skin burns. According to official records, 17 people died of toxic gas inhalation and more than 100,000 people sought medical attention in health centres and hospitals.
Victims have brought several civil actions in Côte d’Ivoire to obtain reparation from the companies responsible and the State. However, only a few of them obtained compensation, with those who were successful receiving very small amounts.
Victims also brought civil action in the United Kingdom against Trafigura. While Approximately 30,000 claimants reached an out-of-court settlement with Trafigura, many victims reportedly never received the compensation intended for them.
Furthermore, expert evidence was sealed under the terms of the settlement. “Corporations must not be allowed to seal crucial scientific and other evidence from public view in legal settlements involving toxic substances,” the experts said.
In 2008, the Special Rapporteur on toxics and human rights visited Côte d’Ivoire and the Netherlands and engaged Trafigura on the serious incidents concerning the Probo Koala. He observed that due diligence by Trafigura would have revealed that the municipal waste dump, where the toxic waste was planned to be disposed of by Trafigura’s local contractor, was not in any way equipped to treat the hazardous waste from the Probo Koala. The Special Rapporteur also expressed concern at Trafigura’s filing of libel lawsuits against civil society and media institutions that have reported on the Probo Koala incident.
In 2010, a Dutch court found Trafigura guilty of illegally exporting toxic waste from Amsterdam and concealing its toxic nature, imposing a $1.3 million criminal fine. However, the Dutch public prosecutor decided not to pursue criminal action against Trafigura and its CEO for the offences that took place in Côte d’Ivoire, instead accepting a monetary fine, and contributing to impunity.
In 2016, civil society organisations brought a case against Côte d’Ivoire before the African Court on Human and Peoples’ Rights. The African Court’s 2023 judgment, which relied in part on the Bamako Convention’s prohibition of imports of hazardous wastes into Africa, recognised the serious human rights violations arising from the toxic wrong. The Court ordered a range of reparations, including the establishment of a compensation fund, financed by Trafigura and Côte d’Ivoire, to support victims.
“Almost three years after the judgment, the Court’s decision remains to be fully implemented. All responsible actors must comply without delay with the ruling, ensuring its full and effective implementation,” the experts said.
“As underlined in the Guiding Principles on Business and Human Rights, access to an effective remedy is critical to address business-related harm. Victims cannot be expected to wait another two decades for justice.”
