On August 19, 2006, the cargo ship Provo Koala, chartered by the British oil trading company Trafigura and authorized by Côte d'Ivoire, entered the port of Abdijan with 528 cubic meters of highly toxic waste. The chemical waste was then dumped in several locations in the city and its suburbs. A terrible stench spread throughout the city, causing air pollution. On the same day, thousands of people flocked to health centers complaining of nausea, headaches, vomiting, rashes, and nosebleeds. At least 17 people died instantly, and more than 100,000 experienced health problems in the weeks, months, and years that followed. Environmental experts reported severe groundwater contamination. State authorities carried out several remediation efforts, but not all contaminated sites were decontaminated, and people living in certain areas continue to suffer from health problems to this day.
Several lawsuits were filed in the Ivorian courts over the incident. In 2007, Trafigura signed an agreement with the Ivorian government to protect itself from lawsuits. In the agreement, the government promised not to bring or pursue lawsuits against the company or its representatives in exchange for 95 billion CFA francs. In the end, only a handful of families received compensation. Very few of those involved in the incident were indicted, and no government official was held accountable in a criminal court for complicity or negligence.
In 2016, three NGOs working on behalf of victims of the environmental disaster – LIDHO (Legacy of Human Rights), MIDH (Movement for Human Rights in Côte d'Ivoire) and FIDH (International Federation for Human Rights) – filed a complaint with the African Court of Human Rights, asking the Court to find that the Ivorian government had failed in its obligation to protect human rights in the Probo Koala toxic waste incident.
On September 5, 2023, the Court handed down its judgment, finding that Côte d'Ivoire had indeed violated the rights to life, health, and a generally satisfactory environment (1) of all people affected by the dumping of toxic waste. The judges explained that the protection of the right to life includes the State's obligation to prevent and deter companies from endangering people's lives. The Court found that Côte d'Ivoire knew that the cargo of the Provo Koala was toxic waste, but failed to ensure that the waste was safely disposed of, and once the dumping had taken place, failed to take all necessary measures to limit the damage to human life and the environment. Furthermore, the Court found that the State had failed to provide full access to quality medical care for people affected by the disaster, and had not demonstrated an effective and prompt cleanup of contaminated sites.
Furthermore, the Court concluded that Côte d'Ivoire had violated its citizens' rights to information and to a remedy. (2) The Court found that while the State had taken measures to inform its citizens about the dangers around the contaminated sites, it had failed to inform them about the long-term effects of the toxic waste, its exact composition, the number of deaths in the medium and long term, etc. The Court also found that the conclusion of the agreement between the State and Trafigura created a regime of immunity. The Court stressed that in an issue of such importance, regardless of how many victims have filed complaints, the State authorities have an obligation to investigate the matter, consider the cases of all victims and, where necessary, provide compensation.
The Court therefore ordered Côte d'Ivoire to ensure that victims receive medical and psychological assistance within six months, to amend its legislation within one year to prohibit the import and dumping of hazardous waste in the country, to ensure the responsibility of companies for their actions regarding the environment and the handling of toxic waste, and to organize training programmes for relevant civil servants and universities with the aim of raising awareness on the protection of human rights and the environment.
The Court also ordered Côte d'Ivoire to carry out a general and updated census of victims and to publish within six months a transparent, public report on the use of funds allocated to Trafigura. The judges also ordered Côte d'Ivoire to launch a new, independent and impartial investigation to prosecute those responsible for the disaster and to set up a compensation fund for victims within one year.
This case marks the first time that an African court has heard an issue relating to the right to a healthy environment. It sets a very important precedent, making clear that African countries will be held accountable for failing to prevent and punish human rights violations by corporations.
(1) African Charter on Human and Peoples' Rights, Articles 4, 16, and 24
(2) Articles 9 and 7
