Online activists fail British oil firm's bid to gag media freedom

Probo Koala which dumped toxic waste in Ivory Coast. Photo: GreenpeaceA British oil trading company's attempt to prevent media from reporting Parliamentary proceedings in relation to its dumping of toxic waste in an African country has been thwarted after social networking sites made public the same information it tried to block.

Trafigura tried to prevent Guardian newspaper from publishing a question tabled on Monday in the British Parliament by the Labour MP Paul Farrelly. The question related to the reporting on the dumping of toxic waste in the Ivory Coast by Trafigura.

Farrelly sought to know the kind of measures taken to protect press freedom following an injunction obtained by Trafigura and its law firm, Carter Ruck, against the publication of a report into the issue.

The Guardian was forbidden from publishing anything related to Farrelly's question. But it appeared Trafigura and its lawyers underestimated the power of social networking sites like Twitter, which, upon the news of gag attempt was published, was flooded with details of Farrelly's question. Two more blogs and magazine Private Eye published the full text.

The response in twitter was overwhelming, with the three most popular search terms on the site being "outrageous gagging order trafigura dumping scandal", "ruck" and "guardian".

The attempt to keep the information secret was ludicrous, because, as pointed out by Observer media editor James Robinson, Farrelly's question was freely available on British Parliament's website and was printed on the House of Commons order paper.

It was not just Guardian which came under the gag attempt. Trafigura threatened anyone who refused to buy its version. BBC Newsnight and journalists in the Netherlands and Norway were threatened with legal consequences.

Criminal dumping

Trafigura dumped hundreds of tonnes of highly toxic oil waste in 11 habitat areas in Abidjan, the main economic capital of Ivory Coast, under cover of darkness on August 19, 2006.

The uncontrolled dumping of toxic waste sickened tens of thousands of people and killed 15. A classic case of third world countries being used by companies as waste dumping yards, it was one of the worst pollution incidents the world has ever seen after the gas leak in Union Carbide factory in Bhopal, India, in 1984.

The wastes were liquid sludge containing large quantities of hydrocarbons, contaminated with at least three substances: hydrogen sulphide, mercaptans and caustic soda.

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

The UN human rights special rapporteur, Professor Okechukwu Ibeanu, wrote: "According to official estimates, there were 15 deaths, 69 persons hospitalised and more than 108,000 medical consultations. There seems to be strong prima facie evidence that the reported deaths and adverse health consequences are related to the dumping."

Autopsy reports on 12 victims showed fatal levels of the poisonous gas hydrogen sulphide, one of the waste's lethal byproducts.

Organisations like Greenpeace and Amnesty International have been clamouring for Trafigura to be prosecuted for homicide or grievous bodily harm.

Emails obtained by the Guardian and the BBC's Newsnight revealed that Trafigura knew very well that the oil slurry was so contaminated with toxic waste and that it was banned in Europe. Company traders referred to the toxic waste as "shit" or "crap".

To clean up the dirty fuel the traders planned to add caustic soda to absorb sulphur contaminants, a pernicious practice banned in the west. A chartered tanker, Probo Koala, containing the waste sailed to Ivory Coast, and the deadly toxic waste was dumped, causing burns, nausea, diarrhoea and loss of consciousness to those living in the area.

According to Greenpeace, before arriving in the Ivory Coast, Probo Koala attempted to discharge the toxic waste in the port of Amsterdam. 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.

Trafigura termed the dumping as a routine exercise, saying its ship had only pumped out ordinary slops from tank-cleaning.

But the 31,000 Africans couldn't be silenced as they joined in Britain's largest-ever lawsuit for compensation under London lawyer Martyn Day. Last month, the company offered 1,000 pound each in compensation to the victims.