Minton, Carter-Ruck and Trafigura.

Trafigura’s desire to keep the lid on the Minton report meant it spent an inordinate amount of money hiring the best lawyers that money can buy in Britain, Carter-Ruck, to keep even the name of the Minton report secret, lest people read it. The Guardian examines some of its contents:

“The Minton report, commissioned in 2006 from the London-based firm’s scientific consultants, said that based on the “limited” information they had been given Trafigura’s oil waste, dumped cheaply the month before in a city in Ivory Coast , was potentially highly toxic, and “capable of causing severe human health effects”.

The study said early reports of large scale medical problems among the inhabitants of Abidjan, including respiratory and eye problems, discomfort, and nausea, were consistent with a release of a cloud of potentially lethal hydrogen sulphide gas over the city.

The author of this initial draft study, John Minton, of consultants Minton, Treharne & Davies, said dumping the waste would have been illegal in Europe and the proper method of disposal should have been a specialist chemical treatment called wet air oxidation.

Although the report was cautious in tone, pointing out that unreliable press reports and “mass hysteria” might have led to exaggeration of alleged ill effects, its contents were unwelcome.

Trafigura subsequently did not use the report in the personal injury report in the claim against them and did not disclose the report’s existence.

It issued a series of public statements over the next three years saying the waste had been routinely disposed of and was harmless. Trafigura based this decision on other reports produced from an analysis of the slops obtained from the Probo Koala ship. Trafigura dismissed complaints of illness in a lawsuit brought by 30,000 inhabitants of Abidjan, before being eventually forced last month to pay them £30m in compensation and legal costs in a confidential out of court settlement.”

The actual report is on Wikileaks here as a PDF.

Trafigura have spent vast sums of money trying to override press freedom, keep secret the Minton report and protect their reputation, yet in the age of the Internet their actions have had the opposite effect.

Update 1: This page contains the related Guardian, Trafigura and the Probo Koala information.

Update 2: More on Twitter’s role in breaking the veil of secrecy imposed by Carter-Ruck.

Update 3: Stephen Fry as seen by the Torygraph.

Update 4: findingDulcinea on British Libel Law Examined After Controversial Gag Order Against The Guardian.

Around The World.

There were a few stories that caught my attention, particularly what’s going on in Peru.

We are often told that the Amazon is the lungs of the Earth, a precious resource to care for and not to recklessly exploit, yet the actions of Alan Garcia’s government in Lima gives lie to that notion, the Times reports:

“These men are part of a growing resistance movement crystallising deep in the jungles of Peru. For the first time isolated indigenous groups are uniting to fight the Government’s plans to auction off 75 per cent of the Amazon — which accounts for nearly two thirds of the country’s territory — to oil, gas and mining companies.

They oppose 11 decrees issued by President García, under special legislative powers granted to him by the Peruvian Congress, to enact a free trade agreement with the US. These would allow companies to bypass indigenous communities to obtain permits for exploration and extraction of natural resources, logging and the building of hydroelectric dams.

Indigenous leaders say that the laws will affect more than 50 Amazonian nations representing hundreds of thousands of Indians.

One by one the men step forward and deliver angry, defiant messages. “If an oil company tries to come here, we will block its path and block the rivers. We will not let them in and we will take strong action,” Jempe Wasum Kukush, a local leader, said. Another, Tayajin Shuwi Peas, warns: “We are not scared and we will fight to the death over this.”

On the other side of the world, in related news Rwandan government suppresses Greens (thanks to Jim for spotting this), Green Party Watch has more:

“Kigali: They moved hundreds of kilometers – some for the first time to the capital. Others braved the trouble of having to move with babies. Some abandoned their jobs to be in Kigali for the event that did not happen. Up to 900 supposed delegates of the Democratic Green Party of Rwanda (DGPR) found themselves at the center of an unexpected controversy, RNA reports.

The newly formed party was on Friday told it could not hold a scheduled delegates’ conference. Interim party officials had booked St. Famille CANA hall – owned by the Kigali catholic diocese. The large number of delegates meant some had to stand outside anxiously waiting for the grand event to start.

These delegates had come all the way to give their nomination signatures to the new party. It is these signatures which party officials hoped would form part of the registration dossier with the Ministry of Local Government.”

Elsewhere in Africa the quest for raw materials goes on as China is about to sign an agreement with the dictatorship in Guinea. Readers will remember the recent massacre by Captain Moussa Dadis Camara’s forces. The Times discusses China’s role in Africa:

“China is preparing to throw the junta in Guinea a lifeline in the form of a multibillion-pound oil and mineral deal, financed largely by soft loans. Such policies have already served China well with rogue and discredited regimes from Angola to Sudan. The move comes as the European Union, spurred on by France, the former colonial power, and the African Union are considering sanctions against Guinea if its young military leader, Captain Moussa Dadis Camara, continues to renege on a deal to stand down in favour of free elections.

The massacre occurred after 50,000 demonstrators took to the streets when Captain Camara — who seized power in December after the death of the long-time dictator Lansana Conte — announced that he would stand in the poll. Thousands stayed at home yesterday and riot police patrolled empty streets as the opposition called two days of mourning for the dead.

Beijing, meanwhile, was reported to be close to agreeing a deal, financed by its China International Fund, of about £4.4 billion covering a range of projects. Guinea, the world’s largest exporter of bauxite, also has huge deposits of uranium, iron ore, diamonds and a host of other minerals. It is also believed to have significant off-shore oil reserves.
..
There is only one condition: any money provided must be used to pay Chinese companies and buy Chinese goods that flood the continent’s bustling street markets. Stalls now overflow with cheap plastic sandals, underwear, artificial flowers and cut-price motorbikes and tools.

Ordinary Africans are far less enthusiastic than the governing elites. Rights activists accuse the Chinese of cutting corners, exploiting corrupt local officials and ignoring health, safety and environmental concerns.”

I just wonder what will happen, if and when, China’s source of precious materials becomes blocked by locals agitated at their exploitation, will China’s dictatorship be tempted to move some of their troops into the region?

Support the Guardian.

Don’t think I’d be saying that too often, but the Guardian has been muzzled concerning a parliamentary question on Trafigura and Carter-Ruck solicitors. Reposted in full from Don’t Get Fooled Again:

The Parliamentary Question Carter Ruck and Trafigura don’t want you to see

with 28 comments

From The Guardian

The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.

Today’s published Commons order papers contain a question to be answered by a minister later this week. The Guardian is prevented from identifying the MP who has asked the question, what the question is, which minister might answer it, or where the question is to be found.

The Guardian is also forbidden from telling its readers why the paper is prevented – for the first time in memory – from reporting parliament. Legal obstacles, which cannot be identified, involve proceedings, which cannot be mentioned, on behalf of a client who must remain secret.

The only fact the Guardian can report is that the case involves the London solicitors Carter-Ruck, who specialise in suing the media for clients, who include individuals or global corporations.

From Parliament.uk, “Questions for Oral or Written Answer beginning on Tuesday 13 October 2009″

(292409)
61
N Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii) Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura.

Click here for more background on the Trafigura/Carter-Ruck libel-abuse cover-up

UPDATE – pleased to see that the mighty Guido Fawkes had the same idea. Injunction scuppered…

UPDATE 2 – “Jack of Kent” gives a legal view

UPDATE 3 – Big thumbs up to The Spectator for, I think, being the first mainstream UK media to break ranks and fully report what’s been going on. If only they were this good the whole time – for any Spectator staff who are reading, can I request more of the defending-democracy stuff and less of the pseudo-debating AIDS-denialism? I hope Lord Fowler knows what you’re letting him in for!

Written by Richard Wilson

October 12, 2009 at 9:00 pm

I urge bloggers to publicize this issue and the role of Trafigura.

Update 1: Given the wave of support for the Guardian across the web, Carter-Ruck have capitulated.

Update 2: More background on the role of Twitter that managed to defeat the combined muscle of lawyers and oil polluters can be found here.

The Price of Pollution

I was just about to post on Trafigura’s minimal payout when I saw that the Poor Mouth has it covered.

Oil Power And GBH.

Imagine, hypothetically speaking, that you attacked 30 or 300 people caused them to be poisoned or the equivalent of GBH several times over and that you did this, knowing full well the consequences of your own actions.

What would happen to you? In all probability you would be locked up for 10 to 15 years at the minimum, maybe more.

Whatever happened, it would be a very serious case, involving injury to many people.

Then imagine, instead, that you are an oil trading company, and you do the same to 30,000 + people in the Ivory Coast, what then?

Not much, you pay out about $100 million and forget about it.

That $100 million would be less than a quarter of Trafigura’s profits last year, which was $440 million, and no one at Trafigura is being prosecuted for poisoning, GBH or even malicious damage.

One rule for individuals, another for oil traders.

Labour Capitulates on BNP.

I can’t quite work out what will do new Labour more damage, the story that they’ve capitulated on their previous policy of not sharing platforms with the BNP, or news that the doctors advising the Scottish government may have adjusted their prognosis to suit the outcome of political deliberations.

It seems that New Labour can’t do anything right, The Times has more:

Labour has been forced to drop its policy of not sharing a platform with the BNP after the BBC confirmed that it is to invite Nick Griffin to appear on Question Time.

The party’s leader together with another BNP candidate were elected as MEPs at the European elections in June, leading to a rethink at the corporation about how much coverage to give the far-right party.
…
Until now Labour has had a policy of refusing to share media platforms with the BNP. The Conservatives have made clear that they will field a senior representative for the edition of Question Time, which is expected to to be filmed this autumn in London.

John Whittingdale, the Conservative chairman of the Commons Culture, Media and Sport Select Committee, said that the BBC had taken the correct decision. “It is the right thing to do to use this opportunity to expose the BNP for what it is,” he said.

Martin Salter, a senior Labour MP and leading campaigner against the BNP, described the BBC’s decision as lamentable. But he said that it made little sense for Labour to boycott the programme. “We have to deal with the world as it is,” Mr Salter said.

Labour is formally committed only to holding a review of its position, but a source made clear that it would field a representative. He said: “We are not going to have an empty chair.”

Useless New Labour tail ending the stupid Tories, how pathetic.

Western Hypocrisy.

There’s no more an amusing political spectacle than watching Western politicians and members of the ruling establishments sucking up to oil rich dictators.

From the various George Bush’s holding hands with Saudi leaders to the deference which is currently being shown to the Leader and Guide of the Revolution by that crook and occasional Prime Minister, Berlusconi.

I am sure that many Western establishment figures envy Colonel Qaddafi’s rule, 40 years unencumbered by even the smell of democracy or the wishes of the Libyans.

Forty years ruling one country, unelected, is hardly something to celebrate, but many of the guests from the West have cried off, lest they be engulfed in a PR disaster.

I doubt they are truly concerned with the status of Colonel Qaddafi or the Libyans, and probably hold rather reactionary views concerning the watered-down social democracy found in much of the West, however, they don’t mind sucking up to the dictator controlling the largest proven oil reserves in Africa, instead they are afraid of embarrassment.

Still, I imagine that a few brass necked politicians will turn up, slap Colonel Qaddafi’s back and praise his supposed benevolent rule and try to cut some business deals during the celebrations, whilst many Libyans live in poverty.

There’s nothing quite like Western hypocrisy at its best. Yuck.