Trafigura and the Minton Report

As I reported last night, Carter-Ruck, one of a number of British law firms that specialise in so-called ‘media management’ – i.e. firing off libel writs and injunctions at the press to suppress adverse information about their wealthy clients – obtained an injunction which prevents the Guardian newspaper from reporting proceedings in parliament, specifically, it’s thought this question tabled by Paul Farrelly MP:

61. 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. (293006).

Trafigura are an oil-trading company who, according to press reports, are implicated in the illegal dumping of toxic waste (crude oil residues) on the African coast, as a result of which the company has apparently has paid compensation for injuries and health problems alleged caused by this waste to a reported 31,000 Ivoirians in an out-of-court settlement.

The Minton Report referred to in Farrelly’s question, was ordered and obtained by Waterson & Hicks, another UK law firm acting for Trafigura and it appears to contain evidence of number of incidents in which Trafigura’s ships dumped toxic waste on the West African coast.

It’s the existence and contents of this report, which can now be freely obtained from Wikileaks, that Carter-Ruck appear to attempting to suppress as part of a defamation action against the Guardian in which Trafigura are, apparently, seeking to assert that any suggest that this waste was dumped cheaply and could have caused death and serious injuries is “untrue” and “gravely defamatory”.

According to the report, Trafigura’s ship, MT Probo Koala, was carrying a cargo of coker naptha, which was ‘sweetened’ on board the ship to reduce its sulphur content, producing a blendstock which would, later, be used to produce gasoline.

The ‘sweetening’ process, in this case, was the caustic washing of the naptha using a catalyst and large quantity of concentrated sodium hydroxide, i.e. caustic soda, which generated a quantity of slops which contained the caustic soda, catalyst and a quantity of treated naptha, and it was these slops that appear to have dumped on a landfill in Abidjan.

When caustic washing of this kind is carried out at a refinery, the concentration of sodium hydroxide is carefully controlled to result in the most efficient possible washing of sulphur compounds out of the naptha, but the report indicates that, in this case, a much higher concentration was used on board the tanker making it highly likely that there would be significantly higher levels of sulphur compounds in the slops that would usually be found in refinery-produced waste.

That’s bad enough on its own but what the report also raises is the possibility that the company that actually did the dumping on behalf of Trafigura’s vessel might reasonably have been expected to have attempted to neutralise the sodium hydroxide content of the slop using acid, which makes sense in terms of basic chemistry – caustic soda is highly alkaline – but would, unfortunately, contribute to the breakdown of the various sulphur compounds in the naptha element of the slops, makingit more likely that quantites of hydrogen sulphide gas would be released once it had been dumped.

Even without going into all the detail, there are a couple of very obvious problems that you can foresee arising from dumping this crap on a landfill.

The concentrated sodium hydroxide (caustic soda) is one, as anyone coming into contact with it on the waste dump would be likely to suffer severe chemical burns to the skin or lungs, from vapour inhalation, and as, I’m afraid to say, scavenging from waste dumps is not that uncommon a practice in the developing world… Do I really need to spell out the rest?

The other problem lies in the sulphur compounds in the naptha, some of which would, when dumped, break down and release hydrogen sulphide gas.

Now, at low concentrations, hydrogen sulphide can be readily detected by its characteristic ‘rotten eggs’ smell, which is unpleasant by not particularly dangerous.

At high concentrations, however, that smell isn’t present and if the gas get into your lungs or your eyes it will react with the water molecules present to form sulphuric acid.

Once you understand that very basic bit of chemistry – and this is first year GSCE stuff – you can fully appreciate why the report notes that the potential health problems arising from the dumping of this waste include nausea, breathing difficulties, vomiting and good old diarrhea.

Section three of the report sets out a much list of the likely chemical constituents of these slops and their potential impact on the environment and on the health of people coming into contact with them, and it doesn’t make pleasant reading.

That, it seems, is what Trafigura don’t want us to know, that the toxic crap that was dumped in Abidjan was certain capable of causing the adverse health effects reported, hence it concludes that:

9.3 The compounds listed above are capable of causing severe human health effects through inhalation and ingestion. These include headaches, breathing difficulties, nausea, eye irritation, skin ulceration, unconsciousness and death. There would also be a strong unpleasant odour over a large area. All of these effects were as reported in this incident.

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  • Guano

    I don’t think that the dumping was just on rubbish dumps. From what I have read of the press reports, and have heard in Ivory Coast, I think that the dumping was on waste land, which may have been close to houses or crossed by footpaths and roads. This is something which should be checked out, because the journalists who wrote the original stories may not have checked it: but many of the stories imply that this waste was dumped in many different places so as to be disposed of without drawing attention to it, with the result that a lot of different communities were affected.

  • Laura Oakley

    38 Degrees are currently running a campaign on this. Take action now by emailing your MP and asking them to take a stand. Take action now, it only takes 2 mins. Go to:

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  • tory boys never grow up

    I have a horrible feeling that everyone is missing the point here. I doubt whether Trafigura went to the expense of employing Carter Ruck to try and cover up a story that had already been printed in the Guardian. I am sure that all the parties concerned would be more than aware of the likley impact of the injunction – I suspect that they are more concerned about what may be revealed under the cover of parlimentary privelege.

    Worth noting that Lord Strathclyde resigned from the the board of a Strathclyde subsisidiary that was unlikley to have been involved in the dumping of the toxic waste.

  • TBNGU:

    What I think you’ll find this was all about was two words – Minton Report – which did not appear in relation to this story until, at most, a couple of days ago.

    That’s what Trafigura have tried to keep out the way, the fact that a report that undermines their libel action has been uploaded to Wikileaks.

  • Hydrogen Sulphide does not poison by route of converting to sulphuric acid – sulphur oxides poison by that route. H2S is nastier than that (WP):

    “Hydrogen sulfide is considered a broad-spectrum poison, meaning that it can poison several different systems in the body, although the nervous system is most affected. The toxicity of H2S is comparable with that of hydrogen cyanide. It forms a complex bond with iron in the mitochondrial cytochrome enzymes, thereby blocking oxygen from binding and stopping cellular respiration. Since hydrogen sulfide occurs naturally in the environment and the gut, enzymes exist in the body capable of detoxifying it by oxidation to (harmless) sulfate.[5] Hence, low levels of sulfide may be tolerated indefinitely.”

    … let me repeat that sentence: “The toxicity of H2S is comparable to that of hydrogen cyanide

  • tory boys never grow up


    I still have my doubts. The Minton report has been on Wikileaks since 14 September and the link had already been made by those concerned. I somehow doubt that Carter Ruck wouldn’t have appreciated that their action would have drawn more attention to the link that would have otherwise been the case. Although I am aware that people can get carried away with conspiracy theories – my gut instinct tells me there is something else going on here.

  • “adverse information about their wealthy clients”


    “adverse information about their soon-to-be-less-wealthy clients”


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  • CruzeDer

    It appears that the Minton Report has dissappeared from WikiLeaks… requests return a server error.. has it been deliberately hacked, or has another site succumbed to a libel threat?

  • Its still there – looks like they’re just having a few server gremlins.

    Remember, always assume cock-up before considering conspiracy.

  • foursgiant

    It’s now no longer permitted to photocopy pages from Sunderland’s electoral registers, those caught doing so can be fined up to