The responsibility of states for environmental damage caused by multinational corporations: the case of TRAFIGURA’s Toxic Waste

The judgment delivered in 2023 by the African Court on Human and Peoples Rights in the Trafigura toxic waste case highlights two major lessons regarding the responsibility of States for environmental damage caused by multinational corporations. First, States are obligated to adopt proactive measures to prevent such damage, particularly when it involves hazardous substances. This obligation requires the establishment and reinforcement of a clear legal, regulatory, and institutional framework, accompanied by stringent standards governing the use, transportation, storage, and disposal of toxic substances. States must also ensure the effective enforcement of these standards through monitoring and control mechanisms, as well as deterrent sanctions for violations. Second, States have a duty to guarantee effective remedies for victims of environmental harm caused by multinational corporations. In this case, the Court adopts a broad and holistic interpretation of this duty, emphasising its various essential dimensions including that states must establish accessible, fair, and efficient judicial and administrative mechanisms to enable individuals and affected communities to assert their rights. This obligation also includes adopting measures to identify, investigate, and prosecute those responsible for environmental harm. The Court underscores the complementarity of prevention, reparation, and justice measures, which are essential to protecting the rights of victims and the environment.