By Human Rights Watch Press
Published June 25, 2014
At least three people have died and thousands of others are under threat from toxic lead from a battery recycling plant on the Kenyan Indian Ocean coast.
Calling upon Kenyan authorities to provide lead poisoning testing, clean up homes and public spaces in the community, medical treatment to affected people and compensation the affected communities, Human Rights Watch accuses the Kenyan government of failing to adequately regulate the lead smelter in the Owino Uhuru slum area.
â€œAt least three people have died and thousands of others are under threat from toxic lead because the Kenyan authorities didnâ€™t enforce their own environmental laws and regulations,â€ said Jane Cohen, senior environment researcher at Human Rights Watch. â€œThis is an urgent and on-going crisis that needs immediate government action.â€
The governmentâ€™s failure to regulate the smelter began with its opening in 2007. Although Kenyan law requires an environmental impact assessment before an industrial facility can open, the owners of the smelter did not conduct the assessment until after it began operating.
A government investigation that began in 2009 found that the smelter had violated the law and that its operations were endangering the health of workers and nearby residents. Although the smelter was closed briefly, it reopened with few changes to its operations, workers and residents told Human Rights Watch. Workers said they didnâ€™t have adequate occupational health protections. And community members said there were no safeguards to protect the surrounding residential area, despite their protests that their health was being affected.
Worldwide, toxic pollution from mining, lead smelters, and industrial dumps affect the health of more than 125 million people, rivaling malaria or tuberculosis (TB).
Lead is increasingly recognised as a global threat to health and child development as it is highly toxic and can interrupt the bodyâ€™s neurological, biological, and cognitive functions. Children are particularly susceptible. The World Health Organisation says that high levels of lead exposure in children can cause damage to the brain, liver, kidney, nerve, and stomach as well as permanent intellectual and developmental disabilities.
Former workers in the smelter described working in toxic conditions with little or no protective gear. Several workers said that managers openly told them that they were going to die because of the dangerous nature of the work, yet offered neither adequate protective gear nor medical treatment.
â€œThe Kenyan authorities in Mombasa authorised the smelter as part of a programme to stimulate investment,â€ Cohen said. â€œBut investment should not come at the expense of the lives and health of workers and residents.â€
Since the smelter began operations, residents in Owino Uhuru say they have experienced an increase in miscarriages and impotence, and parents told Human Rights Watch that their children always seem sick. Blood tests performed on some children in the community in 2009 found high levels of lead. No significant local source of lead has been identified other than the smelter.
After discovering in 2009 that her son was sick from lead poisoning, Phyllis Omido, a former office worker in the smelter, began organising residents to write letters to the Public Health Agency and the National Environmental Management Agency (NEMA) informing them of the situation. After waiting for months for a government response, she organised peaceful protests in the streets of Mombasa.
Police arrested Phyllis Omido and a number of community members, forcing them to stand trial on the trumped up charges of incitement of violence and unlawful assembly. Eventually, they were acquitted. She told Human Rights Watch that following these protests, her life was threatened by unidentified people. Human Rights Watch has been working with Omido and monitoring her security since 2011.
â€œWaste-water flows out of a hole in the smelter wall and drains into the community,â€ Cohen said. â€œWhen Phyllis Omido and other residents peacefully protested the pollution and the lack of government response, they were threatened, harassed, arrested, and beaten up by thugs.â€
The smelter in Owino Uhuru operated almost continuously between 2007 and 2014, despite evidence, described in the governmentâ€™s 2009 report, that it endangered the health of its workers and nearby residents, and despite Kenyan laws that should have provided protection.
â€œThe government could have avoided the massive environmental contamination of Owino Uhuru and related deaths if local and national officials had followed their own laws,â€ Cohen said. â€œThe authorities need to give residents of Owino Uhuru the protection and care they deserve and need.”
Human Rights Watch has released a film–KENYA: FACTORY POISONS COMMUNITY–that it says documents the health and environmental damage caused by the smelter, threats to activists working on the issue, and efforts by residents to seek justice.