TRASH AND

TRAGEDY 1 The impact of garbage on human rights in City Contents

Acknowledgements...... 4 List of Abbreviations...... 7 Executive Summary...... 8 The Problem...... 13 Case Study...... 20 Legal and Policy Context...... 21 2 3 Fear of Exclusion...... 25 Loss of Livelihood...... 27 A Green City...... 31 Call to Action...... 36

2.

Google Earth Image Acknowledgements Acknowledgements...

e thank the 1,700 participants of the Prime Minister in partnership with Appreciation also goes out to all the diverse This report is dedicated to the communities who attended the various Kutoka Network, Concern Worldwide and speakers and participants who attended the whose human rights are jeopardized by discussion forums during the CESVI. In addition, information and insights various stakeholder forums held during the the environmental disaster that is Dandora Information Education and of the Environment Department of the City year; and who took time to send teams to Dumpsite. WCommunication Campaign on the Health and Council of Nairobi (CCN), United Nations research, prepare and share valuable and

4 Environmental Impact of Dandora Municipal Environmental Programme UNEP, informed presentations. Without them, the much 5 Dumpsite between the 13th September 2011 Association of Manufacturers KAM and the Japan needed insight on the Dandora Dumpsite and Anne O’Mahony and 30th of June 2012. The 8 forums in which International Cooperation Agency (JICA) have the recommendations of this report would not these discussion took place were facilitated by been instrumental in the compilation of this be possible. the Environment Department of the Office report.

Country Director Concern Worldwide Written by Victor J. Odero List of Abbreviations Photography by: Manyara Kinoti CCN City Council of Nairobi CESVI & Fulvio Zubiani CESVI Cooperation and Development CSO Civil Society Organisations CSR Corporate Social Responsibility EKK Exodus Kutoka Network ISWM Integrated Solid Waste Management KAM Kenya Association of Manufacturers LA Local Authorities MOE Ministry of Environment

NCBD Nairobi Central Business District 6 7 NGO Non Governmental Organisation OPM Office of the Prime Minister PM Prime Minister PPM Parts Per Million PPP Private Public Partnership SWOT Strengths, Weaknesses, Opportunities and Threats ISWM Integrated Solid Waste Management UN United Nations Layout & Design by UNEP United Nations Environmental Programme WFCL Worst Forms of Child Labour JICA Japan International Cooperation Agency www.good.co.ke Executive Summary Executive Summary...

clean environment is essential to particularly through respiratory diseases, and the Kenya Airports Authority over the not buttressed further into extreme poverty. human health; however, cleaning endocrine complications and cancer. At least relocation of the dumpsite to Ruai has brought In particular, livelihood and decent work operations generate waste that half the children in surrounding neighborhoods the process to a grinding halt. The resulting opportunities in the waste sector should be can adversely affect human rights have heavy metal concentrations in their blood stalemate implies there will be no quick end to created. ifA inappropriately disposed. While the poor that exceed the maximum level set by the one of the largest and most flagrant violations are responsible for a small fraction of waste World Health Organization. Despite these risks, of human rights in the country. The dumpsite To address this tragedy and injustice, the county generated in the city, they bare the greatest between 6000 and 10000 people eke a living exists in contravention of several provisions of government should immediately deploy modern 8 burden of effects. Absence of a functional waste from on dumpsite, while over 200,000 people the Constitution of Kenya, and a raft of Laws and technology to isolate the toxic waste from contact 9 management system in Nairobi has resulted in have indirect economic and social links to it. Court Judgments. with people and the environment. Identification indiscriminate dumping of waste in Dandora, Consequently, many around the dumpsite do not of a site for construction of a sanitary landfill is one of the poorest neighborhoods in the city. want it removed for fear of losing its benefits. Given the gravity and extent of human rights critical to a sustainable solution. However, for violation, decommissioning of the dumpsite real change to happen, residents of the Nairobi Evidence from these neighborhoods City Council of Nairobi was to decommission should be a matter of National Interest, and must take responsibility for their waste, a key demonstrates that contamination from the the dumpsite in early 2012, after 8 years of certainly a priority for the County Government. step is to demand urgent delivery of a safe and dumpsite has adversely affected human health, planning. However, conflict between the council However, public participation must be at the comprehensive waste management system, with core of this process to ensure the poor are a functional sanitary landfill. 30 acres 428 km. from the city 3.5M Residents generate 600g everyday 10 11 The Problem The Problem...

help groups and cooperatives operating in the of the children and youth at the dumpsite have decade ago the dumpsite was are between 6,000 and 10,000 persons who dumpsite participated in the forums. Each worker respiratory tract infections, coughs and asthma. declared full, yet today it is still the scavenge at the site. These men, women and knows a friend or relative recently deceased as More than half of children around the dumpsite only dumpsite serving Nairobi’s children, commonly referred to as ‘Chokora’, a consequence of disease or injury sustained have blood lead level above 10 micrograms per 3.5 million inhabitants. With each brave the dangers of the dumpsite to escape the at the dumpsite. Infections, particularly of the decilitre of blood, indicating exposure to high personA producing an estimated 600 grams of ravages of extreme poverty. respiratory tract, are a common cause of death. levels of lead (UNEP 2007). The hematological solid waste daily, at least 850 tones are deposited At least 25% of the workers had fresh injuries systems of these children are also reported as there each day. What was once an abandoned Scavenging involves sorting and recovery of as a result of accidents from scrap metals and suppressed, with 12.5% having haemoglobin limestone pit is now a mountain of decaying food and recyclable or reusable materials for toxic waste. Accidental encounters with the levels below the normal ranges. A popular myth domestic, industrial, medical and agricultural sale. At least 15,000 tonnes of recoverable waste ‘Boiler’, referring to disused contaminated among communities around the dumpsite is that 12 refuse. is produced from the city each day, however, as industrial waste barrels, are a leading cause of Kenyatta National Hospital has a ward dedicated 13 the city lacks sorting facilities, it is all dumped injuries and limb amputations. These accounts to treating chest infections from Dandora and The waste has polluted the soil, water and air at the site. Recovery is done manually through are corroborated by hospital records from . directly affecting more than 200,000 people laborious processes involving poorly equipped Catholic Mission Clinic where and in surrounding settlements of Korogocho, and protected individuals working in small average of 9000 cases of respiratory infections Scientific studies have long demonstrated Babadogo, lucky Summer, and Dandora. These groups. These workers make meager income at were treated annually between 2009 and 2011. the link between unregulated dumping and poor communities, while contributing the least great expense to their health. negative health outcomes in neighbouring to the problem, are bearing the burden of an The African Network for the Protection and communities. People absorb toxins like PCBs, environmental catastrophe. The most affected Over 150 waste workers drawn from over 50 self- Prevention of children Against Child Abuse Dioxins and Furans by inhalation, ingestion and and Neglect, ANPCAAN, reports at least 53% absorption through the skin. These elements The Problem...

cause digestive disruption, low IQ scores a significant proportion (78%) scavenge for and cancer. Anecdotal evidence from the food. The number of children at the dumpsite is community suggests a high prevalence of health increasing rapidly: ANPCAAN reported 18% of complications emanating from the dumpsite. children have been on the dumpsite for less than Anaemia, nervous system dysfunction, frailty, 6 months. Notwithstanding loss of education, hypertension, kidney problems, decreased the majority of the children (69%) cannot meet fertility, frequent miscarriages, low birth weight their basic needs, and experience irreparable and premature deliveries, were reported in damage to their health. Children are also forced discussions with communities and workers at to supplement income through illicit activities the dumpsite. involving selling drugs, prostitution and other 14 forms of crime. 15 The more vulnerable community members are even worse off. Of the estimated 10,000 Over 70% of the youth and children at the workers at the dumpsite, ANPPCAN reports dumpsite have experienced various forms of that 55% are children below 18 years of age, abuse at the hands of gangs, most (71.4%) by some as young as young 10 years. Over 65% businessmen, and almost all 91.6% by their of children at the dumpsite are of school going peers. The research indicates that parental age. Almost all (95%) work to complement their involvement in waste work is the most significant parents’ or families’ meager income; while determinant of child labour at the dumpsite. At least 53% of “ children and youth at the dumpsite have “respiratory tract infections, coughs and asthma

16 17 CASE STUDY Wanjiku’s Story

18 19 In February 2012, Agnes Wanjiku, a former child labourer at the dumpsite, made national headlines by remarkably scoring 363 marks out of a possible 500 in her Kenya Certificate of Primary Education (KCPE) exam. This feat earned her admission and full scholarship at a leading secondary school. Without the dumpsite, it would not be possible for her family to provide food and support her to succeed in her exam.

However, Wanjiku is an exception; majority of the children in the dumpsite will not even attend school, let alone obtain a scholarship. Yet her story exemplifies the paradox of life at the dumpsite. While it is a means by which many realize basic existence, it has entrapped the most vulnerable in an unhealthy existence. While it is true that fewer children sleep hungry in Korogocho and Dandora because their families make a living from the dumpsite, it is also true that most will suffer adverse and irreversible damage to their health and development. Only a precious few, like Wanjiku, will break free from the clutches of extreme poverty. Legal and Policy Context Legal and Policy Context...

he promulgation of the Constitution of The dumpsite falls foul of a several legal Kenya in 2010, with express provision provisions: be injurious or dangerous to human health. The conditions essentially determine the extent to of the Right to a Clean and Safe Council has failed to honour this obligation. which people enjoy their basic rights to life, Environment, vindicated decades The Local Government Act, section 201, health, adequate food and shelter. Exposure of Tof demands by communities affected by the confers legal responsibility of solid waste The Environmental Management and populations to toxic waste is manifest derogation dumpsite. The Constitution stipulates that the management to the City Council of Nairobi. Coordination Act EMCA (1999), explicitly of the state obligation to respect, protect and environment is to be protected for the benefit The Council, in 2007, instituted a raft of solid prohibits discharge or disposal of any waste fulfill human rights. of present and future generations, particularly waste by-laws to regulate the management of in a manner likely to cause pollution to the through the elimination of processes and solid waste, wherein the council affirmed its environment or ill health to any person. The The City Council of Nairobi (and thereafter the 20 activities that are likely to degrade the responsibility to collect, treat and dispose of, Act prohibits, inter alia, disposal of waste at County Government, after the general elections), 21 environment. To the extent that unregulated or otherwise deal with, all domestic waste and any site not established in accordance with a the National Environment Management Authority dumping continues in Dandora, an illegality other litter generated within its jurisdiction. The license issued by the Authority. Moreover, the (NEMA) and the Ministries responsible for local persists. The constitutional responsibility of the council has failed to maintain this commitment. Act prohibits disposal of toxic waste into or near government and the Nairobi metropolitan bear State to regulate use of land in the interest of a water resource or the atmosphere. the legal responsibility for the ongoing violation public safety and health is failing; moreover, The Public Health Act provides that the of human rights at the dumpsite. dumping of waste at Dandora amounts to Council has to employ all lawful, necessaryand Human rights cannot be secured in a degraded selective exposure of affected populations to an reasonably practicable measures to keep their or polluted environment. Environmental environmental hazard, which violates the right jurisdiction clean and sanitary to prevent to protection and equal benefit of the law. occurrence of nuisance or conditions liable to Over 200,000 people have close“ economic and social ties with “the dumpsite

22 850 23 tonnes deposited everyday Fear of Exclusion Fear of Exclusion...

espite the serious human rights public mistrust and dissent towards the The resulting misapprehension has undermined were particularly vexed by the spokesperson ‘s and environmental concerns about decommissioning process, particularly among public confidence in the decommissioning assertion that the workers were a “shameful lot the dumpsite, there is little public communities and waste workers. Waste workers process, despite the promise of improved living of scavengers who were trying hard to destroy outcry among city residents. This is have affirmed that they will not accept closure of conditions. our environment.” Dprimarily because the dumpsite is situated on the dumpsite at the expense of their livelihoods. the periphery of the central business district, No information is publicly available about how The situation is exacerbated by disjointed In the absence of information, anti-poor and out of sight for most. In addition, information dependents of the site will be incorporated into and anti-poor policy positions emanating from statements emanating from government about the dumpsite and the proposed the decommissioning process. the Government. For example, in late 2011, only serve to confirm the suspicions of poor 24 decommissioning process remains outside the the government issued a statement through communities that they will not benefit from 25 public domain. Only communities living around Fear is also expressed by the indirect the Government Spokesperson in which it was the decomissioning of the dumpsite. This the dumpsite are aware of its effects, but they dependents of the dumpsite, who have close stated that “after substantive consultations” with has also provided fodder for antagonists too are kept in the dark about the formal plans social and economic ties with waste workers. the stakeholders, the government was closing of the decommissioning who have rallied to decommission the site. Through empathy or sympathy, communities, the dumpsite due to “massive environmental communities against the process. Most of the particularly in Korogocho, are unwilling to degradation.” The news was met by sharp anti-decomissioning forces have deeply vested Failure to publicize the negative impact of support any initiative without viable economic reactions from dependents of the dumpsite who business interests that thrive in the prevailing the dumpsite has kept public demand for alternatives for solid waste workers, as it would took to the streets in protest. The protesters chaos. redress low. Moreover, it has also fostered transfer the economic and social burden to them. Loss of Livelihood Waste Workers Forum in Korogocho

otwithstanding the public mistrust and livelihood opportunities for solid waste and skepticism at community level, workers. Communities fear a decommissioned there is insufficient information dumpsite will only create new opportunities for about the extent to which livelihoods middle and high income segments of society. Nthat have depended on the dumpsite will be The fear is that academic and skills criteria protected. It is unclear the extent to which will be used to preclude them from the new the project budget makes provision for the solid waste economy. Unless communities are restoration and rehabilitation of livelihoods informed and supported to adapt to improved that will be lost when the dumpsite is 26 solid waste management practices, their fears 27 decommissioned. of marginalization will become a reality.

It is widely reported that decommissioning There is compelling evidence that human capital will cost KES 5.4 billion, to be funded through is abundant around the dumpsite, even by the development assistance grants. The extent and fact that between 6,000 and 10,000 households, detail about the grant conditions are scarce already derive an income from the site. and outside the public domain. Consequently, Initiatives by Non-Governmental organizations fear abounds that no investments have been have demonstrated that this potential can proposed for the creation of decent work be used to transform lives. In 2011, a pilot Loss of Livelihood... Loss of Livelihood...

programme by Concern Worldwide and Kutoka 30% of the participants did not make profit, Returns from Grants to Solid Waste Workers Network supported 100 solid waste workers to while only 10% failed. improve their livelihoods by granting workers KES 20,000 and by providing vocational skills Such programmes have demonstrated that 40000 Scrap Trading 35000 training. investment in waste workers and waste 30000 related businesses can positively transform 25000

The project aimed to establish safer and more the livelihoods of the poor. This potential Ks h 20000 productive livelihoods for solid waste workers. remains unexploited in Nairobi city, where 15000 10000 7200 Participants were encouraged to build on only 3 metric tonnes of solid waste is recycled 5000 28 their existing skills and practice, with a focus from an estimated 15,000 metric tons created 0 29 on decent work. The most preferred activities daily. With adequate investment, solid waste Investment Recruitment Revenue Profit among the participants were the manufacturing has the potential to create decent livelihoods of charcoal from recycled material, trading for thousands of individuals. Increased and in scrap metal or plastics and small-scale systematic collection of solid waste, as planned agriculture. After twelve months, 60% of the in the ISWMP, could significantly enhance 120000 Charcoal Making Chicken Farming 10000 businesses established through the grants livelihood opportunities for the poor by 100000 80000 8000 remained in operation, with profits averaging enhancing the efficiency and scale of recycling Ksh Ks h 60000 6000 30%. Participants who augmented existing businesses. 40000 4000 22500 3000 capital, realised returns as high as 125%. About 20000 2000 0 0 Investment Recruitment Revenue Profit Investment Recruitment Revenue Profit A green city

t is unclear what purpose the At forums, representatives of the private decommissioned dumpsite will be put. sector expressed optimism on both electricity Media reports suggest that the site may generation and carbon trading based on a be converted into a recreational park or rehabilitated dumpsite. They demonstrated that Ian energy plant. However there are conflicting based on a model (capacity of 2 metric tonnes, views from various agencies about the best use a total area of 20 ha, height of 15m, achieved for the land. While the City Council of Nairobi density of 0.65 ton/m3 and calorific value of does not consider it feasible to extract natural LFG at 20 MJ/m3), Dandora dumpsite has the 30 gas from the dumpsite, the Kenya Electricity potential to produce green energy at a price 31 Generating Company (KENGEN) announced of 0.027 €/kWh (Multriwell). In addition to in 2011 that it planned to create 50 megawatts increasing the capacity of the national grid, this of electricity from the rehabilitated site by technology can contribute to carbon credits. investing KES 9 billion. Private sector firms like Multriwell, have confirmed that they have Projects resulting in the reduction of greenhouse the capacity to profitably generate energy from gas emissions, (like renewable energy, energy natural gas at the dumpsite. Calculation of Energy Potential of the Dumpsite 55% of the 10,000 “ workers are children - Landfill gas Electricity production Realisation Cost Electricity Costs production (20 years) (40% efficiency) enough to fill more than 2.97 An analysis of the two options, suggests that “ 138,800,000 156,657 € unless affirmative action is taken to protect the 110 class rooms! m3 4,300,000 Kshs/kWh interests of the poor, they may not immediately MWh benefit. With only 18 percent of slum dwellers’ houses connected to electricity in Korogocho, compared to 60 percent in the rest of Nairobi, efficiency, and afforestation) can earn valuable In November 2011, it was widely reported electricity generated from a gas plant would not carbon credits through the Clean Development in the press that the City Council of Nairobi be useful to the community unless it is offered at subsidized rates and prioritised for these 32 Mechanism (CDM) - a project led by UNEP. The announced an international tender worth KES 33 revenue generated from selling these CDM 600 million to convert the Dandora Dumpsite poor communities. credits (CERs) makes projects that otherwise into a recreational park. The outcome of this would not have been undertaken feasible. process is unreported and it remains unclear if Korogocho is one of the most congested areas Emissions Trading prescribes that CERs can this would preclude natural gas harvesting. in Nairobi, with over 250 dwelling units per be used by companies in the EU to meet their hectare. Most houses are constructed of earth, emission targets, as long as the project that Whether the land is to be converted into a timber and waste tin cans. A recreational park delivers the CERs is registered as a CDM recreational park or a natural gas plant, it is would be at odds with the need for land and project, before 1 January 2013. unclear how either will directly benefit the poor. housing.

MODEL FOR THE CONVERSION OF A DUMPSITE INTO A SANITARY LANDFILL

34 35 Call to Action... Call to Action

2. The City Council of Nairobi (thereafter transform solid waste disposal behavior espite the gravity of the Even if the plans for the Ruai site had gone County Government) should immediately in Nairobi City. A culture of solid waste disaster at Dandora Dumpsite, ahead, the decommissioning process would not allocate land for a sanitary landfill. Dandora reduction, reuse and recycling is the authorities appear to be impeded be complete before 2016. It therefore appears site is not sustainable, as it lacks the backbone of a long term solution to the by bureaucracy and political human rights in Dandora are to be abrogated fundamental qualities of a sanitary landfill, disaster in Dandora. Dapathy. The sudden conflict between Kenya indefinitely, a position that is untenable under which isolates waste from the environment. 5. A formal institution comprising Airports Authority and the City Council of the new Constitution of Kenya. 3. The County and National governments stakeholder representatives should be Nairobi, despite eight years of planning and and developement agencies should constituted and resourced to oversee the consultation, demonstrates the absence of To redress the situation the following actions are dedicate resources for the rehabilitation of decommissioning process. This institution 36 requisite coordination and leadership. The KAA urgently required: 37 livelihoods and social protection for affected will provide leadership by enhancing objection to placing a new dumpsite adjacent to communities. The Ministries responsible public participation, transparency and the airport has sounded the death knell for the 1. The City Council of Nairobi (thereafter for Labour and Social Development should accountability, which are currently lacking. decommissioning process. A new location for a County Government) should work with establish programmes that support affected Given the transition towards devolved landfill has now to be found by the City Council the private sector to urgently deploy workers and vulnerable groups to find government it is critical for a multi of Nairobi. technologies that isolate the waste at the alternative sources of income. stakeholder institution to co-ordinate the dumpsite from the environment. This is 4. The County Government and Civil Society multiplicity of actors to be involved in the critical to averting further human suffering Organisations should undertake awareness process. and environmental degradation. raising and education campaigns to

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