Trash and tragedy: the impact of garbage on human rights in Nairobi City

TRASH AND TRAGEDY The impact of garbage on human rights in Nairobi City

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Contents Acknowledgements................................................ 4 List of Abbreviations. . ............................................. 7 Executive Summar y................................................ 8 The Problem.................................................................... 13 Case Study..................................................................... 20 Legal and Policy Context.................................................. 21

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Fear of Exclusion..............................................................25 Loss of Livelihood............................................................ 27 A Green City.................................................................... 31 Call to Action...................................................................36

2.

Google Earth Image

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Acknowledgements

W 4

Acknowledgements...

e thank the 1,700 participants

of the

who

Kutoka Network,

attended

the

various

Prime

Minister

in

partnership

with

Appreciation also goes out to all the diverse

This report is dedicated to the communities

Concern

Worldwide

and

speakers and participants who attended the

whose

insights

various stakeholder forums held during the

the environmental disaster that is

Environment Department of the City

year; and who took time to send teams to

Dumpsite.

discussion forums during the

CESVI. In addition, information

Information

of

Education

and

the

and

Communication Campaign on the Health and

Council

Environmental Impact of Dandora Municipal

Environmental

Kenya

informed presentations. Without them, the much

Dumpsite between the 13th September 2011

Association of Manufacturers KAM and the Japan

needed insight on the Dandora Dumpsite and

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

be possible.

the Environment Department of the Office

report.

of

Nairobi

(CCN), United

Programme

UNEP,

Nations

compilation of this

research, prepare

and

share

valuable

human

rights

are

jeopardized

by

Dandora

and Anne O’Mahony

Country Director Concern Worldwide

5

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

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NCBD

Nairobi Central Business District

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

www.good.co.ke

UNEP

United Nations Environmental Programme

WFCL

Worst Forms of Child Labour

JICA

Japan International Cooperation Agency

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Executive Summar y

A

8

clean environment is essential to

particularly

through

Executive Summar y...

respiratory

diseases,

human health; however, cleaning

endocrine complications and cancer. At least

operations

half the children in surrounding neighborhoods

generate

waste

that

can adversely affect human rights

have heavy metal concentrations in their blood

if inappropriately disposed. While the poor

that exceed the maximum level set by the

are responsible for a small fraction of waste

World Health Organization. Despite these risks,

generated in the city, they bare the greatest

between 6000 and 10000 people eke a living

burden of effects. Absence of a functional waste

from on dumpsite, while over 200,000 people

management system in Nairobi has resulted in

have indirect economic and social links to it.

indiscriminate dumping of waste in Dandora,

Consequently, many around the dumpsite do not

one of the poorest neighborhoods in the city.

want it removed for fear of losing its benefits.

Evidence demonstrates

from that

these

neighborhoods

contamination

from

City Council of Nairobi was to decommission

the

the dumpsite in early 2012, after 8 years of

dumpsite has adversely affected human health,

planning. However, conflict between the council

and the Kenya Airports Authority over the

not buttressed further into extreme poverty.

relocation of the dumpsite to Ruai has brought

In

the process to a grinding halt. The resulting

opportunities in the waste sector should be

stalemate implies there will be no quick end to

created.

particular,

livelihood

and

decent

work

one of the largest and most flagrant violations of human rights in the country. The dumpsite

To address this tragedy and injustice, the county

exists in contravention of several provisions of

government should immediately deploy modern

the Constitution of Kenya, and a raft of Laws and

technology to isolate the toxic waste from contact

Court Judgments.

with people and the environment. Identification of a site for construction of a sanitary landfill is

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

should be a matter of National Interest, and

must take responsibility for their waste, a key

certainly a priority for the County Government.

step is to demand urgent delivery of a safe and

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.

9

42

30 acres 8 km. from the city

3.5M

Residents generate

10

600g everyday

11

The Problem

help groups and cooperatives operating in the

of the children and youth at the dumpsite have

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

children, commonly referred to as ‘Chokora’,

a consequence of disease or injury sustained

have blood lead level above 10 micrograms per

brave the dangers of the dumpsite to escape the

at the dumpsite. Infections, particularly of the

decilitre of blood, indicating exposure to high

ravages of extreme poverty.

respiratory tract, are a common cause of death.

levels of lead (UNEP 2007). The hematological

At least 25% of the workers had fresh injuries

systems of these children are also reported as

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

contaminated

among communities around the dumpsite is that

is produced from the city each day, however, as

industrial waste barrels, are a leading cause of

Kenyatta National Hospital has a ward dedicated

the city lacks sorting facilities, it is all dumped

injuries and limb amputations. These accounts

to treating chest infections from Dandora and

at the site. Recovery is done manually through

are corroborated by hospital records from

Korogocho.

directly affecting more than 200,000 people

laborious processes involving poorly equipped

Kariobangi Catholic Mission Clinic where and

in

and protected individuals working in small

average of 9000 cases of respiratory infections

Scientific

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.

A

decade

ago

dumpsite

the

dumpsite

serving

was

Nairobi’s

3.5 million inhabitants. With each

person producing an estimated 600 grams of solid waste daily, at least 850 tones are deposited there each day. What was once an abandoned

12

The Problem...

refuse.

The waste has polluted the soil, water and air surrounding

settlements

of

Korogocho,

to the problem, are bearing the burden of an environmental catastrophe. The most affected

Over 150 waste workers drawn from over 50 self-

to

disused

negative

studies health

have

long

outcomes

in

demonstrated neighbouring

The African Network for the Protection and

communities. People absorb toxins like PCBs,

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

13

The Problem...

cause and

14

digestive

disruption, low

cancer. Anecdotal

scores the

food. The number of children at the dumpsite is 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,

problems,

from

a significant proportion (78%) scavenge for

community suggests a high prevalence of health

kidney

evidence

IQ

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 forms of crime.

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.

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16

“

“

At least 53% of children and youth at the dumpsite have respiratory tract infections, coughs and asthma

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CASE STUDY Wanjiku’s Story

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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.

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Legal and Policy Context

T 20

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:

of the Right to a Clean and Safe decades

The Local Gover nment Act, section 201,

of demands by communities affected by the

confers legal responsibility of solid waste

dumpsite. The Constitution stipulates that the

management to the City Council of Nairobi.

environment is to be protected for the benefit

The Council, in 2007, instituted a raft of solid

of present and future generations, particularly

waste by-laws to regulate the management of

through

Environment,

the

vindicated

elimination

of

processes

and

solid waste, wherein the council affirmed its

degrade

the

responsibility to collect, treat and dispose of,

environment. To the extent that unregulated

or otherwise deal with, all domestic waste and

dumping continues in Dandora, an illegality

other litter generated within its jurisdiction. The

persists. The constitutional responsibility of the

council has failed to maintain this commitment.

activities

that

are

likely

to

State to regulate use of land in the interest of public safety and health is failing; moreover,

The Public Health Act provides that the

dumping of waste at Dandora amounts to

Council has to employ all lawful, necessaryand

selective exposure of affected populations to an

reasonably practicable measures to keep their

environmental hazard, which violates the right

jurisdiction

to protection and equal benefit of the law.

occurrence of nuisance or conditions liable to

clean

and

sanitary

to

prevent

be injurious or dangerous to human health. The

conditions essentially determine the extent to

Council has failed to honour this obligation.

which people enjoy their basic rights to life, health, adequate food and shelter. Exposure of

The

and

populations to toxic waste is manifest derogation

Coordination Act EMCA (1999), explicitly

Environmental

Management

of the state obligation to respect, protect and

prohibits discharge or disposal of any waste

fulfill human rights.

in a manner likely to cause pollution to the environment or ill health to any person. The

The City Council of Nairobi (and thereafter the

Act prohibits, inter alia, disposal of waste at

County Government, after the general elections),

any site not established in accordance with a

the National Environment Management Authority

license issued by the Authority. Moreover, the

(NEMA) and the Ministries responsible for local

Act prohibits disposal of toxic waste into or near

government and the Nairobi metropolitan bear

a water resource or the atmosphere.

the legal responsibility for the ongoing violation of human rights at the dumpsite.

Human rights cannot be secured in a degraded or

polluted

environment.

Environmental

21

“

“

Over 200,000 people have close economic and social ties with the dumpsite

22

850 tonnes

deposited everyday

23

Fear of Exclusion

D 24

Fear of Exclusion...

espite the serious human rights

public

The resulting misapprehension has undermined

were particularly vexed by the spokesperson ‘s

and environmental concerns about

decommissioning process, particularly among

public

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.”

primarily 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

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

about

the decommissioning process.

the Government. For example, in late 2011,

only serve to confirm the suspicions of poor

the

dumpsite

and

the

proposed

mistrust

and

dissent

towards

the

confidence

in

the

the

absence

of

information,

emanating

from

anti-poor

government

the government issued a statement through

communities that they will not benefit from

public domain. Only communities living around

Fear

indirect

the Government Spokesperson in which it was

the

the dumpsite are aware of its effects, but they

dependents of the dumpsite, who have close

stated that “after substantive consultations” with

has

too are kept in the dark about the formal plans

social and economic ties with waste workers.

the stakeholders, the government was closing

of

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.

chaos.

redress low. Moreover, it has also fostered

transfer the economic and social burden to them.

decommissioning process remains outside the is

also

expressed

by

the

The protesters

decomissioning

of

also

fodder

the

provided

decommissioning

the

dumpsite. This for

who

antagonists have

rallied

25

Loss of Livelihood

N 26

Waste Workers For um in Korogocho otwithstanding the public mistrust

and livelihood opportunities for solid waste

and skepticism at community level,

workers. Communities fear a decommissioned

there

information

dumpsite will only create new opportunities for

about the extent to which livelihoods

middle and high income segments of society.

that 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

solid waste management practices, their fears

will

be

is

lost

insufficient

when

the

dumpsite

is

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

already

scarce

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

proposed for the creation of decent work

be used to transform lives. In 2011, a pilot

demonstrated

that

this

potential

can

27

Loss of Livelihood...

programme by Concern Worldwide and Kutoka

30% of the participants did not make profit,

Network supported 100 solid waste workers to

while only 10% failed.

Returns from Grants to Solid Waste Workers

improve their livelihoods by granting workers KES 20,000 and by providing vocational skills

Such

training.

investment

programmes in

have

waste

demonstrated

workers

and

that waste

The project aimed to establish safer and more

the livelihoods of the poor. This potential

productive livelihoods for solid waste workers.

remains unexploited in Nairobi city, where

Participants

on

only 3 metric tonnes of solid waste is recycled

their existing skills and practice, with a focus

from an estimated 15,000 metric tons created

on decent work. The most preferred activities

daily. With adequate investment, solid waste

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

businesses

livelihood

100000

were

encouraged

established

through

to

build

the

grants

opportunities

for

the

poor

by

remained in operation, with profits averaging

enhancing the efficiency and scale of recycling

30%. Participants

businesses.

who

augmented

existing

capital, realised returns as high as 125%. About

Scrap Trading

40000 35000 30000 25000 20000 15000 10000 5000 0

7200

Investment

Recruitment Revenue

Profit

Charcoal Making

Chicken Farming 10000

Ksh

28

Ksh

related businesses can positively transform

Ksh

Loss of Livelihood...

80000 60000 40000

22500

20000 0 Investment

Recruitment Revenue

Profit

8000 6000 4000

3000

2000 0 Investment

Recruitment

Revenue

Profit

29

A green city

I 30

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

an 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

does not consider it feasible to extract natural

LFG at

gas from the dumpsite, the Kenya Electricity

potential to produce green energy at a price

Generating

Company

(KENGEN)

calorific value of

20 MJ/m3), Dandora dumpsite has the

announced

of 0.027 â‚Ź/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.

31

Landfill gas production (20 years)

Electricity production (40% efficiency)

138,800,000

156,657

€

m3

MWh

4,300,000

Realisation Cost

Electricity Costs

2.97

Kshs/kWh

An analysis of the two options, suggests that unless affirmative action is taken to protect the interests of the poor, they may not immediately benefit. With only 18 percent of slum dwellers’ houses connected to electricity in Korogocho, compared to 60 percent in the rest of Nairobi,

32

electricity generated from a gas plant would not

efficiency, and afforestation) can earn valuable

In November 2011, it was widely reported

carbon credits through the Clean Development

in the press that the City Council of Nairobi

Mechanism (CDM) - a project led by UNEP. The

announced an international tender worth KES

revenue generated from selling these CDM

600 million to convert the Dandora Dumpsite

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

Emissions Trading prescribes that CERs can

this would preclude natural gas harvesting.

in Nairobi, with over 250 dwelling units per

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

project, before 1 January 2013.

unclear how either will directly benefit the poor.

be used by companies in the EU to meet their

“

55% of the 10,000 workers are children enough to fill more than 110 class rooms!

“

Calculation of Energy Potential of the Dumpsite

be useful to the community unless it is offered at subsidized rates and prioritised for these poor communities.

Korogocho is one of the most congested areas hectare. Most houses are constructed of earth, would be at odds with the need for land and housing.

33

MODEL FOR THE CONVERSION OF A DUMPSITE INTO A SANITARY LANDFILL

34

35

Call to Action...

Call to Action

D

espite

the

Even if the plans for the Ruai site had gone

Dumpsite,

ahead, the decommissioning process would not

authorities appear to be impeded

be complete before 2016. It therefore appears

by

political

human rights in Dandora are to be abrogated

apathy. The sudden conflict between Kenya

indefinitely, a position that is untenable under

Airports Authority and the City Council of

the new Constitution of Kenya.

disaster

the

gravity

at

Dandora

bureaucracy

of

and

36

demonstrates

the

absence

of

requisite coordination and leadership. The KAA

urgently required: 1.

The City Council of Nairobi (thereafter

decommissioning process. A new location for a

County

landfill has now to be found by the City Council

the

of Nairobi.

technologies that isolate the waste at the

Government)

private

sector

should to

work

urgently

with

deploy

dumpsite from the environment. This is critical to averting further human suffering and environmental degradation.

transform solid waste disposal behavior

County Government) should immediately

in Nairobi City. A culture of solid waste

allocate land for a sanitary landfill. Dandora

reduction,

site is not sustainable, as it lacks the

backbone of a long term solution to the

fundamental qualities of a sanitary landfill,

disaster in Dandora.

The

County

4.

and

National

governments

5.

A

reuse

formal

and

recycling

institution

stakeholder

is

the

comprising

representatives

should

be

should

constituted and resourced to oversee the

dedicate resources for the rehabilitation of

decommissioning process. This institution

livelihoods and social protection for affected

will

communities. The Ministries responsible

public

for Labour and Social Development should

accountability, which are currently lacking.

establish programmes that support affected

Given

workers and vulnerable groups to find

government

alternative sources of income.

stakeholder institution to co-ordinate the

The County Government and Civil Society

multiplicity of actors to be involved in the

Organisations should undertake awareness

process.

and

To redress the situation the following actions are

objection to placing a new dumpsite adjacent to the airport has sounded the death knell for the

The City Council of Nairobi (thereafter

which isolates waste from the environment.

3.

Nairobi, despite eight years of planning and consultation,

2.

raising

developement

and

agencies

education

campaigns

to

provide

leadership

participation, the

transition it

is

by

enhancing

transparency towards

critical

for

and

devolved a

multi

37

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