The case of Metssa Congo, in Vindoulou, in the suburbs of Pointe-Noire, is among the examples chosen by Amnesty International in its report “In the shadow of industries in the Republic of Congo”, released on June 4. The NGO calls on the Brazzaville authorities to better guarantee respect for human rights by industrial companies. The non-ferrous metal and plastic recycling plant continues its activities. The provisional suspension requested in April by the judge in summary proceedings was overturned at the end of May by the Supreme Court, to the great dismay of local residents who fear for their health.
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“ The battle is getting tough », Confesses Cyrille Traoré Ndembi, representative of the collective of residents of Metssa Congo Sarlu in Vindoulou. He hoped for the application of the precautionary principle and therefore of the order to suspend the company’s activities, while the procedure on the merits ends up before the administrative court. “ The decision that is taken is a decision that favors industrial interests to the detriment of public health.deplores Cyrille Traoré Ndembi. We will remain exposed, because if we go to another procedure, how long will it last? Five years ? Ten years ? We might already be dead “.
According to Cyrille Traoré Ndembi, since blood tests showed worrying blood lead levels – a marker of lead poisoning – in several residents living near the site from which black smoke is escaping, “ many of us have lost sleep “.
“ Concentrations of lead significantly above levels considered safe »
Metssa Congo began its activities in Vindoulou in 2013. After several years of mobilization, in March 2023, local residents organized so that blood samples were taken from around twenty residents living near the factory, including very young children. The samples are analyzed in a French laboratory, with the support of Amnesty and according to Samira Daoud, director of the regional office for West Africa and Central Africa of the NGO, “ all samples found lead concentrations significantly above levels considered safe by WHO “.
However, the counsel for the company Metssa Congo Sarlu, lawyer André Bikindou, believes that there is no proof of the company’s responsibility. “ To date, we are unable to establish a cause and effect link between the activity of my client, the company Metssa Congo, and the alleged damage claimed to be suffered by local residents. », Says the man who is also the president of Pointe-Noire.
Read alsoCongo-B: legal standoff between residents of Pointe-Noire and a company recycling metals and batteries
Samira Daoud of Amnesty International responds that“there are no other lead recycling companies in the area and the study carried out by the collective is perfectly credible from a scientific point of view “.
“ Local residents are available for any second medical expertise “, affirms Cyrille Traoré Ndembi, for whom the most problematic is that while waiting for the progress of the legal procedure, the activities of Metssa Congo Sarlu continue.
The only way is “ a scientificization of the facts as part of an investigation ordered by the courts », says Master André Bikindou: “ They [les riverains, NDLR] initially obtained the suspension of the activities of my client, Metssa Congo Sarlu. The Supreme Court, which is the highest court in our country, annulled the effect of this decision. So let’s wait for the legal consequences. »
The summary judge at the Pointe-Noire administrative court ordered in April the temporary suspension of the company’s activities. But on May 22, the Supreme Court reversed the decision.
According to Samira Daoud, given the body of worrying evidence on the health and environmental impact of the Metssa company, the temporary suspension ordered by the judge should have been applied: “ If we request the temporary suspension while waiting for the court to rule on the merits, that means that we consider that there is a potential risk such that it must first be interrupted, even temporarily, and then to decide on the merits, to decide whether to permanently close Metssa Congo or resume activities. »
The collective of residents sent a letter to the head of government
On June 4, Amnesty released a report “In the shadow of industries in the Republic of Congo” on the impact of several companies on the inhabitants of the surrounding villages in the departments of Pointe-Noire and Kouilou. We can read there that Metssa Congo did not carry out an environmental impact study before its installation in 2013, which constitutes a violation of Congolese legislation. The company says it obtained a license for the site in 2018 and an environmental compliance certificate last year, 10 years after it began operations.
“ Today, what we expect from the authorities is that they take this issue seriously. We have reason to believe that the authorities, even if they have not responded to us, are receptive. They seem to be looking for a solution », estimates Samira Daoud
Samira Daoud continues: “ What is certain is that it is absolutely necessary to investigate the real impact of Metssa Congo’s activities, on its compliance with the legislation. And if it turns out that the factory’s activities are detrimental to the health and environment of the community, immediate measures be taken to move this factory out of Vindoulou or if it is an industrial zone, that what is necessary be done for the residents concerned. »
While awaiting the continuation of the procedure before the administrative court, after having written to several ministers, the collective of residents of Vindoulou sent a letter to the head of the Congolese government.