Chlordecone in the French Caribbean: The State Must Compensate Victims of a Pesticide

On 11 March 2025, the Paris Administrative Court of Appeal delivered a historic ruling regarding the use of chlordecone in Guadeloupe and Martinique. This pesticide was used extensively in banana plantations in the French Caribbean between 1972 and 1993. It caused long-lasting pollution of soil and water, which affected the health of local populations.

The court recognised that the State had committed failings by authorising the sale and prolonged use of this particularly toxic product. It therefore ordered compensation for victims who can demonstrate anxiety-related harm.

What Were the State’s Failings in the Management of Chlordecone?

Although chlordecone was banned in the United States as early as 1976 because of its toxicity, its use continued in the French Caribbean until 1993. Authorisations were repeatedly renewed by the French authorities. The Administrative Court of Appeal found that the State had committed failings by granting these sales authorisations and allowing the pesticide’s prolonged use. In addition, it failed to act diligently in assessing the pollution and did not halt its use quickly enough.

The State was also criticised for failing to properly assess the consequences and for not adequately informing the affected population. The ruling of the Administrative Court of Appeal marks a significant step forward by recognising the moral harm of anxiety suffered by people durably exposed to chlordecone pollution. To receive compensation, victims are required to provide concrete evidence demonstrating actual exposure to the pollution as well as a high risk of developing a serious illness.

In this case, out of more than 1,300 claimants, only around ten people received compensation. They had provided blood test results and environmental studies confirming their exposure.

What Were the Reactions of Civil Parties and Associations?

Initially, lawyers for the civil parties welcomed the ruling as a victory. At the same time, they expressed disappointment at the limited number of victims compensated. They regret that the court did not fully take into account the proven effects of chlordecone on public health.

Associations such as Vivre and the Representative Council of Black Associations (CRAN) also shared their frustration at this particularly limited compensation. They considered that the State was not fully acknowledging the scale of this public health scandal. It should be remembered that chlordecone caused major and long-lasting pollution of soil, groundwater and marine environments in Guadeloupe and Martinique.

• According to Santé publique France, more than 90% of the adult population of these islands has been contaminated by this pesticide.
• Men there show one of the highest prostate cancer incidence rates in the world.

Ensuring All Victims Receive Compensation

This situation has inevitably forced farmers to adapt their practices in order to avoid contamination. For example, they have developed soilless cultivation methods and installed livestock infrastructure. The decision of the Paris Administrative Court of Appeal represents a major step in recognising the harm suffered by Caribbean populations exposed to chlordecone for many years.

• The limited number of compensated victims highlights the need to continue legal action in order to secure much broader compensation.
• Lawyers for the civil parties and associations are considering taking the case to the European Court of Human Rights. They want full recognition of responsibilities.
• This may eventually lead to fair compensation for all victims.

There has already been judicial recognition of the failings committed by the State in the management of chlordecone in the French Caribbean, along with compensation for victims who can demonstrate anxiety-related harm. Further efforts are still needed, however, to ensure compensation that is both full and fair for everyone affected by this lasting pollution.