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Aerial spraying in banana plantations

threatens right to food of residents from 7
villages, Davao City, Mindanao
Philippines, 19.05.2009

Aerial spraying is spraying of fungicides from the air on crops such as bananas.
For some years, residents of 7 villages in Davao City have been lobbying against
aerial spraying, as it has affected their health conditions, water supply, and
damaged crops which are their source of livelihood. Although an ordinance
banning aerial spraying was issued by the City Council of Davao City in March
2007, it was declared unconstitutional by the Court of Appeals (CA) based at
Cagayan de Oro City in January 2009. The right to food of the villagers is
therefore at stake.

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Please write a polite letter to Chief Justice Reynato Puno of the Philippine Supreme Court, requesting him to
uphold the constitutionality and validity of the Davao City ban aerial spray ordinance. Please also send a
copy of this letter to President Gloria Macapagal-Arroyo.

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Bananas are the Philippines second most abundant export crop, with the island of Mindanao producing 75% of the countrys total
yield. In March 2007, the City Council of Davao City passed Ordinance #0309-07 entitled An Ordinance Banning Aerial Spraying
Practice in all Agricultural Entities in Davao City. The local law aimed to prohibit companies from spraying fungicides over bananas
from airplanes in 1,800 hectares out of the total 5,000 hectares of banana plantations in Davao City.
The law was passed after the lobbying efforts of the residents from 7 villages (Dacudao, Guinga, Mandug, Sirib, Subasta, Tamayong
and Tigatto) and other organisations grouped under the Mamamayan Ayaw sa Aerial Spraying (MAAS)/ Citizens Against Aerial
Spraying who have complained about skin, eye and respiratory problems caused by the fungicides. Aside from health problems,
durian, coconut and lanzone (lansium domesticum), which are the main source of livelihood of the villagers were adversely affected by
the aerial spraying. The springs, which are the water sources of the people, were also contaminated with fungicides.
The Pilipino Banana Growers & Exporters Association (PBGEA), an association of 18 banana corporations, led by Davao Fruits Corp.
and Lapanday Agricultural & Development Corp., filed a civil case at the Regional Trial Court (RTC) Branch 17 of Davao City and
questioned its constitutionality and validity. The PBGEA, which has been practicing aerial spraying since 2000, claimed that banning
aerial spraying would make their bananas vulnerable to the Black Sigatoka disease, and result in loss of jobs and bankruptcy. However,
similar ordinances passed in other provinces of the Philippines would disapprove this assumption. Allegedly, the banana companies in
Davao City want to avoid manual spraying as it will be more costly, requiring the hiring of about 5000 workers to do the work.
On September 22, 2007, Judge Renato Fuentesof the RTC Branch 17 of Davao City decided against the petition of the banana
companies. As a reaction, the PBGEA appealed to the 22nd Division of the Court of Appeals (CA) based in Cagayan de Oro City to
reverse the decision of the RTC. The 22nd Division of the CA issued a Temporary Restraining Order (TRO) against the Davao City
ordinance. A preliminary injunction was further issued on January 2008 by the CA. On January 9, 2009 the CA at Cagayan de Oro
City declared the Davao City ordinance banning aerial spraying unconstitutional. A Motion for Reconsideration was then filed by the
Davao City government on February 2, 2009.

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Aerial spraying not only damages the health and water source of the villagers living in Dacudao, Guinga, Mandug, Sirib, Subasta,
Tamayong and Tigatto in Davao City, it also threatens their right to food. As a state party to the International Covenant on Economic,
Social and Cultural Rights, the Government of the Philippines must respect and protect the right to food and the right to health of the
villagers who are affected by the aerial spraying of banana corporations.

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Honorable Reynato Puno
Chief of Justice
Supreme Court of the Philippines
Padre Faura Street corner Taft Avenue
Ermita 1000, Manila
The Philippines
Fax: +63 (2) 526 8129
Please ask for a fax tone.
Calls can only be accepted during office hours.
Copy to:
Her Excellency Gloria Macapagal-Arroyo
President
Malacaang Palace
JP Laurel Street, San Miguel
Manila 1005
The Philippines
Fax: +63 (2) 736 1010

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20 of July, 2009
Please inform FIAN International
about any response you receive to your
faxes and letters.
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Honorable Reynato Puno

Chief of Justice
Supreme Court of the Philippines
Padre Faura Street corner Taft Avenue
Ermita 1000, Manila
The Philippines
Fax: +63 (2) 526 8129

Dear Chief Justice Puno,

I was recently informed that on January 9, 2009, the 22nd Division of the Court of Appeals
declared Ordinance 0309-07 entitled An Ordinance Banning Aerial Spraying Practice in all
Agricultural Entities in Davao City unconstitutional .
The continued aerial spraying of fungicides by banana companies under the Philippine
Banana Growers and Exporters Association (PBGEA) on about 1,800 hectares of banana
plantations has adversely affected the health, crops and drinking water of residents of 7 villages
(Dacudao, Guinga, Mandug, Sirib, Subasta, Tamayong and Tigatto) in Davao City. Therefore, the
right to food of the villagers is threatened
The Philippines is a state party to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) and therefore duty-bound under international law to respect and protect
the right to food of all of its citizens, including the residents of the 7 villages in Davao City. I
would like to request you, Chief Justice Puno to uphold the constitutionality and validity of the
Davao city ban aerial spray ordinance.

Please inform me about any measure you intend to take on this matter.

Sincerely,