Five years ago, or on August 16, 2021, The Supreme Court ruled in favor of the Pilipino Banana Growers and Exporters Association in what will become the infamous case, Mosqueda, et al versus PBGEA. The Ordinance Banning the use of Aerial Spray in all Agricultural entities within the city was declared unconstitutional for violating the equal protection clause and due process protected by the 1987 Constitution, the Motion for Reconsideration filed by the Mamamayang Ayaw sa Aerial Spray (MAAS), and the City Government of Davao was also denied. It was a decision that until today we believed was wrong and unfair, the highest court of the land should have reconsidered and taken into consideration the welfare of those that are vulnerable the young, the old, and the immunocompromised. They should have ruled against the poison rain.
Years after the ordinance was declared unconstitutional, plantations continue their aerial spraying practices and our worry is that it will not be long before we will be back at the beginning, back in the dark days wherein we fear for the health and welfare of both the young and old Davaoeños.
Concern about the situation of Davaoeños after the decision, Interfacing Development Interventions for Sustainability, Inc (IDIS) conducted a study in 2019 entitled “Mapping of Cavendish Banana Plantations & Affected Communities of Aerial Spraying in South Central Mindanao”. The goal was to check the actual situation of banana plantations within South Central Mindanao, verify active aerial spraying practices, and analyze its effects on the community.
It was revealed that four (4) barangays in Davao City have resumed practicing aerial in their plantations, to wit: Brgy Dacudao, Brgy Lacson, Brgy Subasta and Brgy.Lasang. What is alarming is that there are residential communities and schools adjacent to these plantations with weak agricultural buffer zones.
Through the study, a round table discussion was conducted last November 2020. It was attended by representatives from the Fertilizers Authority of the Philippines (FPA), Brgy Officials from Brgy Sirib and Brgy Lacson, IDIS, and a legal staff from the Office of Councilor Ralph Abella. Affected barangays shared that trees were cut down to make way for plantations and the decrease in the production of cacao and other fruit bearing trees as an effect of aerial spraying. For their part and aware of the harmful effects of pesticide drift brought about the aerial spray, FPA released Memorandum Circular No. 28, series of 2018 or Good Agricultural practices for remotely piloted aircraft system for use as spraying.
IDIS with its ongoing campaign against aerial spray and in commemoration of the 5th year anniversary of the SC decision, visited Brgy Lacson and Brgy Dacudao last August 13, 2021 to check and ask the residents regarding their situation and concerns regarding aerial spraying. During the interview, residents shared that schedules for aerial spraying being posted by the company are not followed, multiple complaints that there are workers still in the area (banana plantation) during the aerial spraying causing them to have skin irritations and even eye ailments. It was also observed during the visit that buffer zones were not observed and the dangers of pesticide drift contaminating the water and some plants in the area.
THE BATTLE CONTINUES
Yes, the battle continues in 2021! We might have lost the legal battle in pushing for the end of poison rain but we are left not without recourse.
Thus, we call and urge on the following actions;
- For the City Council to pass a local policy that, will prohibit conventional aerial spraying and enhance regulation for non-aerial spraying methods of agricultural plantations including local monitoring and enforcement of buffer zone requirement and pesticide application schedules.
- For the City Government of Davao to fully implement the Watershed Code of 2009, requirement of buffer zones and strictly prohibiting aerial spraying at Environmental Critical Areas ECAs.
- For Department of Environmental and Natural Resources (DENR) Secretary Roy Cimatu to revive the Multipartite Monitoring Team (MMT) for agricultural plantations, through an administrative order.
- For the Department of Environmental and Natural Resources (DENR) – Environment Management Bureau (EMB) for the strict monitoring of the environmental mitigations set in the plantation’s ECC and other environmental management plan, especially the requirement of buffer spaces and submission of Self-Monitoring Reports (SMR).
- For the DENR, academic, research institutions and plantation companies to conduct pesticide drift studies in order to determine the extent of the movement of the pesticides and prevent its harmful effects.
The right to a balanced and healthful ecology enshrined by our Constitution should not be forgotten. Stand with us as we bring this battle back to the Legislative and Executive! Yes, the battle continues!