Proposal /
Statement:
We stand in solidarity with the banana workers and their
families who have been devastated physically,
psychologically and economically by the effects of the
pesticide "Nemagon" (also known as
"Fumazone").
Some of the health problems reported to and observed by
us which resulted from both direct and indirect exposure
to Nemagon include: rashes, blistering and the loss of
pigmentation of the skin, visible tumors, severe pain and
contortion of extremities and joints, birth defects,
sterilization, spontaneous abortions, head aches,
deteriorated eye sight, kidney failure, fatigue, anxiety,
insomnia, gastrointestinal problems, cancer of the
uterus, skin and breasts, and death.  
On March 11, 2005, approximately 2,500 farm workers and
their families affected by the virulent pesticide,
Nemagon, began a 200 km march from the banana-growing
department of Chinandega, Nicaragua. Roughly 6,000 -
7,000 affected men, women and children, representing 16
different plantations and identified by the acronym:
ASOTRAEXDANAOBON, have established an encampment made up
of make-shift tents and tarps in front of the National
Assembly. They are demanding that the Nicaraguan
government adopt a position in support of the workers.
Fifty of the banana workers have begun a hunger strike to
raise awareness…
To date, it is estimated that 20,500 Nicaraguan families
(approximately 85,000 people) have been afflicted with
moderate to severe physiological and psychological health
complications, such as the ones cited above, and an
additional 2,000 people have already died as a result of
the commercial use of the nematicide.
The protestors state that they will not leave the
encampment until their government has acted justly by
recognizing the horrible conditions in which they've been
left to die, covering their burgeoning medical costs, and
banning the use of all pesticides that contain the
virulent agents associated with Nemagon.
Nemagon, whose active ingredient is
dibromo-chloro-propane (DBCP), is a virulent soil
fumigant and pesticide used, in part, to kill burrowing
rootworms - nematodes - which damage and cause
discoloration in bananas. The chemical was widely sold
throughout Central America, the Caribbean and the
Philippines throughout the 1960's, 70's and into the mid
1980's and used on banana, sugarcane, pineapple, and
cotton crops. The pesticide was manufactured by several
companies including: Occidental Chemical, Dow Chemical
and Shell Oil Companies; the latter two companies
exported upwards of 24 million pounds of Nemagon each
year during this time. The transnational companies that
used Nemagon include: Standard Fruit Company (Dole is its
sister company in the U.S.), Del Monte, and United Fruit
(now Chiquita).
In 1958, unpublished initial findings of the chemicals'
toxicity by Dow Chemical and Shell Oil revealed adverse
effects to the endocrine system. Without modification,
the chemical companies received approval for the
commercial distribution and sale of Nemagon in 1964.
Tragically, the companies offered no recommendations for
protective clothing or special handling of the chemical.
The conscious decision by the companies to conceal any
warnings was done without any regard for the farm
workers, their families or the ecosystem where the
chemical was used.
In 1977, workers and their union at an Occidental
production plant in California identified the first human
sterility cases linked to DBCP. The product was banned in
the United States in 1979 after the Environmental
Protection Agency (EPA) pulled Nemagon off the market in
the US citing its toxic effects on chromosomes (DNA). It
was also concluded that DBCP can persist in the
environment - contaminating the air, soil and water - and
can be passed on through generations. Costa Rica banned
Nemagon in 1978. Two of the three major banana-producing
companies in Central America switched to other, more
expensive nematicides in 1977, but Standard Fruit
continued using Nemagon. Although Nemagon is said to be
discontinued, Victorino Espinoza, the spokesman for the
farm workers and many others, have expressed concerns
that DBCP is still being used in some pesticides. There
is also a great deal of concern that seepage from buried
tanks of the pesticide continue to contaminate the
environment and the water supply. Nemagon has been
classified by the World Health Organization as an
"extremely hazardous" chemical.
On January 17th, 2001, due to the efforts of ASOTRAEXDAN,
the Nicaraguan National Assembly passed Law 364, which
lays the legal groundwork upon which farm workers can sue
corporations, though this law is explicitly threatened by
a proposal of the Central American Free Trade Agreement
(CAFTA).
In December 2002, three U.S. corporations - Dole, Dow and
Shell - were found liable under Nicaraguan Law 364 and
were ordered to pay US$490 million in a class action suit
filed by 583 banana workers affected by Nemagon. Each of
these companies has denied the legality of the case on
fallacious grounds, and are calling for a new trial in
the U.S.
The Nicaraguan workers' suit is not the first to seek
compensation for harm caused by DBCP. In the early 1990s,
more than 16,000 banana plantation workers from Costa
Rica, Ecuador, Guatemala, Honduras, Nicaragua and the
Philippines filed a class-action lawsuit in Texas against
a number of U.S. fruit and chemical companies asking for
compensation for permanent sterility linked to DBCP
exposure [see "The South's Day in Court,"
Multinational Monitor, July/August 1990]. In 1997, the
four chemical corporations that produced DBCP: Amvac,
Dow, Occidental and Shell, agreed to pay $41.5 million in
an out-of court settlement that equated to only about
$100 per person; in addition, the victims had to sign a
waiver that they will not file suits against the
companies for five generations.
In 2003, the Dole Food Company contended that fraudulent
claims had been made by the victims and filed a
countersuit in late December against the workers, their
legal representatives, and the doctors who evaluated the
patients' health. The basis of this claim is derived from
the fact that in addition to the workers, the plaintiffs
in the suit also included family and community members
who were affected by contaminated drinking water and by
breathing in the Nemagon chemical as it was applied to
crops using various irrigation methods. The transnational
companies are seeking a total of $17 billion in this
countersuit. Dole officials have filed under the RICO
(Racketeer Influenced and Corrupt Organizations) law,
which generally applies to mafia crimes. According to the
Nicaraguan newspaper La Prensa, both Shell and Dow joined
the suit, though without employing the RICO statute.
Actions:
1 - Raise funds, awareness and solidarity for the Nemagon
victims who are in the encampment and whose food, water
and medical supplies are quite sparse.
2 - Organize accompaniment / send medicine and doctors /
identify other needs of the victims.
3 - Test the levels of DBCP in the soils, rivers and
ground water in the department of Chinandega and the
surrounding region for degree of contamination.
4 - Organize a boycott of Chiquita and Dole bananas, and
identify other foods to be targeted including those of
Del Monte.
5 - Seek solidarity actions with unions, faith-based
communities, and environmental groups.
6 - Lobby members of Congress and the State Dept.
7 - Send letters to the chemical companies demanding
reparation and financial compensation.
8 - Send letters and apply pressure on the Nicaragua
government to support the rights of the Nemagon victims
and the legality of Law 364.
|
