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A coalition of civil society groups and trade unions said those responsible must hold accountable those responsible for regulatory failures that led to the “totally unacceptable” deaths of six Soweto children who ingested the highly toxic pesticide terbufos.
The powerful organophosphate is illegal in the EU, but according to a coalition that includes the African Biodiversity Center, Groundwork, Friends of the Earth SA, Women on Farms Project and commercial stevedoring and farming organizations. It is said to be legally registered for agricultural use in South Africa. and the Allied Labor Union.
It said the children's deaths showed its use was “clearly inadequately regulated”.
Monica Sebetwana, 6 years old, and Ida Maama, 7 years old. Isago Mabote, 8 years old. Njabulo Msimanga, 7 years old. Katlego Olifant, 7, and Karabo Rampou, 9, from Naledi, Soweto, died last month after ingesting Terbufos.
The Naledi tragedy is not an isolated incident, the coalition said.
“This reveals the daily reality of many families living in informal or underserved environments who are forced to use highly toxic solutions against pests. It also shines a light on farmworkers and their families who continue to be exposed to toxic chemicals on the job and in their homes.”
Terbufos is a neurotoxic agricultural insecticide commonly sold as an 'street insecticide' in South Africa. The World Health Organization classifies it as a Class 1a compound, the most toxic category of all pesticides.
Coalition members said they had campaigned for years for a ban on highly dangerous pesticides, including terbufos, and for stricter regulation and better enforcement, “to no avail.” Even the “damning report” released in July by Marcos Orellana, the UN special rapporteur on toxic substances and human rights, did not “call for a decisive response” from governments on regulating hazardous substances.
Regulatory gaps and poor enforcement have led to the emergence of street pesticides, widely available on the market and used in informal settlements to control rodent and other pest infestations, Orellana's report said. The situation is exacerbated by the lack of good sanitation services.
“Street pesticides are legally registered for agricultural use, but are either decanted into unlabeled containers and used illegally for domestic pest control, or are unregistered products and probably illegally imported. Either you are there or you are.”
Many children were poisoned or died after eating, drinking or handling dangerous pesticides on the streets.
According to the report, there were 34 poisoning incidents in Gauteng in 2022, of which five deaths were due to the organophosphate 'probably terbufos'.
“Local experts and medical experts have also warned that pesticide poisoning cases in South Africa are being grossly underreported.”
A large mortuary study in Cape Town published last year showed that terbufos was responsible for more than half of child deaths over a 10-year investigation of suspected pesticide poisoning deaths.
“Terbufos and methamidophos are highly dangerous pesticide active ingredients that are registered for agricultural use in South Africa, but are commonly sold as household street pesticides in low socio-economic areas,” the study said. are.
The report said reducing the availability of toxic pesticides, especially the illegal sale of pesticides on the streets, and providing poor communities with less toxic alternatives would reduce deaths.
Mr Orelana also expressed concern about the “corporate capture” of South Africa's regulatory system, including the pesticide registration process, and the role of scientists in this.
Heidi Swanby, coordinator of the South African People's Tribunal on Agrotoxins, said Orelana's findings should have been an international embarrassment for the government. Instead, the government's response to his report was “defensive and insensitive.”
She said there was no recognition of the suffering caused by regulators' inaction and “friendly relations with industry” and no sign of a will to address the serious harm caused by agrotoxins under their watch. He said no.
No one should have access to Terbufoss, Swanby added.
“Firstly, it should have been banned already anyway, and secondly, if they decided not to ban it, they should really keep an eye out. But that's not happening. It exists. It is the most poisonous poison of all, and should only be available to registered people. [and] It should be strictly regulated. ”
She said chemical industry group CropLife initially claimed that banned drugs smuggled across the border were responsible for the children's deaths, and put the spotlight on foreigners and spaza shop owners, but toxicology tests It was confirmed that the death was caused by Terbufos.
CropLife did not respond to this question. email and guardianThis is your inquiry.
Although Terbufos has been banned in the EU since 2009, it continues to be manufactured and exported from Europe. Exporting chemicals known to be potentially carcinogenic to developing countries is deplorable, said Colette Solomon, director of the Women's Farm Project.
“The deaths of these children demonstrate that maintaining this racist double standard in the pesticide trade has deadly consequences,” she said.
Lesley London, a pesticide expert at the University of Cape Town's School of Public Health, said government ministers needed to be held to account for “the system that allowed Terbufos to be used under the conditions in which it was used in South Africa”. Ta.
The Rotterdam Convention, to which South Africa is a party, “would have required at least some notification, but the minister in charge [former forestry, fisheries and environment minister Barbara Creecy] The regulations were withdrawn. ” Last month, new Environment Minister Dion George announced the latest regulations.
Similarly, the London government said that despite the Department of Health's duty to enforce the Toxic Substances Act, “total inaction continues”.
“Those who sold Terbufos should have a registry that the health department can test. It is convenient to blame the vendors, but government departments including health, agriculture, labor and environmental affairs are responsible for failing to protect public health. I’m complicit.”
The Ministry of Forestry, Fisheries and the Environment M&G “The Department of Agriculture is the authority responsible for regulating pesticides, and whenever we receive a prior informed consent notice, we consult with the Department to ensure that we do not allow substances that are not registered in that country.” The ministry did not respond to requests for comment.
Orellana said in his report that he was pleased to learn that the Ministry of Agriculture, Land Reform and Rural Development will ban the sale and use of certain highly dangerous pesticides from June 1, 2024.
“Nonetheless, all dangerous pesticides that are banned in their countries of origin should also be banned in South Africa.
“Implementation of laws governing pesticides in South Africa spans multiple sectors, leading to coordination problems.”
The main legislation, the Fertilizers, Agricultural Seeds, Seeds and Remedies Act No. 36 of 1947, was under the responsibility of the Ministry of Agriculture, Land Reform and Rural Development. Orellana said it is widely recognized as outdated and inadequate.
In response to Orellana's findings, the state said various branches of government are working together to prevent and control health effects associated with pesticide exposure.
“In line with international commitments, South Africa will phase out highly hazardous pesticides by 2035, where risks are unmanaged and safer and more affordable alternatives are available. We are committed to facilitating the transition to and making available alternatives.”
It was acknowledged that the law was outdated.
The South African government said it is reviewing the legal framework governing pesticides to address shortfalls and improve safety measures for human health and the environment. It will improve transparency, public participation and access to information.
The coalition's demands include government accountability and unity. Charting a path out of harmful agricultural practices. Inclusive and transparent decision-making and an end to double standards.
London will fix “gaping holes” in regulatory oversight and improve enforcement, and reduce government's “respect for the industry” at the expense of the health and lives of children, farm workers and smallholder farmers, and the protection of the environment. '' Urgent action is needed to address the issue. .
“There is no appropriate whole-of-government approach. Pesticide regulation is left to departments with no health or environmental protection expertise. Continue with permission.”
He said the pesticide registration system is outdated, saying: “There is no transparency, there is no notification to the public about the pesticides that are registered. There is no system to tell the public what they can scrutinize in the dossier. There are no plans to re-evaluate existing chemicals in light of new science.”
Despite being a principle of the National Environmental Management Act (Nema), there are no mandatory measures to ensure industry is held accountable.
“or [is there] There was no mechanism to ensure payment to polluters, no risk-averse approach adopted for registration,” London said. “All of these (and more) are nema principles that cannot be supported by a 75-year-old law. It is not fit for purpose.”
It relies on the police to prosecute people who use pesticides in violation of the law.
“Given how overloaded SAPS is; [South African Police Service] It is no wonder that enforcement is virtually non-existent when it comes to serious crimes and does not address the most basic police functions. ”
No one in London had heard of it except professional pests.
Control Operator — has been charged with, let alone convicted of, an offense under the 1947 Act. “This is a model of enforcement that is doomed to fail.”