agricultural workers and peasants

By Sky Chadde - In These Times, January 24, 2023

Litigation over Roundup — the main ingredient of which, glyphosate, likely causes cancer—has had a long tail. And the latest lawsuit involving the once ubiquitous household weed killer dropped Jan. 18.

In 2020, Bayer announced a $10 billion settlement over claims Roundup caused cancer. One claimant was a farmworker in Virginia, according to the lawsuit filed by Public Citizen, a nonprofit organization focused on corporate and government accountability. She said she was exposed while working for years with the weed killer on tree farms.

Originally, she was given the chance to settle using the same program that many plaintiffs used to receive payments from Bayer, but she was then rebuffed, according to the lawsuit. Because she was not a U.S. citizen, like many farmworkers, she did not qualify, according to the lawsuit.

Seven months after signing onto the settlement program, she was dropped by her lawyers and was ineligible for a settlement, according to the lawsuit. 

Public Citizen said her civil rights have been violated because she was deemed not eligible because of her citizenship status.

“Those harmed by unlawful conduct are entitled to compensation no matter their immigration status,” Michael Kirkpatrick, an attorney with Public Citizen Litigation Group, said in a press release. ​“This lawsuit calls out discrimination by both Monsanto and some trial lawyers and will help put an end to such practices.”

By Alexandra Martinez - Prism, November 2, 2022

Farmworkers spent October picketing outside Hannaford Supermarket on Shelburne Road in South Burlington, Vermont, calling on the national grocery store chain to join the nonprofit, farmworker-driven Milk with Dignity program to end systemic human rights violations in the northeast dairy industry. The Vermont workers, organized with Migrant Justice, have been calling on Hannaford to join the program since 2019 with little success. The picket is just one of many actions farmworkers have leveraged to urge the company to improve its dairy sourcing practices.

“We’re calling up Hannaford to take action and to take responsibility for the rights of the dairy farm workers in their supply chain,” said Marino Chun, a farmworker and member of the Migrant Justice Farmworker Coordinating Committee, outside a Hannaford market in Shelburne, Vermont. According to Migrant Justice, Hannaford’s store brand of milk is produced in Vermont dairy farms where systemic human rights violations still occur. 

Inspired by the Coalition of Immokalee Workers’ Fair Food Program, Migrant Justice launched the Milk with Dignity program in 2017, with Ben & Jerry’s as the first company to commit to the program. To join the program, a company must commit to sourcing from farms that enroll in this worker-driven human rights program, which includes paying a premium to participating farms in exchange for the farm’s commitment to improving conditions to meet a worker-authored code of conduct. “Hannaford hasn’t joined yet, but we aren’t giving up and we’re gonna keep taking action until we get a positive response.”

Migrant Justice also helps to educate workers on their rights in the program, and a third-party auditor—the Milk with Dignity Standards Council (MDSC)—monitors farms’ compliance. Labor conditions for many dairy farm workers are often dangerous and even life-threatening. In 2014, there were 49 reported fatalities in dairy cattle and milk production; one worker was mauled by a two-year-old bull or dairy cow while herding 40-50 other cows into a holding pen, and she was pronounced dead at the scene. In the same year, a survey of nearly 200 Vermont dairy workers revealed the average laborer works 60-80 hours per week, and 40% of farmworkers are paid less than the state minimum wage. Dairy workers also reported having no days off, routinely working seven hours or more without a break to eat, having their pay illegally withheld, not getting eight consecutive hours off per day to sleep, and living in overcrowded housing with inadequate heat.

By Larry Williams, Jr. - Labor Network for Sustainability, October 30, 2022

Dear friends,

We’re celebrating the recent defeat of US Senator Joe Manchin’s “Dirty Deal.” This was a proposal to undermine environmental reviews and fast-track fossil fuel projects like the Mountain Valley Pipeline.

Today, we’d like to lift up the board members of the Labor Network for Sustainability who fought tooth and nail to oppose this Dirty Deal. LNS Board Members Jennifer Krill and Edgar Franks recently joined an action in the Hart Senate Building in Washington DC, in which Jennifer was arrested in an act of civil disobedience to oppose the deal.

Jennifer Krill stated: “Prioritizing the climate crisis means prioritizing environmental justice. Legislation that leads to more drilling and mining is precisely the kind of political side-dealing that has set us back from meeting our urgent climate goals. We’re grateful that members of Congress have taken action to stop the exploitation of frontline communities and stand up to the fossil fuel and mining industries. Congress has sacrificed people for corporate profits for far too long.”

Edgar Franks stated: “We as a farmworker union want to stand on the side of environmental justice. We are one of the communities that are bearing the brunt of climate change and also some of the most disenfranchised politically. The Dirty Deal was filled with mechanisms that further widen the divide where we will continue to be sacrificed for profits to the fossil fuel industry. We look for the time where we will not have to pit environment over jobs. As unions we need to be present and demand real solutions that are led by affected communities.”

But of course, this victory does not belong to us. It belongs to the many environmental justice leaders from across the country who’ve taken a stand against the Dirty Deal. It belongs to the communities in the Gulf of Mexico and coastal Alaska and everywhere in between. And it belongs to you.

To every member of the Labor Network for Sustainability—thank you. Whether you signed a petition, emailed or called your Senator, marched in a rally, risked arrest, or donated to support the cause, this is your victory.

We know the fight’s not over. Manchin will stop at nothing to cater to the fossil fuel industry, and we expect him to try to force through a similar deal later this year. But in the meantime, we can celebrate this moment and take stock of all we hold dear.

Thanks for being part of this movement.

By Kenny Stancil - Common Dreams, September 29, 2022

After vetoing similar legislation last year and threatening to do so again last month, California Gov. Gavin Newsom on Wednesday signed Assembly Bill 2183 into law, making it easier for farmworkers in the state to participate in union elections.

The Democratic governor's about-face on the measure represents a major victory for labor leaders. It follows a monthslong push by United Farm Workers of America (UFW) and the California Labor Federation (CLF) and comes in the wake of pressure from President Joe Biden and two high-ranking national Democrats with California ties—Vice President Kamala Harris and House Speaker Nancy Pelosi.

"This is an incredible victory," said UFW president Teresa Romero. "Starting next year, farmworkers can participate in elections free from intimidation and deportations. ¡Sí se puede!"

A.B. 2183, which the CLF called "the most consequential private sector organizing bill in our state's history," gives farmworkers a streamlined way to unionize without having to cast a ballot at a polling place on or near growers' property following a monthslong anti-union campaign.

BREAKING: Gov. @GavinNewsom stops by the @UFWupdates vigil, signs AB2183 into law. The legislation will allow farmworkers to vote remotely in union elections. pic.twitter.com/UN3eBU1kWS

— Eytan Wallace (@EytanWallace) September 28, 2022

By Jordan Barab - Confined Space, September 22, 2022

In what may be the largest mass casualty workplace event this year, three workers were killed after being trapped in a grain silo in Pennsylvania. The workers included a 47-year-old, a 19-year-old and a 14-year-old. A 16-year-old boy died at the same farm in March when he was trapped under a horse-drawn manure spreader that weighed more than 10 tons.

And despite the high death toll and age of the workers, neither OSHA nor the Department of Labor’s Wage and Hour division (which enforces child labor laws) can do anything about it.

The Center Daily Times reports that Andrew Beiler, 47, and his two sons — a 19-year-old and a 14-year-old whose names were not released — died of asphyxiation from “silo gas.” Apparently, “One of Beiler’s sons was working in the silo when his father checked on him, Michael said, citing first responder reports. The eldest Beiler jumped in to help, but was overcome by the gas. His second son followed, but was also overcome.”

Rescuers dying when trying to rescue the original victims is not uncommon in confined space or trenching incidents. Before OSHA’s confined space standard was issued in 1993, more rescuers died in confined spaces than initial victims.

Grain silos are well known death traps that kill dozens of workers, often children, every year. When grain gets stuck, workers often go in at the top of a silo to loosen the grain or “walk it down.” But when the grain starts flowing, it can suck the worker down like quick sand causing suffocation. Often multiple workers die when others go into the grain in an attempt to rescue the first victim. Although there has been no investigation yet, these deaths are currently being blamed on “silo gas” (usually carbon dioxide or nitrogen dioxide) which forms when grain decomposes and can result in a person collapsing and dying within minutes, either due to oxygen displacement or toxicity.

OSHA’s grain handling standard requires employers to protect workers by training them, stop the conveyor system that moves grain at the bottom of the silo, use safety harnesses and provide a trained observer to respond to trouble. The standard also requires the air to be tested before entry and that the silo be ventilated.

By Max Ajl, Luana Carvalho, Pedro Horta and Lanka Horstik - Global Climate Jobs, September 19, 2022

By staff - La Via Campesina, September 17, 2021

By staff - La Via Campesina, September 12, 2022

The new edition of the Nyéléni newsletter is online! 

At a time when the media is sounding the alarm on high prices and shortages due to the war in Europe, even if there is not always an exact correlation, we are once again questioning the information that places large corporations as the suppliers of most of our food. Anchored to this fabricated image, the industrial agri-food system pushes a new assault on agriculture with the digitalisation of its processes, promotes “carbon sequestration” based on so-called “nature-based solutions”, continues its drive to control and regulate supply chains to benefit its interests, and even seeks to supplant the attempts of peasants in many parts of the world by sponsoring an “agroecology” that is now promoted by the same corporations and investment funds that for centuries have stripped peasants of the possibilities of an independent agriculture.

We are therefore committed to defending our Food Sovereignty: the possibility of being able to reproduce our seeds on our terms and in our spaces, i.e., in full freedom, and to maintain our total independence in producing our own food. For this, it will remain crucial to challenge land grabbing and to insist on autonomy and on the defence of peasant and Indigenous territories and even urban spaces of popular self-management within neighbourhoods.

IPC for Food Sovereignty, FoEI and GRAIN

Click here to download the English edition or read it directly in the website at www.nyeleni.org For any further information, contact info@nyeleni.org

Circulate it!

By staff - La Via Campesina, September 6, 2022

After more than two years, the COVID-19 pandemic is still a reality in our daily lives. More people today still bear the brunt of the pandemic with health restrictions, limited access to markets, worsening hunger and poverty, inequality, and also repression to people’s fundamental rights. During this period, hundreds of millions of people have contracted COVID-19, and over six million people succumbed to death. For peasants and other people living in rural areas, the pandemic has shown the importance of local, peasants’ food systems that are feeding the people and preventing widespread hunger. It is time to transform. The rights of people, dignity, and solidarity, not profits, should be the foundation of the new society post-pandemic.

In similar notes, Michael Fakhri, the UN special rapporteur on the right to food, examines the emerging issues concerning the COVID-19 pandemic and the right to food. The report, entitled “The right to food and the coronavirus disease pandemic” (document A/77/177, available in English, Spanish, French, Arabic, Chinese, and Russian).

In this report, Fakhri summarizes the current situation of pandemic and framing the problem during pandemic times: especially the lack of concerted actions by governments all over the globe and the exacerbated situations done by corporations in putting profits first before humanity. The Special Rapporteur goes further showing the fragility of our general food systems in these pandemic times, highlighting that “[The pandemic] has underlined the value of sharing and solidarity, and the importance of the application of traditional, local knowledge in times of extreme hardship. Communities persevered when they were not exclusively dependent on food value chain operations for their food security. Resilient solutions included localized markets, public food reserves and associated public food distribution systems, mutual assistance and the sharing of food, as well as jut transition to agroecology [as a means for adapting to climate change].”

The report benefited from a series of regional consultations with civil society and inputs from Member States of the United Nations. Therefore it is worth to mention that just transition for workers was raised as one of the solutions for immediate response to the pandemic and the current food crisis, along with upholding land rights and genuine agrarian reform, curtailing corporate power, developing action plans on the right to food based on the principles of solidarity, self-sufficiency, and dignity, addressing debt crisis and financial needs, and ensuring that international trade law and policy create fair and stable markets.

The important report also makes good references to the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), provisions from International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF), also the Food and Agricultural Organization (FAO).

By Olivia N. Guarna - Vermont Law & Graduate School Center for Agriculture & Food Systems and Farmworker Justice , September 2022

THE USE OF PESTICIDES IS UBIQUITOUS IN OUR FOOD SYSTEM. In the United States, approximately 1 billion pounds of pesticides are applied annually across sectors. Nearly 90 percent of conventional pesticides are applied in the agricultural sector. As a result, farmworkers are routinely exposed at unusually high rates to chemicals that pose substantial risk to human health and safety. These risks are exacerbated by insufficient worker training and frequent improper handling and application.

Vermont Law and Graduate School’s Center for Agriculture and Food Systems released a report in 2021 entitled Essentially Unprotected, which contains a detailed overview of the landscape of pesticide laws at the federal and state level. As demonstrated in the report, there are still key gaps in existing law to sufficiently protect farmworkers. Given these significant gaps, it is particularly alarming that compliance with current protections appears woefully low. The failure to adequately enforce pesticide laws leaves farmworkers unprotected and at continued risk of injury and illness.

The system of pesticide law enforcement is complex and varies widely between states. This report seeks to explain some of the nuance reflected in the regulatory structure of enforcement while highlighting recommendations for consistency and improved health and safety outcomes. However, it is essential to note that poor compliance and enforcement are symptomatic of other issues, many of which plague farmworkers beyond pesticide exposure. For example, enforcement is considerably affected by workers underreporting exposure incidents and suspected violations due to fear of retaliation by their employers.

Many farmworkers are undocumented or on an H-2A guestworker visa and thus face fears of deportation or blacklisting if they speak out against employer abuse. Additionally, farmworkers often do not have access or resources to seek out medical attention after exposure. If they do, doctors may not be aware that their symptoms indicate pesticide poisoning or may not know how and to whom to report the incident. Even when doctors can draw the connection, not all states require that doctors notify health authorities or the state agency responsible for enforcement.e, enforcement is considerably affected by workers underreporting exposure incidents and suspected violations due to fear of retaliation by their employers.

Download a copy of this publication here (PDF).