Challenging the ILA's Spraying of Crops Cultivated by Arab Bedouin in the Naqab

Petition and motion for injunction filed in 3/04 on behalf of four Arab Bedouin citizens of Israel, eight human rights organizations, and in Adalah's own name against the Israel Lands Administration (ILA), the Ministry of Industry and Trade and the Ministry of Agriculture, seeking to prevent the ILA from aerially spraying agricultural crops belonging to Arab Bedouin inhabitants of the unrecognized villages in the Naqab (Negev). Adalah argued that the spraying of crops endangers the life and health of human beings and animals, as well as their environment.

The petition details that the ILA has destroyed thousands of dunams of crops, on multiple occasions over the last two years, in three unrecognized Palestinian Arab villages in the Naqab – Al-Arakib, Abda and Wadi el-Bekor, emphasizing that the ILA issued no warnings, before or after the spraying. In response to numerous letters sent by Adalah and Physicians for Human Rights-Israel regarding Abda, for example, the ILA admitted to the aerial spraying of crops with a chemical called ROUNDUP, but claimed that the agent did not and could not possibly cause any damage. These allegations are contradicted in a letter sent to Adalah by a health clinic in Mitzpeh Ramon, which reported treating at least 17 individuals, including children, following their exposure to chemicals sprayed by the ILA in Abda in 5/03. The ILA also claimed in its correspondence with the human rights organizations that its actions are legal, as the crops were planted illegally by the Arab Bedouin on state-owned land, and it is therefore enforcing the state’s right to the land. Adalah countered that these lands are the ancestral lands of the Arab Bedouin in the Naqab, who have suffered and continue to suffer from both historical and contemporary injustices, and that state attempts to assert ownership claims on the land are vehemently disputed.

The petition emphasized that ROUNDUP is a very dangerous substance. The label affixed to the bottle of ROUNDUP contains many warnings to users, notably that all physical contact with the chemical must be avoided. It also states, “Do Not Apply This Product Using Aerial Spray Equipment,” and that, even if the chemical is sprayed from ground level, no one should be allowed to enter the area for seven days. The ROUNDUP label also notes that the “level of toxicity is 4 – Dangerous.” Two expert opinions from Dr. Elihu Richter, Head of the Unit of Occupational and Environmental Medicine and Center for Injury Prevention, Hebrew University and Dr. Ahmad Yazbek, senior researcher with the Regional Research and Development Center – The Galilee Society, describing a variety of human health and environmental problems associated with using ROUNDUP in aerial spraying were included in the petition.

The petitioners contended that the ILA’s spraying of the crops violates the rights to life, health, and dignity under both domestic and international law. The petitioners further argued that the ILA has no authority to destroy the crops, regardless of the legal status of the land in question. The Law for the Protection of Plants – 1956 governs the issue of crop spraying. The law's purpose is to protect health and the environment; it grants sole authority to the Agriculture Minister to further this purpose alone. Moreover, the ILA is also violating regulations made pursuant to this law which prohibit aerially spraying chemicals if nearby plants could be damaged. They also mandate that any spraying of poisonous chemicals must follow the instructions and warnings on the material. The petitioners also contended that the ILA’s spraying of the crops constitutes criminal offences under the Penal Law – 1977 regarding use of dangerous toxins and malicious damage. The Court issued a temporary injunction immediately after the filing of the petition, prohibiting the respondents from aerially spraying the crops in question.

Based on an expert opinion from the MOH's Chief Toxicologist, the AG's representative claimed in response to the petition that the ILA's crop spraying operations posed no health risks. The AG's representative also claimed that the crop spraying is legal, and a useful and efficient means of solving the problem of Arab Bedouin “trespassers” allegedly “creeping” onto state-owned lands.

During a hearing in 10/04, Adalah countered that the Chief Toxicologist had copied the main parts of his opinion verbatim from a public relations statement posted on the website of Monsanto, a company that produces ROUNDUP, and thus should be deemed inadmissible by the Court. One Justice of the Court further stated that the central issue is a land dispute and suggested that the Arab Bedouin farmers pay the ILA to lease the land, without relating to the issue of title or ownership. Adalah rejected the state's arguments and the Justice's suggestion, stressing that even if the respondents had a court decision determining title to the land, the petition still stands as the argument remains that ROUNDUP constitutes a danger to life and health: the state cannot ignore the major health risk to citizens associated with its aerial spraying operations. The Court issued an order nisi instructing the state to explain the crop spraying operations within two months, and extended the injunction.

The ILA responded to the petition in 2/05, admitting to aerially spaying crops in the unrecognized villages in the Naqab with chemical agents unauthorized by the Ministry of Agriculture. In the response, the ILA disclosed for the first time that during 2004, two additional chemical – Typhoon and Glyphogen – had been used. The ILA's response also emphasized the effectiveness and cost- efficiency of these operations in decreasing Arab Bedouin “encroachment” on “huge swathes of land belonging to the state,” and contained an admission by the ILA that the basis of the Chief Toxicologist's expert opinion was the scientific material on ROUNDUP and its chemical composition as posted on Monsanto's website. Adalah commented that the ILA's response confirmed its status as an organization hostile to the Arab Bedouin in the Naqab that does not contribute to the good of the Arab Bedouin or regional development. The Court extended the injunction in a hearing in 11/05.

Result: In 4/07, the Supreme Court issued a precedent-setting decision prohibiting the ILA from aerially spraying crops cultivated by Arab Bedouin in the unrecognized villages, and stated that spraying the toxic chemicals is insensitive, disrespectful and endangers their lives and health. In the decision, Justice Arbel also discussed the reality of life for Arab Bedouin living in the unrecognized villages: “It should be that the harsh reality faced by the Bedouin population in the State of Israel requires a systematic comprehensive solution … I am using this opportunity to call for a thorough examination of the subject [the unrecognized villages] and for the speedy promotion of a settlement …

H.C. 2887/04, Saleem Abu Medeghem, et. al. v. Israel Lands Administration, et. al. (petition accepted).