GEO Watch Update | Mexican civil society defeat of Monsanto et al

Moderator’s Note: We have
received this update from our colleagues in the anti-GMO movement in Mexico as
part of our continuing coverage of the social movement known as Sin Maíz, No Hay País (Without Corn, There
is No Country). The remarkable court victory against Monsanto, DuPont, Bayer
CropScience, and other so-called ‘Gene Giants’ in Mexico City federal court
last October by the civil society organizations in Mexico was unprecedented.



We
have never before seen a Mexican federal court hand down a ruling in which the nation’s
commitment as a signatory to the Convention on Biodiversity (CBD) and the
Cargtegena Biosafety Protocol trumped application
of the investor-state treaty known as the North American Free Trade Agreement (NAFTA),
with its purely symbolic and ultimately meaningless voluntary recommendations
under the absurd framework of the Commission for Environmental Cooperation
(CEC).



There is still work to do in Mexico and as our colleagues here note, “Multinational seed companies refused
to receive formal notification from the judge using the subterfuge of incorrect
addresses. This started a process of formal judicial investigation of their
addresses.” Corporate fear and arrogance is confirmed, once again. 

Mexico
stops GM maize

THROUGH A PEOPLE’S COLLECTIVE
DEMAND

Adelita Sanvicente Tello¹
y René Sanchez Galindo²

The news has spread
throughout the country and around the world. Joy has filled peoples’ hearts by the thousands.

From the cradle of
this revered plant we, the women and men of maize thoroughly reject the release
of GM maize into our greatest bio-cultural patrimony. We were able to stop it
and with this, we gave a blow to the plans of the multinational seed companies led
by Monsanto.

A battle to defend
maize has been fought for over ten years in Mexico. Native maize producers that
equate their origin, culture, life and survival to maize claim their legitimate
right to freely produce it. A wide range of citizens have learned the risk of
genetically modifying their main staple food and understand their commitment to
preserve normal maize for future generations. The greedy biotechnology industry
has plans to transform our maize into a strategic good that will produce
profits in the global agribusiness market.

Nevertheless, the
GMO industry has resorted to corrupt practices in order to make progress. The
administration of Felipe Calderon illegally authorized planting transgenic
maize at the experimental and pilot stages. The industry was allowed to conceal
its results. As of today, there are 79 pending applications that have been
suspended by judicial authority. The present administration is facing the
dilemma of whether to defend native maize biodiversity or to become Monsanto´s
operator.

The relevance of
the news calls for further analysis on its scope and the way forward to
defending maize.

1)  A change made to Article 17 of the
Mexican  Constitution in 2010 permits
collective action lawsuits.  It opens the
way to file suits representing collective human rights.

2)  A collective action lawsuit was
filed on July 5, 2013 by a group of 53 citizens including scientific experts,
prominent personalities and celebrities, plus organizations of peasants,
beekeepers, human rights environmentalists and consumers.

3) The lawsuit requests that a judicial
tribunal declare that the limits and restrictions established in the “Law of
Biosecurity of Genetically Modified Organisms Ley de Bioseguridad de Organismos
Geneticamente Modificados (LBOGM) are inefficient for there is scientific
evidence of transgenic contamination of native maize in the states of Oaxaca,
Sinaloa, Chihuahua, Veracruz and Guanajuato. The inefficiency of limits and
restrictions set by the LBOGM has favored the infringement of human rights,
i.e., to a healthy environment, to a preservation and a fair participation to a
sustainable use of the biological diversity of native maize,  that will guarantee access to future
generations to adequate, nutritious and sufficient food, to cultural rights and
to health.    

4)   A precautionary measure was
requested to the Federal Judge of Civil Matters (Juez Federal Décimo Segundo de
Distrito en Materia Civil) and granted within the lawsuit. The judge ordered
the Ministry of Agriculture (SAGARPA) and the Ministry of the Environment
(SEMARNAT) to immediately stop any activity leading to granting any permit to
release genetically modified maize to the environment and suspend any permit
for experimental, pilot or commercial plantings of genetically modified maize.

5)   Multinational seed companies refused
to receive formal notification from the judge using the subterfuge of incorrect
addresses. This started a process of formal judicial investigation of their
addresses. This response did not affect the ban since the judge´s order was
addressed to SAGARPA and to SEMARNAT. However, the move of the multinationals
set both ministries to litigate for them.

6)   On October 28, the Colectivas A.C.
was notified that the Federal Government had appealed against the precautionary
measure through SAGARPA and SEMARNAT. However, this appeal lacked judicial
foundation and could not be substantiated since the two secretariats presented
pseudo-legal arguments that corresponded to a different precautionary measure
than that dictated by the Court. This strategy by  federal authorities seemed akin to shying
away from debating the core issues involved in the release of transgenic
maize  under judicial procedures.  Both secretariats had declared to the press
that they would  seek scientific debate
to settle the issues.

7)  Experience shows us that judicial
actions require lots of social pressure to proceed. This is why we are inviting
all interested persons to be part of a great celebration of our maize this
November 30 in Mexico City´s main plaza (Zócalo de la Ciudad de México) at 12
noon.   We will celebrate, inform and
present alternative proposals for providing all Mexicans with sufficient and
healthy food.

8)  Millennial maize will make its way
through. Current laws barely recognize the importance of maize to our society.
Maize existed long before the enactment of such laws, and will prevail.

This is the time to
“make Milpa”, to get together and to overcome any of our differences and
diversity. We must defend our revered maize, our farmers, our food, our nation
and ourselves.

¹ Director General of Fundación Semillas de Vida, A.C. and general
representative of the Collective Action.

² Director General of Colectivas, A.C. and legal representative of the
Collective Action.