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genetically modified corn
What a Ruling Against Mexico’s GMO Corn Ban Could Mean for the Future of the USMCA
The pro-U.S. ruling raises questions about the fairness of tri-national trade agreement itself, which has now legitimized the use of the agreement’s dispute process to challenge a domestic policy that barely affected trade.
Dec 29, 2024
A tribunal of trade arbitrators has ruled in favor of the United States in its complaint that Mexico’s restrictions on genetically modified corn violate the terms of the U.S.-Mexico-Canada trade agreement, or USMCA. The long-awaited ruling in the 16-month trade dispute is unlikely to settle the questions raised by Mexico about the safety of consuming GM corn and its associated herbicide.
Indeed, the pro-U.S. ruling raises questions about the fairness of the USMCA itself, which has now legitimized the use of the agreement’s dispute process to challenge a domestic policy that barely affected trade. U.S. President-elect Donald Trump is now openly threatening Mexico with 25% tariffs on all Mexican exports, a blatant violation of the USMCA that Trump himself renegotiated and signed in 2018. Yet the treaty appears impotent to challenge such unilateral U.S. trade measures just as its tribunal slaps Mexico’s hand for its public health policies.
According to the U.S. government, the final report from the tribunal, announced December 20, ruled that “Mexico’s measures are not based on science and undermine the market access that Mexico agreed to provide in the USMCA.” In fact, the trade panel’s ruling was more limited, demanding that Mexico comply with the trade agreement’s procedures for carrying out risk assessments based on “relevant international scientific principles.”
Countries considering entering into trade agreements with the United States may now be more reluctant to do so if their domestic policies can be challenged in a trade court.
The Mexican government defended its position but vowed to comply with the ruling. “The Government of Mexico does not share the panel’s determination, as it considers that the measures in question are in line with the principles of protection of public health and the rights of Indigenous peoples, established in national legislation and in the international treaties to which it is a party,” read a statement following the ruling.
The ruling will not settle the debate over the health and environmental risks of GM corn and its associated herbicides, In the course of the dispute, Mexico produced extensive peer-reviewed scientific evidence that showed ample cause for precaution given the risks associated with both GM corn and its associated herbicide glyphosate. Recent studies have shown negative health impacts to the gastrointestinal tract and potential damage to the liver, kidneys, and other organs.
“[We] did an exhaustive review of the scientific literature,” explained María Elena Àlvarez-Buylla, the molecular geneticist who led Mexico’s national science agency, CONAHCYT, until October. “We concluded that the evidence was more than sufficient to restrict, out of precaution, the use of GM corn and its associated agro-chemical, glyphosate, in the country’s food supply chains.”
That evidence was presented in great detail to the tribunal in Mexico’s formal filings during the process, and it has now been published as a “Science Dossier.” It represents one of the most comprehensive reviews of the scientific evidence of the risks of GM corn and glyphosate to public health and the environment.
For its part, the U.S. government declined to present evidence that its GM corn with glyphosate residues is safe to eat in Mexico, where corn is consumed at more than 10 times the levels as in the United States and in minimally processed forms such as tortillas, not in processed foods.
“The research on the part of the U.S. was quite poor,” says Dr. Álvarez-Buylla, noting that U.S. research was outdated, ignored many recent studies, and depended on science that is “full of conflicts of interest.”
The U.S. government also failed to produce any evidence that Mexico’s February 2023 presidential decree had any meaningful impacts on U.S. exporters. U.S. corn exports have increased since the decree was enacted, not shrunk. The measures restricted only GM white corn use in tortillas, less than 1% of the U.S. corn exported to Mexico.
Early on in the dispute, Mexican Economy Minister Raquel Buenrostro stated that the U.S. needed to show “quantitatively, with numbers, something that has not occurred: that the corn decree has commercially affected” U.S. exporters. The U.S. has yet to produce any such evidence.
Meanwhile, president-elect Trump’s threatened tariffs are blatantly illegal under the USMCA and promise to inflict massive economic harm on Mexican exporters, and on U.S.-based firms that produce in Mexico.
The pro-U.S., pro-agrochemical industry ruling will ripple far beyond this dispute. Mexico’s documentation of the evidence of risk from GM corn and glyphosate should prompt consumers and governments the world over to take a closer look at these controversial products, and at the lax U.S. regulatory processes exposed by Mexico.
Countries considering entering into trade agreements with the United States may now be more reluctant to do so if their domestic policies can be challenged in a trade court. Kenya has been negotiating a trade agreement with the United States. Kenyans are already concerned the agreement will open Kenya to GM animal feeds, says Anne Maina of the Kenya Biodiversity and Biosafety Association. If the agreement can be used to challenge domestic policies, she says, it will be even less palatable.
It remains to be seen how the Mexican government will comply with the ruling. It has 45 days to respond. Already, President Claudia Sheinbaum has reiterated her support for a constitutional amendment to enshrine a ban on GM corn cultivation and consumption in tortillas. A “Right to Food” law passed last year mandates labeling of foods containing GMOs. No tortilla seller wants such a label on its products, because Mexican consumers are clear that they do not want GM corn in their tortillas.
The tribunal’s ruling will not undo the fact that Mexico’s precautionary policies are indeed justified by a wealth of scientific evidence. By allowing the trade agreement to undermine a domestic policy that barely affects trade, it will further tarnish the legitimacy of an agreement already seen as favoring multinational corporations over public health and the environment.
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Experts Warn of Toxins in GM Corn Amid US-Mexico Trade Dispute
"The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose."
Mar 26, 2024
Friends of the Earth U.S. on Monday released a brief backing Mexico's ban on genetically modified corn for human consumption, which the green group recently submitted to a dispute settlement panel charged with considering the U.S. government's challenge to the policy.
Mexican President Andrés Manuel López Obrador announced plans to phase out the herbicide glyphosate as well as genetically modified (GM) or genetically engineered (GE) corn in 2020. Last year he issued an updated decree making clear the ban does not apply to corn imports for livestock feed and industrial use. Still, the Biden administration objected and, after fruitless formal negotiations, requested the panel under the United States-Mexico-Canada Agreement (USMCA).
"The U.S. government has not presented an 'appropriate' risk assessment to the tribunal as called for in the USMCA dispute because such an assessment has never been done in the U.S. or anywhere in the world," said agricultural economist Charles Benbrook, who wrote the brief with Kendra Klein, director of science at Friends of the Earth U.S.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market."
The group's 13-page brief lays out health concerns related to GM corn and glyphosate, and the shortcomings of U.S. analyses and policies. It also stresses the stakes of the panel's decision, highlighting that "corn is the caloric backbone of the Mexican food supply, accounting, on average, for 50% of the calories and protein in the Mexican diet."
Blasting the Biden administration's case statement to the panel as "seriously deficient," Klein said Monday that "it lacks basic information about the toxins expressed in contemporary GMO corn varieties and their levels. The U.S. submission also ignores dozens of studies linking the insecticidal toxins and glyphosate residues found in GMO corn to adverse impacts on public health."
The brief explains that "since the commercial introduction of GE corn in 1996 and event-specific approvals in the 1990s and 2000s, dramatic changes have occurred in corn production systems. There has been an approximate fourfold increase in the number of toxins and pesticides applied on the average hectare of contemporary GE industrial corn compared to the early 1990s. Unfortunately, this upward trend is bound to continue, and may accelerate."
The U.S. statement's assurances about risks from Bacillus thuringiensis or vegetative insecticidal protein (Bt/VIP) residues "are not based on data and science," the brief warns.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market," the document says. "The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose on Mexico."
"The absence of any systematic monitoring of human exposure levels to Bt/VIP toxins and herbicides from consumption of corn-based foods is regrettable," the brief adds. "It is also unfortunate that the U.S. government rejected the Mexican proposal to jointly design and carry out a modern battery of studies able to overcome gaps in knowledge regarding GE corn impacts."
"The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
Friends of the Earth isn't the only U.S.-based group formally supporting the Mexican government in the USMCA process. The Center for Food Safety sent a 10-page submission by science director Bill Freese, an expert on biotech regulation, to the panel on March 15. His analysis addresses U.S. regulation of genetically modified organisms (GMO) along with the risks of GM corn and glyphosate.
"GMO regulation in the U.S. was crafted by Monsanto, now owned by Bayer, and is a critical part of our government's promotion of the biotechnology industry," Freese said last week, referring to the company known for the glyphosate-based weedkiller Roundup. "The aim is to quell concerns and promote acceptance of GMOs, domestically and abroad, rather than critically evaluate potential toxicity or allergenicity."
His submission notes that the U.S. Food and Drug Administration "does not require a GE plant developer to do anything prior to marketing its GE crop or food derived from it. Instead, FDA operates what it calls a voluntary consultation program that is designed to enhance consumer confidence and speed GE crops to market."
"When governmental review is optional; and even when it's conducted, starts and ends with the regulated company's safety assurance—what's the point?" Freese asked. "Clearly, it's the PR value of a governmental rubber stamp."
"The Mexican government's prohibition of GM corn for tortillas and other masa corn products is fully justified," he asserted. "The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
In a Common Dreams opinion piece last week, Ernesto Hernández-López, a law professor at Chapman University in California, pointed out that Mexico's recent submission to the panel also "offers scientific proof and lots of it," including "over 150 scientific studies, referred to in peer-review journals, systemic research reviews, and more."
"Mexico incorporates perspectives from toxicology, pediatrics, plant biology, hematology, epidemiology, public health, and data mining, to name a few," he wrote. "This clearly and loudly responds to American persistence. The practical result: American leaders cannot claim there is no science supporting the decree. They may disagree with or dislike the findings, but there is proof."
The Biden administration's effort to quash the Mexican policy notably comes despite the lack of impact on trade. While implementing its ban last year, "Mexico also made its largest corn purchase from the U.S., 15.3 million metric tons," National Geographicreported last month.
Kenneth Smith Ramos, former Mexican chief negotiator for the USMCA, told the outlet that "right now, it may not have a big economic impact because what Mexico is using to produce flour, cornmeal, and tortillas is a very small percentage of their overall imports; but that does not mean the U.S. is not concerned with this being the tip of the iceberg."
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Trinational Solidarity Can Protect Mexican Food Sovereignty From GM Corn
U.S. and Canadian civil society groups are supporting the successful efforts of the “Sin Maíz No Hay País” (“Without Corn There’s No Country”) campaign to protect cultural heritage and biodiversity.
Dec 17, 2023
This coming January 1 marks the 30th anniversary of the trade pact originally known as the North American Free Trade Agreement, or NAFTA, now called the U.S.-Mexico-Canada Agreement, or USMCA. It also marks the 30th anniversary of the historic Zapatista uprising in southern Mexico that denounced the pact over concerns about threats to Indigenous people and food security.
Three decades later, it’s clear the Zapatistas were right.
For Mexico, NAFTA meant abandoning food sovereignty in favor of imports of basic grains, causing an increase in inequality and migration. It meant abandoning the countryside and opening borders to trade, creating a vacuum that organized crime has filled.
Trinational civil society organizations warned 30 years ago that the free trade model could destroy age-old farming traditions. Today they are demanding that Mexico stand up to the pressure of the agribusiness oligopolies and stop what could be the final blow to Mexican food culture.
But, for a handful of transnational agribusiness corporations—such as Bimbo, Maseca, Monsanto, and Cargill—NAFTA has delivered huge profits.
La Jornada reports that, today, food shortages and dependence continue to worsen while imports of basic grains in Mexico are growing to unprecedented levels—accounting for more than half of consumption.
In 2020, the three North American governments renegotiated some aspects of NAFTA. But as La Jornada op-ed coordinator and columnist Luis Hernandez Navarro explained then, “in the agricultural area, the United States-Mexico-Canada Agreement is more of the same, but worse. It is a central instrument for oligopolies to strip control of farmers’ seeds from those who have developed and cared for them for thousands of years. It’s a key piece of the neoliberal order in the region.”
Thus, under the USMCA, Mexico now has to defend itself tooth and nail against plans of the United States, supported by Canada, to flood the country with genetically modified corn.
Last August, the United States filed a claim under the treaty’s dispute settlement framework over a February 13, 2023, Mexican government decree that prohibits the use of biotech corn in tortillas and dough and phases out its use in all products for human and animal consumption.
The U.S. government charges that Mexico’s anti-GM corn policy lacks sufficient scientific basis and undermines the market access that the country agreed to in the trade treaty.
This attack on Mexican sovereignty has reactivated the trinational solidarity of Mexican, American, and Canadian organizations—a transcontinental bond strengthened in the decades since NAFTA was negotiated behind the people’s backs.
U.S. and Canadian civil society groups are supporting the successful efforts of the “Sin Maíz No Hay País” (“Without Corn There’s No Country”) campaign to protect cultural heritage and biodiversity by preventing the planting of GM corn and the use of the herbicide glyphosate over potential risks to human health, the environment, and the country’s biocultural diversity. In one form of solidarity, they’ve submitted a series of statements to the trade dispute process.
As Karen Hansen-Kuhn of the U.S.-based Institute for Agriculture and Trade Policy puts it, “whether or not the dispute panel accepts these statements, the range of topics covered will enrich the public debate on how trade rules could limit or enable sustainable solutions that promote public health, human rights, and economic opportunities.”
The organizations’ statements emphasize the insufficient research on the safety of GM corn for human consumption and the risks of glyphosate. They also emphasize the contradiction between the U.S. claim against Mexico and other key provisions of the treaty, which the United States should not be treating as mere decorations.
For example, Article 32.5 of the USMCA states that the treaty does not prevent a party from adopting or maintaining a measure that it deems necessary to comply with its legal obligations to Indigenous peoples, as well as protections for biological diversity in the chapter on the environment.
The statements emphasize the cultural and environmental risks of GM corn’s proliferation in Mexico, considering the diversity of over 59 native corn varieties that Indigenous peoples have constantly labored to diversify and adapt. They explain that the Mexican policy does not discriminate against U.S. producers, and in fact, these producers are profiting from increased exports of non-GM corn to Mexico.
A support statement led by Rick Arnold of the Council of Canadians—a network of tens of thousands of members from coast to coast and supported by Common Frontiers, a broad network of Canadian organizations—critiques the cozy relationship between their own government and large agribusinesses.
“As Canada joins the U.S. in challenging Mexico to stop its planned phaseout of genetically modified corn for human consumption,” they write, “a too-close collaboration between federal government departments and the biotechnology industry has been exposed […] CropLife Canada was instrumental in Canada’s new decision to remove regulation from many coming gene-edited GMOs.”
Canadian organizations demand that their government support Mexico in its efforts to gradually eliminate the importation of GM corn, and are calling upon the USMCA dispute panel to rule in favor of protecting health, small farmers, and environmental well-being, as Mexico has done for several millennia.
Trinational civil society organizations warned 30 years ago that the free trade model could destroy age-old farming traditions. Today they are demanding that Mexico stand up to the pressure of the agribusiness oligopolies and stop what could be the final blow to Mexican food culture. Long live international solidarity.
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