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"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."
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."
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.
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.
"U.S. agribusiness exporters, the biotech industry, and their allies in Congress are pushing this case, intent on compelling Mexico to accept U.S. exports without debate," said one expert.
After two-and-a-half months of failed negotiations, the U.S. government on Thursday intensified its effort to quash Mexico's limits on genetically modified corn imports by calling for the formation of a dispute settlement panel under a North American trade deal.
In a 2020 decree backed by agricultural, consumer, environmental, public health, and worker groups, Mexican President Andrés Manuel López Obrador (AMLO) announced plans to phase out genetically modified (GM) corn and the herbicide glyphosate by January 2024.
Under pressure from the U.S. government and impacted industries, he issued a new decree in February reiterating plans to block GM corn imports for human consumption by then but lifting the deadline for imports intended for livestock feed and industrial use.
"The Mexican government will show what has occurred: Its cherished tortillas are being contaminated with glyphosate and GM corn. And they intend to put a stop to that."
While AMLO's move was seen as a concession to the U.S. and lobbyists challenging his policies, the Biden administration in June still requested 75 days of formal negotiations. After talks ended Wednesday, U.S. Trade Representative (USTR) Katherine Tai confirmed the decision to form a panel under the United States-Mexico-Canada Agreement (USMCA).
"Through the USMCA dispute panel, we seek to resolve our concerns and help ensure consumers can continue to access safe and affordable food and agricultural products," Tai said Thursday. "It is critical that Mexico eliminate its USMCA-inconsistent biotechnology measures so that American farmers can continue to access the Mexican market and use innovative tools to respond to climate and food security challenges. Our bilateral relationship with Mexico, one of our oldest and strongest trading partners, is rooted in trust and honesty, and there are many areas where we will continue to cooperate and work together."
U.S. Agriculture Secretary Tom Vilsack similarly said that "Mexico's approach to biotechnology is not based on science" and "the United States is continuing to exercise its rights under the USMCA to ensure that U.S. producers and exporters have full and fair access to the Mexican market."
The Mexican Ministry of Economy responded in a statement that "Mexico does not agree with the position of the United States" and "is prepared to defend the Mexican position before this international panel and demonstrate: 1) that the national regulation is consistent with the commitments signed in the treaty; and 2) that the challenged measures do not have commercial effects."
The Institute for Agriculture and Trade Policy (IATP) has previously supported Mexico's efforts to phase out GM corn and glyphosate and on Thursday challenged claims by U.S. officials and agribusiness about Mexican obligations under the treaty and the potential economic impact of the policies.
"U.S. agribusiness exporters, the biotech industry, and their allies in Congress are pushing this case, intent on compelling Mexico to accept U.S. exports without debate. It is an assault on Mexico's food sovereignty," said Karen Hansen-Kuhn, IATP director of trade and international strategies. "Trade rules should provide a forum to protect and advance rights, rather than block them."
Hansen-Kuhn on Thursday authored an op-ed about Mexico's rights under the USMCA while ITAP senior adviser Timothy A. Wise wrote about "exaggerated claims of economic damage" that "sprang from a convenient set of assumptions, all of which are flawed and now outdated in light of the more recent presidential decree."
"As Mexican Economy Minister Raquel Buenrostro stated in response to the USTR request for technical consultations, Mexico's decree is based on science, and she will challenge the U.S. government in the consultations to show 'quantitatively, with numbers, something that has not occurred: that the corn decree has commercially affected U.S. exporters,'" Wise also said.
"The Mexican government will show what has occurred: Its cherished tortillas are being contaminated with glyphosate and GM corn," he continued. "And they intend to put a stop to that."
As Reutersdetailed Thursday:
Under USMCA's dispute settlement rules, a five-person panel, chosen from a roster of pre-approved experts, must be convened within 30 days, with a chair jointly chosen and the U.S. side choosing two Mexican panelists and Mexico choosing two American panelists. The panel will review testimony and written submissions and its initial report is due 150 days after the panel is convened.
Previous USMCA dispute panels last year ruled in the U.S.'s favor in a dispute over Canadian dairy quotas, and against the U.S. on automotive rules of origin, siding with Mexico and Canada.
There have been other disagreements between the U.S. and Mexico, most notably over energy in which the U.S. has argued that Mexico's nationalist policy prejudices foreign companies.
Arturo Sarukhán, a former Mexican ambassador to the United States, said on social media Thursday that "of the two consultation processes—energy and yellow corn—this is the one that is politically most relevant for the White House in 2024," given the significance of agricultural states such as Michigan, Minnesota, and Wisconsin to Democratic U.S. President Joe Biden, who is seeking reelection, and the GOP nominee, which could be former President Donald Trump, who signed the USMCA.