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"Trade agreements should not allow multinational pesticide and biotech companies to imperil the health of people and the environment," one campaigner said.
A trade dispute panel under the U.S.-Mexico-Canada Agreement ruled on Friday that Mexico violated the trade accord with its ban on genetically modified corn for human consumption.
The decision was a win for the agribusiness industry and the Biden administration, which called for the panel in August of last year after negotiations with the Mexican government failed. However, civil society groups condemned the ruling, saying it overlooked threats to the environment, public health, and Indigenous rights while overstating potential harm to U.S. corn exporters.
"The panel ignores the mountains of peer-reviewed evidence Mexico presented on the risks to public health and the environment of genetically modified (GM) corn and glyphosate residues for people in Mexico who consume more than 10 times the corn as we do in the U.S. and do so not in processed foods but in minimally processed forms such as tortillas," Timothy A. Wise, an investigative journalist with U.S. Right to Know, told Common Dreams. "Mexico's precautionary policies are indeed well-grounded in science, and the U.S. and the U.S.-Mexico-Canada Agreement (USMCA) have no business using a trade agreement to undermine a domestic policy that barely affects trade between the two countries."
"This ruling will make winners out of agrochemical corporations and losers out of everyone else."
Then-Mexican President Andrés Manuel López Obrador (AMLO) first announced a ban on GM corn and glyphosate in 2020, to go into effect by 2024. This was then amended in February 2023 to scratch the 2024 deadline for animal feed and industrial uses of corn, but immediate ban GM corn for tortillas and tortilla dough. While the deleted deadline was widely seen as a concession to pressure from the Biden administration, the U.S. still went ahead with challenging the rule under the USMCA.
In response to Friday's decision, U.S. Agriculture Secretary Tom Vilsack commended the panel for affirming that "Mexico's approach to biotechnology was not based on scientific principles or international standards."
"Mexico's measures ran counter to decades' worth of evidence demonstrating the safety of agricultural biotechnology, underpinned by science- and risk-based regulatory review systems," Vilsack continued. "This decision ensures that U.S. producers and exporters will continue to have full and fair access to the Mexican market, and is a victory for fair, open, and science- and rules-based trade, which serves as the foundation of the USMCA as it was agreed to by all parties."
Yet several U.S. environmental groups backed Mexico's case and said the science used by the U.S. to establish the safety of GM corn was out-of-date and insufficient. For example, the U.S. relies on studies from when GM or genetically engineered corn was first introduced to the market and does not account for how pesticides and herbicides are currently used on the corn.
"Trade agreements should not allow multinational pesticide and biotech companies to imperil the health of people and the environment," said Kendra Klein, PhD, deputy director of science at Friends of the Earth U.S. "The science is clear that GMO corn raises serious health concerns and that production of GMO corn depends on intensive use of the toxic weedkiller glyphosate."
Mily Treviño-Sauceda, the executive director of the Alianza Nacional de Campesinas, condemned Friday's decision.
"Mexico's policies to ban the use of GM corn and glyphosate were enacted to protect biodiversity, cultural heritage, and the rights of Indigenous people," Treviño-Sauceda said. "This decision will continue to adversely impact the quality and nutritional value of food reaching Mexican households. This is just another step in the direction of consolidating agricultural power to the U.S. agro-industrial complex that we will continue to challenge until we see real change for the benefit of the public and our health."
Other trade justice and agricultural advocates said the decision was a missed opportunity to transform trade and food systems beyond Mexico.
"The USMCA was hailed as a new kind of trade agreement, taking some steps forward on issues like labor rights and investment," said Karen Hansen-Kuhn, director of trade and international strategies at the Institute for Agriculture and Trade Policy. "This dispute shows how far we still need to go. Mexico has every right to try to transform its food system to better feed its people and enhance rural livelihoods and biodiversity. The U.S. was wrong to challenge that initiative, and the panel is wrong to back them up"
Farm Action President Angela Huffman added: "We are disappointed in the panel's ruling today, which shows the U.S. successfully wielded its power on behalf of the world's largest agrochemical corporations to force their industrial technology onto Mexico. Mexico's ban GM corn and glyphosate presented a tremendous premium market opportunity for non-GM corn producers in the U.S. Instead of helping U.S. farmers transition to non-GM corn production, our government has continued to force GM corn onto people who don't want it and propped up agrochemical corporations based in other countries—such as Germany's Bayer and China's Syngenta. This ruling will make winners out of agrochemical corporations and losers out of everyone else."
Business interests, on the other hand, reacted positively to the news.
"This is the clearest of signals that upholding free-trade agreements delivers the stability needed for innovation to flourish and to anchor our food security," Emily Rees, president of plant-science industry group CropLife International, said, as Reutersreported.
The president of the U.S. National Corn Growers Association, Kenneth Hartman Jr., also celebrated the news, saying, "This outcome is a direct result of the advocacy efforts of corn grower leaders from across the country," according toThe Associated Press.
The Mexican government said it disagreed with the decision, but would abide by the panel's ruling.
"The Mexican government does not agree with the panel's finding, given that it considers that the measures in question are aligned with the principles of protecting public health and the rights of Indigenous communities," the country's Economy Department said. "Nonetheless, the Mexican government will respect the ruling."
The decision comes as U.S. President-elect Donald Trump has threatened to set a 25% tariff on all imports to the U.S. from Mexico and Canada unless the two countries decrease the number of migrants and the amount of fentanyl that enters the U.S. via their borders. As this would likely violate the USCMA, it puts additional pressure on Mexico to abide by the agreement in order to reinforce norms against Trump's challenge.
Wise criticized the panel for ruling against Mexico when real threats to trade governance loom on the horizon.
"At a time when the U.S. president-elect is threatening to levy massive tariffs on Mexican products, a blatant violation of the North American trade agreement, it is outrageous that a trade tribunal ruled in favor of the U.S. complaint against Mexico's limited restrictions on genetically modified corn, which barely affect U.S. exporters," Wise said in a statement.
"Our government is working tirelessly to pad the multibillion-dollar profits of domestic agribusiness corporations by pushing GE corn," said one U.S. environmental group.
Environmental groups on Tuesday accused the Biden administration of putting the profits of big agribusiness over public health and critical pollinators by attempting to obstruct the Mexican government's ongoing push to ban genetically engineered corn.
"The U.S.'s shameful efforts to strong-arm Mexico into accepting GE corn it has rejected is nothing short of 21st-century imperialism,” Lori Ann Burd, environmental health director at the U.S.-based Center for Biological Diversity. "Our government is working tirelessly to pad the multibillion-dollar profits of domestic agribusiness corporations by pushing GE corn, even though our glyphosate-drenched GE cornfields are playing an outsized role in driving catastrophic declines in vital pollinator populations."
The group's statement came after Mexico issued a new decree earlier this week that scraps the country's original January 2024 deadline to halt imports of GMO corn for livestock feed and industrial use, a move widely seen as a concession to the U.S., which has been pressuring its southern neighbor to drop the ban since Mexican President Andrés Manuel López Obrador (AMLO) first announced it in 2020.
But Mexico—the largest destination for U.S. corn exports—reiterated its intention to prohibit GE corn for human consumption by 2024 in its latest decree. Mexico is also aiming to ban imports and use of glyphosate, a cancer-linked chemical that is often sprayed on genetically engineered corn.
The new decree instructs Mexican authorities to "revoke and refrain from granting permits for the release into the environment in Mexico of genetically modified corn seeds."
Mexican officials have repeatedly argued that GE corn and the associated use of glyphosate pose threats to human health and pollinators, as well as domestic production.
"We have to put the right to life, the right to health, the right to a healthy environment ahead of economic and business [interests]," Víctor Suárez Carrera, Mexico's undersecretary of food and competitiveness, toldReuters in 2021.
Viridiana Lázaro, food and agriculture campaigner at Greenpeace Mexico, said Tuesday that "the ban of GE corn is the first step to transform Mexico's agriculture system from one industrialized, based on pesticides, and dependent on transnational corporations to an agro-ecological system that offers solutions to soil fertility, local pest problems, allows crop diversification, and protects biodiversity and health of farmers and consumers."
"To carry out the gradual substitution of genetically modified corn for animal feed and industrial corn for human consumption, as is stated in the new decree, is a broad challenge and, in order to ensure that it does not remain only on paper, public policies aimed at the agroecological transition must be issued in order to achieve it," Lázaro continued. "Also, we must ensure that glyphosate and GE corn do not improperly end up in dough and tortillas, which studies have demonstrated has happened before."
"The United States has refused to respect Mexico's choice, instead working tirelessly to bully the country into accepting GE corn in order to protect the short-term profits of U.S. agribusiness giants."
The U.S. government claims that Mexico's plans, which have also drawn fierce opposition from industry lobbying groups, would run afoul of provisions in the United States-Mexico-Canada Agreement (USMCA) and harm American farmers. The Biden administration has threatened to take legal action under the USMCA if Mexico doesn't reverse course.
The USMCA entered into force in 2020 and replaced the North American Free Trade Agreement (NAFTA), under which U.S. corn flooded the Mexican market.
In a statement on Tuesday, U.S. Agriculture Secretary Tom Vilsack said he is "disappointed" that Mexico is still pushing ahead with its proposed ban on genetically modified corn. An estimated 90% of U.S. corn production is genetically modified.
"The U.S. believes in and adheres to a science-based, rules-based trading system and remains committed to preventing disruptions to bilateral agricultural trade and economic harm to U.S. and Mexican producers," Vilsack added. "We are carefully reviewing the details of the new decree and intend to work with [the United States Trade Representative] to ensure our science-based, rules-based commitment remains firm."
Tom Haag, president of the National Corn Growers Association, a lobbying group, declared that "singling out corn—our number one ag export to Mexico—and hastening an import ban on numerous food-grade uses makes USMCA a dead letter unless it's enforced."
This week's back-and-forth between the U.S. and Mexico marks a significant escalation in the yearslong trade dispute over the proposed ban on GE corn and glyphosate.
In February 2021, The Guardianreported that "internal government emails reveal Monsanto owner Bayer AG and industry lobbyist CropLife America have been working closely with U.S. officials to pressure Mexico into abandoning its intended ban on glyphosate, a pesticide linked to cancer that is the key ingredient in Monsanto's Roundup weedkillers."
The Center for Biological Diversity noted in a Tuesday press release that "the United States has, for months, exerted heavy pressure on Mexico to accept U.S.-produced corn that is genetically engineered to withstand what would normally be a deadly dose of pesticides."
"Corn's historical role in Mexican diets and culture—and current concerns about the impacts of glyphosate and genetic contamination of Mexico's many varieties of heirloom corn—prompted its leaders to ban GE corn for human consumption and phase out glyphosate," the group added. "The United States has refused to respect Mexico's choice, instead working tirelessly to bully the country into accepting GE corn in order to protect the short-term profits of U.S. agribusiness giants."