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Blasting US 'Recklessness,' Mexico Pauses Embassy Relations Over Judicial Reform Meddling
"They have to learn to respect Mexico's sovereignty," Mexican President Andrés Manuel López Obrador said of the U.S. and Canada after their ambassadors weighed in on his controversial proposal.
Aug 27, 2024
Outgoing Mexican President Andrés Manuel López Obrador put the embassies of the United States and Canada on time out Tuesday after their top diplomats and other influential figures weighed in against controversial proposed reforms to Mexico's judicial system.
"The relationship with Ken Salazar is good, but it's on pause. We're going to give ourselves our time," López Obrador—who is widely known as AMLO— said during his morning press conference, referring to the U.S. ambassador. The president said the "pause" also applies to Canada, whose ambassador, Graeme Clark, voiced alarm over the proposed reforms.
"They have to learn to respect Mexico's sovereignty, because we are not going to give them advice there, nor to say that it is okay and what is wrong," he added. "We want them to be respectful, there is a reciprocal relationship in terms of sovereignty."
López Obrador's move came after Salazar asserted last week that "popular direct election of judges is a major risk to the functioning of Mexico's democracy."
"We understand the importance of Mexico's fight against judicial corruption. But direct political election of judges, in my view, would not address judicial corruption nor would it strengthen the judicial branch of government," the ambassador continued. "It would also weaken the efforts to make North American economic integration a reality and would create turbulence as the debate over direct election will continue over the next several years."
"I believe faith and trust in the rule of law are one of the many shared values which unite our nations, while for the private sector, they lay the groundwork for building confidence and inspiring investment in a stable and predictable environment," Salazar added.
Clark subsequently said that Canadian "investors are concerned; they want stability, they want a judicial system that works if there are problems."
López Obrador accused the ambassadors of "recklessness" during his Tuesday press conference, adding that "there are things that only concern our country."
It's not just the ambassadors. On Tuesday, U.S. Senate Foreign Relations Committee Chair Ben Cardin (D-Md.), Ranking Member James Risch (R-Idaho), and Sens. Tim Kaine (D-Va.) and Marco Rubio (R-Fla.) said in a joint statement that they "are deeply concerned that the proposed judicial reforms in Mexico would undermine the independence and transparency of the country's judiciary, jeopardizing critical economic and security interests shared by our two nations."
"We are also alarmed that several other constitutional reforms currently under discussion may contradict commitments made in the U.S.-Mexico-Canada Trade Agreement, which is scheduled for review in 2026," the senators added.
The Global Enterprise Council, the Mexico City-based lobbyist for 63 multinational corporations operating in Mexico—including Walmart, American Express, AT&T, General Motors, Microsoft, and ExxonMobil—is also opposing the proposed judicial reforms, as are other organizations including the New York City Bar Association and the Washington Posteditorial board.
López Obrador's "Plan C" proposes a sweeping overhaul of Mexico's corruption-ridden judiciary. The plan's most controversial reform would make judges at all levels of the judiciary—who are currently appointed—elected officials. All current sitting judges would be up for election in 2025 and 2027.
The president argues these reforms are necessary to combat corruption and impunity in Mexico's judicial system. He has
accused Mexican Supreme Court justices of being "supporters of the oligarchy, not of democracy" and says they oppose Plan C because "they do not want a government of the people."
Plan C—which came after an earlier proposal was blocked by the Supreme Court—has sparked nationwide protests by opponents, who say López Obrador is trying to weaken the judiciary and the National Electoral Institute and entrench his ruling Morena party as former Mexico City Mayor Claudia Sheinbaum, a close ally of the president, prepares to replace him on October 1 after winning June's election in a landslide.
Tensions between Mexico and the United States have been mounting for months over Mexican perceptions of U.S. meddling, including dubiously timed corporate media
reports of alleged links between López Obrador and drug cartels.
Last week, López Obrador said that Salazar's statement "expressing a position on this strictly domestic matter of the Mexican state represents unacceptable interference, contravenes the sovereignty of the United Mexican States, and does not reflect the degree of mutual respect that characterizes the relations between our governments."
"This is an overtly interventionist attitude; I hope it does not happen again," he added.
In separate remarks last week, López Obrador also accused the U.S. of funding organizations working to undermine the Mexican government under the guise of human rights.
For example, the U.S. Agency for International Development—whose decadeslong history of meddling in Latin America runs the gamut from
kidnapping and torturing unhoused Uruguayans to death for instructional purposes to an attempt at toppling Cuba's revolutionary government by infiltrating the island's hip-hop scene—has financially supported Mexicans Against Corruption and Impunity, a frequent critic of the López Obrador administration.
During his Tuesday press conference, López Obrador reminded Mexicans of centuries of U.S. aggression and meddling in Mexico's internal affairs.
"For many years… the United States has applied an interventionist policy throughout America, ever since it established the Monroe Doctrine," he said.
López Obrador recounted how Mexico lost half its territory as a result of the 1846-48 U.S. invasion—carried out on false pretexts decried by a young congressman from Illinois named Abraham Lincoln—and endured seven months of U.S. occupation of Veracruz in 1914.
The president stressed that having trade agreements with the U.S. does not mean that Washington has the right to meddle in Mexican affairs.
"The treaty is not for us to cede our sovereignty, the treaty is about trade, about forging good economic and commercial ties that suit both nations," he said Tuesday. "But that doesn't mean Mexico must become an appendix, a colony, or a protectorate."
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Early US Fumbles in Tortilla War With Mexico Over GMO Corn
The U.S. government ignores the trade numbers and misconstrues Mexican policy when it comes to glyphosate and American corn destined for human consumption across the border.
Jun 27, 2024
An international battle over tortillas is taking place this week. For an ingredient in tacos, the United States gins up a trade dispute with Mexico. Last year, in a Decree Mexico outlawed genetically modified (GMO) corn for human consumption. The U.S.argues that this violates trade obligations. Worried about its GMO corn exports, it formed a trade panel under the United States Mexico Canada Agreement (USMCA). Hearings started Wednesday.
The controversy is overstuffed and a sloppy mess. So far, American and Mexican legal filings contain 586 pages, 758 exhibits, and nearly 2,000 footnotes. Arguments span over 20 separate USMCA provisions and multiple annexes. Extra submissions come from Canada and non-governmental organizations. It’s hard to follow, whether you’re a trade expert, scientist, or just care about food safety.
The U.S. position has two weaknesses: economic errors and misrepresentations about the Decree. These are basic mistakes, from a Trade 101 class, regarding injuries and policy. The fumbles stand out from the legalese and scientific jargon in the filings. And let's be clear: he U.S. should drop the case.
A good place to start making sense of the fight is the actual Decree. Article 6 outlaws GMO corn for human consumption, precisely defined as corn for tortillas or masa (dough). It stops approvals for GMO corn for these two items. That is it. The Decree is explicit in not touching GMOs in animal feed or industrial use—the kind U.S. corn farmers mostly export.
Decree motivations include protecting human health, biodiversity, and food security. The prohibition responds to risks from glyphosate, an herbicide needed to grow GMO corn. It has been found to be a likely cause of cancer by international health agencies and U.S. courts. Next, Mexico is corn’s center of origin and diversity, a scientific designation indicating extreme genetic vulnerability. In 2021, Mexico’s Supreme Court found that GMOs threaten to permanently damage this biodiversity. More immediate, corn provides half of the daily protein intake for Mexicans.
With Article 6, Mexico reduces these threats by outlawing GMOs in the tortillas and masa, eaten by millions every day. For thesescientifically establishedrisks, Mexico tailored the Decree to only impact two food staples.
The U.S. ignores this. Recent economic figures explain. Mexican corn imports from the U.S. have increased since the Decree. Last week, the U.S. Department of Agriculture reported a “record-high” for corn exports to Mexico for 2023 and 2024 and forecasts similar trends next year. This confirms earlier reports citing increases by 20 percent.
Put simply, the Decree has no real impact on trade in corn. Why? Because American farmers overwhelmingly export corn for animal feed and not for human consumption. Mexicohas explained this since enacting the Decree. Let’s be clear, the U.S. fights as exports increase. It makes no sense.
Furthermore, the U.S. mispresents the Decree. The U.S. says Mexico imposes a “Tortilla Corn Ban.” Wrong. It suspends approvals for human consumption. GMO corn can still be imported but cannot be destined for tortillas. Mexico describes this as an “End Use Limitation,” since it regulates how corn is used. This applies to GMO corn from anywhere including from Mexican farms.
Next, the U.S. exaggerates what the Decree does. It quibbles about non-issues. What it coins “Substitution Instructions” to force replacing GMO corn in animal feed. The complaint is that instructions are unclear.
Problem: the Decree does not mandate substitution. It does describe future actions and the prerequisites needed to replace GMO feed. Article 7 expressly says Mexico’s commission on sanitary risk will continue approving GMO corn in animal feed, so long as it is not for tortillas. It clarifies that federal agencies will conduct any possible substitution. By implication state governments in Mexico have no role.
Article 8 confirms this, explaining what is necessary before any replacement. It designates the parameters to eventually substitute GMO corn for animals. Pre-conditions include determining national food security and any impacts on human health. In two filings, Mexico explains that the prerequisites have not occurred. As such, it has not set any date for substitution, much less any guidance.
Nowhere does the Decree demand alternatives for GMOs. American complaints miss the mark. There is no there there. The Decree does not touch corn for livestock.
The dispute just started warming up the comal (skillet used to heat tortillas). A final panel report comes in November. Until then, expect a mess with more scientific and legal arguments piled on. In the simplest terms, the U.S. ignores commercial reality and misrepresents the Decree. Basic blunders compounding obstacles in the USMCA’s food safety rules.
All this should inspire resolution versus repeating trade defeats. American farmers and Mexican eaters deserve better. Ending the dispute secures a corn buyer in a neighbor. It promotes public health in Mexico. The current course only produces uncertainty.
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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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