Monsanto in Mexico | Another Court Victory in Mexico
Provisional suspension
of the planting of transgenic maize in Yucatán
16 COURT APPEALS & SUPREME COURT HAVE MAINTAINED THE
SUSPENSION FOR TWO YEARS
Devon G. Peña | Viejo San Acacio, CO | November 4, 2015
In a press release dated November 3, the lead plaintiffs’
organization, Demanda Colectiva Maíz,
announced that opponents of genetically engineered corn in Mexico prevailed in
an important new federal appeals court ruling.
The federal judge, Benjamin Soto Sánchez, head of the second
Unitarian Court in Civil and Administrative Matters of the First Circuit, upheld
the provisional suspension that prohibits pertinent federal agencies from
processing and granting the privilege of sowing or releasing into the
environment of transgenic maize in the country. The federal suspension has been
in force since September 2013 despite 100 challenges by transnational
agribusiness interests and the federal government.
The attorneys for the defenders of maize had also argued that,
in the case of GMO soybean crops in Yucatán, the Court should consider “that
Mexico is a mega-diverse country.” The ‘center of origin’ argument is a
significant departure from the approaches taken in other countries.
According to the press release, the “decision by Magistrate Soto
Sánchez was issued today…within the appeals process that the community of
citizens initiated this past August 19 after the Federal Judge Francisco
Peñaloza Heras had refused tu uphold the definitive suspension and two days
later returned to temporarily suspend [GMO plantings] due to challenges by
citizens.”
Judge Soto’s resolution “means the confirmation of suspending
the planting of genetically modified corn stands until the court decides the
ultimately appeal”, explained René Sánchez Galindo, lawyer for the Colectiva.
Mr. Galindo explained how the argument of the federal court consisted of the
principle that Mexican law requires that the courts preserve the subject of
judgment during the appeal proceedings “since the damage would be irreversible
if transgenic crops are sown”.
The demand for collective action against the planting of
genetically modified corn was presented in July 2013 and together with judicial
suspension has endured a hundred appeals by the federal Government and
transnational corporations.
The press release further explains how the legal challenges
against the citizens’ coalition have involved 22 amparo judgments, which have been resolved by 17 different federal
courts and the first Chamber of the Supreme Court. In all these rulings, the
judges gave determined the legality and importance of maintaining the precautionary
principle and affirmed the need to avoid the planting of transgenic corn.
Lawyer Bernardo Bátiz, Advisor to the Colectiva, and a former attorney
general for the Federal District, addressed the next big ruling will come today
(November 4) by the Second Chamber of the Supreme Court, to resolve the matter
of the beekeepers of the Yucatán peninsula against the planting of genetically
modified soybeans. He urged that the court should consider “that we are a
country of great biological, cultural, agricultural diversity and therefore planting
GMO corn, soybeans, or other crops”. He further
noted that “in a country like ours, among other negative effects that would
result, is that Mexican honey would stop being organic.”
We will report on the Supreme Court ruling as soon as this is
available.
More information:
Contact:
France Gutiérrez Hermosillo at phone: 0445539226898
Email: francia.mexicana@gmail.com
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