December 23, 2024 – A trade dispute panel has ruled against Mexico’s restrictions on the use of genetically modified (GM or genetically engineered) corn, siding with the United States and Canada in forcing Mexico to allow the use of GM corn for food.(1) Mexico’s restrictions were challenged under the Canada-United States-Mexico trade agreement (CUSMA, or USMCA) as being a disguised trade restriction, by the US government with support from Canada as a third party.
“This trade panel decision runs counter to a national consensus in Mexico on the threat of GM corn to Mexico’s food sovereignty,” said Cathy Holtslander of the National Farmers Union in Canada. “The people of Mexico have the right to protect their unique relationship with corn.”
On February 13, 2023, Mexico published a (revised) Presidential Decree that included stopping the use of GM white corn intended for use in traditional foods such as tortillas and stated Mexico’s intention to eventually replace all GM (yellow) corn in processed food.
“Canada joined the US challenge to force open an unwilling market to genetically modified corn,” said Lucy Sharratt of the Canadian Biotechnology Action Network.
The 117-page decision released at the end of the day on Friday, December 20th, from the three-member panel did not assess the scientific evidence on GM corn provided by Mexico but concluded that Mexico did not conduct a risk assessment that conforms to the terms of the trade agreement: “the Panel recommends that Mexico bring its Measures into conformity with its USMCA obligations under Chapters 2 and 9 of the USMCA. The Panel accepts that Mexico is seeking to address genuine concerns in good faith, and suggests that such concerns be channeled into an appropriate risk assessment process, measures based on scientific principles, and in dialogue among all USMCA Parties to facilitate a constructive path forward.”
The Mexican government says it will comply with the decision though it maintains that the restrictions are in line with the principles of public health and the rights of Indigenous peoples, established in national legislation and in the international treaties to which it is a party.(2)
Mexico’s existing ban on the cultivation of GM corn (to protect native corn from GM contamination) was not challenged and remains in effect. Mexico’s 2023 restrictions on the use of GM corn for food sought to further safeguard native corn and protect human health. Mexico is the world’s centre of diversity of corn, which is a staple of the Mexican diet and is central to Mexican culture and agriculture, history and national identity. Corn is sacred to Indigenous peoples in Mexico and essential to Indigenous cultural and spiritual practice.
“Mexico’s GM corn policy was clearly meant to achieve several goals at once, such as supporting biodiversity, cultural diversity, food sovereignty, Indigenous Peoples’ rights, public health and economic development. It is disingenuous for the trade panel to claim the policy is a ‘disguised restriction on trade’ simply because it may affect imports of U.S. or Canadian corn. But doing so conveniently allowed the panel to sidestep Mexico’s strong defence of the GM corn restrictions based on environmental and Indigenous Peoples’ rights exceptions in CUSMA,” says Stuart Trew, senior researcher with the Canadian Centre for Policy Alternatives.
Canada does not export any corn to Mexico. The Government of Canada stated that, to secure a future for genetically modified organisms (GMOs) in Canada and to prevent trade disruptions due to illegal GMO contamination, product developers need access to all markets.(3)
“Mexico’s heavy tortilla diet faces many safety unknowns from GM corn,” said Rick Arnold of the Trade Justice Group of the Northumberland Chapter of the Council of Canadians. “Mexico presented considerable scientific evidence on the risks of eating GM corn and should have the right to make decisions based on their concerns. Canada is not interested in rigorous science since it has recently surrendered government oversight over GM food safety to biotechnology companies themselves.”
This outcome demonstrates how free trade agreements can be used to overthrow democratic decisions, for corporate interests.
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FOR MORE INFORMATION
Cathy Holtslander, National Farmers Union, holtslander@nfu.ca;
Lucy Sharratt, Coordinator, Canadian Biotechnology Action Network, 902 209 4906, coordinator@cban.ca;
Rick Arnold, Trade Justice Group of the Northumberland Chapter of the Council of Canadians, 905 352 2430, rickarnold@xplornet.com;
Stuart Trew, Senior Researcher and Director of the Trade and Investment Research Project, Canadian Centre for Policy Alternatives, 613 293 2282.
NOTES
(1) Final Report, Agreement between the United States of America, the United Mexican States, and Canada. Panel established pursuant to Chapter 31. Mexico — measures concerning genetically engineered corn MEX-USA-2023-31-01. December 20, 2024. https://ustr.gov/sites/default/files/Final%20Report%20ENG.pdf
(2) Government of Mexico, Panel del T-MEC distribuye Informe Final en el caso México – medidas relacionadas con el maíz genéticamente modificado (MEX-USA-2023-31-01) https://www.gob.mx/se/prensa/panel-del-t-mec-distribuye-informe-final-en-el-caso-mexico-medidas-relacionadas-con-el-maiz-geneticamente-modificado-mex-usa-2023-31-01
(3) Government of Canada, Notice of intention to join the consultations as a third Party – Mexican measures concerning genetically engineered products, June 9, 2023.
https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/cusma-aceum/notice-mexico-gep-avis-mexique-pgm.aspx?lang=eng
BACKGROUND
Canadian Biotechnology Action Network, Update: Canada and US challenge Mexico’s ban on GM corn, January 2024.
www.cban.ca/trade
The NFU is an organization of, and for, farmers and farmworkers in Canada, working together to democratically achieve agricultural policies that ensure dignity and income security for farmers and farmworkers while protecting and enhancing rural environments for future generations. www.nfu.ca
The Canadian Biotechnology Action Network (CBAN) brings together 15 groups to research, monitor and raise awareness about issues relating to genetic engineering in food and farming. CBAN members include farmer associations, environmental and social justice organizations, and regional coalitions of grassroots groups. CBAN is a project of MakeWay’s shared platform. www.cban.ca/corn
The Northumberland chapter is one of 45 local chapters of the Council of Canadians. For nearly four decades, these grassroots groups have organized across the country to challenge corporate power and advocate for people, the planet, and our democracy. Together, we have fought for values based on fair and sustainable trade, clean water, climate justice, democracy, and stronger public health care. The Council is a registered non-profit organization and does not accept money from corporations or governments. www.canadians.org
The Canadian Centre for Policy Alternatives (CCPA) is a non-partisan research institute producing research and analysis to help policy-makers, activists, and Canadians make informed decisions. www.policyalternatives.ca
