„Regierungen, Die Gentechnisch Veränderte Nahrungsmittel
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„Governments that allow genetically modified foods, violate human rights“ Agricultural biotechnology indicted by the UN Committee for Economic Social and Cultural Rights Christiane Lüst 2016 1 Content Austria ……………………………………………………… 11 Canada ……………………………………………………… 37 India ……………………………………………………… 66 Brasil ……………………………………………………………… 84 Columbia ……………………………………………………… 99 Germany ……………………………………………………… 130 Argentina ……………………………………………………… 148 Paraguay ……………………………………………………… 168 Austria ……………………………………………………… 187 2 Instead of a preface Agrar-Info October 2008: United Nations Human Rights Committee criticizes the use of genetic engineering in agriculture “Mrs. Luest, you are wrong here! This is not a human but an environmental issue!“ That was the spontaneous reaction of the members of the United Nations Human Rights Committee, as Christiane Lüst from Gauting / Germany, founder of the international organization „Action GEN- Klage“, submitted her first report on agro-biotechnology and human rights violations of 2005. Together with the Indian and winner of the Alternative Nobel Prize Vandana Shiva she submitted her third report on India to the Committee in May 2008, according to reports on Austria and Canada. It includes dramatic human rights violations due to the use of agricultural biotechnology in India. More than 200,000 farmers in India have already taken their own lives because they had no choice to get out of increasing hunger and indebtedness after the use of genetic engineering in agriculture. The Indian government has been prompted to stop the use of genetic engineering immediately to protect farmers, consumers and the human rights. This time, the reaction of the committee members was very different: „ Miss Luest that is a huge problem! In autumn its Central America's turn because it also comes to drastic human rights violations through genetic engineering there. Are you able to report about it?” And Christiane Luest had success! Luest said: "That was an international breakthrough! For the first time the use of genetic engineering in agriculture has been criticized by the United Nations as a violation of human rights and a state was prompted to protect its farmers against multinationals and ensure their access to the old, reusable seed!" Why it is the jurisdiction of the United Nations? Basis of the consultation of the UN Human Rights Committee with the agro-biotechnology is the International Covenant on Economic, Social and Cultural Rights. This inter alia includes the right to self-determination, the right to health and the right to food and thus also includes safe food that is uncontaminated, harmless to health and from sustainable, resource-conserving production. More than 140 countries worldwide have ratified the pact. This means that governments are thus committed to ensure free access to food and the availability and use of existing resources for the people. The right to food: People should have access to food, without falling into dependencies. 3 This also means that the States “have to ensure adequate protection of consumers against fraudulent market practices, disinformation about food that is hazardous to health" and must prevent the contamination of foodstuffs as well as the decline of plant genetic resources. The state is obliged to create an environment in which the individual can feed himself and his family in freedom and dignity. In order to guarantee this environment, any dependence on corporations by purchasing obligation of pesticides and seeds and thus the introduction of GMOs in agriculture must be prevented. Enshrined as a human right, "sustained improvement of livelihood" is no longer possible with the introduction of genetic engineering. The right to adequate food … encourages states parties ... obligations to: • that the States Parties do not take any measures which in result include the prevention of this access. (This means that the State may not introduce genetic engineering in agriculture and food production, because it denied the access to adequate food because of patenting and related licensing, due to dependence on corporations by monopolization of the seed and in consequence due to contamination and destruction of the harvest of the neighbors.) • Measures of the State that ensure that companies or individuals do not deprive people access to adequate food. • that the state must play an active role to make it easier for the the people to get access to resources, to utilize resources and to get means to ensure their livelihood, especially their food security. Through GMOs the conservation and sustainable management of natural resources is endangered. However, the States are to prevent the decline of plant genetic resources. They should "ensure the protection of relevant traditional knowledge and equitable participation in the profits arising from the use of these resources. They should also consider measures to protect ecological sustainability and the carrying capacity of ecosystems in order to secure the possibility of increased and sustainable food production for present and future generations, to prevent water pollution, to protect the fertility of the soil and to support farmers with the application of proven agricultural practices. Genetic engineering in agriculture and food production must be dispensed with and a fair distribution of food must be promoted in order to improve production methods, distribution of food or the use of natural resources must be effectively developed and ensured in the long term. These rights are enforceable. Every 5 years, the governments are committed to report to the United Nations Human Rights Committee on the situation of human rights in their country. NGOs have the possibility to correct the government reports with their own separate report and to explain the situation "from the base". The UN Committee listens to both sides and examines the reports. Subsequently, after three weeks of meeting and consultation, the "Concluding Observations" are enacted to the governments. That means the demands of the UN to the Governments what they have to improve in terms of human rights within the next 5 years, until the next reporting to the UN. 4 In many countries, the introduction of genetic engineering in agriculture has brought devastating impact. Some examples: Romania: Tests have shown that 90% of the soybean plants are genetically modified without the knowledge of authorities and most of the farmers, so they were contaminated. Lack of controls and knowledge genetic engineering corporations are trying to create an illegal lokal situation that never can be undone. Once contaminated, always contaminated. Mexico: Although GMOs are forbidden by law since 1998, transgenic contaminations of local corn were found more and more in regions, which are quite separate. Argentina: Already in 2004, the cultivation of soybeans took 48% of the total arable land. Hundreds of thousands were evicted from their land, poverty and malnutrition grew rapidly. Malnutrition, in Argentina previously unknown, rose with the introduction of genetic engineering on 17%, the proportion of people below the poverty line - 1970 at 5% - was already at 51% in 2004. The spraying of the soybean plantations from the air destroyed the crops of small farmers, their chickens died and other animals suffered damage and finally there were birth defects. The sprayed weedkiller led to severe nausea, diarrhea, vomiting and skin lesions among the people. Vegetables were malformed and lakes suddenly were full of dead fish. Irak: Since the occupation of Iraq by the Americans, there is the Order 81, which prescribes the Iraqis, to buy only - of course genetic modified - seed from transnational corporations. Using own-grown and always reusable seed is illegal since then. It is urgent at the time to stop this trend before it spreads increasingly also in Europe. Globalization also means learning from the bad experiences of other countries in order to avoid them. Our contribution should be to publish these experiences and point out again and again or to support a wide variety of resistance. After all, who fights can lose, but who does not fight has already lost. Christiane Lüst Berengariastr. 5 Aktion GEN –Klage 82131 Gauting www.stopptgennahrungsmittel.de Tel.: 089 / 893 11 054 Umwelt aktuell –Juli 2011 Governments that allow genetically modified foods, violate human rights In countries such as Argentina or India, but also in Germany the genetic production of food is subsidized by the state. This is the reason why the governments violate against internationally agreed standards. Therefore my initiative has accused Germany and other states at the United Nations Human Rights Committee, says Christiane Lüst from “Aktion GEN –Klage”. 5 Miss Lüst, you have sued the Federal Republic of Germany at the United Nations Human Rights Committee in Geneva. Why? Because of the use of genetic engineering to produce food, violates the human rights of consumers, beekeepers and farmers in Germany. Germany together with 150 other countries ratified the International Covenant on Economic, Social and Cultural Rights. Particularly it is about the rights to food, to self-determination of peoples, on health and on freedom of science and research. This also includes the obligation of States to promote a sustainable management of resources and to protect consumers against misinformation and food that is hazardous to health. In Germany, GM plants are barely grown. Isn’t your action therefore superfluous? The contrary: Slowly but surely, we are opening