posted by Mundie Salm
Percy Schmeiser was touring through Europe again recently - to remind us about his warning to farming policy-makers.
For those who don't know who he is, Percy and his wife Louise, had been farming predominantly rapeseed in one of the western provinces in Canada for 50 years, when they suddenly found themselves in a huge fight with Monsanto, one of the biggest seed and agrochemical companies in the world.
This came following the introduction of four genetically modified (GM) crops into Canada and the United States in 1996: soya, maize, rapeseed and Bt cotton. Although the Schmeisers prided themselves in developing their own seed, their farmer neighbours did start using the GM rapeseed. Following a windstorm, the Schmeisers' field unwittingly became contaminated by the Monsanto seed, which is patented. Since the Schmeisers now had this genetic material (which you cannot see but can be identified through laboratory tests) in their fields, Monsanto layed a patent infringement law suit against them when they had determined this through testing. Monsanto demanded that the farmers pay for using Monsanto seed!
However, Monsanto did not count on the fighting spirit of the Schmeiser farmers. It took ten years and three cases until the highest court in Canada, the Supreme Court, finally agreed with the Schmeisers that they could not be held responsible for Monsanto seed naturally entering into their farm.
This battle became a landmark case, the first case of genetic patent law and small farmers in the world. It brings up many questions that governments around the world must ponder before allowing GM seed into their agricultural borders. How can we protect farmers' (for example organic farmers) rights to grow non-GM seed? Percy Schmeiser's case shows how difficult it is to contain the natural flow of seed over farm borders. According to him, after 13 full growing seasons with GM seed in Canada, these crops have now been contaminated for good by GM material. Also, it is not only one species that gets affected in the end - the whole family of crops gets contaminated. For example, rape seed belongs to the brassica family, which includes cabbages (including broccoli and cauliflower), turnips, kohlrabi, mustard seed as well. Canadian organic farmers have already had problems with their organic certification because their seed is no longer following organic standards.
As governments around the world review their agricultural policies, Schmeiser's warning must be heeded. "We in Canada did not know what would happen. But look at us - once you go down the GM road, there is no going back anymore." Also, small-scale family farmers need to be protected from patent laws that do not take into consideration their own right to develop different breeds independent of a large company. Schmeiser finds that "no-one should have the right to own life".
(Photo by courtesy of P. Schmeiser)
Read more on the Monsanto vs Schmeiser website.
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