Annulment of decree on transgenic products sought

JAKARTA (JP): Several non-governmental organizations (NGOs) are preparing to file a suit at the State Administrative Court in a bid to annul a ministerial decree which has opened the door for the use of transgenic crops.

The suit is expected to be filed by the first week of May at the latest, as the law states that a suit must be submitted to the court within 90 days after the issuance of the decree.

Ministry of Agriculture Decree No. 107/2001 was issued on Feb. 6.

Mas Achmad Santosa, executive director of the Indonesian Center for Environmental Law (ICEL) said several NGOs were working together to consolidate their efforts in this endeavor.

The other NGOs include the National Consortium for Nature and Forest Conservation (Konphalindo), the Indonesia Pesticide Action Network (PAN Indonesia), the Indonesian Consumers Foundation (YLKI) and South Sulawesi Consumers Foundation (YLK Sulawesi Selatan).

The decree permits limited release of transgenic cotton Bt DP 5690B as a quality crop genus under the name of NuCOTN 35B or Bolgard in seven regencies in South Sulawesi -- Takalar, Gowa, Bantaeng, Bulukumba, Bone, Soppeng and Wajo.

The NGOs maintain that the decree was hastily issued and careless, neglecting the still-controversial consequences of the use of transgenic products.

"It is also against the precautionary principle, which is paramount and a main prerequisite in handling such products," Tejo Wahyu Jatmiko of Konphalindo told journalists on Thursday.

"If such products are safe, then where is the report? We can't access it although we have asked for the report. The decree also states that there have been tests in seven regencies, while reports only mention two regencies," he added.

"The government is not being transparent."

The Bt cotton plantations in South Sulawesi have been developed under the guidance of PT Monagro Kimia, a subsidiary of the St. Louis-based Monsanto Company.

The plantations in Bantaeng and Bulukumba regencies, which are 500 hectares in total, are now ripe for harvesting. The products have been exported and some have been distributed to local markets.

The area planted in the other five regencies is not known.

"If it was only a test crop it should have been burnt, not sold," Tejo said.

Mas Achmad Santosa further argued that the decree is ambivalent since it claims to be based on existing environmental laws, but at the same time also violates them.

"Law No. 23/1997 about Environmental Management for instance, which stipulates people's rights to get information and to be involved in decision making, is violated," he said.

The obligation to conduct an Environmental Impact Assessment (AMDAL) as stipulated by law has also been violated because such an assessment has not yet been done, he added.

"Not to mention other laws and farmers' rights that have also been violated," Achmad charged.

While it prepares the suit, the NGOs also pledged to continue pressuring the Minister of Agriculture Bungaran Saragih to revoke the decree.

Transgenic technology is a way of creating higher quality crops and stocks by inserting genes, sometimes from other species to protect the plant from pests or to resist a specific herbicide.

Despite assurances from scientists that the products are harmless, some doubts have been raised as to the safety of genetically modified foodstuffs and their effect on health and the environment.

Separately on Friday, researcher from Bogor Agricultural Institute and Southeast Asia Regional Center for Tropical Biology, Antonius Suwanto said that regulations on transgenic products should not be based on popular whim.

He referred to State Minister for Environment Sonny Keraf's statement recently that the Minister of Agriculture decree was issued in response to demands from the regencies' residents, despite Sonny himself objecting to it.

"Don't issue a decree just because a region asked for it. It should be based on scientific studies," Antonius asserted.

It is natural that there should be pros and cons over such products, he added, and the precautionary principle is also important.

Nevertheless he further urged not to be too stern in maintaining the precautionary principle " as it will become counterproductive."

"The important thing is, our country needs to master biotechnology in order to manage our biodiversity, one of the richest in the world," Antonius cited.

He further warned that if Indonesia fails to anticipate the development of technology, it will only end up being consumers of it, and not pioneers, such as the case in micro-electronic and computer technology.(hdn)