Legal battle over biotech products kicks off

JAKARTA (JP): The start of what will likely be a long and arduous legal battle on genetically modified seeds began on Thursday when the State Administrative Court began hearing a suit filed by 72 non-governmental organizations seeking the striking down of Minister of Agriculture Decree No. 107/2001 allowing the use of the controversial products.

In the suit read out by a team of lawyers representing the NGO Coalition for Biosafety and Food Safety, it was charged that the decree was hastily issued without properly considering the possible consequences of the use of biotech products.

"It also went against the precautionary principle, which is fundamental in handling such products. The decree was also issued without considering advice and recommendations from relevant institutions and persons, such as the State Ministry of the Environment, the City Council, NGOs and experts in the field," the lawyers said.

The decree, issued on Feb. 7, allows the limited release of the genetically engineered cotton variety Bt DP 5690B as quality seed under the trade name NuCOTN 35B (Bollgard) in seven regencies in South Sulawesi -- Takalar, Gowa, Bantaeng, Bulukumba, Bone, Soppeng and Wajo.

The plantations have been developed under the guidance of PT Monagro Kimia, a subsidiary of St. Louis-based Monsanto, the world's second largest seed-producing company and third largest agrichemical company.

But lawyers representing the NGO Coalition said the issuance of the decree was merely a move by the Ministry of Agriculture to retrospectively legitimize past violations by Monagro.

"Monagro has been distributing Bt cotton seeds since 1998, saying that they were only for trials. In fact, they were doing so for commercial purposes as may be deduced from the fact there were 868 growers involved who bought the seeds and sold the crops back to Monagro to be exported or distributed to local markets."

The company, they claimed, had also violated the requirement to conduct an Environmental Impact Analysis (AMDAL), which to date had still not been carried out.

The NGOs also stated that on March 15, Monagro also imported other seeds directly from South Africa to Makassar, South Sulawesi, without giving the required notice, disguising the shipment as a "Logistics Depot (Dolog) Rice Shipment".

But as lawyers for the NGO's read out the grounds of their action on Thursday, lawyers for Monagro, represented by lawyer Hotman Paris Hutapea, sought to be added as a defendant.

"Since the case alludes to Monagro's good name, we've decided to intervene in the case. We want to prove that the suit filed by the NGOs is groundless," Hotman told The Jakarta Post.

On the question of the environmental impact analysis, Hotman said the company was not obliged to do so as it was not the promoter of the project.

"We're only the suppliers. The project promoters and developers are the growers. Besides, the total area of the project is only 500 hectares. In State Minister of the Environment Decree No. 3/2000, the minimum area requiring such an analysis is 5,000 hectares," he said. (hdn)