Legal battle over biotech products kicks off

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)