From October 2011 to November 2014, the Permanent Peoples’ Tribunal
(PPT) sat in Mexico. The PPT is an independent international legal body
and the successor to the legendary Russell Tribunal – which enjoyed
great visibility between 1966 and 1976 when it judged the crimes of the
Vietnam War and the horrors of the Southern Cone dictatorships.
In requesting the PPT’s intervention in Mexico, the petitioning group
of organisations, communities and persons declared: “In light of the
dense legal thicket enveloping us, it’s urgent for us to find an
authority that actually goes beyond the international institutional
framework. An authority that would be truly independent and allow us to
document in a comprehensive, open (but nonetheless rigorous) fashion
every type of grievance.”
The problem is structural, systemic and complex. It was aggravated by
the structural adjustment policies of the 1980s to the point where it
acquired an irreversible character with free trade agreements and their
train of “phase-in” or “review” clauses. In this analysis, the Mexican
State is committing a “deviation of power” because “it creates space for
corporations while preventing the population from achieving justice
through legal or institutional channels. In effect, State bodies are
impenetrable, the legal issues are mired in confusion, and public
policies, constitutional reforms and laws are confected to abrogate
collective rights, infringe on the commons and weaken the social pact.”
The PPT’s Mexican chapter identified free trade as the core element of a
systemic dynamic in which the law is subservient to the economic
interests of sectors distant from the general population. The 2011-2014
PPT session as a whole is therefore entitled “Free Trade, Impunity and
Peoples’ Rights in Mexico.”
Over a three-year period, Mexican civil society documented seven
processes summarising an unsustainable situation: generalised violence
(tens of thousands of disappeared, repression, militarisation,
imprisonment and over 100 thousand assassinations); environmental
devastation; precarisation of workers’ rights and repression of
independent unions; gender violence and hate crimes;
expulsion/inexorable migration; absence of press freedoms and violence
against journalists; and the comprehensive attack against peasant life,
food sovereignty and collective land tenancy. It is this seventh process
that is the subject of the present document.
In 2013, various communities and organisations – most of them close to
the Red en Defensa del Maíz (Maize Defence Network) and the Asamblea
Nacional de Afectados Ambientales (National Assembly of Environmentally
Affected Parties) – held workshops in diverse regions and localities to
systematically document the grievances arising from: the State’s
abandonment of agriculture without concern for the problems of peasants
and farmers in rural areas; policies undermining the indigenous peoples
and peasant life; the destruction of tenancy systems and of the
territories maintained by communities, subsistence and decent living
conditions in communities; the voracity of the agroindustrial food
system; and of course the irresponsible policy of promoting GM maize and
the massive imports of maize of dubious quality for industrial uses.
During twenty workshops, five pre-hearings, a final hearing and a
complementary hearing, systematic testimonies resulted in specific
rulings and a final sentence bearing on this specific process wherein
national and foreign jury members recognised – for the first time in the
international legal sphere – the vast and systematic character of the
attack against the peasantry and independent food production. (One of
the pre-hearings was organised by the Unión de Científicos Comprometidos
con la Sociedad [Union of Concerned Scientists]. It consolidated a
multi-voice analysis on the dangers of GM crops and biased
business-friendly science, i.e., a technoscience that contradicts the
authentic principles of the scientific method, which acknowledges
complexity and uncertainty as fundamental principles.)
All testimony provided ample evidence that the so-called structural
reforms and international public policies promoted since the eighties
are responsible, in conjunction with constitutional changes and reforms
to laws and regulations, for the dismantling of legal and institutional
protections at the expense of peasant communities. The subordination of
Mexican agriculture to the interests of an industrialised global food
system dominated by a few transnational corporations, the disempowering
of the peasantry to the point where it isn’t profitable for them to
produce their own food and the interruption or erosion of the living
process of creating agricultural and cultural-social biodiversity are
all direct effects of these policies and free trade agreements (which
function as padlocks to make them irreversible).
The corporations of the global food system are unforgiving to farmers,
whether subsistence or commercial farmers, who seek to make a living
from agriculture, even under the rules imposed by the dominant model.
They are marginalised “as profit rates fall and the corporations act to
cut the throats of any who should impinge on their financial stability.”
Consumers in both cities and rural areas are affected as they may no
longer choose their own food having become the prisoners of public
policies and the designs of corporations.
It is a situation of structural violence, a process of dismantling
rural environments, social property, peasant life and the possibility of
people feeding themselves. Everything to ensure that transnational
companies obtain legal certainty and the opportunity to accumulate vast
tracts of land or establish oligopolies in key market sectors, such as
seeds or grain purchasing and distribution, grain processing and retail
sales. The result: a vast forced rural exodus and the inexorable growth
of cities with, in turn, repercussions in the form of further
aggravation of the problems in the countryside.
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Finishing thus:
In November 2013, the final hearing on Violence against Maize, Food Sovereignty and Peoples’ Autonomy declared in its ruling:
There is an open war, of a criminal character, against the
autonomous subsistence of broad groups, including, notably, the
indigenous peoples and peasant communities. In dispossessing them of
their independent means of subsistence, one condemns them to migration,
dependence on assistance programs, misery, marginalisation and death...
The imposition of an intensive agroindustrial model –which includes
transgenics as one of its most extreme elements – by the Mexican State
and corporations such as Monsanto, Syngenta, Dow, BASF or Cargill, not
only constitutes an attack against a culture, but also a veritable war
against subsistence, spearheaded via the confection of laws to prevent
the defence of peasant agriculture and independent [food] production.
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