Percy and Pablo: Farmers Take on Monsanto : QC IMC

Canadian canola farmer Percy Schmeiser knew what to expect when he happily agreed to be one of the resource persons of the People’s Caravan 2004 --- be prepared to talk at any possible place at any possible time. He knew this from the previous Caravan leg in Bangladesh in 2000 where he travelled around the country to share his story among the farmers. At that time, his battle with Monsanto was gaining ground and support from concerned groups and individuals were pouring. His message then was loud and clear: we should fight for our rights as farmers to save and re-use our own seeds.

Four years later and a contentious ruling from the Supreme Court of Canada, Percy once again is part of the People’s Caravan for Food Sovereignty leg in the Philippines.

Filipino farmers who have heard about Percy’s participation in the Caravan, particularly those who have been opposing Monsanto’s commercialisation of Bt Corn in the Philippines, were looking forward to meet him. Some of them have reportedly been duped by Monsanto to commercially grow Bt Corn without proper information on what is really inside those bags of corn seeds.

One of these is Pablo Sinon, a 52 year old Lumad leader whose farming community was affected by Bacillus thuringiensis (Bt) in Polomolok, South Cotabato in the island of Mindanao. Last year, fifty-one members of this indigenous community were downed by infections suspected to have been caused by Bt corn planted in their area.

At a farmers’ forum held in Central Luzon where Percy was one of the key speakers, Pablo listens attentively to his story.

Percy’s story made headlines around the globe, at least in places where there is growing opposition to Monsanto’s genetically engineered crops and its vicious way of doing business. In a capsule, this is what happened to him-- he was sued by Monsanto in 1998 for allegedly growing its patented GE Canola without license. Monsanto asked Percy to pay royalty for using its patented seeds. To Percy’s surprise, he did not even know that his farm was already contaminated with GE Canola because for the past 50 years of being a farmer, he and his wife Louise protected and developed their own variety of Canola seeds. He fought back. It was Monsanto who contaminated his farm, he argued.

After six years of legal battle, Canada's High Court ruled on May 21, 2004 that Monsanto has a valid patent on their GE Roundup Ready (RR) Canola. However, Percy had a major victory as Monsanto was not entitled to any damages, profits, technology use fees and court costs. In short, Monsanto did not gain a single cent from Percy.

"Prior to this case, I do not have anything to do with Monsanto. I did not buy a single product from them, I do not even know anyone from Monsanto and I have never ever been to any of their premises," says Percy. How did Monsanto’s GE Canola end up in his farm? As most farmers would know, seed can travel either by wind or water that it could end up in anybody’s farm. Unfortunately, the GE Canola from Monsanto ended up in Percy’s farm. He did not have a choice.

Pablo and the rest of practicing farmers who were at the forum agreed to what Percy said. They did not have a choice either. Pablo’s story goes like this – a government official brought Monsanto’s Bt Corn to a farm a few kilometers from their community. The controversial Bt corn, marketed by Monsanto as YieldGard 818, was planted in May 18, 2003 in two separate sites covering one hectare each.

Residents of the community complained of various illnesses supposedly during the two-week flowering stage of the Bt corn. According to documented accounts by at least 51 residents, the symptoms allegedly caused by the Bt corn, ranged from gastrointestinal pain, vomiting, headache, cough, colds and skin allergies.

Dr. Terje Traavik, a scientist from the Norwegian Institute of Gene Ecology, said preliminary results of a study conducted on blood samples taken last year from at least 38 farmers and individuals from Sitio Kalyong, Barangay Landan in Polomolok town yielded the presence of the Bt toxin.

Monsanto denounced the findings claiming that it came from those opposing the product. Thus, it is not credible they said. Therefore, Monsanto is not liable, at least not yet. Pablo and the rest of the community are gearing up to take Monsanto to court if needed.

While farmers in Polomolok are still grappling on what have happened to them, Percy is not surprised to such claim of Monsanto. Monsanto even denied that its GE Canola had contaminated the rest of the farms in Saskatchewan where Percy lives. "With ownership comes responsibility and I assume more lawsuits will be filed against them for the contamination of farmers’ fields. I was always concerned about lack of responsibility that Monsanto took for the unconfined release of RR canola in western Canada" says Percy.

Like Percy, the farmers in Polomolok did not take the issue sitting down. They too made noises against Monsanto. But Monsanto does not like bad publicity. It tried to impose a gag order on Percy which was not granted by the court. Meanwhile, Polomolok farmers reported that Monsanto through a third party, wanted to silence Pablo by offering whatever he wanted so long as he kept mum about the issue. Monsanto does not want farmers who talk a lot, particularly when it affects their profit.

Farmers buying Monsanto's seeds must sign a contract promising to buy fresh seeds every year. They must also let Monsanto inspect their fields. Monsanto has been vigilant in going after farmers who use Monsanto’s seeds without license that it even has its own "police". Percy showed the farmers a picture of a Monsanto "police" who illegally entered the farm of his neighbour to take samples of the Canola plant. If Monsanto found out that the species "belong" to them, the company will automatically send a demand letter. "Try to imagine what a farmer feels if he receives a letter asking a payment of a thousand dollar or more for license fee or else, you will be taken to court", Percy emphasized.

Fear. This is what the farmers would feel and this is what the Filipino farmers in Central Luzon felt at one point. Central Luzon farmers who were also at the same forum reported that Monsanto, through a third party, gave them Bt Corn seeds on loan with a promise that the company would buy the harvest back.

With extreme poverty and lack of information on what GE seed is all about, the assurance of a guaranteed market for their produce was a come on. So, they sowed the seeds. Come harvest time, Monsanto, again, through a third party, refused to buy the produce. The farmers were forced to sell the Bt corn in the local market at a lower price.

"The culture of fear, this is what Monsanto wants us to have", said Percy. The farmers agreed.

Farmers reported that because they could not pay the loan, Monsanto, once again through a third party, threatened to sue them. To be able to pay back the loan, they had to take another loan from elsewhere.

Although Monsanto failed to "extort" money from Percy, he had to shell out US$300,000 for legal fees. Monsanto on the other hand spent US$1.5 million for legal cost and earned bad publicity as a bonus. To sustain his legal battle, Percy had to dig from his and Louise’s pension funds. Also, concerned individuals and groups provided financial support for which he is very much grateful.

Farmers at the meeting were shocked at the cost of Percy’s legal fees. In a country where farmers do not even own their land, even if its Php 300,000 (US$1 to Php 55) in Philippine currency is a fortune. "Where would we get the money to fight Monsanto?" asked one farmer.

Beyond the issue on how much one must spend to fight Monsanto, Filipino farmers’ morale was high after listening to Percy. According to Pablo, Percy’s dedication to fight for farmers’ rights is inspiring. "I will tell the community back home what happened to Percy and what he fought for. It will inspire us to be strong and to fight for our rights", declares Pablo.

Meanwhile, Pablo, like Percy is also prepared to talk at any possible place and time to oppose the growing control of powerful biotech companies like Monsanto. #