Healthy soil and sustainable growing

["TradingPostPaul" <tradingpost@riseup.net>]

Percy and Louise Schmeiser of Canada - winners of the Right Livelihood
Award
(2007) 
http://www.rightlivelihood.org/schmeiser.html
Percy & Louise Schmeiser

"... for their courage in defending biodiversity and farmers' rights, and
challenging the environmental and moral perversity of current
interpretations of patent laws".

With their fight against Monsanto's abusive marketing practices, Percy and
Louise Schmeiser have given the world a wake-up call about the dangers to
farmers and biodiversity everywhere from the growing dominance and market
aggression of companies engaged in the genetic engineering of crops. 

Career

Percy and Louise Schmeiser were born in 1931 into farming families in
Saskatchewan; one of Canada's ten provinces. Percy became a leading farm
figure in the area, and with his family he also owned a successful farm
equipment dealership. He was a Member of the Saskatchewan Legislative
Assembly (MLA) from 1967-71 for the Liberal Party of Saskatchewan, whose
philosophy was based in conservative values and conservative politics.
Percy
was also Mayor of his home town of Bruno from 1963-82, where he also served
as a town councillor, most recently from 2003-06. Percy also has been
appointed to numerous provincial commissions and municipal boards.

Monsanto vs. Schmeiser

In 1998 Percy Schmeiser and his wife received a letter from the US
agribusiness giant Monsanto claiming that they had used Monsanto seeds
without a license in planting their 1997 crop. However, the Schmeisers had
never bought Monsanto seed nor intended to have it on their land. It turned
out that some Monsanto 'Round-up Ready' genetically modified canola (rape)
seeds had blown over from the Schmeisers' neighbour or from passing trucks.
Thus, genes that Monsanto claimed to "own" under Canadian patent law had
ended up in the Schmeisers' seeds. Monsanto threatened to sue the
Schmeisers
for 'infringement of patent', seeking damages totalling $400,000 (CAD),
including about $250,000 in legal fees, $105,000 in estimated profits from
the Schmeisers' 1998 crop, $13,500 ($15 an acre) for technology usage fees
and $25,000 in punitive damages. At the same time, Monsanto offered to
withdraw the legal challenge if the Schmeisers signed a contract to buy
their seeds from Monsanto in the future and to pay the technology use fee. 

But the Schmeisers neither gave in nor did they accept this blackmailing
attempt. They contested the case up to the Canadian Supreme Court, whose
ruling supported Monsanto in their claim to own the gene. Thus the
Schmeisers lost their breeding research, which they had built up for
decades, and the varieties that they had painstakingly adapted to their
local environment for years through cross-pollination, because they now
contained the Monsanto-"owned" gene. 

However, the court also concluded that the Schmeisers should not have to
pay
anything to Monsanto because they had not in any way benefited from having
the seeds on their property. 

Schmeiser vs. Monsanto

Now, in a new legal case, the Schmeisers are trying to turn the notion of
benefit to farmers from Monsanto genes around, claiming that
Monsanto-"owned" genes are to be regarded as contamination.

Since the first court case, the Schmeisers shifted their agricultural
business from canola to wheat, mustard, peas and oats in order to avoid
future problems. But soon they found genetically modified Monsanto canola
plants on their land again. They called the company and demanded that they
be removed. Monsanto conducted tests and confirmed that these were their
Monsanto Roundup Ready plants. Monsanto agreed to remove them if the
Schmeisers signed a document with a non-disclosure statement and an
assurance that they would never take Monsanto to court. The Schmeisers did
not sign this statement and again demanded from Monsanto to take these
plants off of their land. When Monsanto did not react, they paid some
workers to remove the plants and sent Monsanto the bill of $600. When
Monsanto did not pay, the Schmeisers sued them in a provincial court. In
May
2007, a mediation attempt failed and the trial date is now set for January
23, 2008.

The destruction of seed markets through "patents on life"

The Schmeiser case was one of the first and most prominent cases involving
a
company claiming to own patents on life. It revealed how traditional seed
economics and treatment is currently giving way to a dependency on only a
few big multinational enterprises, such that in the end the whole food
production chain could be dominated by a few giant food enterprises,
relying
on very few genetically engineered crops. This would drastically reduce the
genetic diversity of staple crops and the economic autonomy of farmers,
especially in developing countries.

Monsanto's treatment of the Schmeisers is their standard practice.
According
to a 2005 report by the Washington-based Center for Food Safety (CFS), as
of
2005, Monsanto, with teams of full-time investigators out in the field, had
filed lawsuits for patent violations (often, as with the Schmeisers,
because
of drifted seed) against 147 farmers and 39 small farming businesses in
half
the states of the US. Farmers have so far paid $15million (USD) to Monsanto
(mean payment about $400,000). The CFS report concludes: "No farmer is safe
from the long reach of Monsanto. Farmers have been sued after their field
was contaminated by pollen or seed from someone else's genetically
engineered crop; when genetically engineered seed from a previous year's
crop has sprouted in fields planted with non-genetically engineered
varieties the following year; and when they never signed Monsanto's
technology agreement but still planted the patented crop seed. In all these
cases, because of the way patent law has been applied, farmers are
technically liable. It does not seem to matter if the use was unwitting or
a
contract was never signed."

In Canada there is still no specific law regarding patents on genetically
modified organisms (GMOs) so the Schmeiser case was decided under the old
patent laws, enacted before GMOs existed. But in its verdict, the Canadian
Supreme Court called on the Canadian Parliament to enact a specific law.
This process is currently under way and it may be expected that Monsanto
will lobby lawmakers vigorously for a legislation that serves the company's
interest.

Schmeiser's principles for food and agriculture

Percy Schmeiser is also a member of the International Commission on the
Future of Food and was a core member of the drafting of the Manifesto on
the
Future of Seed which has had an impact worldwide. In his speeches,
Schmeiser
promotes 12 principles for food and agriculture in an age of biotechnology,
which may be summarised thus:

1. All humans have a right to food or to produce it.
2. Natural systems must be protected so that they can produce healthy food.
3. Humans have a right to safe and nutritious food.
4. No rules should prevent countries controlling food imports.
5. Everyone has a right to information about how their food is produced.
6. Regions should have the right to regulate for their own agriculture.
7. Local production and consumption should be encouraged.
8. Regional biodiversity must be protected.
9. Seeds are a 'common property' resource.
10. No life form should be patented and terminator seeds should be globally
banned.
11. Freedom to exchange seeds should be protected.
12. Farmers should have the right for their land to be free of genetic
contamination.

Source: http://www.rightlivelihood.org/schmeiser.html
.......

Interview with Percy and Louise Schmeiser
http://www.rightlivelihood.org/schmeiser_interview.html

Percy and Louise Schmeiser's work
http://commonground.ca/iss/196/cg196_schmeiser.shtml