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The Federal Court of First Instance in Administrative Litigation No. 3 of the Federal Capital, headed by Claudia Rodríguez Vidal, declared admissible an unprecedented environmental class action lawsuit due to its social, political and economic implications.
The lawsuit orders the National Executive Power to provisionally suspend the uncontrolled release into the open field of Genetically Modified Organisms (GMOs) such as the commercialization of RR 2 PRO / liberty soybeans, in violation of the current seed law, as well as the provisions of the "labeling" of the products that contain them.
Since December 21, 2012, the Supreme Court of Justice of the Argentine Nation (CSJN) has in its hands a collective lawsuit for environmental damage against the national State and multinational companies producing GMOs and the package of pesticides associated with them that are They have been used in the Argentine agro-industrial production model since the early 1990s. The ruling is considered historic.
The resolution issued in the case entitled "Gimenez Alicia Fanny otros" (Original File No. 22339/2014) recognizes suitability and representation to act on behalf of the entire Argentine citizenry to a small group of those directly affected by the fumigations with pesticides, such as thus also affected in their character of consumers of transgenic foods.
The defendants are the national State, for breach of the duty of control, and a group of multinational companies for their polluting action (Monsanto, Syngenta, DuPont, Novartis, Nidera, Dow Agrosciences, Pionner, Agrevo, Ciba Geigy and Bayer, among others) , producers of GMOs, mainly soybeans, corn, cotton, rice and the chemical package attached to their use (glyphosate, salts derived from it, surfactants and adjuvants).
The artificial modification of the genome of a plant, or "event" in the jargon of these companies, were approved in Argentina since 1996, so they are currently planted and sown without large-scale control and without impact evaluation or any environmental risk, more than thirty million hectares.
In addition, more than three hundred million liters of pesticides (poison) are dumped into the environment per season and, in some cases, on the inhabitants, knowing the harmful consequences that this has on the environment, ecosystems, health and cultural heritage of people.
The demand mainly attacked GMOs and their associated characteristics, which led to the trend towards monoculture, the direct sowing method with the consequent reduction of rural labor, the economic concentration in the hands of few producers and planting pools, the megabusiness of oligopolistic multinational companies and the impact on the health of rural populations and the environment.
The lawsuit was filed by specialist lawyers: Jorge Mosset Iturraspe, Daniel Salaberry, Graciela Cristina Vizcay Gómez, Miguel Araya, Horacio Belosi and Santiago Kaplun. It maintains that "the application of the pesticides used for their cultivation is also suspended until the safety of the same for the environment, ecosystems, biodiversity, the health of living beings, the cultural heritage of Argentines and, above all, the sustainability of this production model.
"The Legislative Power is exhorted to enact a law of biosafety and minimum budgets for the use of the soil resource and to condemn the defendant companies to" rebuild "or" repair "the damaged environment and ecosystems (flora and fauna) through reimplantation of conventional cultivars, the fertilization of soils and the repopulation of species ", maintain the plaintiffs lawyers in their presentation.
"In the event that this is not possible, they are ordered to pay a sum of money to be determined by one of the systems of monetarization of environmental damage for international use and, for this purpose, form an Environmental Compensation Fund or Trust , by way of compensation, "says the resolution.