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Iraqi Order 81

November/December 2008

by Laurel Hopwood, NEO Environmental Justice co-chair

When George W. Bush spoke of planting the seeds of democracy, few realized he might have had in mind Monsanto seeds. Under Bush, Paul Bremer drafted a series of laws, or Orders, to govern Iraq, which at the time had no legally constituted government. Among the Bremer laws was Order 81, which states: “Farmers shall be prohibited from re-using seeds of protected varieties or any variety mentioned in items 1 and 2 of paragraph (C) of Article 14 of this Chapter.” In plain English, this gives patent holders the rights over use of their patented seeds.

Iraqi farmers have existed for about 10,000 years, recycling seeds from one harvest to plant the next or swapping seeds with their neighbors at little or no cost. Enter Bremer’s Order 81. The new U.S. imposed patent law introduced a system of monopoly rights over seeds. Instead of providing food security for hungry Iraqis, Order 81 turned the food future of Iraq over to multinational giants, like Monsanto.

Order 81 does not prohibit Iraqi farmers from using or saving traditional seeds. However, after Order 81 was issued, USAID began delivering genetically manipulated (GM) wheat seeds to desperate Iraqi farmers, touted as improved wonder seeds. Desperation and a promise of huge gains are trapping Iraqi farmers into dependence on the multinational seed industry. Iraq is becoming a giant live laboratory for testing GM wheat and Iraqis are the human guinea pigs of the
experiment.

The Order makes it illegal for Iraqi farmers to re-use seeds harvested from new varieties registered under the law. Farmers would have to purchase afresh every single cropping season. Iraqi farmers who chose to plant GM seeds must sign an agreement with the seed company holding the patent that they would pay a technology fee and yearly license fee for planting the patented seeds. Farmers who replant the seeds in following years would be subject to heavy fines from the multinational seed giants.

Even more remarkable, half of the GM wheat seeds were meant for pasta, which is foreign to the Iraqi diet, so half of the grains being developed were meant for export. So much for producing food for war weary Iraqis. Iraq has the potential to feed itself. But instead of developing this capacity, the U.S. has shaped the future of Iraq’s food and farming to serve the interests of U.S. corporations.

In India, Monsanto salesmen travel from village to village touting the so-called benefits of Monsanto’s genetically manipulated cotton seed. Farmers have been rushing to the banks to secure the cash needed to get on board with Monsanto. The same goes the next season, and the next season after that. When it comes to GM seeds, Monsanto owns the intellectual property inside each hull, so farmers wishing to reuse Monsanto’s seeds must pay to relicense them from the company each and every growing season. When the GM cotton crop failed, farmers suffered financial devastation. The PBS special “The Dying Fields” claims that one farmer commits suicide in India every eight hours. Will Iraq's farmers find themselves in the same predicament?

"Iraq’s new patent law: A declaration of war against farmers" was included in Project Censored 2006.

To learn more, read Against the Grain at http://www.grain.org/articles/?id=6

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