Glyphosate complaint against Bayer partly accepted

A group of non-governmental organizations (NGOs) has accused the German chemical company Bayer of failing to uphold its responsibilities regarding the use of genetically modified soybeans and glyphosate in Latin America. Recently, their complaint against Bayer was partially accepted by Germany's Ministry of Economics, which found that the company might have violated OECD guidelines related to corporate responsibility concerning human rights and environmental protection. The NGOs had filed the complaint in April 2024, seeking compensation and measures to prevent further damage caused by Bayer’s operations.

Residents living near agricultural plantations in Argentina suffer from respiratory issues and cancer, while in a Brazilian commune, drinking water has been contaminated with glyphosate. In other regions, indigenous communities have been displaced, and parts of the rainforest have been deforested. These affected individuals have long alleged that Bayer, through the sale of genetically modified soybeans and glyphosate, plays a role in these problems.

The National Contact Point within Germany's Ministry of Economics, responsible for implementing OECD guidelines, evaluated the complaint. Their findings indicated that the concerns raised about Bayer's due diligence regarding human rights and the environment were partially valid. As a result, they proposed a mediation process where the allegations against Bayer could be discussed directly with the company.

However, the National Contact Point excluded questions about specific damages or potential compensation from this mediation process. They stated that whether Bayer can be held responsible for specific damages remains a scientific question that cannot be resolved through mediation. This conclusion was outlined in their final report.

The controversy surrounding glyphosate studies adds complexity to the situation. Bayer defended itself by referencing decisions made by European and U.S. regulatory agencies, which approved glyphosate based on scientific studies. Meanwhile, the NGOs documented cases of poisoning, miscarriages, and breathing difficulties among residents near soybean plantations in Argentina. Urine tests revealed high concentrations of glyphosate. Expert reports presented before courts suggested a link between these illnesses and pesticide exposure.

In addition to health risks, the NGOs highlighted the extensive deforestation resulting from the expansion of the agricultural model based on genetically modified soybeans. They also pointed out Bayer's dominant market power as a seed producer and its influence over such practices.

The National Contact Point assessed the claims as insufficiently substantiated. In response to inquiries from rbb24 Recherche, they confirmed Bayer's stance that glyphosate has been approved by regulatory authorities and thus, according to current standards, it does not seem plausible to accept the connections presented by the complainants.

The NGOs criticized the decision by the National Contact Point to disregard significant aspects of the complaint and hold the company accountable. They argue that this undermines any possibility of the company mitigating future consequences for those affected. The offered mediation was rejected by the NGOs, according to Silvia Rojas.