Brazilian meat from deforestation, Groupe Casino sued in France

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Groupe Casino–GDO (large-scale retail) giant–is under indictment in France for selling Brazilian meat from cattle raised in areas subject to land robbery and deforestation, without observing so-called due diligence.

11 international and local NGOs, representing indigenous groups in the Amazon, brought a claim for 3.1 million euros on 3.3.21 to the French court in Saint-Étienne (Loire), where the mega supermarket chain has its headquarters.

The indictment concerns ‘deforestation and human rights violations in its supply chain,’ in violation of the ‘Loi relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre (2017.399).’

Due diligence, Groupe Casino and JBS

The French due diligence law requires companies with more than 5,000 employees to implement appropriate measures to prevent human rights and environmental violations that may result from the activities-in France and abroad-of:

– group leader,

– entities controlled by it,

– suppliers and subcontractors.

Groupe Casino – listed on the Paris Stock Exchange and present in France with several supermarket chains (Monoprix, Leader Price, Spar, CDiscount, Vival, etc.) but also in Brazil, Colombia, Uruguay and Argentina-is thus held accountable for the omitted controls on the supply chain of beef supplied by JBS.

JBS-the leading beef producer in Brazil and the world-was among other things the protagonist of the most serious scandal in memory in this sector, Carne Fraca, (2,3). As well as land robbery from indigenous communities, so-called land grabbing, and deforestation to make way for grazing land (4,5,6).

Groupe Casino, JBS, the prosecution evidence.

The evidence in support of the prosecution, against Groupe Casino and indirectly JBS, is extensive. The French association Envol Vert, in a 70-page report, traces back the Brazilian meat supply chain. From the supermarket shelves of the French giant to farms and pastures in deforestation-prone areas. (8) Greenpeace international in turn, in the third act of its ‘Slaughtering the forest‘ investigation, demonstrates the system used by JBS and others to ‘restore virginity‘ to deforestation meat:

– the state forest is first ‘liberated’ from its inhabitants, through mercenaries and water poisoning, then destroyed (often illegally) and turned into pasture by farm X,

– farm X registers the deforested and occupied area in the Rural Environmental Register, in order to obtain recognition of its ownership,

– after a certain period, the animals grazing on the deforested area are given to farm Y, which operates in areas not related to deforestation,

– farm Y regularly buys livestock and sells them to slaughterhouses, i.e., meat processors,

– processing industries distribute meat to the international market. With a share of 259k t/year of beef (99k t) and poultry (160k t) exempt from EU import duties, (8)

– Supermarkets, restaurants, and fast-food outlets around the world thus purchase meat from animals grazing in deforested areas, along with other, (9)

– federal and local veterinary authorities, of course, neglect the necessary checks on meat traceability. As the giga-scandal of carne fraca (literally, rotten meat has shown, as well as in line with Jair Bolsonaro’s current ‘necropolitics’. (10)

Deforestation and climate emergency

Brazil’s National Institute for Space Research (INPE) reports on the opening of new grazing areas as the primary cause (65 percent) of deforestation in the Amazon. More than 9,200 square kilometers of primary forest were destroyed between August 2019 and July 2020, +34% from the previous year. And in the first 8 months of 2020, fires more than tripled in the Pantanal wetland, one of the most extensive and biodiversity-rich floodplains, as well as a UNESCO World Heritage Site. (11)

‘Deforestation and subsequent land use for agriculture or grazing contribute far more to climate change than has been estimated so far. ‘Even if all fossil fuel emissions were eliminated but deforestation rates continued to remain constant until 2100, we would not be able to limit the increase in global warming to 1.5 degrees.’ (12)

Sustainable development?

Sustainable development often misquoted by European and national institutions, as well as by big business in Western countries, must find appropriate declinations so that:

– downstream operators (importers, industrial and distribution groups, food service) be held accountable for any violations of human, worker and environmental rights upstream in agribusiness supply chains. Through an effective EU due diligence regulation, now in fact under discussion in Brussels,

– public veterinary inspections, pending due diligence regulation, must come focused on the effective traceability and food safety of meat arriving from South America,

– the European Commission and competition and market authorities (Antitrust) must implement checks on the possible deceptiveness of claims of hypothetical sustainability of supply by operators established in the EU. So that the fateful EU Code of conduct on responsible food business and marketing practices does not result in mere endorsement of greenwashing (13,14).

Origin of meats in the restaurant

The European legislator must affirm the right of consumers to know the origin of meat fed by communities (restaurants and trattorias, canteens, food delivery), as has already been the case in France since 2002 and the writer urges, in Italy, since 2017 (15,16). So far in vain, partly because of the conflicts of interest of Coldiretti, which started the Filiera Italia Foundation with the Cremonini Group (one of Europe’s top beef importers).

While waiting for the French court in Saint-Étienne to rule on the Groupe Casino case, it is up to everyone to contribute to the fight against the climate crisis, protect biodiversity, and respect human rights. Subtract from the price drug and perhaps reduce meat consumption, but carefully choose meat that is local, safe and tracked, sustainable and animal welfare friendly.

Dario Dongo and Elena Bosani

Notes

(1) Amazon indigenous communities and international NGOs sue supermarket giant Casino. Mighty Earth. 3.1.21, https://www.mightyearth.org/2021/03/03/amazon-indigenous-communities-and-international-ngos-sue-supermarket-giant-casino-pao-de-acucar-exito-over-deforestation-and-human-rights-violations/

(2) Dario Dongo. Brazil, operation ‘weak meat’. Veterinarians bribed by the giants and false health certificates on beef and poultry meat for export. GIFT (Great Italian Food Trade). 3/20/17, https://www.greatitalianfoodtrade.it/mercati/brasile-operazione-carne-debole-veterinari-corrotti-dai-colossi-e-certificati-sanitari-falsi-sulle-carni-bovine-e-di-pollame-destinate-all-export

(3) Dario Dongo. Operation fractious meat. Reflections on globalization, food security and rights. GIFT (Great Italian Food Trade). 3/26/17, https://www.greatitalianfoodtrade.it/idee/operazione-carne-fraca-riflessioni-su-globalizzazione-sicurezza-alimentare-e-diritti

(4) Dario Dongo, Giulia Torre. Indigenous blood at dinner? Buycott! Égalité 24.10.19, https://www.egalite.org/sangue-indigeno-a-cena-buycott/

(5) Dario Dongo. Land grabbing and climate change, the 2019 IPCC report. Égalité. 14.8.19, https://www.egalite.org/land-grabbing-e-cambiamento-climatico-il-rapporto-ipcc/

(6) Dario Dongo. Brazilian meat, the weight of the Amazon on our plates. Buycott. GIFT (Great Italian Food Trade). 9.11.19, https://www.greatitalianfoodtrade.it/consum-attori/carne-brasiliana-il-peso-dell-amazzonia-nei-nostri-piatti-buycott

(7) Beef-Report_June-2020_Casino.pdf (envol-vert.org)

(8) Dario Dongo. EU – Mercosur, toxic agreement on trade. GIFT(Great Italian Food Trade). 7/14/19, https://www.greatitalianfoodtrade.it/mercati/ue-mercosur-accordo-tossico-sul-commercio

(9) Greenpeace international. Making Mincemeat of the Pantanal. 3.3.21, https://www.greenpeace.org/static/planet4-international-stateless/2021/03/77f3941a-0988_gp_pan_mincemeat_v9.95_mixedres.pdf

(10) Dario Dongo. Brazil, deforestation is compounded by pesticide carnage. Unsustainable EU-Mercosur agreement. GIFT (Great Italian Food Trade). 4/21/21, https://www.greatitalianfoodtrade.it/mercati/brasile-alle-deforestazioni-si-aggiunge-l-ecatombe-da-pesticidi-insostenibile-accordo-ue-mercosur

(11) Amazônia Legal – Avisos de Desmatamento (inpe.br)

(12) Natalie M Mahowald, Daniel S Ward, Scott C Doney, Peter G Hess, James T Randerson (2017). Are the impacts of land use on warming underestimated in climate policy? Environ. Res. Lett. 12 (2017) 094016.

https://iopscience.iop.org/article/10.1088/1748-9326/aa836d/pdf

(13) Dario Dongo. EU Code of Conduct, responsible business and marketing practices or greenwashing? GIFT(Great Italian Food Trade). 17.7.21, https://www.greatitalianfoodtrade.it/idee/codice-di-condotta-ue-pratiche-commerciali-e-di-marketing-responsabili-o-greenwashing

(14) Dario Dongo, Giulia Caddeo. Argentine meats in Metro Italy, deforestation at home. GIFT(Great Italian Food Trade). 10/31/19, https://www.greatitalianfoodtrade.it/ristorazione/carni-argentine-in-metro-italia-la-deforestazione-a-casa-nostra

(15) Dario Dongo. Origin of all meats in restaurants, the French lesson. GIFT(Great Italian Food Trade). 25.11.19, https://www.greatitalianfoodtrade.it/ristorazione/origine-di-tutte-le-carni-al-ristorante-la-lezione-francese

(16) Dario Dongo. Origin of beef in restaurants, the draft decree law of the L’Italia Zootechnica Consortium. Detailed analysis. FARE(Food and Agriculture Requirements). 5/27/17, https://www.foodagriculturerequirements.com/archivio-notizie/origine-carni-bovine-al-ristorante-lo-schema-di-decreto-legge-del-consorzio-l-italia-zootecnica-analisi-di-dettaglio_1

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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.

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Lawyer in Milan and Frankfurt am Main. An expert in family, juvenile and criminal law, she is now enrolled in a university master's programme in food law